Children need.
. . THIS? standards
and practices in chld custody evaluations
CHILD CUSTODY EVALUATORS:
IN THEIR OWN WORDS Therapeutic
jurisprudence study re guidelines and standards, research on efficacy and
outcomes of therapeutic jurisprudence in the family courts, assessment
of current practices of using custody evaluators, parenting coordinators,
mediators, guardians ad litem, other forms of alternate dispute resolution
in high-conflict child custody cases. Opinions of forensic parenting evaluators,
other child custody evaluators, and lawyers.
APA
Guidelines for Evaluating Parental Responsibility IMPORTANT NOTICE: here
ANOTHER IMPORTANT NOTICE here
parenting parenting
plan or time parental rights and responsibilities for
MAIN ARTICLE see here
AGENDAS:
Doubting
Child Sex Abuse Allegations
[ANONYMOUS LISTSERVE COMMENT]:
"...in my neck of the woods this is a fad whose impact peaked about
five years ago. At that time I would always have at least one case
I was working on that had vague allegations about possible sexual abuse.
At one point I was working on two cases simultaneously where there were
almost identical vague allegations made by people represented by the same
attorney. One local Family Court Judge addressed the local Family Law bar
and said that he was considering filing ethics charges against attorneys
who represented these types of allegations and the practice seems to have
slowed considerably since then. Now the new favorite allegation seems
to be domestic violence in the form of overcontrol and emotional abuse."
(New York doctorate-level MHP, December 29, 2005).
[ANONYMOUS LISTSERVE COMMENT]:
"In reviewing my posts and talking with some peers it seems to me
that a discussion of how parents inadvertently or intentional influence
children to believe they have been abused sexually and/or physically, and
if that abuse will subsequently translate into fear reactions at the mention
of the parent, and/or in response to the parent's impending or direct physical
presence may require my submission of a research paper on the matter to
a journal rather than posts to the list and evolving discussion. My interest
is in the following matters and I would appreciate any input regarding
them, including references, except in the area of suggestibility which
I think I know fairly well... " (California doctorate-level MHP, November
21, 2006).
Doubting
Women's Domestic Violence Allegations...
[ANONYMOUS LISTSERVE
COMMENT]: "I imagine this is not a very politically correct statement,
but IMHO, if a woman stays in an abusive relationship and/or does not report
the batterer to the police, she ipso facto has issues and should
be in tx." (California doctorate-level MHP, June 3, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "That's
further than I'd go, but I do think that both parents' issues need to be
assessed based on the potential impact on the children, and that this
should be the basis of treatment referrals/orders rather than an assessment
of blame for the problems in the parental relationship. I'd use the
same argument in an alienation case, i.e. that both the aligned and rejected
parents are often in need of treatment even if one bears more responsibility
for keeping the conflict going." (Another California doctorate-level
MHP, June 3, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "I
am always surprised to see how much alike the parents look - on the psych
tests - even when their presentation is different." (Yet another doctorate-level
MHP, June 3, 2001).
[ANONYMOUS
LISTSERVE COMMENT]: "80% of the men and 72% of the women REPORTED
abuse. That's similar to data from the California courts. According
to Kelly's data that she presented in Sonoma, most of the violence in separating
couples is common couple violence, not true battering. Most of them will,
as you state, end up with some form of custody, but they aren't necessarily
batterers. Also, the fact that people allege abuse doesn't mean it happened."
(California doctorate-level MHP, November 20, 2005).
[ANONYMOUS LISTSERVE COMMENT]:
"I'm involved in a case where I think an evaluator missed a case of
domestic violence because the victim came across more inappropriately in
interviews than the perpetrator did, which I believe is common and which
I believe the evaluator should have known. I'd love to have some authoritative
scientific and professional references in the literature to back up my
opinion that DV victims often appear histrionic or otherwise disturbed
while DV perps often look just fine, that anyone evaluating alleged DV
should know this, and that the evaluator should should have looked deeper
into the case. Any suggestions would be appreciated." (Missouri doctorate-level
MHP, March 17, 2007).
[No
MHP on the listserve responded. Two lawyers offered suggestions and research
citations, including to Lundy Bancroft
and an Hawaii government impact study on domestic
violence. By contrast, compare a situation in which there were numerous
responses, several excerpted here.]
and
DV advocates
[ANONYMOUS LISTSERVE COMMENT]:
"I've probably told these stories before, but... sexual abuse case,
many, many years ago, probably in the 1980s or maybe the very early 90s.
She had interviewed the child and said the child said on tape that her
father had abused her... When they were finally able to see the tape, what
she had written in the report was not in the tape. The child didn't say
what she wrote he had said. 2. In a divorce case, well after the stipulation
was signed, the woman discovered that the man had more money than she thought
he had so she wanted to reopen the case. She did this by claiming she had
been an abused wife and had signed the stipulation under duress.... ___
used this MMPI to argue that she had indeed been a battered wife. There
was no other evidence... Complaints were made by the clients to the APA
ethics committee in both cases but the APA establishment thought what she
did was just fine... And I'm sure you all know about the violence on Super
Bowl Sunday..." (Minnesota masters-level MHP, January 26, 2006).
...but
the MHP's Own Fears About Potential Violence and Perceived Threats Are
Justified
[ANONYMOUS LISTSERVE QUERY]:
"When doing a CCE you come to realize that one of the parties, if
they don't get what they want ie sole physical custody, etc, has the potential
to harm you or/and the other party. Nothing has been said, but your
experience alerts you to potential danger. Case may involve DV, ownership
of firearms, police record or gang related activity etc. which gives more
credibility to your fears. I would like to know how this has been handled
by other evaluators. How does it affect your recommendations? Do you withdraw
from the case? Do you refund money...?" (California doctorate-level
MHP FEMALE, January 17, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "I
trust my gut instinct when it comes to my safety. If I feel the situation
is unsafe... i make it safe. I terminate interviews, withdraw from cases
and do what is necessary. I rarely discuss it with the person making me
feel unsafe." (Florida doctorate-level MHP MALE, January 18,
2004).
[ANONYMOUS LISTSERVE RESPONSE]: "I
now have in my statement of understanding that if I feel violence risk
is present the parties agree to courtroom security and will pay for it."
(Colorado doctorate-level MHP MALE, January 18, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "How
do we examine potential dangerous in a custody litigant when our clinical
sense is... DANGER... how do we assess future dangerousness of a parent
who we believe might become violent upon publication of the report? What
steps do we take? How do we properly examine the situation? what variables
are relevant to examine? How do we check out our counter-transference issues..."
(North Carolina doctorate-level MHP MALE, January 20, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "when
does counter transference become life protection. don't mean to sound melodramatic.
ppl in most fields trust their instincts when it comes to protecting
themselves. Don't misunderstand. I am only talking about how to make
sure one remains safe not how one reports in a cce or other forensic evaluation...
when I feel unsafe I usually take precautions, whether this is in the custody
evaluation setting, at the mall, ordering fast food or at a sporting event."
(Florida doctorate-level MHP MALE, January 20, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "I
received my first bona fide death threat in a custody case last week...
I recognized the voice immediately... At first, I was unsure of how
fearful I should be but I admit having fantasies of explosions when
I started my car at the end of that day." (California doctorate-level
MHP MALE, January 21, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "Have
you notified the police?...Do you have an in-office alarm to the police?
Do you have a door peephole so that you can tell if the person is outside
before opening the door?..." (New Jersey doctorate-level MHP FEMALE,
January 21, 2004).
[ANONYMOUS LISTSERVE COMMENT
re being served with subpoena by a party's attorney's process server at
the MHP's home]: "After a few death threats and stalking incidents
openness to strangers at the doorstep disappears for me. The notion
of 'we know where you live' is a form of witness intimidation especially
when there is a history of intimidation, frivolous lawsuits, and chance
meetings in the community. I think all professionals should expect and
receive respect for the sanctity of one's domicile..." (California
doctorate-level MHP MALE, February 4, 2007).
[Given
some of the far-fetched and even paranoid fears of MHPs, one would think
they would have just a touch more respect, concern, and appreciation for
the fears of women who claim domestic violence and whom they expect to
be "friendly" "co-parents" in joint custody arrangements.]
False
Memory Theory
[ANONYMOUS LISTSERVE COMMENT]:
"Not only do the results fail to justify the conclusion, but the implication
of the results - namely, that false abuse memories are easily created -
is a misrepresentation of the data which is arguably unethical - which,
I understand, is why Loftus left APA before the ethical charges brought
against her reached a conclusion." (New Jersey doctorate-level MHP,
June 14, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "This
is quite typical of the Loftus et al. research pardigm. They use a subtle,
but sophisticated attempt to create false memories in their subjects. They
never are able to accomplish their goal in more than about 1/3 of their
subjects, then they try to apply their results to everyone. The more obvious
result is that despite sophisticated and subtle techniques, they are
unable to implant false memories in the vast majority of their subjects.
This is hardly good evidence upon which to base a model of memory that
posits "Memory is very vulnerable and malleable" and "The
frightening thing about this study is that it suggests how easily a false
memory can be created." What a crock." (Texas doctorate-level
MHP, June 14, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "I
went to Disney about a year ago and met many characters including Pooh,
Tigger, Eeyore, Mickey, Minney and Pluto (no Goofy that day unfortunately).
