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The Matrimonial StrategistLJN NewslettersNewsSections

'Forensic Clairvoyance'

By Jeffrey P. Wittmann
December 31, 2015

Attorneys take a variety of approaches to client preparation in advance of a child custody evaluation, ranging from a “hands-off” stance (sending their parent litigant off to the assessment with no guidelines about how to handle the process) to hours of guidance ' what to be careful about, what materials to offer the evaluator, etc. When preparation is provided, a rational and understandable assumption often held by both litigants and the lawyers that represent them is that there will be a chance during the assessment to respond to all central allegations made by the other parent. Sadly, such trust in the fairness of the evaluation process is, in some cases, quite misplaced, and can lead to unfortunate outcomes.

Peer reviews of the custody evaluations of other mental health professionals have revealed a worrisome approach to assessment, represented by the following case example: The mother in a custody matter describes for the evaluator an alleged pattern of threats, intimidation and episodic violence on the part of her husband over the past three years. She states that some of the frightening behavior happened in front of the couple's child. The evaluator also hears from the husband that the mother had, on occasion, thrown things at him when she was angry, and that their child watched this. Neither party is asked about the allegations made by the other, and no information confirming violence is gleaned from the collaterals, yet the evaluator proceeds to conclude that the father appears to be a coercive-control batterer.

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