Adams

Jack A. (father) appeals a postjudgment order awarding sole legal custody to Christina Adams (mother) of the parents’ only child, J. (now 14 years old). Because the court erred by refusing to remove an Evidence Code section 730 evaluator for bias and then relying on the evaluator’s biased report in awarding mother sole legal custody of J., we reverse the custody modification order. 1 We also hold the court erred by denying father’s motion for the appointment of a special master and father’s request for a determination of the reasonableness of the section 730 evaluator’s fees. We remand the matter to the trial court for further proceedings consistent with this opinion.

FACTS

In this case, the parties disagree fundamentally on how best to raise their highly intelligent son, J., who was diagnosed at a young age with Asperger’s syndrome, a form of high functioning autism. The parents care deeply for their son, but hold diametrically opposed views on the extent of his disabilities and on the efficacy of certain types of autism treatment. Mother has written a published book on autism, gives lectures on the subject, helps other famihes obtain services for their children with…