Sunday, March 25, 2012
Review & Critique of Custody Evaluation Reports
The purpose of a custody evaluation is to help resolve a custody dispute by providing direction to parents about how to best meet their children's needs and interests once they divorce. Custody evaluations generally offers recommendations concerning with whom children should reside and how parents should manage responsibilities for their chidlren's care.
As previously suggested, the ultimate goal is for parents to use the recommendations of the evaluation report to direct further negotiations and hopefully reach an out of court settlement. Unfortunately, this is not always possible in an increasing number of highly conflicted cases. In fact, in many of these cases, the custody evaluations become another weapon to be used adding to instead of reducing the acrimony and conflict that already exists. It is in these cases that the Court is left to make decisions for you and your children.
When court involvement cannot be avoided,it is important to be aware that this too presents a very difficult challenge. Too often feel that going to court is the best option without considering its downside. It is important to recognize that decisions made in court will be by a judge who knows very little about you, your children or your family circumstances. When the court becomes involved in these matters, the decision making is guided primarily by rules of evidence, precidents and legal procedure. The human elements that should be taken into consideration are often missed.
If a custody evaluation is not done properly, then the court may be relying on information that is incomplete or faulty. If you and your attorney are in strong disagreement with the evaluator's findings and recommendations. you must effectively challenge the evaluator on not only on substantive issues in the report but more importantly, on methodological flaws in his or her procedures.This is where a critique of your report may be helpful.
A divorce and trial consultant with expertise in conducting custody evaluations can conduct a thorough critique of a custody evaluation report and suggest to clients if there is a basis for challenging it. A divorce consultant will be able to review your file including investigations, testing and home studies that have been conducted by psychologists, social workers or other mental health professionals. A complete review would also include critiques of the evaluator's procedures, findings, and conclusions of the evaluations in question.
In many cases there are significant weaknesses in each area or the individual conducting the evaluation might not have sufficient training and/or expertise to offer the opinion he or she has made. There are instances when particular issues may have been overlooked (such as the parental alienation syndrome) and this may be the result of an evaluator's lack of expertise and experience in that area. On the other hand, some evaluators will dismiss or discredit a parent's concern such as the parental alienation syndrome without having the expertise that will allow them to do so.
An effective critique of a custody evaluation will provide divorce attorneys an opportunity to challenge a custody evaluation and prevent its findings from being given any weight in court. Attorneys can also be further assisted in preparing for an effective legal attack (i.e., development of affidavits/depositions or cross examinations).
Consultations can be conducted by telephone or in person. Quotations for consultation contracts are gladly provided without obligtaion following an initial free 15 minute consultation. For more information about our services and fees CLICK HERE
Parental Alienation Syndrome Consultations
The Parental Alienation Syndrome (P.A.S.) is becoming recognized as a serious negative outcome of divorce with potentially dangerous consequences to children and the targeted parent. In its most basic form, P.A.S. involves the deliberate severing of a healthy and positive relationship between a parent and his or her children where the children become actively involved in the relationship's demise. Unfortunately, parents, attorneys and judges are grossly under or misinformed about P.A.S. Because of that, P.A.S. is not identified in a timely fashion and appropriate interventions are lacking.
Parents who observe any sudden deterioration in their relationship with their children and where their children are overtly hostile without cause, should consider exploring the possibility that the P.A.S. may be developing - particularly if their separation is acrimonious.
A divorce and trial consultant with expertise in the P.A.S. will be able to assist parents identify if this is a valid concern and identify ways of sparing children the emotional pain and stress that result when they are caught in their parents' crossfire. A P.A.S. expert can help parents understand the harm being done to their children through their actions, helping them find peace and reassurance in leading a life separate from each other and helping them develop effective ways of co-parenting. The challenge for lawyers is to discern whether the actions taken and allegations made by a client are based on genuine concerns for their child(ren)'s safety and well-being, or motivated by revenge, leverage for child support, fear of losing his/her children and the role of father/mother.
Dr. Reena Sommer supports clients' and lawyers' efforts in addressing the enormous challenges associated with PAS cases. Here are some of the ways she can be of assistance:
providing coaching and support to parents who are wrongly denied access to their children
working with families to re-establish contact between children and parents
conducting PAS assessments to determine or discredit PAS and to ascertain whether allegations of abuse are bona fide or bogus
reviewing and critiquing assessments conducted by custody evaluators who have failed to identify PAS
consulting with lawyers on how to question suspected alienating parents and/or suspected alienated children and how to develop strategies for case development
providing expert testimony on PAS, parenting & domestic abuse
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