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.     

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.     

Testing in child custody evaluations: An overview of issues and uses

The use of tests in child custody evaluations is controversial. Few tests were designed specifically for use in the custody context or include norm samples of parents involved in custody disputes. Use of data derived from tests administered in the custody context can create both scientific and ethical concerns in some cases. However, surveys of child custody evaluators indicate that test usage is common and has in fact increased substantially over the past several decades. The current article reviews the literature regarding the use of tests with adults and children involved in custody disputes and cases with alleged intimate partner violence. Psychometric properties of commonly used tests are discussed, as well as the risks and limitations of test usage in custody evaluations.     

Ethical Issues in Child Custody and Dependency Cases

Abstract

The emotional and psychological risks to children of high conflict divorce have led to the increased involvement of mental health professionals in child custody cases. Numerous service models (Greenberg & Gould, 2001; Johnston, 2000; Johnston & Roseby, 1997) have been developed to assist divorcing families in minimizing family conflict and supporting children'S needs. This underscores the need for judges and attorneys to understand the ethical and professional standards that underlie competent mental health practice in forensic cases. The practices of mental health professionals providing court-related services may have a substantial impact on the validity of their professional opinions, the effectiveness of services provided to children and families, and children'S development and adjustment. The authors suggest core ethical and clinical issues to be considered by all psychologists who work in the context of custody disputes. It is hoped that these professional practice suggestions will also be useful to attorneys and judicial officers in assessing the quality of mental health professionals' opinions.     

Pop Goes the Woozle: Being Misled by Research on Child Custody and Parenting Plans

Mental health professionals, lawyers, and judges whose work involves child custody decisions are often presented with social science research on issues related to which parenting plan is in the children’s best interests. Unfortunately, this research can be misrepresented in ways that mislead these professionals and the children’s parents, leading to child custody decisions that are not the most beneficial for the children. The process of misrepresenting the research in ways that create myths and misconceptions has been referred to as woozling. This article describes how social science data can be woozled, illustrating this with examples related to parenting plans for children under the age of 5 whose parents have separated.     

Child custody evaluations and domestic violence: case comparisons

The literature indicates that witnessing domestic violence is harmful to children, that them is a high overlap between domestic violence and child abuse, and that safety is an important issue for separating women because separation from abusive partners is a particularly dangerous time for victims of domestic violence. Further, child custody is often a contentious issue in domestic violence cases. Child custody evaluations are typically used to assist courts in deciding custody when custody is disputed and when the best interests of the child are unclear. The concept of "best interests of the child" does not specify evaluation techniques or approaches, however, and while custody evaluation standards generally address the best interests of the child, they offer little guidance in high-risk situations such as parental domestic violence. In addition, there has been limited research focused on understanding the custody evaluation process or the degree to which practitioners differ in their procedures and reporting for cases with and without parental domestic violence. This study is one of the first to examine characteristics of disputed custody cases and their custody evaluation reports differences between domestic violence and non-domestic violence cases. This study selected a 60% random sample of cases with custody evaluations in Fiscal Year 1998 and 1999 (n = 82 cases). Out of the 82 cases, 56% (n = 46) met criteria for classification into the domestic violence group and 44% (n = 36) did not. In general, results indicated that although there were some important differences in court records between cases with and without domestic violence, there were only minor differences between custody evaluation reported process and recommendations for the two groups. Implications for research and practice are discussed.     

