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.     

Assessment of motion media on believability and credibility: An exploratory study

The radical shift by news audiences away from newspaper to motion media (video stories on TV, web, cell phones, handhelds) prompted the assessment of media modality (text, text + picture, video) and source (public relations, news, user-generated content [UGC]) effects on credibility and more importantly perceived veridicality, a perception of an object as being accurate and believable regardless of the source, as well as impact of messages. The findings revealed that motion media modality significantly enhances believability judgments and perceived veridicality, which is independent of source cue, in which news source garnered no greater credibility than PR or UGC source.     

Response to Amundson,Lux and Hindmarch: Critique of Investigative Practices Article

ABSTRACT

This article responds to a commentary by Amundson, Lux and Hindmarch (2005), in which they offer a pejorative criticism about our article (Austin & Kirkpatrick, 2004) in which we described the investigative component within comprehensive child custody evaluations–something they label as “maximalist” evaluations and contrast with a model they prefer called the “minimalist” approach. We believe our approach to custody evaluations is in keeping with the current standard of practice and professional guidelines.     

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.     

The manifestations of politics in evaluation: An exploratory study across the evaluation process

Evaluation has been described as a political act. Programs and policies are generated from a political process, and the decision to evaluate and how to use the evaluation are manifestations of the political dynamic. This exploratory study was conducted with practicing evaluators to understand what they view as political situations in the evaluation process and how they responded to these situations. Findings suggest that, in relation to the potential evaluation phases in which each respondent has been involved, evaluations are susceptible to politics when initially attempting to identify stakeholders and when it’s time to report the evaluation findings. Evaluators have also developed multiple strategies for dealing with these situations, including finding allies for the evaluation and working to explain the evaluation process and its implications. We hope that this study will help to inform novice and expert evaluators about the various political situations they may encounter in their practice.     

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.     

Effectiveness of the Coral Tree Family Service family inpatient unit: a longitudinal study exploring change in family functioning

Child mental health disorders represent a major burden to public health in Australia due to high prevalence rates, the widespread impact across domains, and the potential for difficulties to persist into adolescence and adulthood. Extensive evidence exists for the use of parent management training and cognitive behavioural therapy to treat difficulties experienced by children; however, a proportion of children do not benefit as expected from these treatments. The use of complementary therapeutic approaches and variations to the mode and intensity of existing intervention is warranted; family inpatient units represent a unique example of this. The aim of this study is to evaluate the effectiveness of a well-established Australian inpatient unit that admits the whole family, for children aged 12 years and younger referred with mental health, behavioural, or emotional difficulties. This study's longitudinal within-subject study design utilised routinely collected outcome data from the systemic clinical outcome and routine evaluation, 15 item (SCORE-15)—a valid and reliable measure of family functioning—from a sample of 980 participants attending the Family Residential Program. This study reported significant improvement in family functioning across all outcome variables between baseline and post-intervention, with no variables returning to pre-intervention levels at follow-up. Clinically significant changes in overall family functioning showed that 37% of participant scores moved from the clinical range at baseline to the nonclinical range post-intervention. This study represents the first empirical evaluation of the Family Residential Program, and the reported results provide compelling evidence for the program to effect improvement in family functioning for families with long-standing and severe difficulties. Poor rates of questionnaire completion following intervention frequent the literature base of family inpatient units, with low post-intervention (56%) and follow-up (12%) rates evident in this study. This study uniquely contributes to the growing evidence base of family inpatient units using rigorous evaluation methods.     

The children of alcoholics: An exploratory study

This study explored the relation of parents alcoholism to the health, behavior, and learning problems of their children. To control for the impact of hospitalization on the children, two control samples were obtained. In general, the problems among children of alcoholics were the same as for children in the control group except in the area of behavioral problems. The implication of these results for further research and for clinical practice were discussed.     

Recommendations from child fatality review teams: results of a US nationwide exploratory study concerning maltreatment fatalities and social service delivery

Multidisciplinary child fatality review teams (CFRT) have existed in the United States (US) for almost 30 years; the products of the review process, however, remain unexamined. This study reviewed reports from CFRT throughout the US to compile and evaluate the identification of problems and recommendations by professionals concerning child maltreatment fatalities. Team‐ and state‐level data were also used for analysis to better understand the context in which recommendations are made. Over 300 recommendations for change from CFRT were grouped into 11 macro categories. The frequency of each type of recommendation and examples from each category are provided. The authors provide recommendations of their own for improvements in CFRT outputs. Copyright © 2008 John Wiley & Sons, Ltd.     

Anger as a Frequent Factor in Custody Evaluation Complaints to Boards of Psychology

In order to provide the highest quality services when court-ordered to do child custody evaluations, it is important for mental health professionals, particularly psychologists who do psychological testing, to be clear about the ethical requirements associated with the child custody evaluation process. They should be impartial, thorough, and competent focusing on the best interest of the child. Mental health professionals have been accused of unethical and illegal behavior when doing such evaluations, in part, due to the anger associated with the outcome and/or the process. The ethical issues most associated with licensing board and ethics committee complaints and civil lawsuits focus on bias, informed consent, lack of symmetry, timeliness, finances, confidentiality, negligence, chemical dependency, multiple relationships, and failure to report/omissions.     

