CRITIQUE OF CHILD CUSTODY EVALUATIONS BY THE LEGAL PROFESSION

This study explored the congruency between child custody evaluations and the needs of the legal profession. One hundred twenty-one judges and attorneys were surveyed. In general, both groups expressed similar attitudes and beliefs. Findings indicated that court-ordered evaluations were most useful, and objectivity was paramount. Judges and attorneys also expressed a need for improvements in child custody reports, particularly greater child focus, provision of custody and visitation recommendations, discussion of legal criteria, and timely completion of evaluations. It is hoped that the findings will inform professional practice and help evaluators better serve the needs of the family court.     

Children's involvement in contested custody cases: Practices and experiences of legal and mental health professionals

The experiences and practices of family law attorneys, trial judges, and mental health professionals regarding the involvement of children in contested custody cases were investigated through a systematic and detailed survey. Results revealed that the level and manner of children's involvement was linearly related to a child's age as reported by all groups. Judicial jurisdiction was also related to whether children's wishes were sought and in what manner; specifically, Michigan judges were significantly more likely to interview children using flexible due process than Virginia judges. In addition, interview procedures used by mental health professionals and judges, such as length, making of records, and the presence of other individuals, differed significantly. The amount and complexity of children's involvement suggest that further research is needed to explore these complexities and their effects on children.     

PARTICIPANTS’ EVALUATIONS OF ASPECTS OF THE LEGAL CHILD CUSTODY PROCESS AND PREFERENCES FOR COURT SERVICES

Domestic relations courts continue to experience large caseloads. As the volume of cases in which families are in crisis continues to grow, policy makers, practitioners, judges, and attorneys struggle to meet the growing demand and seek more effective ways to address the needs and issues of those who are engaged in child custody processes. The present study provides an examination of parent attitudes concerning various aspects of the legal process and preferences concerning a variety of court‐based family services and interventions.     

SCIENTIFICALLY CRAFTED CHILD CUSTODY EVALUATIONS

This article proposes a model for the interdisciplinary colloboration of judges, attorneys, and evaluators prior to the writting of a court order for child custody evaluation in the formulation of specific psycholegal questions that guide the examination. These questions accurately reflect the concerns of the court, the attorneys, and the parties to the dispute while framing the evaluation questions within the behavioral sciences, suitable for evaluation by a mental health professional. Such a model best suits the court by providing information on specific, legally relevant areas of parenting, child development, and/or mental health useful to the trier of fact.     

POLICE PERCEPTIONS OF INFLUENCE: A Study in the Criminal Case Disposition Process

This study examines police perceptions of their own influence and the influence of the judges, attorneys, victims, and defendants in the felony case disposition process. The findings suggest that while police perceive their own influence as relatively low, it is enhanced by their direct participation in plea discussions both in their own view and that of the observers. The study concludes that there appear to be substantial benefits from greater police participation in the negotiated disposition of criminal cases.     

PARTNERS IN THE PROCESS: HOW ATTORNEYS PREPARE THEIR CLIENTS FOR CUSTODY EVALUATIONS AND LITIGATION

We surveyed 113 family attorneys regarding what they did to prepare their clients for child custody evaluations and litigation. Findings revealed that participants saw child custody evaluations as useful on a variety of levels and effective in settling cases. In general, participants reported using professionally acceptable procedures, appropriately advocated for their clients, and dealt with complaints in a reasonable fashion. Referrals to mental health professionals in advance of a child custody evaluation were generally made to provide support rather than for evaluation or test preparation. Work product reviews by mental health consultants were infrequent, although such reviews were seen as highly useful by those who used them. Lastly, participants reported that allegations of parental alienation and domestic violence were often used to gain leverage in custody cases. Implications for practice are discussed for both attorneys and evaluators.     

LEGAL AND JUDICIAL INTERPRETATION OF COMPETENCY TO STAND TRIAL STATUTES AND PROCEDURES

This study provides an analysis of the views of the legal community with respect to competency to stand trial statutes and procedures. Responses from North Carolina judges and defense attorneys reveal significant areas of disagreement or misunderstanding. While many judges believed that defense attorneys misunderstood or misused the competency procedures, the judges uniformly granted the motions. Defense attorneys indicated reasons for requesting competency evaluations that were frequently unrelated to concerns about competency. Hearings to determine competency were often not even held, and if a defendant was found to be incompetent. most judges believed that involuntary commitment to a mental institution should be automatic regardless of perceived dangerousness. The authors argue that these issues demand further attention and resolution to allow the competency laws to accomplish their intended goal without jeopardizing defendants’ rights.     

