Family Matters

What is CCES? Differentiating between custody evaluations and CCES in Bucks County

It is no secret that Courts are inundated with custody cases and that time for hearings is not in abundance. This can cause long wait times just to get in front of a court officer or Judge, and then a limited time for an actual hearing. Part of what our family law attorneys do is manage expectations so that clients know that we often just “don’t have all day” when their case finally gets into court.

In some cases, a custody evaluation can be helpful for a third-party professional to really dig into a case and spend the days and hours that the Courts do not have. The purpose is to, hopefully, help parties reach a settlement or, at least, offer the Court an in-depth assessment of the custody case in the form of a report versus hours of testimony. Unfortunately, these types of private custody evaluations are very expensive, so they are often cost-prohibitive and not a good fit for every case. Additionally, unless the parties agree, the custody evaluator generally testifies in Court about their report, which is an added cost.

If you have a child custody matter in Bucks County, you may have heard the abbreviation CCES. CCES stands for Court Conciliation & Evaluation Service and is unique to Bucks County. CCES is a custody evaluation service offered through the Court versus the hiring of a third-party professional.

CCES is often encouraged in contentious custody cases where both parents may be seeking primary physical custody, or one parent is seeking shared physical custody and the other parent is opposed. It is ultimately a process that parties must agree to participate in. Similar to a private custody evaluation, CCES can also be beneficial in having a third-party evaluate claims by parents and in issuing a recommendation that may lend itself to settlement instead of trial. CCES, however, is not a regular custody evaluation.

While less costly than a private evaluation, litigants do not select the custody evaluator in CCES, and an individual is assigned at random. Additionally, the custody evaluator specifically cannot testify in court. Prior to CCES beginning, parties review the policies and procedures, which highlight that the evaluators do not go to Court. Practically, what significance does this have? This means that the evaluator who has written your report does not have to speak to the Judge and cannot be cross-examined by either attorney. Why does this matter? Sometimes it is helpful for a custody evaluator to weigh in on their written report through oral testimony, and clarify any concerns or reiterate any points made. Additionally, if one parent is unhappy with the CCES recommendation, they have to attempt to discredit the recommendation in other ways than actually using the evaluator’s testimony.

We appreciate the sensitive, high-stakes nature of child custody cases. The decision of whether to engage in a custody evaluation or a county-specific program such as CCES is an important one. Our team is available to discuss your options and provide guidance.

The information contained in this publication should not be construed as legal advice, is not a substitute for legal counsel, and should not be relied on as such. For legal advice or answers to specific questions, please contact one of our attorneys.