Can’t Sue Family Court Child Custody Evaluator For Malpractice.

In a protracted and acrimonious child custody battle, the mother brought an action against a psychologist acting as a family court child custody evaluator for breach of contract, negligence and intentional infliction of emotional distress. The defendant demurred, citing Civil Code section 47, the litigation privilege and asserted the common law privilege for quasi-judicial acts. The trial court sustained the demurrer without leave to amend. In affirming, the appellate court stated: “In this case, all of the actions complained of were well within respondent’s judicially delegated role as a family court child custody evaluator, whether or not such delegation was legally authorized, and in the absence of any objection by appellant.” (Bergeron v. Boyd (Cal. App. First Dist., Div. 4; February 4, 2014) 223 Cal.App.4th 877, [164 Cal.Rptr.3d 426].)