Judging the Best Interests of the Child: Judges' Accounts of the Tender Years Doctrine

With dramatic changes in family life over the last several decades, child custody law has shifted from a maternal preference to a more egalitarian standard, the best interests of the child. Despite this change in the law, scholars have debated whether gender continues to play a role in the resolution of custody disputes. Drawing on feminist legal scholarship and sociolegal research on judges, I assess the current debates over gender and custody by examining the accounts of judges who frequently adjudicate custody cases. I conduct in-depth, face-to-face interviews with twenty-five trial court judges in Indiana and investigate judges' accounts about whether they continue to use the tender years doctrine in custody disputes, even though the custody statute is explicitly gender-neutral. Then, I assess several competing explanations of the variation across judges' accounts, including the judges' gender role attitudes, gender, age, and political party affiliation. In exploratory analyses, I also examine the contested custody rulings of a subset of nine judges to assess whether judges' accounts are congruent with their actual custody decisions. I discuss the implications of these findings in light of feminist legal scholarship as well as empirical research on child custody adjudication.     

JUDICIALLY HOSTED SETTLEMENT CONFERENCES IN DOMESTIC RELATIONS CASES

Trial court judges have not traditionally been involved in facilitating negotiations in domestic relations cases. The move toward alternative dispute resolution presents opportunities to judges to involve themselves in assisting litigants and their attorneys to fashion agreements that are tailored to each family. This article examines the elements and variables inherent in settlement negotiations and domestic relations and makes suggestions for judges who host settlement conferences in family law cases.     

Family Law,Parents with Disabilities,and the Americans with Disabilities Act

Parents with disabilities contend with bias within the family law system, often threatening their custody and visitation rights. The overarching goal of this article is to explore the experiences of parents with disabilities involved in custody and visitation disputes and the application of the Americans with Disabilities Act (ADA) in these cases. This article begins with an overview of parents with disabilities and their interactions with the family law system. Next, the article examines the ADA and its applicability to custody and visitation disputes. Finally, the article offers thoughts about strategies that can be utilized by attorneys to ensure that the rights of parents with disabilities are protected.     

The Place for Custody Evaluations in Family Peacemaking

Custody evaluations can serve the dual purpose of providing neutral, objective information to the court while also contributing to the possibility of earlier settlement, which coincides with the therapeutic jurisprudence goal of more positive outcomes for children and families. Research suggests that most cases settle after custody evaluations. However, most of the literature is focused on the use of custody evaluations for litigation. Evaluators, attorneys, and mental health consultants can influence parents to focus more on children's needs and less on their conflict as they go through the evaluation process. This article urges family courts to develop processes and require professionals to learn skills needed for an interdisciplinary process to utilize evaluations in peacemaking.

Key Points for the Family Court Community:
• All custody evaluation processes should aim to reduce and/or shorten children's exposure to parental conflict.
• Evaluators, attorneys, and mental health professional consultants should use the evaluation process to influence parents to be more aware of their children's needs and less invested in their adversarial positions.
• Evaluators should learn to write and orally present information and state opinions with consideration of the parents themselves as consumers of the custody evaluation as well as the court.
• Attorneys and mental health professional consultants should help clients review the report, process their emotional reactions, and consider their options for settlement versus litigation in terms of emotional and financial costs to the family.
• Court processes should be developed to contain the time and cost of custody evaluations and provide dispute resolution after custody evaluations.

     

Contact disputes and allegations of gender violence in Spain

ABSTRACT

In Spain, progress is being made to restrict contact between aggressors and their children in cases of gender violence. However, visits and communication, even shared custody, are still granted by judges despite shared custody being prohibited by law in such cases since 2005. Under recent legal reforms, children are now considered primary victims of gender-based violence. However, even today, Spanish judges frequently allow contact and even grant shared custody to the aggressor. This is despite the fact that in cases of gender violence, there are usually measures in force that include restraining orders and prohibitions against communicating with the mother. In these cases, communication between the father and his children is effected through grandparents or at the so-called ‘family meeting points’ – neutral spaces supervised by professionals. Insufficient budgets and shortcomings in the management of these meeting points have led to many problems, including women being murdered by their partners after leaving one of these meeting places.     

Chapter 4: Interstate Judicial Communication,Cooperation, and Assistance

This chapter identifies when and how judges should communicate to resolve jurisdictional disputes in interstate child custody and visitation cases. It also discusses how judges can assist each other with interstate evidence gathering.     

