Safety First

Abstract

A substantial percentage of contested child custody cases involve allegations of domestic violence. The impact on the psychological health and physical safety of the child exposed to domestic violence has only recently become a focus of the courts' and child custody evalu-ators' attention. Currently, the majority of state statutes include consideration of domestic violence in “best interests” child custody criteria. However, many of the statues do not provide the child custody evaluator the specific criteria to consider, especially if the domestic violence allegations have not been previously reported to authorities prior to the commencement of separation and divorce proceedings. This article presents the first three steps of the six-step Safety First Model, designed to assist the legal and psychological professions to focus on the priorities on the safety of children exposed to domestic violence.     

Child sexual abuse suspicions: treatment considerations during investigation

This article addresses what, if any, psychotherapeutic interventions should be provided to meet the emotional and clinical needs of alleged child victims of sexual abuse while they await judicial determinations from the family, dependency, or criminal courts. The discussion emphasizes that to minimize iatrogenic outcomes, professionals involved in sexual abuse allegation cases should carefully establish and maintain professional role boundaries and take on only one role in a case. Professional roles may include an investigative forensic interviewer, court appointed forensic evaluator, and therapist. Special attention is given to complex issues that arise in child custody cases with allegations of child sexual abuse in family court.     

Exploring Three Functions in Child Custody Evaluation for the Relocation Case: Prediction,Investigation, and Making Recommendations for a Long-Distance Parenting Plan

SUMMARY

The psycho-legal dilemmas posed by child custody relocation cases are discussed in terms of the four decisional alternatives facing the court and evaluator. Different legal contexts for relocation are reviewed in terms of their implications for the custody evaluation. Complexities involved in the evaluator's function of making predictions for the court are presented. The need to conduct careful investigation on both risk and pragmatic factors is highlighted by case illustrations. The obstacles of crafting of long distance parenting plans that will be in the best interests of the child are presented as governed by the goal of harm mitigation.     

Unpacking Court Divorce Decrees,Children’s Outcomes,and Three Unconfounded Determinants: An Evidence-Based Look

This article examines evidence on 3 determinants of the outcomes of children of divorce that are shaped but neither confound or are confounded by court decrees for custody and parenting time: father contact or involvement, high interparental conflict, and domestic violence. This evidence is brought to bear in an analysis that contrasts predictions based on the rationales for sole maternal versus joint custody and explores implications for judicial decision making. It is found that the best-interests-of-the-child standard better serves children in contested cases when this evidence is taken into account. A call is made for rebuttable presumptions for joint custody and commensurate parenting time except when parent-perpetrated violence or other patterns of abusive behavior are substantiated. Steps for judicial reform are proposed.     

Is It Abuse,Alienation, and/or Estrangement?

Abstract

Allegations of family violence, child abuse, and alienation often occur in the same contested child custody case. Custody eval-uators often are poorly trained in forensic assessment of allegations of domestic violence and allegations of alienation. The authors of this article suggest language that is designed to differentiate between cases in which the term alienation is appropriate, as in non-abuse cases, and when it is best to use other language such as estrangement sabotaging, and counter productive protective parenting in cases where there is abuse. This article describes a decision tree that is designed to assist evaluators in identifying the causes of multiple allegations of maltreatment and abuse.     

Research Based Recommendations for Child Custody Evaluation Practices and Policies in Cases of Intimate Partner Violence

This article reviews recent research on child custody evaluations in intimate partner violence (IPV) cases. Specifically, it covers assessment methods, evaluator selection, evaluator education, guidelines, differential assessment, and state policies. Special attention is given to new methods of bias reduction, the need to focus on coercive and controlling abuse, and the need to interpret psychological tests within a trauma framework. Recommendations are made in each area reviewed.     

Countertransference Bias in Child Custody Evaluations Is Just a Horse of a Different Color: A Rejoinder to Martindale and Gould

ABSTRACT

The authors' reply to Martindale and Gould's critique of Pickar's article (2007a, this issue), “Countertransference Bias in the Child Custody Evaluator.” Martindale and Gould's objections to considering an evaluator's countertransference reactions as a potential source of bias are addressed by focusing on these four areas: (1) Whether it is useful to introduce the term “countertransference bias” to identify a potential source of distortion in custody evaluations; (2) How the empirical literature on countertransference in the context of psychotherapy might apply to the child custody evaluation process; (3) Clarification of areas of agreement and disagreement with Martindale and Gould, and (4) The importance of evaluator attempts at “debiasing.” We conclude that gaining awareness of countertransference reactions can only enhance the evaluator's ability to provide the most objective custody evaluation possible.     