I am relatively certain of these facts, although I only have photographic
evidence of my (platonic) hug from Tigger. It is possible that Loftus et
al. could make suggestions such that I would beleive that I saw or met
Bugs Bunny or Goofy. I doubt, however, that she could have implanted the
memory that Bugs and Goofy had beaten and sodomized me while my wife was
off with the kids watching the afternoon parade." (Virginia doctorate-level
MHP, June 14, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "...if
only a third of all people are subject to being bamboozled by Loftus' techniques,
which third are they? Are they your witnesses, or the other side's
witnesses?" (New York doctorate-level MHP, June 14, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "If
the Loftus gang can get a false memory in as many as 1/3rd of their subjects,
I say 'Wow!'" ... I recognize Elizabeth Loftus as one of the leading
scientists in psychology." (Texas doctorate-level MHP, June 14, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "They
are able to create false memories in their subjects with very subtle methods.
These methods involve far less than happens in real cases in which therapists
create false memories of childhood abuse. In real cases, people are hypnotized,
put in recovered memory therapy groups, told they must not doubt their
new memories, told to read "The Courage to Heal," etc., etc...
" (Minnesota masters-level MHP, June 14, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "To
the polarized debaters of Loftus, et al. offering polemics and vitriol,
I say whoa. I obviously hit a raw spot, and the defenses have gone way
beyond my original criticism. I agree that she and those working in her
paradigm are consistently able to create false memories in 20-30% of subjects.
These are interesting findings, and of some value in forensics, interviewing
etc. However, when repeated, sophisticated, widely variable attempts to
produce an effect fail in the majority of your subjects, that calls for
an explanation. The last time I checked, and it has been a few years, no
one in the Loftus camp had attempted to explain, or even given much attention
to the resilience of memory when their own data begs for such discourse.
Also, her research has been used to impeach eyewitness testimony for years.
This is unfortunate because really the opposite should be the case. Since
she was unable to plant false memories in most of her eye-witness subjects,
it seems that witnesses shouldn't have to defend themselves regarding the
veracity of their memory, but rather, the side asserting that a memory
is false should have the task of proving such an extraordinary claim."
(Texas doctorate-level MHP, June 14, 2001),
[ANONYMOUS LISTSERVE RESPONSE]: "I
have been to several presentations by Dr. Loftus. She does not overgeneralize
her data nor does she claim that her experimental paradigms are isomorphic
with child sexual abuse situations. She does challenge us to consider how
these laboratory findings might or might not inform our judgement with
respect to allegations of sexual abuse." (Doctorate-level MHP, June
14, 2001.
[ANONYMOUS LISTSERVE RESPONSE]: "I
never said it couldn't be done. I have also evaluated quite a large number
of cases where children have made false accusations of abuse. I have
on several occasions been the one person in the system to identify such
false accusations." (Texas doctorate-level MHP, June 14, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "Frankly,
it strikes my very cynical side to ponder how, on the one hand, the discipline
strives after carefully collected observation, blah blah blah. But, then,
falls willing victim to, and publishes, argument based on fallacious reasoning."
(Doctorate-level MHP, June 14, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "Whether
one agrees with Beth Loftus' research or not, I think our responsibility
is to look at how she has moved the field forward, either through her research
or the debate it has generated. What more of a compliment to a researcher
than that she has made us think." (North Carolina doctorate-level
MHP, June 14, 2001). (How about "made us think correctly").
Taus
v. Loftus
[ANONYMOUS LISTSERVE COMMENT]:
"I'm posting an LA Times article about Loftus, her actions in a former
child custody case, and a CA
Appellate decision. I'm trying to find out if the currently "unpublished"
opinion should be disseminated, and I'm also trying to get a copy of the
letter filed by a number of psychologists seeking a CA Supreme Court Review.
Some of what she did makes me uncomfortable, but some of what Corwin did
also concerns me. I've been asked to comment on whether more of us should
become involved, and I'm seeking some feedback on that issue - and the
case in general, if any of you know more about it." (California doctorate-level
political activiooops, MHP, June 22, 2005).
[ANONYMOUS LISTSERVE COMMENT]: "From
a public policy perspective do researchers really want to add "One
of the risks of this study is that another researcher will hire private
investigators, dig through your parent's court records, and eventually
track down and contact you and your family to try and refute what you tell
us during the study" to our Human Subjects paperwork? Do *you* want
to be the subject of research knowing that is a risk?" (Texas doctorate-level
MHP, June 23, 2005).
[ANONYMOUS LISTSERVE COMMENT]: "It
seems to me that Nicole Taus has already been successful in doing a great
deal of damage to Guyer and Loftus--and the magazine? and others? At no
expense to herself. Who are her attorneys and who pays them? This is all
on contingency?... It must have cost all the defendants a fortune even
to this point where most of the claims have been denied. And it will cost
still more thru the CA Supreme Court. And then still more if that court
allows the action.. What does this mean? "offensive and objectionable"?"
(Massachusetts doctorate-level MHP, June 24, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "In
all my reading, I've yet to find something that makes me comfortable blaming
Nicole Taus for this mess... Would there not be psychological hypotheses
regarding the impact of all of these events on Ms. Taus, and her emotional
investment in maintaining certain beliefs, as well as what occurred
on the part of all professionals here, that should be considered before
focusing this discussion on the "damage" she has allegedly caused?"
(California doctorate-level MHP, June 24, 2005).
Father's
Rights (or anti-Mother) Custody Advocacy
[ANONYMOUS LISTSERVE POST]:
"Does anyone have any good references for a discussion and research
about Facticious Disorder (MSBP)? I have a case coming up ASAP where
there is a possibility that maternal grandmother has a hidden agenda to
make the child dependent." (Virginia doctorate-level MHP, June 14,
2001).
[ANONYMOUS LISTSERVE COMMENT]:
"I am in the process of recommending that the PRP be changed
in a long distance CCE (this is not a move away). The child is 3 1/2. The
psychological attachment is with the former PRP. Without going into detail,
it is in the best interest of this child to change residence. However,
there is not a safety issue in her current living situation. Her rlshp
with the other parent for the most part is good, her temperment is even
and she is mature, intelligent and loquacious for her age. She appears
to handle separation well and I am recommending she be in therapy to
help her adjust to this transition. THE PROBLEM: I don't know if it
is better to make this move gradually - adding weeks that she spends with
the new RP OR just making the change of PRP and set up the visitation plan
for other parent right from the start." (California doctorate-level
MHP, January 11, 2003).
[ANONYMOUS
LISTSERVE POST with the subject line "FYI: In Defense of Working Fathers"]:"In
Defense of Working Fathers July 11, 2005 The audio of this week's His
Side..." (California doctorate-level MHP, July 11, 2005).
[The
post included a copy of entire father's rights political webpage, containing
current editorial newsletter. During the nearly six years this author monitored
the listserve in question, father's rights editorial positions periodically
were posted by listserve members and administrators as "interesting"
or "informative" and almost invariably without criticism. There
was not a single instance of a laudatory posting of comparable editorial
material in favor of mothers' positions.]
[ANONYMOUS LISTSERVE COMMENT]:
"I haven't seen any research on this... However, in 20+ years of experience
working with divorced families, I have no doubt that fathers who were pretty
hands-off during the marriage become much more active and involved during
the divorce and that, fortunately, many of them sustain this involvement
in the post-divorce period... cynical dads who are concerned with punishing
their ex, using the children as a bargaining chip, or reducing their exposure
to child support [are unlikely] to convincingly and consistently sustain
such playacting for any period of time." (Michigan doctorate-level
MHP, April 2, 2006).
[ANONYMOUS LISTSERVE COMMENT]:
"...the other type of conference I've been attending over the last
several years has to do with the explosion of fascinating neuroscience
research utilizing all the brain-scanning technologies" (California
doctorate-level MHP, February 13, 2007).
[ANONYMOUS LISTSERVE RESPONSE]: "Great
idea! ANYTHING but another DV workshop!!! I would suggest sending
your idea to the president of the AFCC-CA chapter or even National."
(California doctorate-level MHP, February 13, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"It is patently stunning to me that we are debating the importance
or salience of father's involvement in their children's lives. The research
over the past 40 years (and no, I'm not going to cite it here)... If
we are going to debate the importance of father's involvement in their
children's lives, shall we also debate: The efficacy of women in the
workplace. The relative intelligence of African Americans. The benefits
of institutionalization for the mentally retarded. The benefits of the
man-boy love association." (Doctorate-level MHP, March 7, 2006).
[ANONYMOUS LISTSERVE COMMENT]:
"I need recommendations on the following overnight visitation case.
Context of Warschak article and new dialogue on issue. Parents never married.
Had a 4 mo. relationship. Mo got pregnant and moved in with father to be.
She got mad and left. Went to live w parents where still resides with child
who now is one y.o. Father made clear his desire to be involved with child
but insisted on DNA test after child born. She is still mad about that.
