Leslie O. v. Super. Ct.

BACKGROUND

This is a marital dissolution case involving hotly contested issues of child custody. Petitioner Leslie O. and real party in interest Thomas O. have one minor child, Wyatt, who was born in 2009 with a condition causing him to have developmental delays and special needs. We set forth the record available to us with the utmost particularity, as the well-being of an unrepresented minor is at stake.2 We conclude that, considering the totality of the circumstances, the child custody evaluator’s communications and her conduct in stepping out of her role as an evaluator to help Thomas demonstrate bias sufficient to warrant her removal and the striking of her evaluations. A. Facts In September 2012, Ann M. Convertino, LCSW (Convertino), was appointed as the child custody evaluator in this case. Convertino had each parent identify persons with relevant information. Leslie listed Margaret Burr under the heading “Parent’s Psychotherapists (current & past).” The form noted Burr had served as a joint counselor

1 As there is not a plain, speedy and adequate remedy at law, and in view of the fact that the issuance of an alternative writ would add nothing to the presentation already…