Evolution of Residential Custody Arrangements in Separated Families

Summary

This study tracks the evolution of three types of residential custody arrangements over a two-year period: sole custody with the father (n = 59 children), sole custody with the mother (n = 69 children), and joint custody (n = 69 children). Three categories of change were defined: (a) no change, (b) minor change (changing the schedule of visits or residence with a parent), and (c) major change (changing the custody arrangement). The results show that a minority of children changed custody arrangement but almost half the children in joint custody changed custody arrangements during the two years of the study. More young children and more girls changed custody arrangements, and girls who changed custody usually went to their mothers. With time, a type of polarization may be observed toward sole custody because there were less parents truly active in child custody at T2 than at Tl.     

Countertransference Bias in the Child Custody Evaluator

ABSTRACT

Concerns about bias which may arise in the child custody evaluation process have recently attracted critical attention. The types of biases addressed are those that primarily stem from cognitive psychology, as well as social and cultural sources of bias. Rarely discussed, however, is bias which can stem from evaluator countertransference, which if unrecognized can potentially lead to biased and non-objective recommendations. While one must strive to be objective and impartial, child custody evaluators are frequently working with highly charged emotional issues which may interact with their own personal issues or past experiences. This article examines the types of counter-transference phenomenon which may arise in the child custody evaluation, and presents tips for identifying and managing such reactions.     

Parental Alienation in Light of Attachment Theory

Abstract

Few ideas have captured the attention and charged the emotions of the public, of mental health and legal professionals as thoroughly as the concept of parental alienation and Gardner's (1987) Parental Alienation Syndrome. For all of this controversy, the alienation concept stands outside developmental theory and without firm empirical support. The present paper explores alienation and its conceptual counterpart, alignment, as the necessary and natural tools of child-caregiver attachment (Ainsworth & Wittig, 1969; Bowlby, 1969) and of family system cohesion. This conceptual foundation offers developmentalists, clinicians, and family law professionals alike a common language and valuable instruments with which to understand those relatively infrequent but highly charged circumstances in which these tools are used as weapons, particularly in the context of contested custody litigation. The need to establish baseline measures, child-centered interventions, and legal remedies anchored in the attachment model is discussed.     

FAMILY ASSESSMENT IN CHILD CUSTODY DISPUTES*

This paper has operationalized family systems theory to explicate the interfacing dynamics between family dissolution and child custody disputes. The authors suggest that clinical assessment and intervention in these matters which focus solely on individual and marital, or child dimensions, fail to recognize the powerful influences of systemic family process. A family assessment model, evolved from clinical work with over 200 court-referred custody cases, is described. The model involves a cross-sex therapy team with each member responsible for a specific family subsystem. The role of each therapist and the functioning of the team is outlined. Specific criteria for determining custody recommendations are identified based on patterns of family process and dissolution.     

Integrity and Transparency

Abstract

The author offers commentary concerning the importance of an evaluator'S disclosure of prior or current relationships with custody litigants; of diligence in the creation and maintenance of records; and of cooperation with those wishing to scrutinize one'S work. The position is advanced that all information considered by an evaluator must be preserved, as must audio or video tape recordings of interviews and evaluative sessions. The author opines that where a thorough exploration of the bases for an evaluator'S opinions is impeded by deficient records or by the unavailability of certain records, the risk is increased that evaluator errors will go undetected.     

Influences on Professionals' Child Custody Recommendations

Professionals' recommendations of child custody in divorce cases are being viewed as increasingly important determinants of children's divorce adjustment. This study examined custody recommendations and professional and personal influences on the advice of professionals working with divorce. Subjects were 12 clergy, 24 lawyers, 25 pediatricians, 11 family physicians, 25 social workers, 24 psychologists, and 9 psychiatrists. Professionals completed a questionnaire which addressed seven areas influencing their decision making and which related professionals' recommendations in hypothetical and actual divorce cases. Data were analyzed using analyses of variance, chi-squares, and multiple regression analyses. Lawyers were found to be more professionally constrained, to have more professional experience, to be less psychologically oriented in their practice, and to be the most likely of the professionals to make custody recommendations. Sole parent custody was most often recommended in the actual case, with professional experience, professional constraints, and personal values and experience being the best predictors for sex of the custodian. Psychologicalness of practice and knowledge were the best predictors of sole parent custody with the hypothetical case, although joint custody was most often recommended.     

