Introduction to the Volume on Psychological Testing in Child Custody Evaluations

ABSTRACT

Allegations of domestic violence are among the most difficult to assess when they are posed during a child custody evaluation. We discuss the social and political context within which such evaluations occur. We describe both historical and current conceptualizations of and research concerning domestic violence. We end by discussing a variety of factors evaluators may consider using when developing an evaluation protocol to assess allegations of domestic violence within the context of child custody disputes.     

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.     

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.     

What Happens When There Is Presumptive 50/50 Parenting Time? An Evaluation of Arizona’s New Child Custody Statute

ABSTRACT

The current study presents the findings of an evaluation of Arizona’s 2013 revisions to the child custody statutes that directed courts to “maximize” the child’s parenting time with both parents. A state-wide survey of the four family law professions (i.e., conciliation court staff, judges, mental health providers, and attorneys) assessed their perceptions of the law 4 years after implementation. We averaged the ratings across the four professions to obtain a comprehensive perspective that gave equal weight to each profession. Results revealed that the law functions as a rebuttable presumption of equal parenting time; that it is evaluated positively overall and in terms of children’s best interests; that it is has a neutral impact on legal and interparental conflict; and that it has led to small increases in allegations of domestic violence, child abuse, and substance abuse.     

Review of Empirical Research on Child Custody Practice

ABSTRACT

This article reviews the current state of child custody practice and its significant changes over the past 20 years. Three types of research methodology are reviewed regarding child custody practice: survey research with child custody evaluators, survey research with judges and attorneys, and content analysis of child custody reports. The assessment of specialized issues in child custody evaluations, such as sexual abuse and domestic violence, are addressed as well. Factors promoting change in child custody practice over the years are discussed, along with areas needing further improvement and research.     

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.     

Introduction to the Volume on Relocation Issues in Child Custody Cases

ABSTRACT

Recent JCC articles on the topics of gender bias in domestic violence research and practice and parental alienations syndrome are critiqued, with a brief preview of related articles on these topics scheduled for the upcoming special issue on domestic violence. The problem of false negative and false positive errors in evaluations of abuse allegations are discussed and the social psychological factors that contribute to systems failure in family courts are examined.     

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.     

Young Children's Problematic Sexual Behaviors,Unsubstantiated Allegations of Child Sexual Abuse,and Family Boundaries in Child Custody Disputes

ABSTRACT

Allegations of child sexual abuse are sometimes alleged based on a child's problematic sexual behaviors. When the allegations are unsubstantiated, child custody evaluators are asked to make recommendations regarding custody. Historically, it has been believed that if a child engages in problematic sexual behaviors it is strong evidence of child sexual abuse. Recent research finds that there are many reasons, other than overt sexual abuse, for children to engage in problematic sexual behaviors. This article outlines these reasons and provides a methodology for the evaluation of the boundaries in both parents' homes to assist in determining the possible etiology of the problematic sexual behaviors of the child. Suggestions are made regarding visitation and reunification if boundary concerns are found.     

Evaluating Allegations of Child Sexual Abuse Within Complex Child Custody Cases

SUMMARY

This article provides a framework for identifying and assembling the interdependent elements of a child custody evaluation with allegations of child sexual abuse. The identification of several myths regarding child sexual abuse (CSA) introduces the subject matter of this article. A forensic evaluation model (Heilbrun, 2001) is then used to organize the custody evaluator's tasks into the following sequential classifications: (a) preparation; (b) data collection; (c) data interpretation; and (d) communication of results. Through this model, the entwined tasks of evaluating the child's needs and the parents' capacities to meet the child's needs, while simultaneously examining the question of child sexual abuse, are addressed.     

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.     

When Form Fails to Follow Function

Abstract

Benjamin and Gollan'S (2003) new primer on conducting child custody evaluations, published by the American Psychological Association, presents the authors' flawed evaluation protocol with little discussion of the risks and benefits of the practices they advocate. The authors fail to note where their model varies significantly from the custody evaluation guidelines required by law in some states, and promulgated by various professional organizations. The most troubling practices include not interviewing and assessing pre-adolescent children, destroying videotapes of interviews and observation sessions, organizing the evaluation around parental allegations, use of a suggestive allegation checklist, and limiting consideration of information from collateral witnesses to declarations submitted under penalty of perjury.     

Apples and Oranges in Child Custody Disputes: Intimate Terrorism vs. Situational Couple Violence

ABSTRACT

In response to Dutton's (this issue) critique of feminist theories of domestic violence, the author of this article makes three points relevant to the debate about the gender asymmetry of intimate partner violence. First, there are three major types of intimate partner violence, only one of which (intimate terrorism) is the kind of violence that we all think of when we hear the term “domestic violence.” Second, both major types of sampling designs in domestic violence research are seriously biased, and those biases account for the fact that both sides of this debate have been able to marshal ostensibly contradictory empirical evidence for their position. Third, intimate terrorism (also know as domestic violence, spouse abuse, wife-beating, etc.) is, indeed, primarily male-perpetrated and, in the case of heterosexual relationships, probably best understood through some version of a feminist theory of domestic violence. The author then discusses the implications of these points for assessment of risk in child custody deliberations.     

