BIFF

 In child custody cases, if the parents cannot find agreement in mediation, the judge will often turn to a neutral third party to investigate and submit a report to the court.  In Hawaii, these official neutral investigators fall into three categories:  Child Custody Evaluator (CE), Guardian ad Litem (GAL), and Best Interest Fact Finder (BIFF).

Which is right for you?

1. A Child Custody Evaluator is a mental health professional. Hawaii law requires Child Custody Evaluators to be board certified psychiatrists, licensed child & family therapists and/or psychologists, or certain clinical social workers. A CE is usually appointed by the court, however a party can hire a CE on their own, provided it is approved by the judge. Agreement by the parties, either singly or jointly is not required for a judge to make this decision.

2. A Best Interest Fact Finder (BIFF) in Hawaii is a legal professional who also has additional training and education in child and family therapy or child psychology. A BIFF can be appointed by the court if both parties agree, or can be hired by the parties on their own, with court’s approval.

3. A Guardian ad Litem is appointed directly by the court to represent the child, often in cases where the child's safety is at risk or when the child is in foster care or other child protective services.

How are they alike? They will all interview the parents and children, as well as other relevant people, such as teachers, doctors, and coaches. They then submit a written report with their observations, assessments and recommendation on what they believe to be the best custody arrangement for the child. The judge takes their recommendations under advisement. If requested, they will testify in a hearing in support of their findings.

How are they different?   The CE’s recommendation goes directly to the court. It is not binding but the judge seldom ever goes against the CE’s recommendation. Someone else is making the decisions regarding your rights as a parent. 

The BIFF’s report is also submitted to the court, if both parents agree. If a parent disagrees with the BIFF’s report, they can either challenge it in court, or reach an out-of-court settlement.  The parents may retain some control over the process and empowerment of their rights and responsibilities.

One way to think of it is that a CE looks at the investigation from a mental health point of view, where a BIFF looks at the investigation from a legal point of view. 

BIFFs are usually less expensive than CEs by thousands of dollars – but not always. It depends on the complexity of the case. Your lawyer is fighting for the best interest of the client. The BIFF is fighting for the best interest of the child.