Evaluating the Probative Value of Child Custody Evaluations

It has previously been argued that a competent forensic work product is defined, in part, by the evaluator's use of conventional forensic methods and procedures applied to child custody evaluations (Gould, 1998) and that the more judges and other legal professionals understand about forensic methods and procedures, the better they are able to critically weigh the substance and merit of a child custody evaluation (Gould & Bell, 2000). These forensic methods and procedures have their foundation in the behavioral sciences and are characteristic of competent and comprehensive forensic evaluations conducted for other legal purposes. In this paper, we provide a more detailed model for critiquing the forensic competence of a child custody report. Such a model better assists courts and lawyers in understanding how to assess the substance and admissibility of custody reports.     

Chapter 10: International Child Custody and Abduction Cases

This chapter will familiarize judges in the U.S. with the state and federal law applicable to international child custody, visitation and abduction disputes. These laws are UCCJA s? 23, the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), and the International Child Abduction Remedies Act (ICARA). When a custody order from a foreign country is presented for recognition and enforcement, UCCJA § 23 controls. If notice and opportunity to be heard were given to all affected persons, state courts are to enforce foreign custody decrees. When a petition is filed seeking the prompt return of a child to another country based on allegations that the child's removal or retention was wrongful, the Hague Convention and ICARA govern. If the child's removal or retention is wrongful within the meaning of the Convention, and no exceptions to return are proved, a court in the U.S. must order the child's return forthwith. A return order is not a decision on the merits of custody.     

Common Misconceptions in Addressing Domestic Violence in Child Custody Disputes

Domestic violence has been recognized as an important factor to consider in determining the best interests of children in custody and visitation disputes. However, there remain many misconceptions about the extent and impact of domestic violence in child custody proceedings. Several misconceptions are identified and juxtaposed with the reality of emerging knowledge in this field, and implications are outlined. These issues are illustrated by the perspectives of 62 women victims and 95 children exposed to domestic violence who had to navigate the justice system after separation from an abuser. Recommendations are offered for enhancing professional education, resource development, and collaboration among courts and community service providers.     

Comment on Parkinson and Cashmore's (2015) Research and Proposal for Reforming Child Custody Relocation Law: Child Custody Evaluator and Psychological Perspecitve

Parkinson and Cashmore ( 2015 ) described their innovative, qualitative, and longitudinal research program on the experience of Australian families involved in relocation family law litigation. This constructive comment discusses the value and limitations of their main findings. Parkinson and Cashmore's approach is contrasted with the excellent quantitative research on the effects of residential mobility on children of divorce. The author disagrees with Parkinson and Cashmore's position of opposing the use of relocation factors in statute and/or case law so as to not hinder the exercise of judicial discretion any further, but agrees with their integration of the least detrimental alternative concept into a relocation analysis.     

Relocation Issues in Child Custody Evaluations: A Survey of Professionals

We report on a sample of 90 child custody evaluators in the United States, who completed an online questionnaire on their attitudes and beliefs in child custody relocation cases. Findings indicated that the vast majority of participants relied on relevant professional literature and utilized a relocation risk assessment forensic model. Participants found many risk, protective, and specific relocation factors important, but the triad of past parental involvement, support for the other parent, and child's age were afforded the most importance. Participants also reported that the moving parents sought relocation for educational/vocational reasons, to receive support of their extended family, or to remarry, while the nonmoving party most commonly opposed relocation due to fears of interference/damage to the nonmoving parent–child relationship, restrictive gatekeeping, and alienation. A common trend among participants was concerns over the possible detrimental impact of any relocation on the nonmoving parent–child relationship and quality of co‐parenting. The vast majority of participants reported that they made specific recommendations to the court about relocation, and the court agreed with their recommendation the overwhelming majority of the time. We discuss Implications of the findings as well as areas needing further research.     

SECOND OPINIONS An Ethical and Professional Process for Reviewing Child Custody Evaluations

When a parent is dissatisfied with the outcome of a child custody evaluation, he or she is tempted to discredit the evaluation. This article addresses many issues associated with the review of child custody evaluations, in particular, the professional and ethical obligations of the reviewer to maintain a neutral, objective position throughout the review process.     

Chapter 8: Enforcing Child Custody Determinations under the UCCJA and the PKPA

This chapter explains the duties to enforce child custody determinations made by another state consistently with the UCCJA and PKPA. (Enforcement of foreign custody decrees is the subject of Chapter 10).     

Breaking The Cycle Of Intergenerational Child Maltreatment: A Case For Active Efforts For Dependent Minor Parents And Their Children In State Custody

Dependent minor parents placed in foster care with their children often face significant hurdles. These parents are responsible to make caregiving decisions for their children, while they themselves fall under the caregiving responsibility of the state child welfare system. As such, dependent minor parents live in a “twilight zone” – they hold full parental rights, but limited rights as teenagers. For a number of reasons, the children of minor parents in foster care often come into state custody. When two generations are in foster care at the same time, states must balance the safety and best interests of the children with the rights of minor parents to care for their own children. Currently, the state child welfare system is only required to provide “reasonable efforts” to reunify parents with children when they have been removed from their care for abuse, neglect, or dependency. However, dependent minor parents in state custody often require more supportive services in order to successfully reunify with their children than in a typical child welfare case. This article places the circumstance just described in the context of dependent minor parents’ constitutionally protected rights, and advocates for a higher standard which would require states to provide “active efforts” to protect and preserve these young families.