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.