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.     

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.     

Play by the Rules: why States Should Adopt Uniform Court Rules for Forensic Psychologists in Child Custody Evaluations

It is not uncommon for children to fall victim to the stress and tension of a contentious custody dispute. If a party seeks a mental health evaluation and the opposing party challenges the results, the child then endures a series of evaluations until a valid report is produced. The court will often remedy this situation by appointing a neutral forensic psychologist to perform the evaluation independent from a previous party‐hired forensic psychologist. 1 This Note proposes that the court instead appoint the forensic psychologist first to conduct an evaluation and draft a report. Only at the judge's discretion may the parties hire a private forensic psychologist to challenge the report. Additionally, states should codify court rules that enumerate standards for forensic psychologists in child custody evaluations. These rules should set forth criteria that shall be required and highlighted throughout each mental health evaluator's report, allowing judges to compare and contrast each evaluation more effectively. This legislation will not only reduce the child's exposure to excessive testing, but will also provide a more efficient way of arriving at a just result.     

Using Rule 11 Sanctions to Punish Accusers Who Make False Allegations of Child Sexual Abuse in Custody and Divorce Cases

False claims of child sexual abuse negatively affect the accused parent and the child. Such false claims can be used to sway custody determinations and cause frivolous applications to the court. This Note proposes that courts impose sanctions, comparable to those set forth in Rule 11 of the Federal Rules of Civil Procedure, on litigants who make false claims of child sexual abuse.     

The Views of Psychologists,Lawyers, and Judges on Key Components and the Quality of Child Custody Evaluations in Australia

This study aimed to understand the expectations of and the agreement between professional groups regarding the quality of single‐expert reports written by psychologists (known as child custody evaluations in the United States). 13 psychologists, 18 family lawyers, 26 children's lawyers, and 8 judges (N = 65) in New South Wales, Australia, rated the overall quality of reports and the quality of various components of them. Interprofessional congruence on importance ratings allowed key components to be derived. The results revealed that the overall quality of reports was rated positively, however, significant discrepancies were found between importance and quality ratings on the various components, indicating that reports fall short of expectations in many areas.     

Crossover Cases of High‐Conflict Families Involving Child Protection Services: Ontario Research Findings and Suggestions for Good Practices

Child protection services (CPS) are increasingly becoming involved in high‐conflict separations and the related custody and access proceedings. CPS involvement is often necessary to respond to abuse or neglect allegations or protect children from emotional harm. However, these crossover cases are very challenging for family justice professionals. This article reports on research on crossover cases in Ontario, including an analysis of reported court decisions, a survey of CPS staff, and interviews with family justice professionals. We suggest clearer CPS policies; improved understanding of respective professional roles; CPS summary reports for family courts; increased interagency coordination, communication, and training; and use of judicial case management.     

Maintaining the Legal Status of People with Intellectual Disabilities as Parents: The ADA and the CRPD

People with intellectual disabilities face proceedings to terminate their parental rights with disturbing regularity, with protecting the interests of offspring the primary justification. Although protecting children from harm is surely critical, these termination proceedings involve problematic assumptions about how fitness to parent is understood, how parenting is legally constructed, and what nondiscrimination requires for parents with intellectual disabilities. Using Article 12 of the Convention on the Rights of Persons with Disabilities as a model, it suggests two alternatives to the all‐or‐nothing termination processes in place today that might better realize the enjoyment of legal capacity as parents on an equal basis with others for people with intellectual disabilities: limited terminations analogous to limited guardianships and supported parenting along the lines of supported decision making proposed in the CRPD.     

