Key Differences Between 604.10(b) and 604.10(c) Evaluations in Illinois

In family law cases involving minor children, Illinois courts are mostly guided by one central principle: the best interests of the child. In understanding that, there are times the court appoints a mental health expert for recommendations pursuant to Section 604.10 of the Illinois Marriage and Dissolution of Marriage Act. Although similar in many ways, it is vital to understand the differences between 604.10(b) and 604.10(c) evaluations. The expert appointed is typically either a psychologist or psychiatrist. These evaluations typically carry a high cost, between $5,000 and $20,000 approximately. As a result, they are typically conducted in limited circumstances, for instance in very high conflict cases, and after a Guardian ad Litem or Child Representative has been involved and further guidance or assistance is needed.

604.10(b) Evaluations

A 604.10(b) evaluator is the court’s independent expert. The court will allocate the payment between the parties based on the parties’ income, access to funds, or the underlying reason leading to the appointment of the evaluation, all within the court’s discretion. The initial payments are also subject to reallocation.

To initiate the evaluation process, the parties must reach out to the evaluator and make their payments within the court’s designated timeframe. When there is a Guardian ad litem (“GAL”) on the case, the evaluator and the GAL will work together closely in providing information but not influencing the evaluation or recommendations. The GAL may provide facts related to their investigation, given that they have likely been involved in the case for a longer period of time before the evaluator was appointed. The GAL will not (or should not) share their recommendations in the case with the evaluator.

Next, the evaluator will conduct interviews and may administer various psychological tests with both parties. Typically, both parties will be subject to the exact same procedures during the interview and testing process. The evaluator will then submit a written recommendation to the court in accordance with their findings.

In the report, 604.10(b) will spell out (1) a description of the procedures used during evaluation, (2) a report of the data collected, (3) all test results, (4) any conclusions of the professional regarding the allocation of parental responsibilities, (5) any recommendations of the professional regarding the allocation of parental responsibilities or the child’s relocation, and (6) an explanation of any limitations in the evaluation or any reservations of the professional concerning the resulting recommendations.

The 604.10(b) evaluator is subject to subpoena for records and testimony and may be subpoenaed to testify in court. Even if the expert does not testify, their written report can, and likely will, be admitted into evidence, unless a party objects. 750 ILCS 5/604.10(b).

604.10(c) Evaluations

In contrast, 604.10(c) are experts retained by a party, rather than independent, though it is still by way of a court order and within the court’s discretion to appoint. Here the retaining party may choose their expert, rather than the court selecting the expert. A 604.10(c) evaluation occurs when a party wants to have their own expert or disagrees with either the recommendations from a 604.10(b) evaluation or GAL, or if no (b) has been appointed and the party believes this will be helpful.

When a party files a motion for a 604.10(c) evaluation, they must identify the proposed evaluator and their area of practice or discipline. If the Court grants the motion, then the order must set forth both the evaluator’s name, address, and telephone number and the time, place, scope, and conditions of the evaluation. Unlike 604.10(b), the party requesting the 604.10(c) evaluation will pay for the entirety of the process.

A 604.10(c) evaluator’s report and process should otherwise be the same as a (b) evaluation.

In legal terms, a 604.10(c) evaluator is considered a controlled expert witness, while a 604.10(b) evaluator is considered the Court’s expert, and thus independent. This distinction is important because it affects the level of control each party and the court have over the case, and at times, the consideration the court gives to the evidence presented from the evaluation.

When a party requests a 604.10(c) evaluation, the other party may object, especially if a 604.10(b) evaluation was already completed. Not only is it strenuous on a child to be put through another evaluation, but it will also delay resolution in the case. It may be helpful and necessary though if that party seeking the evaluation believes the other experts are not correct in their case assessment.

A key similarity between 604.10(b) and 604.10(c) is that the evaluator is subject to subpoena and will have to produce their file and/or sit for a deposition if requested. It is important to note that both (b) and (c) evaluations require that a report is produced, even if it is not favorable to the evaluated party.

Courts typically give great weight to a 604.10 report given the extensive amount of time and analysis the evaluator puts into them but are not bound by the report. Overall, the main differences between 604.10(b) and 604.10(c) are who appoints the evaluator, who pays the evaluator, and the 604.10(c) notice requirement. The reports themselves are comprehensive and very helpful. If not for the expense, it would be a tool used more often as it gives great guidance to the court.

The Law Office of Erin M. Wilson is familiar with the 604.10 process and often works closely with mental health professionals that serve as evaluators. Contact The Law Office of Erin M. Wilson LLC for a consultation regarding what to expect when undergoing a 604.10 evaluation.

NOTICE: This blog is intended solely for informational purposes and should not be construed as providing legal advice. Please feel free to contact us with any questions you may have regarding this blog post.