Children need.
. . THIS? standards
and practices in chld custody evaluations CHILD CUSTODY EVALUATORS: IN THEIR OWN WORDS
IMPORTANT NOTICE: here [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 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).
[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).
[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 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).
[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 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 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 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 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). [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 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 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 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 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). [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). [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). The last post above was a child custody evaluator who specializes in sex abuse allegations. He and others exhibit the very common MHP confusion over appropriate standards of proof when questionable behavior also could be a crime is raised in another milieu, requiring for all purposes the criminal standard of proof and a conviction, versus evidence (such as a confession) that otherwise should be adequate in civil court to take protective or compensatory action. Below, "overly" restrictive? Bias, anyone? Also see Self-Protection Above All [NOTSOANONYMOUS LISTSERVE]: "Anyone have research on the effectiveness (if that is even possible) of overly restrictive conditions of parole or probation on Sex offenders? For example if a Judge tells a defendant that the Conditions of probation (Child Porn conviction) will be that they can go nowhere where children are present (Grocery stores, wal-mart, parks, etc). Is there any research on whether this is effective management or whether this has a negative impact on the probationer?" (Missouri doctorate-level MHP, July 23, 2008). [ANONYMOUS LISTSERVE COMMENT]: "Baures v. Lewis, 2001, I believe now controlling in that state, happened to concern an older autistic child. It is another Burgess projeny with similar misinterpretation of the relevant research, but the reasoning was interesting. For your case, a risk assessment should focus on age of the child, special needs of the child, and need for two involved parents..." (Colorado doctorate-level MHP, January 21, 2003). 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). 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). 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) 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).
[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). 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) 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). 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). [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]: "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 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). [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 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 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 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). 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).
[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 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:
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]:
"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 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 the political fence the diatribes originate. What bothers me most is when professionals let gender politics drive their analyses of issues under the guise of what scientific research says about the issue. Case in point is the Wallerstein brief in Burgess (CA, relocation). Domestic violence and relocation appear to be the two places on custody issues where sides can become polarized with rigid mind sets." (Colorado doctorate-level MHP, January 21, 2003, who is politically active in reforming relocation and custody law in his state -- in favor of measures that promote father's rights -- as well as a signer on a brief in the subsequent LaMusga case in opposition to Wallerstein's brief. His comments were in response to a number of negative preceding comments on the listserve about a mothers' custody advocacy group which in turn followed a "heads-up" type posting of an article about the mothers' group by a Virginia doctorate-level MHP who herself is married to a noted father's rights activist!)
[ANONYMOUS LISTSERVE JOKE]: "TOP 10 SIGNS THAT YOUR SON HAS GROWN TOO OLD FOR BREAST FEEDING 10. He can open your blouse by himself. 9. While suckling at one breast, he caresses the other. 8. He has developed a bad habit of flicking his tongue. 7. He keeps slipping dollar bills in your belt. 6. He uses your milk as creamer for his coffee. 5. Your birth control pills interfere with his acne medicine. 4. After each feeding, he has a smoke. 3. He frequently invites his friends over for dinner. 2. You feel an uncontrollable urge to listen to Dueling Banjos. 1. Beard abrasions on areola." (California lawyer, June 2, 2001). [ANONYMOUS LISTSERVE JOKE]: "WORDS WOMEN USE... FINE This is the word women use to end an argument when they feel they are right and you need to shut up. Never use "fine" to describe how a woman looks - this will cause you to have one of those arguments... [etc.] Send this to the men you know to warn them about future arguments they can avoid if they remember the terminology!" (The listserve moderator, a California doctorate-level MHP, January 8, 2004). [ANONYMOUS LISTSERVE JOKE]: "I just got what I think is a very funny graphic file that is probably too large to send to the list. So I am offering it back channel to whomever requests it. Warning: this is sexist humor." (California doctorate-level MHP, January 27, 2006). [ANONYMOUS LISTSERVE
JOKE]: "Words women use FINE This is the word women use to end an
argument, when they are right and you need to shut up..." (Yes, a
redux, above, by the very same California doctorate-level MHP, February
11, 2007). [ANONYMOUS LISTSERVE JOKE]: "Blonde's Year in Review January Took new scarf back to store because it was too tight... " (California doctorate-level MHP who is neither cute nor blonde, March 21, 2007). (Appended after it was another blonde woman joke and a redneck animal-sex joke.)
[ANONYMOUS LISTSERVE
PISSINGANDMOANING OVER BREASTFEEDING STUDY
UNDER THE SUBJECT LINE "The great boob debate]:
"....you know as well as I do that the phrasing will show up in
court, so I wanted the documents on all sides. thank you for your help
in getting them! I had trouble with my husband's medline... (California
doctorate-level MHP, January 30, 2008).