The detection of deception with the reality monitoring approach: a review of the empirical evidence

One of the verbal approaches to the detection of deceit is based on research on human memory that tries to identify the characteristics that differentiate between internal and external memories (reality monitoring). This approach has attempted to extrapolate the contributions of reality monitoring (RM) research to the deception area. In this paper, we have attempted to review all available studies conducted in several countries in order to yield some general conclusions concerning the discriminative power of this approach. Regarding individual criteria, the empirical results are not very encouraging: few criteria discriminate significantly across studies, and there are several variables that moderate their effect. Some of the contradictory findings may have emerged because of differences in the operationalizations and procedures used across individual studies. However, more promising results have been reported in recent studies, and the approach as a whole appears to discriminate above chance level, reaching accuracy rates that are similar to those of criteria-based content analysis (CBCA). Some suggestions for future research are made.     

‘Supportive Parenting’, Responsibility and Regulation: The Welfare Assessment under the Reformed Human Fertilisation and Embryology Act (1990)

Section 13(5) of the Human Fertilisation and Embryology Act 1990 requires fertility clinics, before offering regulated treatment services, to take account of the welfare of any child who may be born as a result of the treatment and any other child affected by that birth. This paper presents the findings of an empirical study examining the impact on practice of the controversial reform of this section in 2008. While the broad values underpinning section 13(5) appear well embedded in clinic staff's engagement with ethical issues, there is little evidence that practice has been influenced by the 2008 amendments. A complex picture emerged regarding the implementation of section 13(5), particularly in its interaction with other factors, such as funding criteria and professional norms around counselling, implying a higher level of ongoing attention to likely parenting ability – particularly that of single women – than might be expected from a reading of the statute and guidance alone.     

Severe personality disorder,treatment engagement and the Legal Aid,Sentencing and Punishment of Offenders Act 2012: what you need to know

Empirical research has demonstrated a link between legal coercion and treatment engagement following conviction among those with severe personality disorder. Legal coercive pressures were often applied by the Indeterminate Sentence for Public Protection (IPP), until it was replaced by the Extended Determinate Sentence by the Legal Aid, Sentencing and Punishment of Offenders Act 2012. In this paper, it is proposed that use of the new determinate sentence will lessen motivation for treatment engagement. One effect of treatment refusal may be greater reliance by the Secretary of State for Justice on his jurisdiction to transfer prisoners due for release to secure hospital transfers under the Mental Health Act 1983. Not only will this risk posturing undermine the principal aim of the Offender Personality Disorder Implementation Pathway to improve treatment engagement among the target group, it will also have negative implications for medical practitioners working in secure forensic hospitals. To demonstrate what is at stake, the paper briefly recapitulates empirical findings familiar to readers of the journal, before drawing on original unpublished data.     

Searching for the origin of Romanies: Slovakian Romani, Jats of Haryana and Jat Sikhs Y-STR data in comparison with different Romani populations

Haplotype frequencies for 11 Y-STR markers (DYS19, DYS389I, DYS389II, DYS390, DYS391, DYS392, DYS393, DYS385, DYS437, DYS438 and DYS439) in a Romani population (n=63) from Slovakia, Jats of Haryana (n=84) and Jat Sikhs (n=80) from India were determined. The Slovakian Romani, the Haryana and Sikh populations were endogamous based on their unique haplotype ratio and haplotype diversity values, although the Sikh population appeared to be more diverse. AMOVA revealed non-significant differences between the Romanies and significant differences with non-Romani populations. The Macedonian Romani population differed from all Romani populations examined. Frequent haplotypes observed in Romani populations were sporadic in northwest Indian populations. Thirteen out of 316 populations worldwide were found to share the six most frequent haplotypes of the Slovakian Romanies when the screening conditions were narrowed based on the population size to be over 40, the occurrence of the haplotypes was more than one and the sum frequencies of the most frequent haplotypes was at least 0.02. The most common haplotypes were also observed in other Romani groups. When searching with two Indian (Malbar and Malaysian Indian) most frequent haplotypes under the same conditions matches could be detected in all Romani populations except for the Macedonian Romanies. The search with the Jat Sikhs and Jats of Haryana most frequent haplotypes resulted no matches in Romani populations.