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.     

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.     

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.     

Court orders and custody evaluations in Israel

Seven categories of concern entered into custody judgments--continuity, emotional welfare, support systems, children's wishes, parental agreement, caretaking, and child abuse. The literature points to the first four categories and caretaking as vital considerations for children's best interests. Beyond these findings, visiting rights were granted in all cases for the noncustodial parent, the family was always seen together, and the children were involved in discussion in the majority of cases. It is hoped that this study of social work practice in one country will add insight into the complex issue of custody and aid in the improvement of care for all children.     

Commentary regarding parenting coordination in cases of high conflict disputes

There is oftentimes no distinction in disputed divorce or child custody cases between “high conflict” and “abusive” relationships. This commentary addresses the important distinction between high conflict divorce cases and cases of intimate partner violence (IPV) and highlights the differences between the two terms. It further explores the role of parenting coordination efforts in high conflict cases and how those efforts are not always appropriate in cases of abuse. There is also further discussion regarding the importance of appropriate training for parent coordinators and, at minimum, what that training should entail.     

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.     

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.     

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.     

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.     

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.     

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.     

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.     

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.     

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.     

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.     

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.     

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.     

A Meta-analysis of Parental Satisfaction,Adjustment, and Conflict in Joint Custody and Sole Custody Following Divorce

The literature on parental satisfaction, adjustment, and relitigation in joint custody (JC) versus sole custody (SC) following divorce is reviewed. Findings are summarized for custody differences in parental demographics; time spent with father; the father–child relationship; parental satisfaction with custody; parental adjustment, including self-esteem and parenting stress or burden; conflict between ex-spouses; and relitigation. JC was associated with equivalent or better outcomes than SC in the father–child relationship, parenting stress, parental conflict and relitigation, and overall adjustment. Satisfaction with custody is greatest for both mothers and fathers when they have SC, less in JC, and least for noncustodial parents. Future researchers need larger, more representative samples followed over time.     

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.     

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.