What is a CFI, and why did the Court Appoint One in my Case?

If you are currently in a child custody or decision-making dispute, your attorney may suggest, or the Court may appoint a Child Family Investigator (or "CFI") to your case. The CFI is a neutral third-party investigator with outside expertise, particularly in family law or psychology, who will investigate a family unit to provide more information and recommendations on specific issues within the case.  

Why was a CFI assigned to my case?

A CFI may have been appointed to your family law case if there are substantial issues related to parental responsibilities. When the Court needs more information to make decisions about parenting time, decision making, or determining the best interests of a child, a CFI appointment may be appropriate.  

What does a CFI do?

The CFI conducts interviews, talks to collateral witnesses, gathers evidence, and provides a report with recommendations to help the Court understand the family dynamics and what arrangement will support the child’s wellbeing. The Court appointing a CFI will set forth the CFI’s duties in a written order of appointment. From there, a CFI will typically conduct their investigation by holding interviews with both parents and all children of the relationship, as well as conducting a home visit with the child present in both homes and reviewing information provided by the parties.

The CFI may contact outside sources, such as family, friends, teachers, or physicians, to obtain relevant information necessary for their report. This usually occurs after both parents have been interviewed and had a home visit. 

Once their investigation is complete, the CFI will draft a report detailing all of their observations and recommendations. The CFI will then file their report directly to the Court. Since CFI’s are appointed by the Court, their report automatically comes into evidence, but it is usually still helpful to have them testify at hearing.

What a CFI does NOT do:

The CFI does not represent any parties to the case, including parents. The CFI merely serves as a third-party, neutral investigator. 

Under C.R.S. 14-10-116.5 (1), the same CFI may not serve as both the legal representative of the child or decision-maker and as the CFI. The child is not a client of the CFI. Instead, the CFI acts as a neutral third party to the Court, providing an expert opinion on what they believe is in the best interest of the child. 

Furthermore, the CFI is not able to call witnesses or present evidence at hearing.  It is up to the attorneys or unrepresented parties to do so. The recommendations that the CFI provides in their final report are NOT court orders; the CFI report is simply a recommendation that the Court will consider when issuing their ruling. Furthermore, the parties to the case do not have to accept the CFI’s recommendations – you are permitted to argue against them and provide your own evidence to refute the CFI’s recommendations or even have a work product review conducted to challenge their report.

What can you do?

Paying the retainer for the CFI should be the first thing you do after appointment. The Court will determine who among the parties is expected to pay for the CFI, unless the parties can agree to it themselves. The CFI will require a retainer to be paid before they begin their investigation. Costs associated with retaining a CFI are capped at $3,159, with additional fees incurred if the CFI is asked to appear at a hearing or has to travel to conduct home visits as part of their investigation. Parties who can prove they are indigent may have their share of the costs paid for by the state by filling out an Application for a State Paid Professional (JDF 208).

After paying the retainer, you will want to schedule your intake and home visit with the CFI – this is your responsibility! The CFI will not reach out to you first to schedule interviews or home visits. The Court expects YOU to do this. 

You will also receive an intake packet from the CFI, which you will be expected to complete and return by the deadline the CFI provides. Include ALL and ANY relevant information or evidence in your case; this includes phone records, text messages, emails, pictures, journal entries, parenting plans, etc. You may also include statements that your child has made to you that you believe the CFI should be aware of – this is your chance to provide the CFI with information that would be considered “hearsay” in other circumstances.  As a court-appointed expert the CFI is able to testify about things the child and other witnesses say to them if they rely on this information in part of making their expert recommendations.

During your meeting with the CFI, you should be prepared to discuss each party’s involvement in the case. It is essential that you are prepared to provide the CFI with a comprehensive, chronological timeline of your relationship with the other parent and your child. DO NOT focus on how bad the other parent is – in fact, you should make an effort to highlight a few good things about the other parent. 

