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.
[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).
[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.]
[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).[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).
[No one responded to the lawyer's question.]
[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).
[No one on the listserve of primarily MHPs ever responded to the lawyer's query.]
[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?]
[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).
A label in search of a theory...
[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).[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).
[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 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. Also see Self-Protection Above All
[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).
Speculation and Assumption When that Suits the Agenda...
Father custody advocacy -- preparing to defend against abuse charges not yet brought:
[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).
Father custody advocacy -- hypothesizing an alibi for his former lack of involvement:
[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).
Father custody advocacy -- insisting that joint custody will work even if there's conflict:
[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).
Father custody advocacy -- needing a reason the child is not doing well in father's custody:
[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).
Father custody advocacy -- weighing imaginary factors when the facts could go either way:
[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.)
Father custody advocacy -- hypothesizing why he will be a "divorce-activated" Dad in the future:
[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).
Father custody advocacy: he was provoked into this behavior, and anyway, it's not DV:
[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).
Father custody advocacy: the mother is mentally disordered... in some way... isn't she?
[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).
Father custody advocacy: presumption of gender neutral parent fungibility and no presumption that primary caregiving means anything:
[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).
Father custody advocacy: put the kid into daycare:
[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)...
[The comments got steadily worse, with the original commentator jumping in again to call the study "rat pee." In the nearly 6 years the compiler of these quotes monitored the anonymous listserve, opinion writings unsupported by any research findings, such as Joan Kelly's prolific and unscientific editorials about child custody plans, parental alienation think pieces from Gardner forward, shared parenting political rhetoric, and similar materials frequently were approvingly tossed off in passing in a way that implied them to be information grounded in scientific findings, or directly referred to as "research". See, e.g,. infra]
[ANONYMOUS LISTSERVE Pee esS.]: "Oops--upon re-reading my note, I realize that one might think that I was perhaps suggesting that the hapless Silverman et al had had their "scholarly" article misrepresented by yellow journalists. Lest anyone think this, let me hereby loudly proclaim that I share the belief that the rodent urine paragraph does nothing to mitigate the authors' responsibility for their bovine feces study. :-) " (the above Indiana 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.")
[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).
[Also see Self-Interest]
[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.]
[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/]
[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
[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).[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 a model is, either in specific or related research, we need to apply appropriate weight to that research and compare how well the characteristics of a particular family fit that model." (California doctorate-level MHP, October 11, 2005).[ANONYMOUS LISTSERVE COMMENT]: "Why would you think an 18 year old boy in college is any different from a 17 year old girl re: the ability to establish a consistent parenting schedule? Why assume the schedule as to be long-term? Couldn't all the issues you raise re: Dad also apply to Mom? It would be very hard for many mothers (not all, unfortunately) to separate from a 2 month old, but the issue here should not be the mother's stress." (New Jersey doctorate-level MHP, December 3, 2004, complaining when the author of this webpage suggested that there was a difference vis a vis an infant between a young unwed mother, and the cabal of extended family relatives on an 18-year-old unwed father's side who dragged the teenage mother into court two-months post-partum to demand extensive timeshare and grandparent visitation rights)
[ANONYMOUS LISTSERVE COMMENT]: "Gender politics. Children lose no matter from what side of t