Ethical and professional considerations in divorce and child custody cases.

The provision of psychological (e.g., psychotherapy, coparenting, mediation, collaborative divorce, child custody evaluation) services for families of divorce are growing specialties for many clinical and forensic psychologists. However, practice in domestic relations psychology, such as divorce and custody assessment and testimony, is a high-risk venture for incurring ethics complaints and law suits. The lead article and the three commentaries that follow enumerate the various roles practitioners might play, clarify how each role requires specific skill sets that may be outside one’s particular competence and necessitate additional training, describe how countertransferential issues arise, urge meticulous record keeping, discuss some of the subtleties of confidentiality and the releasing of information, describe how transparency in clarifying expectations leads to a lowering of contentiousness, and provide tips for divorce and forensic practice. The special challenges associated with psychologists being tempted to move beyond their role on a case and those of particularly high-risk situations (e.g., complaints of child abuse or domestic violence) are also discussed. Suggestions are offered to help psychologists better serve the public while taking steps to better inoculate themselves from complaints. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

The real numbers: Psychological testing in custody evaluations.

A reanalysis of M. J. Ackerman and M. C. Ackerman's (1997) figures on the frequency of use of psychological tests with adults and children in custody evaluations was undertaken. The analysis revealed that, contrary to widely held opinion, nothing approaching a standard of practice for test use in custody evaluations exists other than an estimated 84% frequency of use of the Minnesota Multiphasic Personality Inventory in the assessment of adults. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child custody cases: A content analysis of evaluations in practice.

Guidelines for custody evaluations recommend multiple ways for assessing the parent-child relationship and outline appropriate means of assessing special issues such as domestic violence, child abuse, and substance use. However, little is known about the implementation of these guidelines in practice. This study examines 60% of custody evaluations in one circuit court over a 2-year period. Custody evaluations were examined for adherence to guidelines and for differences based on evaluator training. This analysis suggests much variety in techniques used and a lack of consistency between guidelines and clinical practice. The findings suggest a need for more standardized approaches to conducting custody evaluations as well as the assessment of domestic violence, child abuse, and substance abuse. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Legal standards, expertise, and experts in the resolution of contested child custody cases.

The authors critically evaluate the roles of forensic practitioners and psychological researchers in determinations of the best-interest-of-the-child standard (BICS) in child custody disputes. The authors examine (a) the existing empirical research on the adjustment of children of divorce, (b) the current forensic practice of mental health practitioners, (c) the standardized forensic assessment instruments available, and (d) the ethical dilemmas faced by mental health practitioners who work in this area. On the basis of their analysis, the authors argue that current evidence does not support most of the "expert testimony" proffered by mental health practitioners to the court. As a consequence, they posit that the BICS does not reflect either the needs of the legal system or the expertise of the psychological profession, and that the least detrimental alternative to the child standard more accurately meets the needs of both fields. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Review of Conducting child custody evaluations: A comprehensive guide.

Reviews the book, Conducting child custody evaluations: A comprehensive guide by Philip Michael Stahl (see record 1994-98484-000). In this book, the author details how the courts benefit from custody evaluations, how the family benefits, when evaluations could actually be harmful, and offers some particularly unique and useful suggestions on evaluator biases. He brings up the interesting issue of who is the real client/consumer. He understands that the client really cannot be the child independent of his/her family, even though we all mourn the cliche, "best interests of the child," as if this phrase were some operationally clear "guideline." A main author bias is "the best parenting is achieved with two parents" (p. 25). There is at least some research evidence (and clinical experience) that would dispute this in more cases than the author might care to acknowledge. A second bias is that children must perceive that their parents can develop a post-divorce relationship free of hostility in which each parent is a champion for the other. Stahl displays a keen understanding of the dynamics of the post-divorce world. In his heart, he seems more a therapist than an "objective evaluator" and harbors a strong bias to help people move productively through the crises that are everywhere in evidence in post-divorce situations. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Assessment of sexual abuse allegations in child custody cases.