Mo. refused to let fa in delivery room. did call him day of birth and he
got see. Mo not allow further contact for about a month. She left state
for two weeks after birth. Mo. was very stingy about allowing contact.
Fa got attorney and only supervised for 1 hr in mo's home allowed. First
once a week and then twice. With a court date contact remains all supervised
in her home with two one hr visits T & TH and then a two hr on Sat.
There are no risk factors to not allow father to be involved. He is committed,
seems sincere, and very eager for longer parenting time including overnights.
Mo doesn't really see, though she'll give lip service to, the value of
the father to the child. Her possessiveness has prevailed and controlled
the situation. Oh, mo also wants to relocate from CO to CA to become an
"organic gardner." All of her extended family is in home community.
She has no job. Thinks schools would be better (Waldorf school?) in Santa
Barbara and just loves it there. An old b.f. is there. She lived there
for a while. So the question is how to increase father's parenting time?
Overnights right away. How to phase into and then want schedule would you
propose. I observed the son with the father and they did well and cried
when mother showed up. Mother is very controlling and maybe has genuine
"Mother separation anxiety" - "I've never been away from
Jack for more than an hour." Mother has started with baby food in
addition to breast feeding. Now I know Joan Kelly says breast feeding is
no impediment to allowing overnights with father ("that's what breast
pumps are for"). The relocation issue is not much of an issue (what's
that post-Burgess case on the mother wanting to move to FL to study para-psychology?).
Thanks for suggestions." (Colorado doctorate-level MHP, April 12,
2002).
[ANONYMOUS LISTSERVE RESPONSE]: "How
did you get my case file??? LOL - This almost perfectly describes one of
my current cases. Amazing how each case is seen over and over and over
again. I will be following this with great interest!" (Louisiana masters-level
MHP, April 12, 2002).
[ANONYMOUS LISTSERVE COMMENT]:
"Recent research J Family Psych (2002), 16, 363-376 concluded that
children of divorce do better when they have contact with grandparents.
In this research the kids saw the gp's frequently. With a bit of stretching,
you might conclude that an historically loving and involved extended
family (aunts, uncles, cousins, as well as gp's) is clearly in the best
interests of children, so therefore, removal of that extended base of security
by relocation is not in the best interests." (Texas doctorate-level
MHP, January 27, 2003).
[ANONYMOUS LISTSERVE RESPONSE]: "Recent
case: mo wants to relocate with three school age boys to KY saying she
wants to go to nursing school and/or get a better paying job. Her uncle
is in community but the boys can't remember who he is. Her parents are
deceased. Her sister and friends live 150+ miles away from the new community.
In the old communty are the paternal grandparents and an uncle who the
children know very well and do lots with. So it seems like a nobrainer..."
(Colorado doctorate-level MHP, January 27, 2003, who in other cases has
opined against relocation by mothers wanting to move back to communities
where they have extended family support).
[ANONYMOUS LISTSERVE RESPONSE]: "Isn't
it really a question of transfer of custody. Assume mom is moving no matter
what. Isn't the question which parent better recognizes and meets the needs
of the kids?" (New Jersey lawyer, January 27, 2003).
[ANONYMOUS LISTSERVE COMMENT]:
"...liz, of course this issue would not usually be the most important
one, but it can be. I have one right now where the assertion is the home
community is simply too costly for the electrician's helper to support
his kids and he can't afford child care. He wants to move home where it
is less expensive and there is extended family who can help with child
care. The data show he lives in one of most expensive places to live in
the country. It is a persuasive argument." (The same Colorado doctorate-level
MHP who opined supra, that disallowing the mother to move on similar
facts was a "nobrainer", February 9, 2006). (This very same MHP
also signed onto an amicus brief against a mother's move to her much less
expensive hometown to attend lawschool and live with her new husband and
be right near extended family.)
[ANONYMOUS LISTSERVE COMMENT]:
"I think father's argument deserves considerable credence. What
the child has had for the past 2.5 years is now her stability--it is mother,
not father, who is wanting to rock the boat. And just because the child
will be attending school now? How is that relevant? The child can presumably
get to school from either house, have friends over at either house, do
her homework at either house..." (Michigan doctorate-level MHP, June
14, 2001).
[Over
the period in which this author monitored the 200-300 member listserve,
the above stability argument was not raised by an MHP in any case that
was going the other way, i.e. moving a young child who had been primarily
in the mother's custody to joint custody or into father custody. The stability
argument was brought up solely in the context of protecting and enhancing
father's interests as well as in relocation cases as a purported "stability"
of geographical location.]
[ANONYMOUS
LISTSERVE COMMENT]: "What role, if any, do you think that a shared
legal custody arrangement has in motivating the parent without primary
physical custody to be more involved? I'd say it's a factor. (Pennsylvania
doctorate-level MHP, December 1, 2005).
[ANONYMOUS
LISTSERVE COMMENT]: "[I]n this case the father worked in another
state while the parents were together. He would be gone about half
the time. He continues to maintain a dual residence in the home community
of the boys. There is conflict. First evaluator recommended sole custody
because of conflict. And there is perpetual disagreements. Super involved
dad when he is in town. Full service parent. Two boys stay with him 8-12
days per month. So, is shared decision making reasonable even when the
parents aren't reasonable with each other. Is what parenting coordinators
are for? I think so." (Colorado doctorate-level MHP, December
1, 2005).
[ANONYMOUS LISTSERVE INQUIRY]:
"Are there published studies showing this type of arrangement is in
children's best interests? I see our custody mediators jumping in this
type of arrangement all too often all too quickly in cases where stay at
home custodial moms and out of home working dads (who are not all involved
in their kids lives) are being thrust into this plan. If mom has not worked
out of the home and dads are looking to then pay less child support and
no spousal support, how can these women ever make it out there. I know
the focus is not on the financial issues in these matters, but if moms
are at their wits end trying to survive and then become marginal parents
(often due to power/contol/DV issues), it surely affects BIC." (California
lawyer, August 14, 2006).
[ANONYMOUS
LISTSERVE COMMENT]: "The recommendation involved a joint physical
custody arrangement with an odd contingency... if the mother didn't agree
with the recommendation, then the father would automatically get primary
residential custody... this was after the evaluator had outlined numerous
reasons why the mother had serious concerns about the father having primary
custody... it appeared that the evaluator had set up the mother to agree
to a plan that she had clearly not agreed to during the entire evaluation...
" (Florida doctorate-level MHP, January 14, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
" I just had a conversation with a local attorney who mentioned that
recommending equal parenting time is inappropriate and not supported by
case law... I of course just recommended equal parenting time with a 3
year old although I designated a residentaia parent... does anyone have
any thoughts as to why 50-50 parenting time would be inappriapriate..."
(Illinois doctorate-level MHP, March 29, 2007).
[Does
anyone have any thoughts as to why it is appropriate? or why the
parties had to pay thousands of dollars to this custody evaluator who has
no basis for his opinings?]
Parental
Alienation Theory
[ANONYMOUS LISTSERVE QUESTION]:
"I have a question about the literature and relapse behaviors -- the
potential for relapse of a mother who, in the past, engaged in alienating
behaviors that resulted in her children being further alienated from their
father than they already were... I am treating a mother who was sent to
me by Dependency Court for alienating her children from their father...
history of domestic violence and child abuse... case that has gone
on for almost a decade. At this point in time the mother does not need
treatment for trauma herself... I have been the mother's therapist at the
request of the presiding judge for about 3 months. After significant work
in treatment the mother has recognized how her overt and covert/conscious
and not so conscious behavior has hurt the children... The mother (and
the father) have had only monitored contact with the children since September.
The children are living with their maternal grandparents... The judge is
considering gradually lifting the monitoring for the mother... The judge
has this question of me: If the monitoring is lifted what is the chance
of a relapse in the mother's behaviors?" (California doctorate-level
MHP, January 18, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "Here
are three articles by Richard Gardner that may be of assistance..."
(Florida doctorate-level MHP, January 18, 2003).
[ANONYMOUS LISTSERVE QUESTION]:
"A quick example of this last one. I had a case a few years ago in
which two children, one in late elementary school, the other in high school--accused
their father of physically and emotionally abusing them, said they hated
him and never wanted to see him again. Mother was perfect in every way.
Members of mother's extended family strongly vilified father as well. I
saw the kids as alienated and not at all abused. I decided that the younger
child should live with father (and father's now blended family) despite
his absolute refusal and that mother's time should be severely curtailed
with him temporarily. The older child was too physically out of control
around father and intimidated stepmom too much for this solution to work
and I regretfully left him with mother. Several outside experts hired by
mother said some pretty slanderous things about me and ridiculed my methods
and my opinions, but the judge ultimately followed my advice..." (California
doctorate-level MHP, December 8, 2004).
[ANONYMOUS LISTSERVE COMMENT]:
"...8. Data is beginning to accumulate to show that no one intervention
is consistently helpful. Forget counseling when it comes to moderately
and severely alienated families. In these cases, placing the child primarily
with the aliented parent may help more often than not." (Pennsylvania
doctorate-level MHP, February 27, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "I
concur with all but #8. I believe the current thinking is that "parentectomies"
are ill advised." (California doctorate-level MHP, February 27, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "what
about mutually alienating parents" (Florida doctorate-level MHP, February
27, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "But
what about cases in which BOTH occur? I'm thinking of a scenario where
a kid has a rational reason to feel estranged, but then this is fanned
into alienation by a 3rd party?" (California doctorate-level MHP,
February 28, 2005).