During home interviews, the CFI will make additional observations regarding the children's living conditions and their dynamic with their parent. Specifically, the CFI will be asking themselves if your home environment serves the child’s best interest. Factors that the CFI will consider when determining the child’s best interest are governed by C.R.S. 14-10-124(1.5)(a), and are as follows:

i) The wishes of the child's parents as to parenting time; 

ii) The wishes of the child, if they are sufficiently mature to express reasoned and independent preferences as to the parenting time schedule; 

iii) The interaction and interrelationship of the child with their parents, their siblings, and any other person who may significantly affect the child's best interests; 

iii.5)  Any report related to domestic violence that is submitted to the court by a child and family investigator, if one is appointed pursuant to section 14-10-116.5; a professional parental responsibilities evaluator, if one is appointed pursuant to section 14-10-127; or a legal representative of the child, if one is appointed pursuant to section 14-10-116. The court may consider other testimony regarding domestic violence from the parties, experts, therapists for any parent or child, the department of human services, parenting time supervisors, school personnel, or other lay witnesses.

iv) The child's adjustment to their home, school, and community; 

v) The mental and physical health of all individuals involved, except that a disability alone shall not be a basis to deny or restrict parenting time; 

vi) The ability of the parties to encourage the sharing of love, affection, and contact between the child and the other party; except that, if the Court determines that a party is acting to protect the child from witnessing domestic violence or from being a victim of child abuse or neglect or domestic violence, the party's protective actions shall not be considered with respect to this factor; 

vii) Whether the past pattern of involvement of the parties with the child reflects a system of values, time commitment, and mutual support; 

vii) The physical proximity of the parties to each other, as this relates to the practical considerations of parenting time; 

ix & x) Repealed;

xi) The ability of each party to place the needs of the child ahead of their own needs.

The CFI may contact outside sources such as family, friends, teachers, caretakers, therapists or physicians, to obtain relevant information necessary for their report. This usually occurs after both parents have been interviewed and had a home visit. 

Once their investigation is complete, the CFI will draft a report detailing their observations and recommendations. The CFI will then file their report directly to the Court. 

Throughout the process, you are encouraged to be open and honest with the CFI. Remember: the CFI is not your attorney and therefore will not provide you with attorney-client privilege. However, it is essential to keep in mind that the CFI is not necessarily working against you – they are working to serve the best interests of your child. Being honest with the CFI will allow the CFI to make recommendations that serve the best interests of your child, whereas misleading or withholding information can damage your credibility and potentially affect the  outcome in the case. 

Creating Healthy Communication Boundaries

When you have children together you are typically supposed to co-parent with your ex after divorce or splitting up.  “Co-parenting” stands for “cooperative parenting” or making mutual decisions together and working towards common goals for the benefit of your child(ren).

However, if your ex is abusive, coercive or suffers from a personality disorder, co-parenting can become an impossible and oftentimes unsafe feat.  Many of my clients look for guidance in communicating with a difficult ex.  Here are some tips that I regularly suggest:

1. Use a co-parenting communication website.  Talking Parents and AppClose are free options, but do not filter conversations.  Our Family Wizard provides communication filtering called “ToneMeter” for $149.99/year, but messages are filtered by a computer algorithm, so some unwanted messages may get through.  Civil Communicator is the gold standard, as every message is read and reviewed by real people, but also the most costly option at $65/month or an annual payment of $395/year.  However, if your ex is regularly aggressive in communications, you can request the Court order them to be responsible for the cost.

   
   

   One of the best features about using a co-parenting communication website is that it gives you the ability to choose when you review messages from your co-parent rather than texts which show up immediately on your phone and can quickly derail your day.  I recommend my clients not have the app set up to alert you immediately when there are new messages, but instead to check once a day when they are in their best mental health space. 

   
   

   These services also show you when your ex reviews a message, even if they do not respond, so they cannot claim they did not receive your email or text.  They are also easier to authenticate and get into evidence at hearing.

   
   

2. Use the “BIFF” method when communicating.  “BIFF” stands for “brief, informative, friendly and firm.”  There is a series of books written about this topic, which can be found here.

   
   

3. Employ the “gray rock” method.  The gray rock method involves setting boundaries around communication so you don’t invite unwanted or unnecessary discussions.  Learn more about this communication method here.

   
   

4. Consider parallel parenting.  While co-parenting is the default in Colorado, sometimes parallel parenting is a safer and more effective method.  Parallel parenting refers to the parties both parenting in their own ways in their own homes with little to no co-operation or communication, running their homes as two parallel lines that never intersect.  You can take an online parallel parenting class or order a parallel parenting workbook here.