Family courts frequently rely on the expertise of mental health professionals to assess allegations of sexual abuse within the context of child custody evaluations. Such evaluations are complex and require knowledge of techniques used in sexual abuse and sexual offender evaluations, as well as knowledge of child custody practices. Preliminary findings from a national survey of 84 psychologists indicated that respondents tend to adhere to the child custody guidelines of the American Psychological Association. However, few practitioners followed formal models, protocols, or guidelines when evaluating alleged victims or alleged perpetrators of sexual abuse in conjunction with child custody disputes. Implications for professional practice are discussed, along with a proposed comprehensive model for assessing sexual abuse allegations in child custody cases. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Psychologists' current practices and procedures in child custody evaluations: Five years after American Psychological Association guidelines.

What is the current state of professional practice among child custody evaluators, and how congruent is current practice with the 1994 American Psychological Association (APA) "Guidelines for Child Custody Evaluations in Divorce Proceedings" (APA Guidelines; APA, 1994)? A national survey of 198 psychologists revealed a high degree of training and experience among respondents and an increased understanding of procedural issues. Evaluators reported using multiple sources of data collection, critical decision-making skills, and knowledge of ethical, legal, and risk management issues. Overall, child custody evaluations appear to have become more sophisticated and comprehensive during the past 15 years, with current practices and procedures adhering to APA Guidelines. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Informed consent in capital sentencing evaluations: Targets and content.

Far-reaching implications are associated with psychological evaluation procedures in capital cases. The gravity and complexity of evaluations in a death penalty context call for an expanded perspective on informed consent disclosures from psychologists who perform capital sentencing assessments. A rationale is presented for making defense counsel the primary target for these expanded informed consent procedures. Informed consent obligations of prosecution-retained psychologists primarily involve issues of notice, with a proposal for proactive acknowledgement of limitations in the evaluation procedures. Issues for informed consent discussion between defense-contacted psychologists and defense counsel include attitudes, theoretical perspectives, and professional history of the psychologist; logistics of the evaluation; and parameters and procedures of the evaluation. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child custody mediation and litigation: Custody, contact, and coparenting 12 years after initial dispute resolution.

Long-term follow-up data were obtained on families who had been randomly assigned to mediate or litigate their child custody disputes. In comparison with families who litigated custody, nonresidential parents who mediated were more involved in multiple areas of their children's lives, maintained more contact with their children, and had a greater influence in coparenting 12 years after the resolution of their custody disputes. The increased involvement of nonresidential parents who mediated did not lead to an associated increase in coparenting conflict. Parents who mediated also made more changes in their children's living arrangements over the years. For the most part, the changes apparently reflect increased cooperation and flexibility. Satisfaction declined for parents (especially fathers) in both groups over time, but fathers remained much more satisfied if they mediated rather than litigated custody. Few differences in satisfaction were found between mothers in the 2 groups. The 12-year follow-up data indicate that, even in contested cases, mediation encourages both parents to remain involved in their children's lives after divorce without increasing coparenting conflict. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child adjustment in joint-custody versus sole-custody arrangements: A meta-analytic review.

The author meta-analyzed studies comparing child adjustment in joint physical or joint legal custody with sole-custody settings, including comparisons with paternal custody and intact families where possible. Children in joint physical or legal custody were better adjusted than children in sole-custody settings, but no different from those in intact families. More positive adjustment of joint-custody children held for separate comparisons of general adjustment, family relationships, self-esteem, emotional and behavioral adjustment, and divorce-specific adjustment. Joint-custody parents reported less current and past conflict than did sole-custody parents, but this did not explain the better adjustment of joint-custody children. The results are consistent with the hypothesis that joint custody can be advantageous for children in some cases, possibly by facilitating ongoing positive involvement with both parents. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Deeper into divorce: Using actor-partner analyses to explore systemic differences in coparenting conflict following custody dispute resolution.