[ANONYMOUS LISTSERVE COMMENT]: "I
think we should begin to educate courts that the estrangement or alienation
of a child from a parent in a complex, multi-level process with many individual,
parent-child, and family level contributors that cannot be reduced to simple
explanatory frameworks, In my practice, a child's disaffection from a parent
(expressed via visitation avoidance) is very often a complex mix of realistic
estrangement (rational, sometimes trauma-base) and irrational (the result
of internal cognitive distortions by the child or toxic contributions from
an alienating parent)." (New York doctorate-level MHP, February 28,
2005).
[ANONYMOUS LISTSERVE COMMENT]: "Myself
and ___ have identified specific behaviors leading to a definition of parental
alienation. We do make a distinction between estrangement and parental
alienation. We anticipate future publications on the results of our studies."
(Ohio doctorate-level MHP, February 28, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "The
Drozd Olesen decision tree has much to recommend it. The only element that
I sometimes have trouble with is the idea that in a case where there has
been abuse and the abused parent is engaging in behavior that would have
the effect of undermining the other parent-child relationship, that behavior
is necessarily based on fear or protection. Depending on the type and severity
of the abuse, how much mutuality there was, whether it was a battering
relationship... a case of common couple violence or a high conflict case
that escalated to violence, the abused parent may be engaging in undermining
behavior that is based on other issues - such as anger, high conflict
dynamics, or an attempt to use a single-incident as a tool in the custody
conflict." (California doctorate-level MHP, February 28, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "I
have seen several other cases in which the alienating parent was the father,
not the mother. It isn't always the mother. If fathers are doing the alienating
as much as mothers, it shouldn't be seen as a concept manufactured by the
father's rights movement. I agree that the behaviors should be described
but the term "parental alienation syndrome" avoided." (Minnesota
masters-level MHP, February 28, 2005).
Reluctance
to Believe Mothers' Allegations, but Tendency to Believe Father's
[ANONYMOUS LISTSERVE INQUIRY]:
"Can any one help with an intervention approach to the following.
Mother makes allegation of sex abuse - father gets supervised visitation
after an 8 month period of no contact, full eval done and allegation is
found to be unsubstantiated. Mom reconciles with dad 'to protect child'.
Child is about 3 at the time. Mother then believes that dad is again abusing
child and she contacts CPS, separates from dad and again there is a period
of about 8 months without contact... I have found absolutely no evidence
of any kind of abuse (except mom's undying belief about abuse occurring...
Other than, getting the child a new therapist, a new school, what kind
of recommendations regarding custody time with dad or even possible
custody change. I should mention that last time dad had no contact mom
went into a "shelter" for DV for 60 days (I can't find any
evidence of that either) and so I am concerned about her fleeing with
kid (so is dad). Dad has been able to maintain a good relationship
with child despite the limited contact and seems to have adequate parenting
ability. Any suggestions appreciated... (California doctorate-level MHP,
June 9, 2001).
[ANONYMOUS LISTSERVE RESPONSE]: "I
am going to make a few leaps to conclusions as preface for my recommendation.
I take it from your description that mother's 'belief system' is well-entrenched
and that any education about the likelihood of molest being slim to none
will fall on deaf ears. That she will be satisfied with nothing less than
father being ordered completely out of the child's life with the reasoning
that any other arrangement is a risk to the child's safety. If mother is
also indoctrinating the child to believe as she does and significantly
distorts reality, then I am also concerned about the possible negative
impact of mother's personality traits on the child's development. I have
had two parental alienation cases in which the parent fled with the child(ren).
Mom sounds like a good candidate for flight as well given her beliefs
about dad and her willingness to draw upon resources that will assist her
in keeping her whereabouts unknown. Can/will she relocate to 'protect'
the child? there is nothing in your post that suggests some form of education/mediation
would be effective for these people. assuming the above is an accurate
description of mother, and father will provide an adequate upbringing for
the child, I would consider a change in custody warranted. I would also
recommend supervised visitation for the mother in order to minimize the
flight risk. However, if the child is able to "compartmentalize"
her time with both parents, functions well despite the dynamics, and appears
to have a different/better sense of reality than does mother - especially
with respect to father - I might consider intensive treatment for the daughter
in order to bolster her ability to maintain a relationship with both parents
and then pick a schedule that is in keeping with her ability to spend time
with each of them. But I think this scenario is an unlikely one given the
depth of mother's belief system and the risk of flight." (California
doctorate-level MHP. June 9, 2001).
[The
"custody-switch to father" agenda also is overt in the above
post. Note that the ostensible reason for it, "the possible negative
impact of mother's personality traits on the child's development"
(whatever these may be, diagnosed by the responder from a few-paragraph
inquiry) cannot be substantiated by one single shred of scientific research.
Little research has tied particular parental personality traits (what these
may be in the case of the mother remain unknown here) to child outcomes.
Thus, the potential result in this case, which going either way, would
remove custody from one of the parents (albeit in the second, as advocated
by the MHP, would remove custody from the primary attachment parent), is
arguably the same, sole custody with one of the parents. In the absence
of any research (or indeed any facts presented here) upon which any "expert"
opinion can be based, this is a recommendation that is purely punitive
and founded in the responder's own biases and values. Worse, it is a choice
to place a child with a less-familiar parent who is a possible abuser rather
than with the primary parent who has possible "personality traits"
the evaluator does not like.]
[ANONYMOUS LISTSERVE COMMENT]:
"I'll give you one I ran into in an actual CCE where mom accused father
of sexually assaulting the child. Child exhibited a number of concerning
behaviors, made partial outcries that someone had hurt her. Mom, concerned,
sends child to therapy. Well meaning but stupid, stupid therapist works
with the child, focusing on sexual abuse by the father. Mom, because of
therapist, eventually comes to believe father sexually abused the child.
Mom is *mistaken* in this case, but is not lying. Therapist is foolish,
misinformed, borderline incompetent, but also not lying. Saddest thing
was the child probably had been sexually abused, just not by the father.
By the time I was able to point that out to anybody the child had been
irrevocably contaminated and we were never able to get clarity..."
(Texas doctorate-level MHP, November 20, 2006).
"Sex
Positivism" and Pretextual Nonjudgmentalism
[ANONYMOUS LISTSERVE COMMENT
in response to Missouri appellate case holding that trial court could consider
husband's exhibitionist masturbation in awarding custody of child
to wife]: "Since this would be in the area of "value" would
the evaluator defer on addressing this issue or is a conceptual sleight
of hand appropriate, saying the father had impulse control and judgment
problems." (Colorado doctorate-level MHP, January 12, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "I
think there is a difference between someone flashing at the playground
at Central Park and masturbating in a darkened porno theater." (New
York doctorate-level MHP, January 12, 2004).
[ANONYMOUS LISTSERVE COMMENT]:
"Step Dad admits to groping 14 year old female while asleep.
Both were on couch watching TV. Claims history of sleep walking etc. Appreciate
any information on this phenomenon. TIA" (California doctorate-level
MHP, January 15, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "If
you do a literature search on sleep walking you will find a fair amount
of support for a hypothesis about wierd somnabulistic behaviors, even murder.
If there is a family history and substantial personal history for sleep
walking the case is stronger." (Colorado doctorate-level MHP, January
15, 2004)
[ANONYMOUS LISTSERVE RESPONSE]: "Evidence
that would tend to increase or decrease its credibility might be found
in a sleep study..." (Michigan doctorate-level MHP, January 15, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "Here
is another reference I found: Sexsomnia:... Describes a distinct parasomnia
involving sexual behaviour... Eleven patients (aged 16-43 yrs) with distinct
behaviours of the sexual nature during sleep are described..." (Missouri
doctorate-level MHP, January 17, 2004).
[ANONYMOUS LISTSERVE RESPONSE]: "There
was a similar case recently in my locale - an enebriated man climbed into
his own bed late one evening and briefly touched the breast of a 13 year
old teen friend of his daughter spending the night before he fell into
a deep slumber... " (Illinois doctorate-level MHP, January 17, 2004).
[NOTSOANYMOUS LISTSERVE COMMENT]:
"The paraphilic "noncure" assertion seems bandied about
like a mantra. However, as best as I can determine, it is simply a concept
borrowed from AA propaganda... widely accepted uncritically... Does holding
a desire, in whatever strength, which one never acts upon, or acts upon
no longer, mean one still has the "problem?" If a "normal"
(with no Hx of deviant behavior) shows arousal as measured by the PPG to
images of nude children, is he pathological? ...seems to me a reasonable
paraphilic construct might require a mens rea AND some deviant action."
(Illinois doctorate-level MHP who usually works on the side of men accused
of sex abuse in criminal actions and child custody disputes, March 20,
2007).