An interdisciplinary collaborative model for developing psycholegal questions in court ordered child custody evaluations

When a child custody evaluation is ordered from the bench, it is common practice for a judge to include a request for psychological evaluation of the parents and their minor children. Occasionally, a judge will provide a list of questions to be assessed. It is often left to the examiner to draw inferences from the court order and pleadings about the precise scope and purpose of the evaluation. This article proposes a model for the interdisciplinary collaboration of judges, attorneys and evaluators prior to the writing of the court order in the formulation of specific psycholegal questions that reflect the concerns of the court as well as those of the attorney and their clients and which may be anchored in the behavioral science literature. Such a model best suits the court by providing information on specific, legally relevant areas useful to the trier of fact.     

Knowledge and perceptions of juvenile justice officials about selection bias

This study examined the knowledge and perceptions of juvenile justice officials about selection bias and other causes associated with minority overrepresentation. In-depth interviews were conducted with officials working at major decision-making levels in the juvenile justice system of the Commonwealth of Kentucky. Almost half of the officials did not perceive selection bias to be present in the system. The other officials were divided in their beliefs about the possibility that selection bias could be the result of isolated incidents of discrimination as opposed to systematic race and class biases in the society and juvenile justice system. The study concluded that most judges, county attorneys, police officials, and some court designated workers thought that the system was fair and equitable.     

Bias in the Family: Race,Ethnicity, and Culture in Custody Disputes

This essay examines the role of racial, ethnic, and cultural bias in custody cases. It analyzes cases where the court explicitly considered the parents’ racial, ethnic, or cultural background and cases where the court did not acknowledge these factors but where it is clear from the court's opinion that biases influenced its decision. It then briefly describes the literature on implicit bias to demonstrate how biases may influence the assessments of custody evaluators, lawyers, and judges despite best efforts to make fair and impartial decisions. Drawing on studies suggesting that individuals can reduce their implicit biases and their effects on decision making, the essay explores individual strategies and institutional reforms to address bias in custody disputes.     

PROFESSIONAL PERSPECTIVES ON COURT-CONNECTED CHILD CUSTODY MEDIATION

This article presents the initial findings of a research project in five judicial settings where there is the provision of child custody mediation within the court. A sample of judges, members of the Bar, and court mediators completed the Professional Study Questionnaire, which examined opinions regarding the efficacy of child custody mediation and requested suggestions for judicial policy and procedure in cases of custody conflicts.     

Lawyers about Mixed Tribunals: Do Croatian Professional Judges, State Attorneys, and Private Attorneys Share the Same View?

In this paper, I examine opinions about mixed tribunals, a form of lay participation used widely in the criminal justice systems across Europe. The distinguishing feature of mixed tribunals is the fact that professional and lay judges decide the guilt and sentence jointly. I explore the differences of opinion among lawyers about mixed tribunals in general and about lay judges in particular. Using the theoretical underpinnings of status characteristics theory, I study the impact of the lawyers' role in the criminal justice system and the type of court/office at which they serve or practice law on their opinion about mixed tribunals. The dataset I analyze in this paper consists of questionnaires filled out by Croatian professional judges, state attorneys, and private attorneys.     

ATTORNEYS' OPINIONS REGARDING CHILD CUSTODY MEDIATION AND ASSESSMENT SERVICES

Family attorneys (N = 161) completed a questionnaire about mediation and assessment of child custody issues. Comparisons by gender, years of family law practice, and status as a mediator revealed more similarities than differences among attorneys. There were gender differences in the strength of conviction of the importance of attending to abuse issues in mediation and assessment, with female attorneys holding stronger views than did their male counterparts. There were few differences among the opinions of lawyers based on their years of experience or their training in mediation, although, compared to nonmediators, mediators rated the positive effects of mediation more highly.     

The impact of parental homosexuality in child custody cases: a review of the literature

As a result of the relatively high rate of divorce in this country and the increasing awareness that many parents (an estimated 1.5 million) are homosexual, the courts, as well as divorce mediators, have become actively involved in child custody placement decisions involving homosexual parents. While custody decisions have tended to reflect stereotyped beliefs or fears concerning the detrimental effects of homosexual parenting practices on child development, a review of the research consistently fails to document any evidence substantiating these fears. A number of specific custody issues are discussed as well as social factors relevant to lesbian motherhood. In conclusion, several authors call for increased awareness of the facts of homosexual parenting by lawyers, judges, and other professionals involved in homosexual parent-child custody cases.