What's the Difference Between a CFI and a PRE?

In Colorado, an expert can be appointed to your case to help the Court determine the best parenting time for children of a contested domestic relations case. There are two different flavors that the Court will whip up for such an event.

One is a CFI, or Child and Family Investigator. The other is a PRE, or Parental Responsibilities Evaluator.

Essentially, these folks will work in a similar structure. Both experts are appointed either by Court order or agreement of the parties. Upon retaining one of these experts, an investigation will ensue. They will talk to the parties, the children (if they are of a mature enough age to do so), and any other collaterals provided. Examples of collaterals are neighbors, grandparents, childcare providers, teachers, coaches, or pastors -- anyone with firsthand observation and knowledge about the children and/or the parenting of either or both parties. These are more or less lay character witnesses for the parties that give a narrative to the investigator. Once the investigation is complete, a report is issued and filed with the Court. Traditionally this report carries incredible weight in a contested parenting time case. These individuals hold important differences that you need to be aware of if you are being asked to consider one be appointed to your case.

Cost. The most glaring difference between a CFI and a PRE is the cost. By statute a CFI is capped at $2,750 as of the date of this article, though this has been rising over the years since the cap has been implemented. A PRE, on the other hand, has no cap on what they can charge. And because of their further reach (explained below), their costs can be substantial. In my time as a paralegal, I have seen PRE reports (yes, that is plural) in and of themselves cost over $20,000. And this is before anyone is set to testify or show up at Court!

Qualifications. In Colorado, the process to become a CFI is fairly simple. Essentially, you have to have a background in family law and take a 40-hour training course. You do not have to hold any law or mental health certification. A PRE, on the other hand, must be a mental health professional.

Mental Health Evaluations. Many times in contested cases involving parenting time, one party will allege mental health concerns. If that is the case, a CFI is unable to perform any mental health evaluations. Even if a CFI is also a mental health professional, they are unable to perform them. A PRE, however, can and will often perform mental health evaluations on both parties. This is a large chunk of the cost of a PRE.

Timing. My experience with CFIs is that a typical window for completion of an investigation for a CFI will be between 90-120 days from date of appointment. This is a long time, but it can pale in comparison to a PRE report. Because of how much more thorough a PRE investigation can be, I have seen PRE reports that take up to 9 months to complete.

The appointment of one of these individuals is not anything I would ever recommend for all of the reasons listed above and more. Most importantly being the disrupt it causes for families involved in these investigations. Tension and anxiety are at all-time highs when every move you make or ever have made is scrutinized. If they can be avoided at all, they should. I speak from experience, having gone through a CFI investigation previously. My kids and I were miserable in this process. Not to mention spending the money we didn't have to feel that way!