[NOTSOANONYMOUS LISTSERVE RESPONSE]:
"I think there is something seriously wrong with a man whose favorite
sexual fantasies involve children. That something wrong can be described
as a personality disorder (in the developmental sense rather than the DSM
sense of overall adjustment), or a borderline personality organization
(in Kernberg's sense), or just as seriously disturbed (as I described in
my book on child abuse). That disturbance is bound to manifest in intimate
and ambiguous situations, in my opinion." (Denver doctorate-level
MHP professor, March 20, 2007).
[Over
a period of six years, while the subjects of child sex abuse allegations
as well as pornography repeatedly were raised, the rare point of view --
that a parent's sexual disorder is bound to manifest in various ways, even
if not in literal child sexual abuse as legally defined -- was never once
expressed by an MHP on the anonymous listserve of child custody evaluators.
The opinions were readily contra, however, if the disorder did not involve
sex and was a mother's disorder. See, e.g., infra.]
[ANONYMOUS LISTSERVE COMMENT
re the arrest of a noted child custody psychologist
for secretly videotaping a woman using the toilet in his office bathroom,
and masturbating to it]: "I'm
simply sad because the situation exists and life for him and his family
will be very difficult for some time." (Vermont doctorate-level MHP,
July 14, 2007).
[ANONYOMOUS LISTSERVE COMMENT]: "[]'s
workshops are the best I've ever attended. He has graciously shared his
time and materials with me. I'm stunned," (Missouri doctorate-level
MHP, July 14, 2007.
[ANONYMOUS LISTSERVE COMMENT]: "...we
should not jump to conclusions in either direction. If the charges are
not valid, an unspeakable wrong has been done to him." (California
doctorate-level MHP, July 14, 2007).
[ANONYMOUS LISTSERVE COMMENT]: "Absolutely!
These should be no rush to judgment. We know much good about [] and nothing
whatsoever about this allegation..." (Illinois doctorate-level MHP,
July 14, 2007).
[NOTSOANONYMOUS LISTSERVE]: "Stu's
alleged criminal conduct sounds incredibly flawed and not to be condoned
in any way (example he is no longer listed on the ABFP diplomate website).
Nonetheless, I remain quite concerned about him as a person and sent him
my support in that regard in an email sent yesterday..." (Colorado
doctorate-level MHP, July 14, 2007).
[NOTSOANONYMOUS LISTSERVE]: "I would
also respectfully suggest that, especially in our public comments, we express
equal concern for the alleged victims..." [FOLLOWUP]: " I'm just
noting that one of the alleged victims was reportedly a psychologist in
his office - which means that this person is also a colleague and may have
access to professional listservs. I can only imagine how it would feel
to be in her position, if the allegations are true, and then to sign on
to professional lists to see concern expressed only for Stu. I'm just suggesting
that if we are withholding judgment at this time, we express concern for
both sides." (California doctorate-level MHP, July 15, 2007).
[NOTSOANONYMOUS LISTSERVE]: "It is
appropriate to express concern and outrage for victims of crimes. It is
also appropriate to express concern and outrage for perpetrators of crimes...
In my work in the correctional system for the last three years, I have
learned a lesson that few who work outside the walls realize: perpetrators
are also victims of their own deeds. Crime is a tragedy no matter who is
involved." (Washington doctorate-level MHP, July 15, 2007).
[NOTSOANONYMOUS LISTSERVE]: "How
highly inappropriate to remove him from the ABPP website before he had
been found guilty of anything. I don't know who made the decision to remove
him, but I think ABPP people would be among the last persons to do such
a thing given their journeymen positions in our profession." [FOLLOWUP]
"I just went to the ABPP website and Stu Greenberg is still listed."
(California doctorate-level MHP, July 15, 2007).
The
last post above was a child custody evaluator who specializes in sex abuse
allegations. He and others exhibit the very common MHP confusion over appropriate
standards of proof when questionable behavior also could be a crime is
raised in another milieu, requiring for all purposes the criminal standard
of proof and a conviction, versus evidence (such as a confession) that
otherwise should be adequate in civil court to take protective or compensatory
action. Below, "overly" restrictive? Bias, anyone?
Also see Self-Protection Above All
[NOTSOANONYMOUS
LISTSERVE]: "Anyone have research on the effectiveness (if that
is even possible) of overly restrictive conditions of parole or probation
on Sex offenders? For example if a Judge tells a defendant that the
Conditions of probation (Child Porn conviction) will be that they can go
nowhere where children are present (Grocery stores, wal-mart, parks, etc).
Is there any research on whether this is effective management or whether
this has a negative impact on the probationer?" (Missouri doctorate-level
MHP, July 23, 2008).
[ANONYMOUS LISTSERVE COMMENT]:
"Baures v. Lewis, 2001, I believe now controlling in that state, happened
to concern an older autistic child. It is another Burgess projeny with
similar misinterpretation of the relevant research, but the reasoning was
interesting. For your case, a risk assessment should focus on age of the
child, special needs of the child, and need for two involved parents..."
(Colorado doctorate-level MHP, January 21, 2003).
[ANONYMOUS LISTSERVE COMMENT]:
"Is anyone out there aware of research about a sexually abused
parent insisting their child has been sexually abused even when there is
no supporting evidence?... The older daughter just turned twelve and
has blossomed early. Mom is allowing her to dress in VERY provocative clothing...
lets her do whatever she wants: stay out with her friends, not do her homework,
skip chores around the house, speak disrespectfully to adults... as long
as this child participates in nightly Bible reading with her sibs and mom.
Child is beginning to rebel when she's with dad, acting out anger with
sibs... pushing, slapping and yelling at two younger children. When dad
administers consequences, she pouts and refuses to leave her room... My
concern is that it is only a matter of time before there will be more abuse
allegations..." (Virginia doctorate-level MHP, January 30, 2003).
[ANONYMOUS LISTSERVE RESPONSE]: "Yeah.
But where did I read this. May Child Maltreatment or the Review journal
abot trauma put out by Sage. As I recall, the study found that mothers
who were sexually abused were more likely than mothers who were not sexually
abused to interpret their children's ambiguous behavior as sexual in nature.
Gee, this is off the top of my head. But, yes, there is something and it
is somewhat recent..." (North Carolina doctorate-level MHP, January
31, 2003).
[ANONYMOUS LISTSERVE RESPONSE]: "But
keep in mind that there is also some research supporting a correlation
between sexual abuse of mothers and actual sexual abuse of their offspring.
I don't think we have enough evidence to support treating 1st generation
sexual abuse as an indicator of the falseness of sexual abuse claims in
the second generation (not that you were saying this)." (Michigan
doctorate-level MHP, January 31, 2003).
[ANONYMOUS LISTSERVE COMMENT]:
"I have seen "Parent B's" whose divorce ignited more parenting
interest in them. Perhaps they inappropriately withdrew from both the other
parent and the child to avoid conflict. Perhaps Parent A has always been
the gatekeeper..." (California doctorate-level MHP, February 28, 2005).
[ANONYMOUS
LISTSERVE COMMENT]: "The self-fulfilling prophecy part is my point
vis-a-vis assumptions regarding conflict & shared parenting. A fixed
opinion either way risks fulfilling its own prophecy." (Texas
doctorate-level MHP, November 30, 2005).
[ANONYMOUS LISTSERVE COMMENT]:
"I agree that there is no research but there is nothing conceptually
to argue against a child being alienated by a NCP." (North Carolina
doctorate-level MHP, August 9, 2006).
[ANONYMOUS LISTSERVE RESPONSE]: "What
I like about Kelly & Johnston's framework is that it casts alienation
as a behavioral state in the child (the state of rejecting a parent), not
in a parent..." (New York doctorate-level MHP, August 10, 2006).
[ANONYMOUS LISTSERVE RESPONSE]: "I'm
not comfortable with this way of thinking about alienation. It doesn't
seem helpful to locate alienation "in" child or parent.
It seems to me that alienation is a three-way-behavioral-dynamic among
both parent (authority) figures and child, including the influence
by all the mediating variables mentioned by others. It is then
always the evaluator's job to help determine which parent-child dyad dynamic
is healthiest for the child." (Pennsylvania doctorate-level MHP, August
11, 2006).
[ANONYMOUS
LISTSERVE INQUIRY]: "A divorced mom wants to relocate with 3yo and
4yo kids from St Louis to Columbus, OH (approx 450 miles). She would fly
back with the kids 1Xmonth for them to have Fri-Mon with dad... Dad says
travel such as this is harmful to the kids. Does anyone know of any
literature that would address whether or not such travel could be harmful?"
(doctorate-level MHP, January 5, 2006)
[ANONYMOUS LISTSERVE RESPONSE]: "To
my knowledge, there's no data suggesting air travel is dangerous... "
(Florida doctorate-level MHP, January 6, 2006)
[ANONYMOUS
LISTSERVE RESPONSE]: "Don't leave out the question of how the child
feels about the travel. Sometimes kids travel just fine despite the fact
that we adults view the travel as a pain." (North Carolina doctorate-level
MHP, January 7, 2006)
[ANONYMOUS
LISTSERVE RESPONSE]: "Harmful how? Many people (kids and adults) find
travel stressful, but I don't know of particular research on point. Obviously,
that issue has to be weighed against contact with the other parent, benefits
from the move, and all of the other factors that come up in relocation
evals." (California doctorate-level MHP, January 7, 2006, apparently
recognizing that the travel issue could be argued in two ways, depending
upon the father's interests in different cases.)