LACK OF EXPERTISE BY REASON OF PROFESSION [ANONYMOUS LISTSERVE COMMENT]: "I reviewed a case where the evaluator had all sorts of methodological problems, testing errors, interpretation problems and strong indications of confirmatory biases... the parents were already doing a fair amount of exchanges with the kid... the evaluator criticized the mother for this situation (part of the confirmatory bias, in my opinion) and focused on how difficult it was for this kid to change so frequently... the evaluator then recommended a custodial arrangement that actually increased the number of exchanges... " (Florida doctorate-level MHP, January 14, 2007). [ANONYMOUS LISTSERVE COMMENT]: "IMHO science and the methods of science are inappropriate for custody determinations NOT because they will never achieve the predictive accuracy of physics, but because science is an inappropriate method of determining/predicting/controlling human values and behavior." (New York doctorate-level MHP, April 1, 2002). [ANONYMOUS LISTSERVE COMMENT]: "It's been my experience that most "experts" don't have a freak'n clue about BR scores... the study by Bow et al. (2005) made that pretty clear... I've heard "experts" testify that a 65BR was high on the MCMI-III because the mean is 50 and SD is 10... just like the MMPI-2..." (Florida doctorate-level MHP who reviews MHPs, February 12, 2007). [ANONYMOUS LISTSERVE COMMENT]: "Your comments resemble those of O'Donohue & Bradley (1999)... Their strong criticism of CCEs in general is based on the assertion of inadequate theory and methods. They point out a weakness is the limited time frame and the evaluator cannot follow a family over time and observe events. I believe unless we are going to set up video cams in the two residences we need to do our best to "clean up the data" which is inherently full of bias and distortion... O'Donohue and Bradley proposed a moratorium on all CCEs..." (Colorado doctorate-level MHP, January 12, 2003). [ANONYMOUS LISTSERVE COMMENT]: "hi all... a recent case of mine had me question the value of collateral and collaterally derived information... I've become leary of police reports, depositions, and interviews with collaterals, regardless of how neutral they may present themselves... whatever happened to the days in which a psychological evaluation included a clinical/psychosocial interview, some well-chosen, well-standardized tests, and the clinician's integrative/clincial skills... it seems that the more information invited, the more the evalaution loses its credibility... I can begin to see why it is so comforting to some to lose themselves in the microanalytic world of MMPI T-scores... and yes, I realize that our jobs as evaluators is not to find the truth, but to present scientifically grounded data, but I've begun to question what that really means... may the gods forgive me" (Florida doctorate-level MHP, January 25, 2004). [ANONYMOUS LISTSERVE COMMENT]:
"It is very difficult to catch someone who is buying pills illicitly,
whether on the computer, on the street or through cash transactions with
certain MDs and pharmacies. There comes a point at which we as CCEs have
to give up the notion that we are investigators. Take what you do have
and write your reports based on the information you developed, the parenting
behaviors you have forensically defensible support for and use your training
and experience to come to some opinions. That is the best that any expert
can do, certainty does not exist in our field." (New York doctorate-level
MHP, February 22, 2007).
[ANONYMOUS
LISTSERVE COMMENT]: "Parents don't get anywhere near my office until
the order is signed. Once it is signed, any observation -- whether in the
parking lot, the waiting room, wherever -- is grist for the mill. If I
got an order to evaluate a family and remembered seeing one of the parents
do something inappropriate in the parking lot, I might consider declining
the case due to having pre-evaluation information that could influence
my judgment. The key issue is whether the evaluator had been appointed
yet -- not where the observation took place. (California doctorate-level
MHP, July 4, 2005).
[ANONYMOUS LISTSERVE QUESTION]:
"...the parties are in separate residences. Obviously the bulk of
the young (under 6) child(ren)'s toys (video games, trains, dolls, books)
are on the shelves/in the room of the child(ren) in the marital residence.
The currently displaced parent (quite capable of purchasing a second
set of... name the object) insists that the currently residential parent
send over half of whatever ("After all they are Janie's/Johnny's
toys not ours... (and) "How could you be so selfish and deny...")"
(Florida doctorate-level MHP, March 1, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"Toxicology results can only reliably tell us about the presence or
absence of a particular substance at detection levels. Drawing levels on
substances that metabolize in a day or two, like opiates, is not particularly
meaningful. However, taking these substances has effects other than reducing
the experience of pain. It also effects the dopamine system which is heavily
implicated in prefrontal lobe or executive functions such as judgement
which encompasses parenting." (New York doctorate-level MHP who is
not a physician, pharmacologist, or toxicologist, February 20, 2007).