When children’s testimonies are used as evidence: how children’s accounts may impact child custodial decisions

Abstract

In child custody cases, children oftentimes provide allegations of experienced trauma against one of their parents. Such allegations can happen before any investigative interviews (e.g., by the police or child protective services) have taken place. A central theme here concerns how to appraise such allegations and make certain that children’s accounts are taken seriously. In the current special issue, the focus is on new work on the functioning of children’s memory and its relation to trauma or work on children’s suggestibility and memory when they are traumatized. Specifically, key experts in the field of children’s memory provided contributions on: (1) the impact of interviewer support and rapport building on children’s testimonies, (2) the role of parental alienation in children’s testimonial accuracy, and (3) different types of false memories in children’s memory reports.     

Domestic Violence and Child Protection: Partnerships and Collaboration

Abstract

The interface between the child protection and domestic violence sectors is often problematic, in that the two sectors operate relatively independently, with little integration. However, it is widely recognised that these sectors need to work more closely to enhance both women's and children's safety. This paper explores the processes needed for the child protection and domestic violence sectors to develop collaborative partnerships that lead to the provision of higher-quality responses to both women and children. Drawing on collaboration theory, a number of barriers to the development of successful partnerships are described, and applied to initiatives that seek to develop integrated approaches between child protection and domestic violence services. It is concluded that there is much scope for the two sectors to work closely together, but that the development of integrated responses involving both child protection and domestic violence services will take a significant commitment, level of determination, and stamina from both parties.     

The Influence of Divorcing Mothers' Demeanor on Custody Evaluators' Assessment of Their Domestic Violence Allegations

A gap exists between empirical evidence demonstrating the risks posed by domestic violence (DV) and the weight that evidence is given by custody evaluators. This gap may result from common beliefs about DV that diminish or deny its seriousness, which include that mothers often make false allegations to gain advantage and that DV and high conflict are synonymous and do not require differential approaches. Using a multiple segment factorial vignette design, we systematically assessed how these beliefs influenced custody evaluators' (N = 603) recommendations and judgments of the believability of allegations. Mother's demeanor (i.e., hostile vs. pleasant) was the most consistent predictor of evaluators' recommendations and judgments of credibility. Findings have implications for providing research-based education and training for evaluators.     

Domestic Abuse Assessment in Child Custody Disputes: Beware the Domestic Violence Research Paradigm

ABSTRACT

In some states, custody assessors are now required to become familiar with the dynamics of prevalence of domestic abuse since the presence of one or more abusive parents in the house has an impact on the “best interests of the child.” The domestic abuse literature is misleading in setting a framework for abuse incidence and threat source for children. Males are represented as primary perpetrators of physical abuse although data from meta-analytic studies show otherwise. Indirect aggression is scarcely mentioned in the literature, although prevalent in research on aggression. Physical violence directed towards children is actually more likely to be mother-perpetrated. Child safety may be compromised if attention is focused solely on the possibility of abuse from a male perpetrator.     

Child Custody Evaluations in Cases Involving Sexual Abuse: A View from the Bench

SUMMARY

Psychological evaluation and testimony play a critical role in child sexual abuse cases, especially in custody and visitation cases. While the evaluation generally cannot determine whether sexual abuse has occurred, it can provide useful information to assist the court in deciding matters of custody and access in the face of the allegations. Judges need to know the standard of practice for the development of expert opinion in order to be able to evaluate testimony offered by custody evaluators. The informed judge can develop useful input by outlining expectations within the order for evaluation and actively regulating the gate for admission of expert testimony. Elements of a model order for custody evaluations addressing allegations of sexual abuse are proposed.     

On Comparing Apples with Apples Deemed Nonexistent: A Reply to Johnson

ABSTRACT

M. Johnson's rebuttal is an example of the paradigm I described to readers in my original article. Johnson develops a taxonomy of intimate violence where female initiated violence does not exist. He does this despite extensive evidence to the contrary. A recent national survey included questions about both severity and instrumentality of violence given to both genders. Intimate terrorism (as defined by a combination of instrumentality and repletion of severe violence) is perpetrated by both genders (2.6% of women and 4.2% of men). The notion that women do not initiate domestic violence is misleading to custody assessors who must consider risk to children as part of the child's best interest.     

The Forensic Model

Abstract

Understanding the relationship between psychological ethics and scientifically informed methodology is critical to a competently crafted child custody advisory report. This paper offers a working definition of the forensic model and integrates elements of the 2002 American Psychological Association's Ethical Principles of Psychologists and Code of Conduct(American Psychological Association, 2002) with forensic methods and procedures as applied to child custody evaluations.