[ANONYMOUS LISTSERVE COMMENT]:
"The research on pre-separation and post-separation involvement is
complex. Pre-separation involvement may or may not be predictive
of post-separation involvement. It's mediated by quality of
the relationship, dynamics at the time of separation, how the parenting
tasks were divided during the marriage, whether Dad was never involved
or withdrew as the marriage ended, whether Dad is "activated"
more into the parental role by the events of the divorce vs. withdrawing,
and a host of other situational factors." (California doctorate-level
MHP, August 8, 2006).
[The
comment in the post was followed by a spew of canned citations to agenda'd
psych literature, including by Braver and the ubiquitous Kelly and
Lamb, which themselves contain little or no backup for the assertion but
lots of political argument in favor of father involvement. No research
at all indicates that any of the "factors" the MHP suggests here
to be considered have been demonstrated actually to have any predictive
value, let alone in which direction they have predictive value, or even
to bear on the issue at all -- it's all complete speculation. "The
research is complex" is code for "There is no research"
or "The research and opinions are all over the place, so you can argue
this whichever way you want... here is a list of articles whose commentators
push the pro-father agenda you're looking for." Appending lists of
canned citations to literature is a common tactic of MHPs, both in the
prolific dump of pseudo-scientific pieces this community publishes, as
well as in defense of forensic assertions. Below, five months later, a
thread involving many of the same participants. The same California MHP
stands on her insistence that any alleged "intervening event"
could be argued to have so changed everything that the past is no longer
of predictive value.]
[ANONYMOUS
LISTSERVE INQUIRY]: "Can any of you lead me to some empirical evidence
in support of the generally held view that past behavior is the single
best predictor of future behavior? The specific behavior in which I
am interested in is parental neglect of children." (Florida doctoral-level
MHP, January 12, 2006).
[ANONYMOUS LISTSERVE RESPONSE]: "There
is something about your question in the nature of the snake swallowing
its own tail. You are asking for a system (i.e., a network of empirical
evidence based on inductive reasoning) to establish its own validity...
if we don't postulate on faith that the past can be used as a good
predictor of the future, then the whole concept of empirical evidence (in
any field, including the science of behavior) fails utterly and
nothing can count as such evidence." (Michigan doctoral-level MHP,
January 12, 2006).
[ANONYMOUS LISTSERVE RESPONSE]: "The
way I understand the predictiveness of past behavior is that it is predictive
of future behavior when there are no intervening events that are likely
to change it. Thus, some are tied to repeating the past, while others learn
from it." (California doctorate-level MHP, January 13, 2006).
[ANONYMOUS
LISTSERVE INQUIRY]: "Mr. Smith is the sole wage-earner in the Smith
family. Mrs. Smith is unemployed outside the home. Mr. Smith keeps his
wife on an economic leash. When Mrs. Smith shops, whether it is for food
for the family, clothes for the children, or clothes for herself, she must
return from her shopping trip with receipts. She must also produce receipts
for gas purchased by her. She is not authorized to write checks and has
no credit cards. If Mrs. Smith acknowledges that mistreatment of her
by her husband only takes the form of the economic control described above,
is it appropriate to describe Mrs. Smith as a victim of domestic violence?"
(Florida doctorate-level MHP, January 20, 2006)
[ANONYMOUS LISTSERVE RESPONSE]: "If
someone WANTS to be a doormat, is it the job of the law to tell them they
can't?" (California family lawyer, January 20, 2006)
[ANONYMOUS LISTSERVE RESPONSE]: "I
don't [think] our task is to define Domestic Violence. DV is a legal concept...
I do think our job is to describe abusive and negative behavior and discuss
its impact on children. Including the very important issue of 'exposure'
I see the exposure issue overlooked a great deal in CCE that I review."
(Florida doctorate-level MHP, January 21, 2006)
[ANONYMOUS LISTSERVE RESPONSE]: "At
the risk of being politically incorrect, did Mr. Smith offer a reason
for his behavior? Is it possible that the Smiths were people of modest
means and that Mrs. Smith was unable to control her spending? ...there
are two sides to every story..." (Texas doctorate-level MHP, January
21, 2006).
[ANONYMOUS LISTSERVE RESPONSE]: "This
is an example of an issue that would have to be carefully explored in
terms of its relevance to parenting. If it is limited to this kind
of issue, and to $$, one might need to be quite cautious about extrapolating
to the idea that it would be directly relevant to parenting." (California
doctorate-level MHP, January 20, 2006)
[ANONYMOUS LISTSERVE RESPONSE]: "With
a background in substance abuse, my first thought was not about the poor
abused woman, but perhaps whether the poor husband is out everyday in
the freezing rain making a living as a road worker, only to come home
to find his wife has spent every dime they have on 1) crack, or 2) QVC
"dimonique" earrings." (California doctorate-level MHP,
January 21, 2006).
[ANONYMOUS LISTSERVE RESPONSE]: "Kathy
Kuehnle would be gratified to see that almost all on this list who posted
during the discussion were mindful of alternative hypotheses (including
hypotheses that related to patterns of behavior not suggestive of bullying)."
(Florida doctorate-level MHP, January 21, 2006).
[ANONYMOUS LISTSERVE COMMENT]:
"I'm in a case where someone thinks a 35-year-old parent may be developing
Bipolar Disorder, but not yet showing all signs. I believe affective disorders
including Bipolar often do develop in the 30s or even 40s, but I'd like
to have a reference to check if I'm right and to use as a citation
if I am. Any suggestions would be appreciated." (Missouri doctorate-level
MHP, February 8, 2007).
[ANONYMOUS LISTSERVE FOLLOWUP]: "What
if another possibility was a Cluster B Personality Disorder with primarily
Narcissistic and Borderline features, plus a dash of Histrionics for spice?
Any suggestions for differential diagnosis?" (same Missouri doctorate-level
MHP, February 8, 2007).
[ANONYMOUS LISTSERVE RESPONSE]: "This
might sound like a smart-ass comment, but with a little extra time, this
individual is likely to become a full-blown manic episode...that'll help..."
(Florida doctorate-level MHP, February 8, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"I think that there is probably one reasonable beginning hypothesis,
'There are no significant differences between the parents.'"
(Pennsylvania doctorate-level MHP, February 14, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"Poor behavior is linked to time in day care" ...Data reported
in today's (3/26) NYTimes Probability of disruptive classroom behavior
by children is increased with time expended in day care. Balanced for sex
of child, family income, and quality of day care center. Effects persist
through 6th grade..." (New Jersey doctorate-level MHP, March 26, 2007).
[ANONYOMOUS LISTSERVE COMMENT]: "Interestingly,
the article in my paper also stated the effect was very weak (I assume
effect size) and implied that the ultimate level of disruptiveness in the
child care group, while statistically greater that the non-child care group,
was still within normal limits." (New York doctorate-level MHP, March
26, 2007).
[ANONYMOUS LISTSERVE COMMENT]: "But
it's newsworthy--even with weak effect sizes--because there's nothing going
on with the Anna Nicole case..." (Florida doctorate-level MHP, March
26, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"I'm not sure what inference can be drawn from this low base rate
about the individual's likelihood for abusing children...The thinking is
that 'anyone who gets off shoving a vibrating screwdriver up his ass must
be pretty f***ed up.' Unfortunataly, all yuckiness aside, and given the
wide variety of human sexual expression, I doubt that research is available
to support the assertion that "Hardware-Enhanced Autoeroticism"
is indicative of increased likelihood of molesting behaviors." (Doctorate-level
MHP, June 14, 2001).
[ANONYMOUS LISTSERVE COMMENT]: "What
in the world does adult sexual behavior, practiced in solitude, have to
do with a custody determination, other than its impact on the mother who
discovers the act and is jealous of any sexual activity by her partner
that does not involve her? This is the same for the internet sex folk,
the porn folk, etc." (California lawyer, June 14, 2001).
[ANONYMOUS LISTSERVE COMMENT]:
"A recent study by Coffman, Guerin & Gottfried - (2006) Psychological
Assessment, 18, 'Reliability and Valdity of the Parent-Child Relationship
Inventory (PCRI): Evidence From a Longitudinal Cross-Informant Investigation,'
p. 209-214 advises against using the PCRI in custody evaluations. Coffman
et al. found that for adolescent children (15-16), the PCRI was valid for
assessing concurrent and predictive features of mother-child relationships,
but it was not valid for assessing characteristics of father-child relationships.
Any reactions from the list?" [Followup post]: "I should have
added that on p. 213, Coffman et al 'characterize adolescent-mother relations
as very different from adolescent-father relations, with teenagers spending
more time and feeling more comfortable talking with mothers than fathers.'
Are these characterizations necessarily accurate? Are there variations
between parent gender and child gender? Is this an example of overgeneralizing?"
(Michigan doctorate-level MHP who specializes in child sex abuse accusation
cases, usually on the defense side, August 10, 2006).