[ANONYMOUS LISTSERVE QUERY]:
"Does anyone have anything concrete on parenting/alcohol problems?
Like the porn as a deal breaker thread, I have a parent that although
he/she has four DUI's (over the course of twenty years) says that they
are not alcoholic, and I am looking for research on something tangible
here. No elevations on a valid MMPI-2. Nothing, Nada, Kaput..." (California
doctorate-level MHP, August 30, 2005).
[ANONYMOUS LISTSERVE COMMENT]: "As an evaluator, I'm not particularly worried about a single DUI... particularly if it was a while ago...now, get 17 and then I'm thinking that's a problem... Let's think about who gets a DUI...first, you need someone who comes into contact with law enforcement, like being pulled over or when they're in an accident... most folks with chronic alcohol problems don't have difficulties driving while drunk... I've spent enough time in the ER during my training and earlier years in practice to know that it's not unusual to find folks with BAL's of 0.35 and up...and they're pretty damn functional... it's folks who don't have enough practice at being drunk and driving that get nailed...or...people like the ones on this list who go to a party, have three or four drinks and then drive..." (Florida doctorate-level MHP, April 3, 2005). [ANONYMOUS LISTSERVE COMMENT]: "...the mother is denying her use of alcohol, (as well as her overuse of prescribed meds) so if I ask her psychiatrist if he has any information about her drinking, he would ask her, she would deny it and he has blindly accepted what she reports..." (Illinois doctorate-level MHP, September 11, 2006). [ANONYMOUS LISTSERVE COMMENT]: "Clearly, the Mom's Bipolar II and Alcohol issue impacted her parenting...but that's only my opinion..." (Florida doctorate-level MHP, February 9, 2007).
[ANONYMOUS LISTSERVE COMMENT]: "I have been in a number of matters where allied mhp's, licensed and experienced in their respective fields, had administered MMPI's and badly misinterpreted the results contributing to a flawed and problematic opinion. They routinely used the MMPI and other technical psychological tests and had significant forensic practices..." (Tennessee doctorate-level MHP, March 26, 2007). [ANONYMOUS
LISTSERVE COMMENT]: "I only see the kid with each parent. I think
setting up a session with the kid over whom they are fighting has the potential
for doing great harm to said kid." (California doctorate-level
MHP, July 6, 2005). [ANONYMOUS LISTSERVE COMMENT]: "It raises an interesting issue for folks who send home questionnaires... you send home __'s 40 pager, and the parent is supposed to fill it out... supposed to..in the case of a pro se litigant -- and when that parent's a lawyer -- the parent and attorney are completing the questionnaire... same with the testing taken at the office... So far, I've never seen any caveats in a report by those who send home such questionnaires... caveats about not knowing who filled out the information, and the possible threats to reliability/validity of the data...interesting... but I do hear folks say "it's just another piece of data"... I love that... somehow, that makes it ok to do and not comment about the limitations of the data..." (Florida doctorate-level MHP who specializes in psychometric testing, August 11, 2006). [NONSOANONYMOUS LISTSERVE]:
"...my point would have been better said had I clarified that personality
test "data" are to be used "by psychologists" for hypothesis
generation as opposed to hypothesis testing." (Colorado doctorate-level
MHP, February 20, 2007). [ANONYMOUS
LISTSERVE QUESTION]: "What can anyone tell me about any research
in this area for non-white populations (in this case, native Canadian male)?
What, if anything, can we say about elevated or non-elevated (normal) scores?
In the case at hand, I have a very high L (92) , with R (67), Mp (76),
K (70) and S (74), along with clinical scales all hovering around 50."
(Canadian doctorate-level MHP, April 3, 2007).
LACK OF SUBJECT MATTER EXPERTISE [NOTSOANONYMOUS
LISTSERVE QUESTION]: "Folks, Here is a 2 part question: 1. Is there any good empirical literature on the co-occurance of domestic
violence against a spouse and child physical abuse? 2. If you were assessing a family where the father had a history of DV
there was a divorce and he wanted unsupervised visitation, how would you go about assessing risk?" (New Hampshire doctorate-level MHP ABPP (Forensic), July 22, 2009).
