Décision judiciaire

Résumé

Best practice requires that child custody evaluations (CCEs) incorporate multiple methods to sample varied sources. The family law literature is replete with discussions of four common methods of inquiry: interview, observation, review of historical documents, and the use of psychometric tests and inventories. This article defines questionnaires as a fifth method of child custody data collection that is as ubiquitous in practice as it is neglected in the literature. We define questionnaires as a valuable and unique means of collecting child custody data distinct from but complementary of these other four avenues of inquiry. Questionnaires can be critical means of collecting at least six distinct types of data: demographics, history, opinions and priorities, behavioral self-reports, perceptions of others, and for the collection of third party and collateral data. This article defines questionnaires as a unique data collection method and discusses their use in CCEs. A preliminary survey of child custody evaluators’ use of questionnaires is discussed. Results find that the evaluators sampled routinely use questionnaires and find them helpful. Recommendations are offered regarding the effective use of questionnaires during a CCE. Evaluators are urged to routinely incorporate CCE questionnaires in the interest of standardization, time and cost-efficiency.  

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It has been 14 years since Tippins and Wittmann (2005) voiced concern for the overreaching role the expert may play in matters of family law. This article sets their levels of inference within the context of the culture of both law and social science. We examine how inferences are impacted by the relative emphasis child custody experts give to the five stakeholders involved in child custody evaluations (CCEs): courts, lawyers, parents, children, and professional governing bodies. Acculturation of the assessor to law contributes to more egregious inferences, versus the more modest ones Tippins and Wittmann advocated. How evaluators prioritize stakeholders shapes their opinion and methodology. We offer an expanded perspective that views how their levels of inference are manifest in reports, methodology, and recommendations and the influence of the culture of law and the mindset of the clinician. We hope to encourage clinicians to find ways to operationalize clinical humility, assume their proper role, and remain true to their master identity as licensed mental health professionals and their proper sphere of authority.

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The ways in which postseparation parenting disputes are managed has undergone significant change in Australia since the Family Law Act (Cth) was first enacted in 1975. The best interests of children have always been paramount in children’s cases and over the last 20 years, this concept has been legislatively shaped to include ongoing beneficial post separation parental relationships and protection from harm. A critical piece of evidence to inform a Family Court’s decision making in such matters is a family report, which is an expert assessment compiled by a social science professional. The authors report findings from an Australian based qualitative study exploring the experiences of family report assessment practice from the perspective of victim mothers who have separated from men who perpetrate intimate partner violence. The authors conclude that reforms are necessary to improve the practice and procedure of family report writing in Australia. Such reforms should ensure that the lived experience of victims of intimate partner violence is validated, assessment processes have victim efficacy, and the outcomes of such reports do not put women and their children at ongoing risk of harm.

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Family reports are critical documents in family parenting cases.They are often the only social science information available to the judge, the lawyers and the parties. They are influential in judicial decision-making and out-of-court negotiations. Despite their importance there has been little direct research about the quality and impact of family reports in Australia. It is also known that family violence is a common occurrence in parenting cases that progress to litigation, and therefore the kinds of cases in which family reports are ordered, but again this is an under-researched issue.This article presents foundational information about the existing research to identify what is known about family reports and family violence. It examines the legislative framework for family report writing and analyses the official guidelines and documents and informal information that provide context to this work. It considers what family report writers need to know and understand about family violence to write reports that deal appropriately with family violence and make safe recommendations. Australian and international research on family violence, its impact on parenting, its role in family law proceedings and its influence in family report writing is reviewed.The article concludes that Australian research in this area is required to contribute to improved practices in family reports.

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The article explores the ways to attorneys and mental health professionals in which they may assist parents who are engaged in the child custody evaluation process in the U.S. Topics discussed include purpose of a child custody evaluation; use of a forensic psychological evaluation of clients; and attorneys' ethical responsibility to help their client in preparation for trial. It also discusses assumptions made by attorneys to parent/litigant relationships.

Résumé

The purpose of this paper was to assess whether the criteria that have been developed by mental health professionals to judge the quality of child custody reports matches the criteria employed by members of the legal profession. The paper reviews the literature on the standards that have been developed to assess the quality of child custody reports and compare it to the criteria used by attorneys and judges. The broad criteria used by mental health professionals in assessing the quality of child custody reports mostly matches those employed by judges and attorneys.There is limited research that focusses on a detailed, qualitative analysis of each component of a child custody report. Is it essential that a qualitative analysis of child custody reports be performed because it would impact on how professional approach such evaluations. Having research focussing on a detailed qualitative analysis of child custody evaluations may enhance the quality of such products.

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Over the past several decades, empirical research on psychological evaluations in family law proceedings has identified strengths and weaknesses in this important area of assessment (Bow, 2006; Saini, 2008). This systematic review aims to provide a current and comprehensive summary of empirical research findings on psychological evaluation practice. Twenty studies published from 1997 to 2013 in North America were included from a systematic literature search and analyzed in detail. Results are presented for a number of evaluation-related parameters, such as the kind of mental health professional evaluating, the assessment methods applied in evaluation practice, evaluator’s recommendations, and mental health characteristics of the evaluated families. Results are displayed both for evaluations in cases of child custody and visitation rights and for evaluations in cases of termination of parental rights. Current strengths and weaknesses in evaluation practice and evaluation research are discussed. Recommendations for practice and future research are considered.

Résumé

This study surveyed 213 experienced child custody evaluators utilizing the same questionnaire in the Ackerman & Ackerman 1997 and Keilin & Bloom 1986 studies. Demographic information, evaluation practices, custody decision-making, and recommendations were surveyed. Comparisons were made across all three studies to identify the similarities and differences in child custody evaluation practices over the past 20 years. This study added questions about risk management and ethical issues, and current practices in placement/access schedules. The reader is advised that not engaging in the practices performed by a majority of psychologists could result in a difficult testimony experience.