Models and methods of cost-effective child custody evaluation

Child custody evaluations (CCEs) are often seen as a necessity by the legal system when caregivers cannot find a resolution to their child custody disputes. In many instances, these evaluations are quite costly for the litigants and cost can act as a barrier to equal access to justice. Affluent families are better able to access private evaluators while families with lesser means may encounter delays in receiving services or be unable to afford an evaluation at all. This can, in turn, prolong resolution of league disputes, increasing the emotional toll on families, and hamper courts in making decisions in the best interests of the children involved. This article examines models of providing CCEs outside of an isolated individual provider private practice format. It examines the benefits and considerations for lower-cost evaluations, while discussing how to maintain high quality services that adequately assess family systems. Broader issues that impact the courts and overall access to justice through offering cost effective evaluations are also discussed.     

Assessing allegations of domestic violence in child custody evaluations

There has been an increased focus on child custody evaluations involving domestic violence allegations with much criticism of evaluators' training, practices, and procedures. A national survey of 115 child custody evaluators (doctoral and master's level) was conducted to explore these criticisms. Findings revealed adequate training, multiple sources of data collection, and practices/procedures that closely adhere to child custody guidelines. However, robust, specialized domestic violence instruments, tests, and questionnaires were underutilized. Respondents indicated that findings supporting domestic violence allegations had a substantial impact on their subsequent recommendations. Results are discussed in terms of the importance of assessing domestic violence when conducting custody evaluations and the need for developing practice standards in this domain. Generally, results did not support common criticisms of custody evaluation practice.     

Waiver of the psychotherapist-patient privilege: implications for child custody litigation

The psychotherapist-patient privilege, rooted in both common and statutory law, is predicated upon the public policy goal of protecting the reasonable expectation of privacy of individuals seeking psychotherapy. The privilege is not absolute, however. State and federal courts are far from uniform in determining how and when the privilege should be waived, in whole or in part, through implication, inadvertence or the affirmative action of the parties. In the family law context, the law that has evolved around the exercise of this privilege is even more complex as the needs of children add another wrinkle to the goal of balancing the imperative of confidentiality with the need for useful information that may be provided.     

Advancing prevention research on child abuse, youth violence, and domestic violence: emerging strategies and issues

Prevention research on the related problems of child abuse, youth violence, and domestic violence has grown at an accelerating pace in recent years. In this context, a set of shared methodological issues has emerged as investigators seek to advance the interpersonal violence prevention knowledge base. This article considers some of the persistent methodological issues in these areas and points out emerging research strategies that are forging advances in garnering valid, rigorous, and useful knowledge to prevent interpersonal violence. Research issues and emerging strategies in three key domains of prevention research are considered, including complexities in validly conceptualizing and measuring varying forms of violence as specific targets for preventive intervention, research issues and strategies designed to reliably predict and identify future violence risk to be targeted by preventive intervention, and research issues and emerging strategies in the application of empirical methods to forge specific advances in preventive intervention strategies themselves.     

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.     

Penalizing women’s fear: intimate partner violence and parental alienation in Canadian child custody cases

ABSTRACT

This paper explores Canadian family law cases involving claims of parental alienation and of family violence from 2014–2018, reporting the data on these claims, their resolution, and their impacts upon custody and access. A close reading of those cases where both alienation and intimate partner violence claims are made reveals troubling patterns in how intimate partner violence is discounted in this context. We suggest that the rise of shared parenting as a dominant norm assists in understanding why alienation has achieved such unquestioned status, and call for greater focus on safety and women’s and children’s voices.     

Procedural justice and parents' satisfaction in a field study of child custody dispute resolution

The relative importance of procedural and distributive factors for satisfaction was tested in a field study of 71 couples who were randomly assigned to mediate or litigate their child custody dispute. Multiple regression analyses showed that procedural factors (decision control and respect) and distributive factors (feeling of winning what one wanted) were equally influential for parents' satisfaction as a group. However, the relative importance of procedural fairness and outcome favorability differed depending on disputant gender, favorability of outcomes, and level of conflict in the relationship. Support was found for Tyler's (1989) assertion that the specific procedural factor of decision control is especially important in dispute resolution settings. However, contrary to expectation, decision control was relatively more important to satisfaction in mediation than in litigation. It is suggested that the type of allocation setting may not be as influential for satisfaction as participants' status in the proceedings and their perceptions of the level of conflict.     