[ANONYMOUS LISTSERVE COMMENT]:
"More importantly, I would be quite distrustful of any research that
one might find. Fathers who are turned on by pornography depicting father-daughter
sexual interactions are not likely to say so (even to a researcher). Thus,
the only ones likely to be subjects in such research will be the ones who
have been detected, charged, and convicted. A disproportionate number of
those whose viewing of such pornography was detected will be molesters.."
(New Jersey doctorate-level MHP, August 19. 2006).
[ANONYMOUS
LISTSERVE COMMENT]: "Does anyone recall the origin of the old (arbitrary
and non-research based, I believe) notion of 'one overnight with dad for
every yr of child's age'? It's come up recently in an eval and I'd like
some historical info. Was it Garrity and Barris, Caught in the Middle?
Maybe other sources? I just don't recall." (California doctorate-level
MHP, January 17, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"I thought people might find it interesting that the reference to
Wellesley College
in the article refers to what is being billed as "research."
In fact the research consisted of interviews with self-proclaimed "victims"
with no attempt to hear both sides of the story or to verify the allegations.
(Massachusetts doctorate-level MHP, January 22, 2003).
[ANONYMOUS LISTSERVE RESPONSE]: "You
might not know but I (and ___) were both interviewed for this "research."
It was striking how true your comments. Theire questions were one sided.
There was no way to answer the significant questions in a manner that reflected
more balance and less bias...They were out only to achieve one result/one
end. It was not scientific; it was not unbiased; and it deffinitely was
not research. Their "article" is more a work of fiction than
anything else. Its a disgrace to academics and researchers and should be
an embarrassment to Wellesely College. (Another Massachusetts doctorate-level
MHP, January 28, 2003).
[ANONYMOUS LISTSERVE COMMENT,
FOUR YEARS LATER]: "Been contemplating the Newsweek-cited
Silverman study: http://www.pubmedcentral.nih.gov/articlerender.fcgi?artid=1448371
in the wake of some of the discussion at AFCC San Francisco last weekend,
and my first thought was that with about $1,000, a couple of undergrad
students to boss around, and my undergrad training from Ohio State in political
analysis, even I could come up with, and run, a less obviously biased study
protocol than that. The design part would take me about ten minutes,
which I already spent contemplating the issue while drinking coffee, and
watching the rain bounce off the California Street cable car, at the break
on Saturday." (California lawyer, February 16, 2007).
[ANONYMOUS LISTSERVE RESPONSE]: "What
they didn't do is actually review the Court transcripts to see what happened...they
simply took the word of the alleged victims and the selected documentation...I'm
not suggesting the alleged abuse didn't happen... I'm suggesting that this
is a slice of the whole picture..." (Florida doctorate-level MHP,
who vigorously, if speciously, defended Braver's
relocation study of 2003, which "took the word of" a bunch of
undergraduate psych students about their parents' post-divorce relocation
circumstances, and whose findings then were misrepresented by APA in its
press release and in the media.)
[ANONYMOUS LISTSERVE RESPONSE]: "...you
are being too nice about this study. It stinks so badly that I don't think,
in spite of its conclusions, that it would even be cited favorably on Liz
Kates' website." (Michigan doctorate-level MHP, February 16, 2007).
[ANONYMOUS LISTSERVE RESPONSE]: "One
really has to search for the scholarly aspects of this article--buried
among the political polemics, in the penultimate paragraph of the discussion
section, the authors note the limitations of their sample and make recommendations
that future research include reviews of the GAL reports, longitudinal
studies, etc. I have not seen the Newsweek article, nor was I at
CA AFCC, but I'm guessing that these limitations were not highlighted. Very
unfortunate---makes anyone who were to question the methodology sound as
though he/she is against safeguarding victimized women and children,
doesn't care about human rights violations, is paid off by the father's
rights groups,etc." (Indiana doctorate-level MHP, February 16, 2007).
[ANONYMOUS LISTSERVE RESPONSE]:
"Does anyone happen to have the cite for the Newsweek article?
You can all guess what I'm going to do with it, but if I mention it, I
need the site..." (California doctorate-level MHP, February 16, 2007)...
[ANONYMOUS LISTSERVE COMMENT]:
"In CCEs it strikes me there a number of factors that are often relevant,
it is assumed they are important for child outcomes, and there seems to
be an expectation by court that they would be addressed - but there is
not a research base to interpret. For example, it is assume it is important
to keep siblings together in parenting time, but are there studies? Another
variable would be "special developmental needs" of a child...
In the case of relocation... the factor of extented family or family support...
Without a research base, then it strikes me the evaluator is in the position
of using common sense, belief, or value in asserting the importance of
the factor." (Colorado doctorate-level MHP, January 27, 2003, the
same one who opined six days earlier, supra, Speculation
About What Children Need, about a child's "need for two involved
parents.")
BIAS IS RAMPANT
[ANONYMOUS LISTSERVE COMMENT]:
"At least around here, even when someone is court-appointed and evaluates
the whole family and is paid by both parents, it's often the case that
the decision for an evaluation and the choice of evaluator came more from
one side than the other. Several times in those cases, attorneys have actually
called me their expert and occasionally have expected special treatment
for them and their client (and of course would complain mightily if the
same favors were done for the other side). At least here, it's not the
judge who decides to get an evaluation and who will do it. The true "source"
is an attorney, not the court. So, even court appointment does not totally
protect from bias, though it does help." (Missouri doctorate-level
MHP, April 30, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"Retained expert bias doesn't for the most part come from hearing
attorneys' opinions. It comes from the natural human motive of wanting
to please the person you're working for. It is also reinforced by the desire
to get more referrals... A more subtle kind of bias may also be generated
by the evaluator's personal, emotional reactions to the person being evaluated
(see Heltzel). But none of these influences is fatal to the evaluative
enterprise. An absence of bias is not required-competence and honesty are..."
(Michigan doctorate-level MHP, May 1, 2007).
[Also
see Lack of Decision-making Ability,
Lack of Investigative Ability, Lack
of Judgment, Lack of Expert Credentials,
in Relevant Area of Inquiry, Lack
of Methodology, Just Not All That Swift,
Group Think, Not
the Parenting Mavins You Might Think, Not
the Research Mavins You Might Think, Lack
of Science, Directionless Curiosity,
It's Just Not Science, It's
Not Science -- But That's Okay if I Like It, Arrogance,
and Ignorance.]
CONFIRMATORY
BIAS
[ANONYMOUS LISTSERVE COMMENT]:
"I will ask if there was any coaching and hope I get an honest response.
I certainly expected the 4 to peak. I just feel the MMPI doesn't support
the history as told by the other parent or my observations. I've not had
such an unelevated profile in a CCE." (California doctorate-level
MHP, December 22, 2003).
[ANONYMOUS LISTSERVE COMMENT]:
"Child-custody evaluations are grueling, expensive, intrusive, and
would be considered a last resort by most sane human beings." (New
York doctorate-level MHP-JD, September 1, 2006).
[ANONYMOUS LISTSERVE COMMENT]:
"...The rather interesting thing from my perspective was the way in
which it appeared that that the evaluator had interpreted everything else
about the mother through the considerably distorted lens of his early,
erroneous diagnosis of paranoid personality. Unfortunately, though
he rather sheepishly admitted his error in his interpretation of the MMPI-2
in his letter to the court, he was unable to see the powerful confirmatory
bias that continued to infect his perceptions and assessment of the parties. He
had, it seemed, dismissed the mother's concerns about the father's anger
and other issues as reflections of her own projection and hypervigilance.
He recommended switching custody to the dad..." (Indiana doctorate-level
MHP, February 14, 2007).
[ANONYMOUS LISTSERVE RESPONSE]: "This
isn't just an 'ooops, I looked at the wrong page' error... this is blatant
incompetence and total suspension of critical thinking..." (Florida
doctorate-level MHP, February 14, 2007).
[ANONYMOUS LISTSERVE RESPONSE]: "The
thing that makes this especially concerning is that this is an individual
who has performed a huge number of evals, is well-known (at the state
level) and respected, etc., etc. This is not a newby who has
to look everything up as he goes. It seemed flat-out weird to me that
he would repeatedly refer to the mother's high 5 and think 'paranoid,
angry, suspicious.'" (Indiana doctorate-level MHP, February 14, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"I start with the hypothesis that both are "non-normal"
or that at least one of them is "non-normal," or they would
not be waging war over their child. I can't think of a case in
which one of the other of these hypotheses has not proved true." (California
doctorate-level MHP, February 14, 2007).
[ANONYMOUS LISTSERVE RESPONSE]: "ANY
time we start with only one hypothesis, we are likley to produce (or interpret)
data that confirms it in some way. People with severe pathology may
be over-represented in the custody-disputing population, but some... people
who generally function well but are under extraordinary stress. Its
worrisome to think that any of us are starting out with the prime
hypothesis that one or both parents must be crazy." (California doctorate-level
MHP, February 14, 2007).
[ANONYMOUS LISTSERVE RESPONSE]: "...no
studies of the MMPI 2 or the MCMI III have supported the notion that custody
litigants are 'non-normal.'" (North Carolina doctorate-level MHP,
February 14, 2007).