Divorce is an inherently interpersonal experience, yet too often adults' reactions to marital dissolution are investigated as intrapersonal experiences that unfold outside of the relational context in which they exist. This article examines systemic patterns of interpersonal influence between divorced parents who were randomly assigned to either mediate or litigate a child custody dispute in the mid-1980s. Reports of coparenting conflict and nonacceptance of the divorce were assessed 5 weeks after the dispute settlement, 13 months after the settlement, and then again 12 years later. One hundred nine (N = 109) parents provided data over this 12-year period. Fathers reported the highest initial levels of conflict when their ex-partners were more accepting of the divorce. Mediation parents reported decreases in coparenting conflict in the year after dispute settlement, whereas litigation parents reported increases in conflict. Litigation parents evidenced the greatest long-term increases and decreases in coparenting conflict. Mediation is a potent force for reducing postdivorce conflict, and this article highlights the usefulness of adopting a systemic lens for understanding the long-term correlates of marital dissolution. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Review of Introduction to psychology and law: Canadian perspectives.

Reviews the book, Introduction to psychology and law: Canadian perspectives by Regina A. Schuller and James R. P. Ogloff (see record 2001-06385-000). The book begins with an introduction by the editors underscoring the breadth of applications of psychology in legal forums and describing the well-known history of this field, along with the inevitable tension that exists between the disciplines of psychology and law. Standard ethical issues facing psychologists in this intersection are also explored. The introduction is followed by a chapter by Gordon Rose, which gives a ready overview of the Canadian legal system and typical procedures in criminal and civil actions. This information is an essential foundation for understanding the environment into which psychology must fit. The subsequent 12 chapters are collected in three sections relating to criminal procedure, forensic clinical psychology, and forensic civil psychology. Most chapters begin with a Canadian case vignette and conclude with four discussion questions that arise from the chapter material. These questions will be very useful as a regular component of class participation. This book presents a balanced balanced mix of experimental and clinical psychological information to be applied to the law covered by the text. With few exceptions, such as in the case of young offenders issues, the range of topics covered is adequate. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

A review of the practice and science of child custody and access assessment in the United States and Canada.

Many psychologists in the United States and Canada provide child custody and access (C&A) assessments as part of their clinical services. There are guidelines based on ethical standards that inform this specialization, which include the recommendation that providers be familiar with the empirical bases of their work. This article provides an overview of guidelines, the assessment process, and the empirical basis for C&A assessment. Although there is limited evidence of traditional standards of direct empirical utility of such assessments, there are relevant research areas that include the impacts of separation and divorce on children, family relationships, and coparenting processes. Each is critical to understanding children's welfare, a parent's capacity to act in the best interests of a child, and the coparenting environment that may follow separation and divorce. Given the importance of minimizing postdivorce conflict within a coparenting environment, the indirect scientific evidence that supports C&A assessment can also be used to pursue more amicable solutions through mediation and parent education. Although research is growing supporting these alternative practices as well as C&A assessment itself, much more is needed. Psychologists who offer these services will find this article to be a useful overview of current practice and science, and for those contemplating involvement in these services, the article highlights issues to be considered. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Review of Parapsychology: Science or Magic.

Reviews the book, Mental Disorder and Criminal Responsibility edited by Stephen J. Hucker, Christopher D. Webster and Mark H. Ben-Aron ( 1981). This book comprises a dozen papers, by judges, lawyers, psychiatrists, psychologists and a professor of English language and literature, all intended to elucidate the concept of criminal responsibility. The Editors' intent was to accomplish this by bringing together "the perspectives of all the professional disciplines whose specialties intersect in this area." Given that goal, the papers are a mixed bag. Three of them, written by members of the legal profession are thoughtfully cogent; the others make, at best, modest contributions and, at worst, add confusion to an appreciation of the issues. Achievement of the book's goals is impeded also, by the omission of several of the "professional disciplines whose specialties intersect in this area," notably philosophy, sociology, history and criminology. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Sexual Harassment and Social Justice: Reflections on the Distance Yet to Go.

Despite progress, protections remain inadequate for victims who bring legal claims of sexual harassment. The process for damages determination frequently increases harm and undercuts the policy initiatives enshrined in Title VII. The author critiques this process, focusing on misuse of psychological examinations and failure of the federal "rape shield" law to adequately protect plaintiffs. The author suggests possible reforms, including removing caps on Title VII damages, minimum awards (i.e., liquidated damages) upon proof of liability, and strategies for educating juries on the harms of harassment that do not exacerbate them, and concludes with a call for professional guidelines for conducting forensic evaluations in sexual harassment cases, thus advancing the policy goal of combating discrimination by encouraging victims to come forward. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Ethical Guidelines for Psychologist Participation in Death Penalty Proceedings: A Survey.

