Ethical Responsibilities in Child Custody Evaluations: Implications for Evaluation Methodology

Child custody evaluators frequently encounter 3 complex problems: (a) assessment of highly contested cases; (b) how to help the court, attorneys, and clients struggle with the ambiguity of the "best interest" standard; and (c) ethical issues in assessing the children's preferences for their primary custodial parent. The purpose of this article is to describe the methodological implications of recent custody evaluation guidelines and recent research. Recommendations include reliance on family-process oriented diagnostic approaches and functional assessment methods, use of evaluation methods in which relevant parties have an opportunity to state their views and rationale concerning the children's best interests, and understanding of the content areas relevant to assessing children's custodial preferences at different developmental levels.     

Innovative Approaches to Child Custody and Domestic Violence in New Zealand

Summary

In 1995, as part of a major review of domestic violence law, the New Zealand Parliament amended the legislation under which disputes about custody of and access to children are determined by the Court. Specifically, the amendment introduced a rebuttable presumption that a parent who had used violence against a child or against the other parent would not have custody of, or unsupervised access to the child unless the Court could be satisfied that the child would be safe during visitation arrangements. Three years after the implementation of this legislation, it is timely to reflect on the impact of this major domestic violence law reform initiative. Our findings indicate that there are indeed advances. Psychological violence is now clearly being considered when Courts are assessing the issue of children's safety. As well, the delineation of mandatory risk assessment factors has led many judges to see a continuum of power and control tactics as relevant in domestic violence related visitation proceedings; the previous emphasis on physical violence has given way to an analysis which more closely reflects accords with women's and children's realities of the abuse they are exposed to. Some of the old problems continue to exist despite the law changes. There are still recent cases where perpetrators of serious violence are awarded unsupervised access and where their violence continues to be construed as “out of character,” arising because of the perpetrator's “despair” about the breakdown of his relationship. These and other issues are discussed.     

Mothers' and Fathers' Gender-Role Characteristics: The Assignment of Postdivorce Child Care and Custody

Adults (151 female, 130 male; 17.4% African American/Black, 48% Caucasian, 22.8% Latino/Hispanic, 11.7% “other”) assigned postdivorce parental care and custody for four combinations of traditional/nontraditional mothers and fathers described in vignettes of divorcing parents. Parental gender characteristics influenced the assignment of parental care and child custody to divorcing mothers and fathers described in the scenarios and interacted with child gender. Across scenarios, female participants assigned more parental care and custody to mothers than did male participants. When feminine qualities were paired with masculine qualities, greater custody was assigned to the parent described with feminine characteristics (whether a father or mother) than when that parent was described with masculine characteristics. The role of feminine gender characteristics for child custody and care was discussed with regard to maternal primacy and possible changes for father involvement in the aftermath of divorce.     

Mental Disorders in Children and Parents in Family Law Proceedings: Cases on Child Protection Matters Versus Child Custody and Visitation Issues

Psychologists can contribute considerably to decision making in family law proceedings. The mental health of the parents and the children forms an important factor in psychological evaluation. It is the overall aim of this study to specifically examine the occurrence of mental disorders in evaluated family members in cases of termination of parental rights as opposed to cases of child custody and visitation rights. This data are based on 297 psychological evaluations completed between 2008 and 2012 at an evaluator association in Bremen, Germany. In this retrospective content analysis, evaluation reports were examined for indications of mental disorders in children, mothers and fathers. The data were assessed in bivariate analyses and logistic regression models. A total rate above 39 % indicates a comparatively high exposure to mental disorders of children and adolescents in this sample. A mental disorder of the mother and a mental disorder of the father occur significantly more often in cases of termination of parental rights than in cases of child custody/visitation rights. Children and adolescents who showed aggressive-dissocial behavior and aggressive-oppositional behavior were significantly more likely to be evaluated in legal issues of termination of parental rights as opposed to child custody/visitation rights. Restrictions in parental mental health and parenting capacity should be carefully weighed against restrictions in the mental health of the children and their developmental needs when conducting psychological evaluation.     

The Psychology of the Child at Geneva and the J. J. Rousseau Institute

In the present study, the authors investigated what prosocial-assertive, passive, and coercive strategies 6-year-olds (N = 257) would propose in response to stories about 2 socially challenging situations: displacing another child in a game and obtaining a toy from another child. The scenarios also varied the gender composition of the characters. Participants' verbalizations while acting out their responses using toy props fell into 13 categories of strategies. Teachers reported antisocial behavior and social competence of the participants. Girls and boys responded similarly in their general suggestions of prosocial or assertive strategies, but girls were more likely to offer prosocial strategies with other girls than with boys. Teacher-rated competence and antisocial behavior interacted in predicting coercive responses by girls but not by boys. The results demonstrate that prosocial and antisocial behaviors need to be considered in interaction to fully understand the nature of social competence.     

Examining Parental Alienation in Child Custody Cases: A Survey of Mental Health and Legal Professionals

An Internet survey was conducted to examine the views of mental health and legal professionals about parental alienation (PA) in child custody cases. Findings from 448 respondents revealed much awareness about the PA concept and controversies, along with the need for further research in the field. In general, respondents were cautious and conservative/moderate in their view of PA and very reluctant to support the concept of Parental Alienation Syndrome (PAS). Also, they did not view PAS as meeting admissibility standards. Respondents viewed domestic violence (DV) as an important issue to assess, although they did not usually find/suspect DV in such cases. Further, respondents varied according to professional role (evaluators, trial attorneys/judges, and court facilitators) on the relative importance attributed to various assessment factors. Moreover, evaluators' assessment procedures and the frequency of recommended interventions by trial attorneys/judges and evaluators closely paralleled those typically used in child custody cases. Results are compared to past literature in the field, with hopes of clarifying misconceptions.