Using a CFI or PRE Report as a Roadmap for Settlement Rather Than a Roadmap to Trial

Receiving a Child and Family Investigator (CFI) or Parental Responsibilities Evaluator (PRE) report can be one of the most emotional moments in a Colorado family law case. Parents often spend months participating in interviews, providing records, and waiting for recommendations that may significantly impact parenting time and decision-making responsibilities.

When the report is finally issued, many parents immediately turn to the recommendations section and begin evaluating whether they "won" or "lost." If the recommendations align with their position, they may feel validated. If they do not, they may feel frustrated, angry, or misunderstood.

While these reactions are understandable, they can sometimes cause parents to overlook the most valuable aspect of the report. A CFI or PRE report should not be viewed solely as a roadmap to trial. In many cases, it can serve as a roadmap to settlement.

As a former family law litigator, I have seen parents spend significant time and resources preparing for a hearing focused on challenging a report. While there are certainly situations where litigation is necessary, there are also many cases where the report provides a clear framework for productive discussions and resolution.

The purpose of a CFI or PRE investigation is to identify concerns, evaluate family dynamics, and make recommendations that the evaluator believes serve the child's best interests. The report often highlights recurring themes that contributed to the conflict between the parties. These themes may include communication difficulties, disagreements regarding education or medical care, concerns about parental involvement, boundary issues, or recommendations for therapy and family support services.

Rather than focusing exclusively on whether every recommendation is correct, parents may benefit from asking a different question: What concerns is this report identifying, and how can we address them moving forward? For example, a report may identify communication problems between parents that are creating conflict for the child. The recommendation itself may be only one piece of the puzzle. The more important takeaway may be the evaluator's observation that the current communication dynamic is not working. Through mediation, parents can explore practical solutions such as structured communication platforms, clear decision-making procedures, or protocols for resolving future disputes.

Similarly, a report may recommend a specific parenting schedule. Even if one or both parents disagree with the exact recommendation, the report often provides insight into the child's needs, developmental considerations, and concerns that influenced the evaluator's conclusions. Mediation allows parents to discuss these underlying issues and develop a parenting plan tailored to their family's unique circumstances.

The same principle applies to recommendations involving therapy, reunification services, co-parenting counseling, educational concerns, or decision-making responsibilities. The report can help identify areas that require attention while mediation provides an opportunity to collaboratively determine how those issues will be addressed. One of the greatest advantages of mediation following a CFI or PRE report is that it allows parents to retain control over the outcome. A court hearing generally results in a decision imposed by a judge after considering the evidence presented. Mediation, by contrast, allows parents to actively participate in crafting solutions that work for their family while still considering the concerns identified in the report.

This does not mean parents must agree with every finding or recommendation. It simply means that the report can be used as a starting point for meaningful discussions rather than an endpoint that automatically leads to further litigation.

In many cases, the most productive question is not whether the report is perfect. The more productive question is whether the information contained within the report can help the parties identify common ground, address concerns, and move toward a more stable future for their children.

A CFI or PRE report often represents a significant investment of time, energy, and resources. When viewed through the lens of settlement rather than conflict, it can become a valuable tool for resolution rather than simply another step on the path to trial.

If you have recently received a CFI or PRE report and are looking for a productive way to address the recommendations, M&D Resolution Group offers virtual family law mediation throughout Colorado. Contact us to learn how mediation may help you move forward without the cost and uncertainty of further litigation.