Practice Guidelines In Child Custody Evaluations for Licensed Clinical Social Workers

Child custody evaluations and decisions are often complicated and emotionally charged. The following guidelines are offered as a framework for clinical social workers who are asked by the judicial system to undertake these evaluations. The historical background of child custody and the theoretical considerations that have guided the courts are reviewed. The traditional areas of consideration and the empirical data related to these areas are examined. The guidelines present pertinent information regarding ethical considerations, parent–child relationship, parenting style, gender issues, parental conflict, parental alienation, domestic violence, race, religion, sexual preferences, geography, parental psychopathology, substance abuse, child’s preference, physical health of the child, and behavioral health of the child. A format for the evaluation process is described and includes the role of the clinician, confidentiality, fees, and review of documents, interviewing, home visits, psychological testing, and the actual written report. Making recommendations to the court regarding child custody is an area of practice that clinical social workers encounter in ever-increasing numbers. Clinical social workers are called upon to give recommendations regarding child custody in neglect or abuse cases, in termination of parental rights proceedings, and in the area divorce and of guardianship. In an effort to provide clinicians with scientifically grounded parameters for rendering these recommendations, the following guidelines are recommended. These guidelines provide a framework of scientific principles, along with established and accepted clinical practice, to enhance the practitioner’s decision making in these challenging and complicated cases. The guidelines are specifically designed for clinical social workers doing custody evaluations in cases of marital divorce and are restricted to that area of practice.     

An Integrated Approach to Child Custody Evaluation

This paper provides an integrated approach to child custody evaluations through utilizing the "best interests" of the child and family systems frameworks. Although these frameworks differ in their basic orientations to conceptualizing the process of evaluating child custody cases, this article proposes that each model contributes to a comprehensive understanding of the complexities related to such conditions. In addition, these two perspectives offer a basis for making differential decisions based on the unique aspects related to a particular child custody case. The underlying assumptions and theoretical orientations of both models are identified and explored. Based on a discussion comparing and contrasting the two models, this paper offers a framework for utilizing both perspectives as well as a method for selecting the most appropriate approach to employ depending on the unique aspects of a child custody case. Recognizing the significant interplay between the legal and mental health professions, the authors identify the various issues that often impede successful collaborative efforts between these professional groups. In addition, guidelines are offered that can enhance the likelihood that these professions can work more effectively together.     

Evaluating the Probative Value of Child Custody Evaluations

Abstract

The ultimate purpose of a child custody evaluation is to assist children and their families to restructure their family lives after divorce. A competent forensic work product is defined, in part, by the eval-uator'S use of current state of the art forensic methods and procedures applied to child custody evaluations (Gould, 1998). In this paper, a detailed structure for reviewing the reliability and relevance of a child custody advisory report is provided in order to help these professionals produce a work product of greater weight and sufficiency to the court and a work product that is increasingly useful to the families we seek to help.     

Testing,One, Two,Three, Testing: An Attorney Perspective

SUMMARY

This article addresses the attorney perspective on the use of psychometric testing in the context of family law child custody evaluations. Although attorneys, judicial officers and child custody evaluators “use” psychometric testing in family law matters, the ways in which each discipline uses the information gleaned from the results of these tests as administered to child custody litigants can differ substantially. This article distinguishes the attorney perspective from the mental health perspective in the use of the results of such tests.     

Abusers gaining custody in family courts: A case series of over turned decisions

Abstract

This article presents findings and recommendations based on an in-depth examination of records from 27 custody cases from across the United States. The goal of this case series was to determine why family courts may place children with a parent that the child alleges abused them rather than with the nonoffending parent. We focused on “turned around cases” involving allegations of child abuse that were at first viewed as false and later judged to be valid. The average time a child spent in the court ordered custody of an abusive parent was 3.2?years. In all cases we uncovered the father was the abusive parent and the mother sought to protect their child. Results revealed that initially courts were highly suspicious of mothers' motives for being concerned with abuse. These mothers were often treated poorly and two-thirds of the mothers were pathologized by the court for advocating for the safety of their children. Judges who initially ordered children into custody or visitation with abusive parents relied mainly on reports by custody evaluators and guardians ad litem who mistakenly accused mothers of attempting to alienate their children from the father or having coached the child to falsely report abuse. As a result, 59% of perpetrators were given sole custody and the rest were given joint custody or unsupervised visitation. After failing to be protected in the first custody determination, 88% of children reported new incidents of abuse. The abuse often became increasingly severe and the children's mental and physical health frequently deteriorated. The main reason that cases turned around was because protective parents were able to present compelling evidence of the abuse and back the evidence up with reports by mental health professionals who had specific expertise in child abuse rather than merely custody assessment.     

