Alaska R. Civ. P. 90.6

(a) Appointment. In an action under AS 25.20, AS 25.24,

or AS 18.66, the court may appoint an expert under Evidence

Rule 706 to investigate custody, access, and visitation issues

and provide an independent opinion concerning the child’s best

interests.

(b) Qualifications.

(1) A custody investigator should possess knowledge,

skill, experience, training, or education that allows the custody

investigator to conduct a thorough and impartial investigation

and offer an informed opinion to the court regarding custody

and visitation issues. Specifically, the custody investigator

should have an understanding of the following as appropriate

to the case:

(A) child development from infancy through adolescence;

(B) impact of divorce and parental separation on a child;

(C) unique issues related to families involved in custody

disputes;

(D) domestic violence and substance abuse and their

impact on children;

(E) Alaska statutes and rules relating to custody

determinations;

(F) the ability to communicate effectively with children

and adults;

(G) the ability to communicate recommendations orally

and in writing; and

(H) other qualifications appropriate to the particular case.

(2) Upon request of a party, a custody investigator or

prospective custody investigator shall provide to the parties a

written summary of relevant education and experience.

(c) Disclosure of Conflicts. The custody investigator

shall disclose any relationships or associations between the

investigator and any party which might reasonably cause the

investigator’s impartiality to be questioned. This disclosure

must be made no later than 10 days after appointment.

(d) Report.

(1) Deadline for Filing and Contents. The court shall

specify the date by which the custody investigator must file

and serve a written report. The report must describe the

investigation, including who was interviewed and what records

were reviewed, summarize the information obtained, and explain the custody investigator’s conclusions and recommendations utilizing the applicable statutory factors.

(2) Admission of Report into Evidence. Unless otherwise

ordered, the custody investigator’s report is deemed to be

admitted into evidence upon filing and may be reviewed by the

court before the hearing or trial. A party may require the

custody investigator to appear at a hearing or trial to testify

about the report. To preserve this right, the party must include

the custody investigator on the party’s final witness list. The

party must also take appropriate steps to ensure the custody

investigator’s presence at the hearing or trial, which may

include requesting the issuance of a subpoena.

(3) Confidentiality. The custody investigator’s report is

confidential unless otherwise ordered by the court. However,

it may be disclosed to a party’s expert for the purpose of

consultation for trial.

(4) Meeting with Parties. The custody investigator may

meet with the parties jointly or separately at any time to

discuss the investigation and the investigator’s conclusions in

order to facilitate a voluntary resolution of the issues.

(e) Investigation. Unless the court has limited the scope

of the investigation, a custody investigation should usually

include:

(1) individual interviews with each parent;

(2) individual interviews with new spouses, live-in

partners, or significant others of each parent;

(3) individual interviews with or observations of each

child in the family;

(4) observation of parent-child interactions;

(5) review of the court file and other documents provided

by the parties;

(6) criminal and child protection record checks on the

parents, new spouses, and other people living in the household;

(7) review of relevant records pertaining to the child and

household members, subject to applicable privileges;

(8) review of personal references provided by friends or

family members of the parents;

(9) in-person or telephone interviews with other

individuals who have information about the family, as the

investigator believes is necessary.

(f) Release of Records. Unless otherwise specified in

the appointment order, the custody investigator may request a

party to execute a release authorizing the investigator to

inspect and copy confidential records pertaining to the child or

to the party. Within ten days after receiving a request for a

release, a party must either execute the release or file a motion

for a protective order under Civil Rule 26(c). A motion for a

protective order must be accompanied by a certification that

the party has conferred or attempted to confer with the custody

investigator in an effort to resolve the dispute without court

action. If the party fails to respond, the custody investigator

may notify the court and the court shall enter an order directing

that the records be released.

(g) Contact with Parties and the Court.

(1) Contact with Parties. Unless otherwise ordered, a

custody investigator may communicate with a party who is

represented by an attorney without prior notice to the attorney.

(2) Contact with Court. Unless all parties consent, a custody investigator shall not engage in ex parte communications with the court concerning a pending case

except for scheduling and other administrative purposes when

circumstances require.

(h) Discovery.

A party may depose a custody investigator appointed under this rule after completion of a

report. Documents and records in the possession of the

custody investigator are discoverable under Civil Rule 30(b)(5)

and Civil Rule 34 as though the custody investigator were a

party to the action subject to any limitations set by the court as

to the use and dissemination of confidential records.

(i) Compensation. Fees and costs for a custody

investigator will be divided equally between the parties unless

the court finds good cause to change this allocation.

Commentary.—Evidence Rule 706 authorizes the court to

appoint independent experts in civil or criminal litigation. An

expert appointed under Rule 706 must advise the parties of the

expert’s findings, may be deposed by either party, and may be

called to testify by either party or the court.

When a custody investigator is being appointed, the court may

ask the parties to suggest individuals for appointment.

A full custody investigation should usually include all of the

elements listed in paragraph (e). Some of these elements may

be dispensed with if the court has limited the scope of the

investigation, either by narrowing the issues that the custody

investigator should address or by limiting the tasks that the

investigator should perform. For example, the court may agree

to dispense with some of the elements of a full investigation in

order to reduce the cost to the parties. Even when the court

has requested a full investigation, the custody investigator has

discretion to dispense with interviews or record checks that

are clearly unwarranted in a particular case.

Paragraph (e) also indicates that the custody investigator

should review relevant records of the child and other

household members. Relevant records may include school

records, medical records, alcohol or drug abuse treatment

records, and records regarding incidents of domestic violence.