Is “Best Interests” a Solution to Filling Potholes in Child Custody Planning?

ABSTRACT

The role of the child custody evaluator and the principle of “best interests” have been well contemplated in the literature. This article suggests that the “best interest principle” serves the purpose of providing fill for gaps in the court systems engaged in the work of child custody planning. Using sociologist Dorothy Smith's research approach, Institutional Ethnography, the writer unearths the purpose of these potholes using a concept Smith coined as “Ruling Relations.”     

The Investigation Component in Forensic Mental Health Evaluations

Abstract

Part of the data gathering and analysis in any parenting time evaluation involves investigation into sources of information that provide a factual basis for measuring key factors. However, this investigative function of the child custody evaluator has not been systematically described. In this article, investigative data collection is discussed in terms of holding a discriminating and skeptical eye in reviewing sources of information. The need to conduct forensic “detective work” and factfinding is discussed. The importance of the investigative mindset for the evaluator is to increase the completeness and accuracy of measurement of key variables, which increases the validity and accuracy of predictions on child developmental outcomes for the court.     

Ethical Violations: What Can and Does Go Wrong in Child Custody Evaluations?

Child custody evaluations can have a significant impact on the adjustment and well-being of children and family members. Custody evaluators must be qualified and held to the highest professional standards. The authors of this article review custody evaluations and often witness inadequate and unprofessional evaluations. In this article, ethical mistakes seen regularly are highlighted. Many mistakes occur when cases are complex and include allegations of child maltreatment or intimate partner violence. Therefore, it is important that custody evaluators be trained in family and child psychology, attachment dynamics, psychological assessment, child abuse, and intimate partner violence. Child custody work needs to be monitored closely to ensure that mistakes can be eliminated in order to avoid unnecessary harm to children and families.     

Psychologists' Practices Compared to the Expectations of Family Law Judges and Attorneys in Child Custody Cases

Abstract

Three recent studies have explored the practices of psychologists (Ackerman & Ackerman, 1997), family law judges' expectations (Ackerman & Steffen, 2001), and family law attorneys' expectations (Ackerman & Kelley-Poulos, 2001) in child custody cases. This study compares psychologists' practices with judges' and attorneys' expectations as previously reported in the above studies. Similarities and differences among the groups are analyzed and discussed. Psychologists, judges, and attorneys are more alike than different in their practices, with notable exceptions reported. Implications for interpretation and recommendations in child custody cases are discussed.     

Psychological Testing in Child Custody Evaluations With Ethnically Diverse Families: Ethical Concerns and Practice Recommendations

Given increasing ethnic diversity of divorcing families, it is more important than ever for family court evaluators to understand the ethical concerns and principles underlying the use of psychological testing with ethnic family members. Major professional organizations have promulgated the guidelines of child custody evaluation with an imperative to consider cultural factors in the evaluation. However, there is a paucity of literature that addresses ethnicity and psychological testing in child custody evaluations. This article addresses three major ethical domains: (a) competence, (b) test fairness, and (c) test interpretation when psychological tests are used. Practice recommendations provide guidelines to ensure ethical standards and competence in using psychological testing with ethnically diverse families in child custody and other family court evaluations.     

A Move in the Right Direction? Best Interests of the Child Emerging as the Standard for Relocation Cases

SUMMARY

Relocation cases have become more common in our increasingly mobile society. After a divorce the parent with primary residential custody of a minor child may seek to move to a new location for a new partner, spouse, job, or family. The nonmoving parent objects and the courts have to decide whether to allow the child to move. This article explores the various legal approaches taken by American courts in trying to solve these difficult custody cases. While some courts presume it is not in the best interests of a child to move, others presume that it is. The majority trend, however, appears to be toward a best interests of the child standard with no presumptions.