Social Psychopathy,Social Distress,Family Breakdown,and Custody Disputes in the 1990s: Implications for Mental Health Professionals

The decade of the 1990s will probably contain more challenges to the role of the mental health practitioner in child custody cases than ever before in history. Because of increasing social stress and family disintegration, custody disputes are destined to become more frequent, bitter, and traumatic for all parties. Mental health professionals, in particular, need to develop a coherent structure regarding their own participation in this process. Issues of moral changes among our leadership and our citizenry are examined and guidelines for the behavior of the mental health practitioner in the courtroom are formulated and illustrated as they pertain to custody decisions. Parlicular attention is paid to custody decisions as an a11 rather than a science, the role of empirical research, the need to anticipate certain unintended circumstances, the need for the application of mental health principles on an individual case-by-case basis, the nature of the mental health professional’s expertise, and the problems with the concepts of “parental unfitness” and the use of psychiatric diagnosis as a way of defining such alleged unfitness.     

The Responsible Use of Psychological Testing in Child Custody Evaluations: Selection of Tests

SUMMARY

The responsible use of psychological tests in child custody evaluations requires an advanced understanding of both psychological issues of test selection and legal criteria regarding admissibility of expert testimony. This paper discusses the psychological and legal issues associated with test selection and with admissibility of expert testimony pertaining to psychological test data. It is argued that the legal standards of relevance and helpfulness require the methodology underlying an expert's testimony to be both reliable and valid. Therefore, it is essential to select psychological tests with demonstrated reliability and validity. Case law regarding expert testimony and the integration of professional practice guidelines pertaining to the use of psychological tests with ethical standards will be discussed.     

Substantiation of Sexual Abuse Allegations

Professional practices and decision-making procedures in investigation of child sexual abuse were studied by interviewing child protection professionals in the southeastern U.S. regarding 175 allegations of abuse. Investigation procedures used, factors associated with the decision to substantiate, and the child protection workers' degree of confidence in their decisions were recorded for each allegation. It was found that substantiated cases: (a) involved significantly older children; (b) were more likely to involve intrusive types of abuse and children of minority race; and (c) were less likely to involve a visitation or custody dispute. Characteristics of the child's disclosure served as the primary basis for substantiation decisions, although medical evidence and affective and behavioral indicators also contributed to the decisions. Case workers were less certain of their decisions when allegations involved young children and adolescents and when allegations were made in the context of custody disputes. In terms of investigatory procedures, anatomical dolls and drawings were rarely used, alleged offenders were interviewed in fewer than one quarter of the cases, and medical and law enforcement consultations were obtained at a higher rate than mental health consultations.     

Social psychopathy,social distress,family breakdown,and custody disputes in the 1990s: Implications for mental health professionals

The decade of the 1990s will probably contain more challenges to the role of the mental health practitioner in child custody cases than ever before in history. Because of increasing social stress and family disintegration, custody disputes are destined to become more frequent, bitter, and traumatic for all parties. Mental health professionals, in particular, need to develop a coherent structure regarding their own participation in this process. Issues of moral changes among our leadership and our citizenry are examined and guidelines for the behavior of the mental health practitioner in the courtroom are formulated and illustrated as they pertain to custody decisions. Particular attention is paid to custody decisions as an art rather than a science, the role of empirical research, the need to anticipate certain unintended circumstances, the need for the application of mental health principles on an individual case-by-case basis, the nature of the mental health professional's expertise, and the problems with the concepts of parental unfitness and the use of psychiatric diagnosis as a way of defining such alleged unfitness.     