Interorganizational relations of nonprofit organizations: An exploratory study

In their several roles as appropriators, redistributors, and providers, nonprofit organizations are involved in complex transactions with organizations in the nonprofit, for-profit, and public sectors. The purpose of this exploratory investigation, based on a sample of New York State nonprofits, is to explain variation in the extent of intrasector and intersector transactions. Various kinds of prevailing environmental complexities, coupled with the ways in which organizations are structured to deal with these complexities, help explain variation in the extent of organizational transactions. Another important predictor is directors' perceptions of main problems affecting the activities of their agencies. These findings are consistent with the conclusion that environmental uncertainties and perceptions about them affect the nature and extent of interorganizational contact.     

Clinical Ratings of Parenting Capacity and Rorschach Protocols of Custody-Disputing Parents: An Exploratory Study

SUMMARY

In this study, the Rorschach protocols of 98 parents undergoing custody evaluations were correlated with clinical judgments of their alienating co-parenting behavior, parent-child role reversal, lack of warm and involved parenting, and abuse of the child. The results indicate that this personality assessment instrument, scored according to the Comprehensive System, is likely to provide a relatively rich source of data relevant to assessing parenting skills and capacities in custody-disputing families that are convergent with clinical assessments drawn from clinical interviews, parent-child observations, and substantiated histories of child abuse.     

Influence of the Caldwell report,and other computer generated interpretive reports,in child custody evaluations: A brief report

Abstract

This brief report reviews the use of MMPI-2 computer-generated interpretive reports in child custody evaluations. Particular attention was aimed at the Caldwell Report’s MMPI-2 Custody Report. Considering the recent temporary closure of the Caldwell Report, this article will discuss what scoring and report options remain currently for interpretive custody reports. A perspective is shared that a dependence on computer-generated interpretive reports is detrimental to the science and practice of custody evaluation work. Finally, the author calls for future and revised computer-generated interpretive reports to include more information regarding a link to conclusions, gender bias, and peer reviewed research.     

Workforce training in family therapy and systemic practices: An evaluation framework and case study

Internationally, while the interdisciplinary field of family therapy and systemic practices is well established and evidence for therapeutic impact is advanced, evaluation of training and measurement of its impact lags behind. This paper addresses this gap, utilising a single case study at the Bouverie Centre, the largest family therapy and workforce development service in Australia. We describe (a) the scope of workforce training and implementation at the Centre, (b) the development of our training research and evaluation framework, and (c) standardised data collection methodology, including a pre-post training reflective survey. Collectively, this work comprises our current evaluation framework through which we will subsequently examine training impact. Future research and practice recommendations are offered to address challenges to workforce training evaluation and progress efficacy of family therapy training.     

Gambling among young Thai people in Melbourne,Australia: an exploratory study

The purpose of the study reported in this paper was to explore the gambling behaviours of young Thai people resident in Melbourne, Australia; the meaning that gambling had for this group; whether the attitudes of these young Thai people towards gambling changed as a result of their location in a society with more relaxed attitudes towards gambling than in Thailand; whether any such changes of attitude were reflected in gambling participation; and whether such participation had demonstrably negative impacts. It was also hoped to gain some insight into whether pre-existing beliefs and attitudes provided a protective factor in relation to the respondent's gambling. Fifty young people aged 18 to 25, forming five natural friendship networks, were observed on over 180 occasions in relation to their gambling and leisure behaviours. A number of major themes were identified from the observational data including money, fortune and luck, consumerism, entertainment, spirituality and superstition, gambling and family values. It was found that despite high levels of gambling participation there was little, if any, evidence of problematic play or its consequences. Strong adherence to values espoused in families of origin and to complex beliefs about luck in the context of beliefs about spirituality and the location of gambling within the context of a range of leisure pursuits served as protective factors for these young people.     

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.     

“If I Killed You,I'd Get the Kids”: Women's Survival and Protection Work with Child Custody and Access in the Context of Woman Abuse

Public interest in child custody and access has intensified under the guise of gender neutrality and without adequate attention to gender based violence. A study of formal systems' responses to abuse by intimate partners identified child custody and access as a central issue. Interviews with women revealed that upon leaving abusive partners, women's work involved the contradictory requirements of preserving the children's relationships with, yet protecting them from, their fathers. Interviews with service providers and document analysis illustrated how certain practices, policies and ideologies create and sustain these requirements. Findings illustrate that gender analysis and accounting for violence in custody and access practice are necessary to the safety of women and children.     

Toward Disentangling Fathering and Mothering: An Assessment of Relative Importance

This study employed dominance analysis to assess the relative importance of maternal and paternal support, behavioral control, and psychological control in explaining depression, antisocial behavior, and social initiative within 644 adolescents. We noted the lack of replicated findings concerning differential effects of mothers and fathers and employed an approach that considered mothers’ and fathers’ overlapping predictive abilities in determining their relative importance. Results lend support to the overall parental framework and additionally suggest (a) mothers’ behavioral control is relatively more important than fathers’ in explaining sons’ subsequent antisocial behavior, (b) fathers’ support is relatively more important than mothers’ support in explaining subsequent youth social initiative, and (c) mothering and fathering tend to have a cross‐gendered effect on early adolescents’ depression.     

The relocation of nursing home residents: An illustration of the advantages gained by planning a new program and designing an implementation evaluation together

This paper describes a collaboration between an evaluation team and the management and staff responsible for relocating nursing home residents to a new, state-of-the-art facility. Both the relocation plan and the implementation evaluation of this plan are detailed in order to illustrate the link between program planning and evaluation. I argue that combining program planning and implementation evaluation activities is of value to a wide range of organizations contemplating the development and implementation of a new program. Then I draw upon the research utilization literature to discuss how the collaborative relationship between the evaluation team and management contributed to the success of both program planning and program evaluation activities.