Many states are reinstituting the death penalty and are asking psychologists to participate in the sentencing process. In some states we are asked to predict whether the person is likely to be a continuing danger to society. In other states we are asked if there are any reasons why the person should not be put to death. The question remains as to whether we as a profession want to be used as "agents of the State" in criminal, especially death penalty, proceedings. The APA (1978) task force recommended that as protection from abuses, ethical guidelines be instituted for psychologists working in legal settings. The basic thrust of these guidelines is the ensure that mental health expert testimony is truly expert and rest of a scientific, empirical base. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Tearing the child apart: The contribution of narcissism, envy, and perverse modes of thought to child custody wars.

This article takes a psychoanalytic approach to questions usually considered to be matters of the family court system. The psychological effects of high-conflict divorce on children are well known, but what motivates their parents is less understood. Pathological narcissism, pathological envy, disavowal, and a perverse attitude toward reality can produce unending conflicts over visitation and custody. Fighting over seemingly insignificant matters can manage aggression and ward off psychic collapse. These families are frequently referred to coparenting counseling or psychoeducational groups; however, the author proposes that psychoanalytically oriented treatment can best address these parents' unconscious wishes to damage or destroy their own children and the perverse character structure that enables parents to negate their roles in tearing their children apart. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Parental gentle guidance and children's compliance within the family: A replication study.

In this study, the authors examined the link between young children's compliance and parental gentle guidance from a within-family perspective. Observational data from 57 families (mothers, fathers, and 2 siblings) participating in a family clean-up session were used to replicate earlier findings reported by B. L. Volling, A. Y. Blandon, and B. J. Gorvine (2006). Several of the results were replicated with the authors' older sample. Older siblings used more committed compliance and less passive noncompliance than their younger siblings. Mothers used more gentle guidance than fathers, but no differences were found in their parenting across siblings. Maternal and paternal gentle guidance interacted to explain younger siblings' committed compliance to the father and older siblings' situational compliance. For older siblings' committed compliance and both siblings' passive noncompliance, it was the direct effect of parental gentle guidance that was important. Differential parental gentle guidance appears to have a negative impact on older siblings' compliance. Results underscore the need to explore within-family processes to understand children's early compliance and internalization. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Protecting undergraduate volunteers: Balancing confidentiality with the duty to protect and/or warn.

Graduate programs often utilize undergraduates as volunteers for clinical assessment classes, potentially leading to difficulties regarding confidentiality, duty to protect, or duty to warn. For example, undergraduates are often guaranteed anonymity, yet should confidentiality be broken if students are deemed at risk? Our proposed solution both maintains the training experience for graduate students and protects undergraduate volunteers by including (1) an informed consent document with limits to confidentiality, (2) procedures should an emergency occur, (3) limitations on the hours and locations of assessments/scoring so faculty are available, (4) not allowing undergraduates to role-play, and (5) counseling services information for volunteers. (PsycINFO Database Record (c) 2010 APA, all rights reserved)     

Child custody mediation and litigation: An experimental evaluation of the experience of parents.

In this study, 40 pairs of separated parents were randomly assigned to attempt to settle their child custody dispute either in mediation or through adversary procedures. Outcomes of the two methods of dispute resolution were compared in regard to diversions from court, parents' evaluations of the court experience, and parents' psychological adjustment. It was found that mediation successfully diverted a significant number of families from the child custody hearing and that settlements were reached more quickly in mediation than in litigation. Fathers clearly prefered mediation, but between-groups differences generally were not large for mothers. Some differences found for mothers indicated favorable effects of mediation, but the women who went through litigation felt that they had won more and lost less relative to the mothers in mediation. Mothers in litigation also tended to report fewer depressed feelings than did mothers in mediation or fathers in either group. The custody mediation seems to have created excess psychological satisfaction compared with litigation. However, most of the psychological benefits were experienced by fathers who were likely to lose court custody battles. (PsycINFO Database Record (c) 2010 APA, all rights reserved)