   
   

   Unfortunately children create an ongoing link between you and your ex that lasts, in most situations, until your children turn 18.  As such, it is important to set up firm boundaries that work for you and stick to them to ensure your communications are as stress-free and productive as possible. 

   For more information about setting up communication-related boundaries with your ex, feel free to schedule a consultation or client meeting by emailing admin@boeckxlaw.com or calling us at (720) 689-2885.

Colorado Courts Recognize Coercive Control as Abuse

A few years ago, my client was testifying when opposing counsel objected as to "relevance." In response to the objection, I stated that my client was eliciting examples of coercive control, which is a form of domestic violence. The court responded "I don't know what that is" and opposing counsel agreed. I was shocked and appalled.

I am a huge advocate for victims of domestic violence ("DV"), having been a victim of DV myself. I estimate that at least 80% of my clients are victims of some form of DV. For the family court to have never even heard of the term "coercive control" was extremely concerning because not all DV is obvious, like a black eye after being hit. Nonetheless, mental and emotional abuse, such as coercive control, can be just as damaging for victims, if not worse. Common tactics involve gaslighting and isolation, in which the victim is led to believe that they caused or deserve the abuse, while simultaneously being cut off from their support system and therefore, are unable to seek help.

I was greatly relieved to learn that as of August 7, 2024 the legislature added coercive control to the definitions section of the best interests of the child statute (C.R.S. § 14-10-124), which now states as follows:

(I.3)(a) "Coercive control" means a pattern of threatening, humiliating, or intimidating actions, including assaults or other abuse, that is used to harm, punish, or frighten an individual. "Coercive control" includes a pattern of behavior that takes away the individual's liberty or freedom and strips away the individual's sense of self, including the individual's bodily integrity and human rights. "Coercive control" includes isolating the individual from support, exploiting the individual, depriving the individual of independence, and regulating the individual's everyday behavior. "Coercive control" includes, but is not limited to, any of the following:

(I) Isolating the individual from friends and family;

(II) Monitoring, surveilling, regulating, or controlling the individual's, or the individual's child's or relative's, finances, economic resources, or access to services;

(III) Monitoring, surveilling, regulating, or controlling the individual's, or the individual's child's or relative's, activities, communications, or movements, including through technology;

(IV) Name-calling, degrading, or demeaning the individual, or the individual's child or relative, on a frequent basis;

(V) Threatening to harm or kill the individual or the individual's child or relative, including wearing, accessing, displaying, using, or cleaning a weapon in an intimidating or threatening manner;

(VI) Threatening to commit suicide or otherwise harm one's own person, when used as a method of coercion, control, punishment, intimidation, or retaliation against the person;

(VII) Threatening to harm or kill an animal with which the individual or the individual's child or relative has an emotional bond;

(VIII) Threatening to publish the individual's, or the individual's child's or relative's, sensitive personal information, including sexually explicit material, or make reports to the police or authorities;

(IX) Damaging the individual's, or the individual's child's or relative's, property or household goods;

(X) Threatening the individual, or the individual's child or relative, with deportation or contacting authorities based on perceived or actual immigration status, withholding essential documents required for immigration, or threatening to withdraw or interfere with an active immigration application or process; or

(XI) Forcing the individual, or the individual's child or relative, to take part in criminal activities or child abuse.

The statute now requires that "if the court orders unsupervised parenting time for a parent, and there is any information, including an accusation by a child, that the parent has committed domestic violence, child abuse, or child sexual abuse, or if the parent is accused by the child of domestic violence, child abuse, child sexual abuse, child emotional abuse, or coercive control, the court shall make a statement in writing or orally on the proceeding record regarding why unsupervised parenting time for the parent was determined to be in the best interests of the child with paramount consideration given to the child's safety and the physical, mental, and emotional conditions and needs of the child." C.R.S. § 14-10-124(9).

While the Courts still have a long way to go in addressing domestic violence, this is a great step forward for victims in Colorado as now all domestic relations judges will be aware of the elements and potential effects of coercive control.