A Critical Analysis of Parental Alienation Syndrome and Its Admissibility in the Family Court

Abstract

Over the past three decades, parental alienation syndrome (PAS) has been proposed to explain behaviors by a child who refuses to spend time with a parent and actually denigrates that parent within the context of a child custody dispute. Although some mental health professionals and child custody evaluators, attorneys, and judges have been quick to accept and admit PAS as evidence in these disputes, there has been no consistent empirical or clinical evidence that PAS exists or that the alienator's behavior is the actual cause of the alienated child's behavior towards the target parent. This article attempts to help those working with custody issues understand how the PAS construct fails to meet scientific standards and should not be admissible in courts.     

Strategies to Address Clinical Bias in the Child Custody Evaluation Process

ABSTRACT

Researchers have explored the existence and effects of bias on decision making for decades. Studies indicate that mental health professionals are not immune from unintentional bias in judgments, including those in forensic situations. Custody evaluators should be aware of the pitfalls that exist in clinical decision-making as well as strategies to address them. This article connects existing insights from therapeutic and forensic literature to the field of custody evaluations. An overview of clinical bias in custody evaluation is offered to familiarize practitioners with the range of possible problems. Examples, such as biases inherent in the scientific process and the clinical relationship, are followed with specific recommendations regarding how to address issues of clinical bias during evaluation. Insights are offered for judges and attorneys to improve the quality of reports they receive.     

A Dual Model for Completing Parenting Plans Postseparation

Dr. Kushner has more than 25 years of experience as a court‐appointed expert in matters pertaining to completing child custody evaluations (parenting plans) postseparation. This article combines her extensive practice experience and knowledge about social work theory to offer a “dual model of practice” that provides an alternative for child custody evaluators to consider when completing parenting plans postseparation. The model presented combines the strength-based and person-in-environment perspectives to provide an alternative way of conceptualizing the child custody expert's design of these complicated parenting assessments.     

Experiences of Custody Evaluation: Perspectives of Young Adults Who Were the Subject of Family Court Proceedings as Children

ABSTRACT

Court-ordered custody evaluations are conducted primarily to assist courts in making decisions regarding the best interests of children in the context of parental disputes over custody and access. They also represent the most common means through which children's wishes in relation to custody and access are presented as evidence. This article reports on a qualitative research study of young adults' recollections of participating in custody evaluations ordered by the Family Court of Australia. In-depth interviews were conducted with 18 young adults, aged 18 to 26. Two major areas of inquiry are addressed in this article: (1) participants' recollections of interviews conducted by social workers and psychologists for the purpose of custody evaluation, and (2) their suggestions for ways in which professionals working with children in this context might make the process easier for children. Taken together, their experiences point to some useful principles for practice in this field.     

Judgments regarding parental alienation when parental hostility or child sexual abuse is alleged

Abstract

Allegations of Parental Alienation (PA), the systematic disparaging of one parent by the other parent aimed at alienating their child’s affections, as a basis for child custody decisions are highly controversial. Claims of parental hostility or allegations of child sexual abuse in custody cases may trigger concerns about PA. Family court professionals (N?=?280) rated young children’s accuracy of report (e.g., suggestibility, honesty) in general and also read three custody scenarios varying as to whether or not they included allegations of parental hostility or child sexual abuse, or no such allegations. For each scenario, the alleged alienating parent’s gender was experimentally varied between subjects. Participants rated the likelihood that each case involved PA. For the scenario that included allegations of child sexual abuse, professionals who viewed young children as more inaccurate reporters or who read about the mother (rather than a father) as the alleged alienator were more likely to rate the scenario as involving PA. For the scenario that described parental hostility but no child sexual abuse allegations, professionals who were older or female were more likely to judge the scenario as involving parental alienation when a mother (rather than a father) was the alleged alienator, whereas there were no significant predictors of responses to the no-allegation scenarios. Findings are discussed in relation to the difficult task of evaluating custody cases for PA when parental hostility or child sexual abuse is alleged.