[ANONYMOUS LISTSERVE QUERY]:
"We all have knowledge of cases where parents have over-reacted when
they have not prevailed in a custody dispute. Has anyone had any
experience with cases where a child has taken the drastic step of threatening
suicide when the court has not ordered a parenting plan that is consistent
with that child's stated preference? Any thoughts on this issue would
be greatly appreciated." (California doctorate-level MHP, January
24, 2007).
[ANONYMOUS LISTSERVE RESPONSE]: "I've
had that experience. In the cases that I've participated in, adult
influence was very present - at a minimum, the "losing" parent
was catastophizing the event to the child, and was refusing to do anything
to support the child using better coping skills - which, ironically, offers
further support to the custody decision if the other parent does a better
job on that issue. Did the threat also occur during the CCE and, if so,
how was it explored? If the child has any concerns regarding realistic
issues, such as ability to communicate with the parent, access to friends,
etc., a plan should be in place to address those issues. If all of
the realistic plans have been addressed and the child is still making threats
of suicide I would both get a psychiatric eval to see if meds are appropriate
and have the kid hospitalized if s/he either cannot or will not sign and
keep a thorough no-self-injury contract." (Another California doctorate-level
MHP, January 24, 2007.)
[There
must be something wrong with the kid. Or else it must be influence of the
"losing parent". It couldn't be that the MHP just screwed up,
that the MHP's placement decision was in favor of an abusive parent, or
that the MHP missed that the child was depressed, but was coping in the
original arrangement and simply cannot adjust to the MHP's recommendations
that pointlessly threw the child's life into change and upheaval (all this
having been done, ostensibly, in furtherance of the child's "best
interests.") Nope. A perfectly normal kid is so angry at being placed
with a perfectly fit parent that the child now threatens to commit suicide.
Blame the mother. How is taking action that triggers a child's getting
to the point of threatening suicide ever in the child's best interests?
Think there's research indicating that this does well for children? Note
the responding MHP's inquiry as to whether there are problems focusing
on less-than-pressing concerns, such as "ability to communicate with
the parent" and "access to friends." Hospitalize the child
and put him on "meds" (or just treat it like it's merely a temper
tantrum, have the kid sign a "no-self-injury contract"). See,
e.g. http://www.kourtsforkids.org/]
The
Treating Therapist Must Be Wrong
[ANONYMOUS LISTSERVE COMMENT]:
"I often find that therapists have become advocates for their patients
and cannot be trusted to be objective or to give me all relevant information
while leaving only what's irrelevant and not leaving out what's unfavorable
to the patient... Therefore I almost always request the file (and sometimes
billing records too). My authorization form and cover letter say repeatedly
that "your entire file from cover to cover" is being requested,
but it's clear most times that what I get has been cherry-picked anyway.
It's been fun on occasion to ask a therapist why they say their patient
has no problems which could copmromise parental competence when the file
is full of documented serious functional impairments and contains a serious
diagnosis... Fishing? Maybe so, but I've caught some really big ones this
way." (Missouri doctorate-level MHP, August 19, 2006).
[ANONYMOUS LISTSERVE RESPONSE]: "There's
more than one way to "catch 'em." I'm always amazed at the issues
I ask about that the parent's therapist had no idea existed, or have heard
from such a distorted perspective that it's ridiculous... If that's the
kind of therapist I'm talking to, that often becomes pretty obvious in
the interview. Of course, if there is an issue as to the mental health
of a parent (beyond the usual BS), I'll request more records rather than
less." (California doctorate-level MHP, August 19, 2006).
GENDER
BIAS AND ANTI-MOTHER DISCRIMINATION
Bias
Outright
[ANONYMOUS
LISTSERVE COMMENT]: "So, we should just have one parent being 'authoritative'
and the other, during his 12 days a month with the boys, having to ask
"Mother, may I?" to someone who does not respect or trust
him before deciding what activities, medical care, religious involvement,
or almost any other aspect of routine parenting can take place -- and,
all the while, he should try to model for his sons what it means to be
an autonomous adult in authority?" (Michigan doctorate-level MHP,
December 1, 2005).
[Apparently
mothers cannot model what it means to be an autonomous adult in authority.
Also, note that the "may I" position is precisely the position
into which the same evaluators advocate placing primary caregiving mothers
via joint legal custody. Telling isn't it... See joint
custody article.]
[ANONYMOUS LISTSERVE COMMENT]:
"I am involved in a case where one parent has documented that the
other parent previously maintained a home that is, well, a total and complete
mess. Things are everywhere. The kitchen and bathrooms are filthy. There
are photos documenting this. The messy parent counters that the photos
are four years old and that their home is now clean and tidy and has been
for years. However, the accusing parent states this is not the case, that
the conditions continue. It would seem that a home visit is appropriate.
However, I am considering making it a surprise visit since, obviously,
the allegedly messy parent can clean up the home if they know I am coming."
(California doctoral-level MHP, October 12, 2005). [In the context of the
listserve thread, the messy home of the past was "kept by"
the mother while the parents still lived together.]
Compare
the Reactions to Braver's "Anti-relocation" Study with the Reactions
to a Study Showing Harm to Children from DV Against Their Mother
Compare these pleased
and credulous, even excited, reactions to Sanford Braver's relocation study,
which conveniently was released just in time to be used in the MHP amicus
brief in the California Supreme Court LaMusga
case, and was repeatedly misrepresented as finding
harm to children when "parents" relocate, thereby providing an
apparently longed-for expedient citation to "research" useful
in making an argument against custodial mothers' relocations:
[ANONYMOUS LISTSERVE COMMENT]: "J
Fam Psych, must read... The new issue of Journal of Family Psychology
is now in print. It is a special issue on psychology & law. Anyone
who does relocation CCEs needs to get the two articles on relocation.
Kelly & Lamb summarize the divorce effects
& child developmental research on young children and applies it to
the relocation issue. Braver et al. present their
data on college students' adjustment for those whose divorced parents relocated
(either parent) one hour or more away vs. divorced parents who both stayed
in the home community." (Colorado doctorate-level MHP, June 23, 2003).
[ANONYMOUS LISTSERVE RESPONSE]: "Has
anyone been able to pull these up yet on the APA site?" (California
doctorate-level MHP, June 27, 2003).
[ANONYMOUS LISTSERVE RESPONSE]: "I
printed out the Braver et al article today (for free!) they charge for
separate articles (11.95..ouch!) probably time to get on board with the
online subscriptions services (overdue, actually...)" (California
doctorate-level MHP, June 27, 2003).
[ANONYMOUS LISTSERVE RESPONSE]: "FROM
WEBMD HEALTH ~ Post-Divorce Move Can Be Bad For Kids Children of divorced
parents who moved away from the non-custodial parent can be more unhappy
and unhealthy than others..." (California doctorate-level MHP, June
28, 2003).
With the negative and doubting reception for a new study finding harm
to children from domestic violence perpetrated only against their mothers:
[ANONYMOUS LISTSERVE COMMENT]: "...The
study was conducted by researchers at the Harborview Injury Prevention
& Research Center in Seattle. They believe evidence of domestic violence
is important in making custody decisions because children who have been
exposed to their mothers' abuse by an intimate partner are also more likely
to be victims of abuse themselves..." (New Jersey doctorate-level
MHP, August 11, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "If
there was no mention of DV in the divorce file, then how did they know
the father had a known history of DV... The next step would be to see how
these cases developed post-decree, such as continued litigation, incidents
of DV and such... and how did the children do in both groups post-decree..."
(Florida doctorate-level MHP, August 1,, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "I'd
like to see the study. Anyone seen the actual study? If so, let me know
and I will go thru it w/ a fine tooth comb :) Thanks." (California
doctorate-level MHP, August 12, 2005).
Bias
Under the Guise of Gender Neutrality (False Balance)
[ANONYMOUS LISTSERVE COMMENT]:
"Does anyone have references that I can review on extended visits
for a bright, articulate 3 year old girl? Parents live across the country
from one another and I have been asked to suggest a parenting plan that
allows mother extended time for the next two years - until child starts
school. No real problems with either parent but they are located across
the country. Child has a 7 year old half sibling and stepfather with mother
and lots of extended family with father. I was thinking of three 3-week
visits a year with mother intersperced with mother spending 2 or 3 ten
day periods of time down here with child and extended family. Father finds
three weeks too long to be away from child and mother feels it is not enough
time with child. I can't find any research directly related to this."
(Texas doctorate-level MHP, October 6, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "I
don't think you will find research or conceptual writings on what you propose.
See Kelly and
Lamb (2000) and their subsequent writings. The plan cited above is
developed for the parents and not developed for the child and her developmental
level. I recall that Michael and Joan wrote an article about relocation
within the past two years, you might want to check this article too."
(North Carolina doctoral-level MHP, October 6, 2005).
[ANONYMOUS LISTSERVE RESPONSE]: "Before
I'd support the a plan that has a 3-year-old having three-week separations
from parents, I'd want to know the basis for determining that this
kid's capabilities, separation issues, ability to participate in telephone
or web visits, etc., exceed the capabilities of most three-year-olds to
the point that a separation of this duration isn't a problem. None of the
research or research-based models on which we rely are "gospel."
Depending on how well grounded |