Ethical issues in child and adolescent forensic psychiatry: a review

Ethical challenges in child and adolescent forensic psychiatry arise, on the one hand, from the dilemmas commonly faced in forensic psychiatry with adult patients, such as the dual role of the forensic psychiatrist, questions of criminal responsibility, autonomy and competence and involuntary treatment, and, on the other, from the immaturity and dependent position of the minor. Child and adolescent forensic psychiatry deals with minors involved in crime, not only as offenders, but also as victims. In this review, we attempt to describe ethical challenges in child and adolescent psychiatry using as a frame of reference the principles of biomedical ethics according to Beauchamp and Childress.     

Definitions and terminology regarding child alignments,estrangement, and alienation: A survey of custody evaluators

Parental alienation (PA) is a highly consequential family dynamic that causes harm to children and parents. While many mental health and legal professionals agree that PA is common and potentially very harmful to children, there is still the appearance that there is controversy and discord in the field. The purpose of this study was to test the extent of consensus in the field regarding the basic tenets of PA theory. Specifically, 11 key terms related to PA were identified through expert input and preliminary field-testing. An on-line survey was created specifically for the study to assess level of agreement with these key terms among custody evaluators. This profession was selected because of their high degree of training and experience with a variety of family conflict situations; 119 child custody evaluators selected as members of a professional custody evaluator listing (88% response rate) rated their endorsement of these 11 key definitions with response options including: strongly agree, agree, neither agree nor disagree, disagree, and strongly disagree. Results revealed that roughly 80% of respondents agreed or strongly agreed with each of the 11 definitions. These results demonstrate a high degree of consensus and should guide future trainings of legal and mental health professionals to ensure a common language and understanding of this phenomenon.     

Methodological and ethical issues in child abuse research

The child abuse literature was surveyed but found lacking in analyses of fundamental ethical and procedural issues. The present paper, supported by a review of the relevant research, explores the problems surrounding the definition of physical child abuse, the gender and recruitment of subjects, the use of informed consent and deception, and the problem of maintaining confidentiality in this area. Greater detail in reporting of methods employed by researchers is recommended as an important first step to expanding discussion of these issues.     

公共安全问题与战略应对

公共安全乃国之大计.它是国家性质的本质要求,执政为民的重要工作,以人为本的重要内涵.我国正处于并将长期处于经济与社会全面、深度转轨的重要时期,也是突发公共事件高发和社会风险加剧的特殊时期.而目前我国公共安全保障基础却相对薄弱,与经济快速发展的矛盾越来越凸显,严重影响和制约了社会经济全面、协调和可持续发展.在这样复杂的背景下,我们要从战略高度出发,全面落实科学发展观,优化公共治理结构,健全公共危机管理体制,完善危机管理运行机制,加快危机管理法制建设,提高应对公共安全问题的能力.     

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.     

Police custody: deaths and medical attention

Information was obtained from all the county constabularies regarding deaths and medical attention given to those in police custody. It was presumed that this information covered all deaths in custody in Denmark during the period 1981 through 1985. There is no apparent increase in the absolute number of deaths during detention during the period 1969 through 1985. The number of deaths occurring in custody in relation to the annual number of persons incarcerated has fallen during the period 1955 through 1985. Simultaneously, a marked rise has occurred in the number of persons held in police custody. During the period 1981 through 1985, 7.9 persons were incarcerated per 1000 population per year. One homicide and nineteen other deaths occurred. The most frequent cause of death was asphyxiation as a result of aspiration of gastric contents during alcohol intoxication, drug poisoning, and intracranial hemorrhage. A physician had been consulted but had not diagnosed the seriousness of the condition in 42% of the deaths. All the deceased were men, and all suffered from the effects of social, psychiatric, and physical diseases. The lethality evaluated from hospitalized clients with the same type of life-threatening conditions was found to be 25%. A discussion is presented of the costs which will be incurred if a large group of those kept in police custody were admitted to hospital. Similarly, changes in the present arrangements are suggested that could ensure a greater certainty of avoiding deaths in detention.