[ANONYMOUS LISTSERVE REQUEST]:
"I would very much appreciate it if any of you would forward on to
me any strong references (including studies) about custody plans per age
and stage of development of the child." (Louisiana masters-level MHP,
June 15, 2001). [ANONYMOUS LISTSERVE COMMENT]: "Joan Kelly, PhD will be doing a half-day training in Santa Fe, NM titled, "Using Child Development Research to Develop Age-Appropriate Custody and Visiting Arrangements," Friday, February 28..." (New Mexico doctorate-level MHP, January 20, 2003). [ANONYMOUS LISTSERVE MODERATOR]: "___'s reading of my post was correct. I have no intention of booting him (or anyone else) who's qualified off the list. I know other people -- ___, ___, the infamous Liz -- have agendas for being provocateurs; I just didn't understand why ___, being 'one of us', would want to be on the list in the same role. But if he does, so be it. I imagine we each have our idosyncratic preferences..." (List moderator, doctorate-level MHP, June 9, 2001, who five years later, long after two of the three persons mentioned were gone, suspended Liz from list participation unless and until she assented to the notion that everyone on the listserve was there for the purpose of doing well by children and stopped making "personal attacks", i.e. pointing out when various posters' words or stated acts appeared to be lacking in veracity, logic, competence, neutrality, fairness and/or appropriate motives.) [ANONYMOUS LISTSERVE COMMENT]: "In the past, I've asked the list for references to cite in appellate briefs (most of which get posted by West on the internet when the decision is issued). I have summarized the facts of the case that relate to the issue at hand, and then asked for research to cite to the Court of Appeal." (California lawyer, August 11, 2006). [ANONYMOUS LISTSERVE COMMENT]: "...when I evaluate a family with children younger than 10 or so, I retain (and pass on the cost of) a child psychologist. While I know a great deal about child development, the affect of divorce on children, etc., I am not a child psychologist, and the evaluation is too important to take a chance that I might miss something significant." (Wisconsin doctorate-level MHP, February 11, 2007). [He said WHAAAAT?] [NOTSOANONYMOUS LISTSERVE QUESTION]: "...question. I completed a presurgical psychological evaluation prior to gastric bypass surgery the other day. The client presented as a woman but is actually a man that is looking into sex reassignment surgery a year or so down the road...When plotting the MMPI do I use male or female graph? Same question regarding male/female norms on the other tests..." (Doctorate-level MHP, February 14, 2007). [ANONYMOUS
LISTSERVE REQUEST]: "My apologies if this has been recently covered,
but I am looking for some cites on how a parent's depression (long-term
major) effects the children. I searched the archives and came up empty
- except for a post from ___ saying that there is research on depression
and parenting." (Louisiana masters-level MHP, June 13, 2001).
[ANONYMOUS LISTSERVE REQUEST]:
"I received an inquiry from an attorney requesting information pertaining
to what defines "stability" for a five-year-old... Any thoughts,
references to share?" (Illinois doctorate-level MHP, June 13, 2001).
[ANONYMOUS LISTSERVE QUERY]: "I have some parents who are blaming each other for their children's bad behavior. The kids are boys 7.8 and 10.6 years. The kids are cute enough, not funny looking, normally intelligent, and do not show any symptoms of major mental illness. Teacher ratings describe them as too aggressive and under socialized. They have been living mostly with mom... Mom's home is disorganized... Dad's home is tiny, cluttered, unclean, smells bad... On the usual tests where the kids could show some impulsiveness that would hurt their success, they showed only a little impulsiveness (E.g., answering before the question was finished). They show no in-office symptoms of hyperactivity or other impulsive disorders. When I gave the softest reprimand I could for them violating a social-personal boundary, the child was upset and was still a little ashamed a week later (Thus suggesting that they are responsive to direction and criticism). This one was still violating personal boundaries a week later too. I think they might be simply under socialized. They may never have had an adult consistently teach them civil behavior. How do I measure their degree of socialization and compare it to "normal" developmental curves..." (Texas doctorate-level MHP, June 14, 2001). [ANONYMOUS LISTSERVE QUERY]: "Does anyone know about the number of sessions for effectively treating children? I seem to remember 8 to 10 sessions for maximizing results; then their progress diminishes as well." (Virginia doctorate-level MHP, June 14, 2001). [ANONYMOUS LISTSERVE COMMENT]:
"No amount of money can predict the inherently unpredictable. We've
only just begun. What little knowledge we have is primitive. I sometimes
imagine the body of knowledge psychologists now hold is comparable to the
body of knowledge held by physicians in, say,the sixteenth century. (New
York doctorate-level MHP, April 1, 2002). [ANONYMOUS LISTSERVE QUERY]: "I know we have been over this, but in the context of a CCE how does one describe the scientific basis of the importance of siblings..." (Colorado doctorate-level MHP, December 26, 2003). [ANONYMOUS LISTSERVE QUERY]: "I could use some input here... mom... and her significant other are planning a quick wedding because she is pregnant... She and now husband-to-be (a professor at a Catholic university) are coming in to meet with me to talk about ways to approach this with the two kids..." (Doctorate-level MHP, January 14, 2004). [ANONYMOUS LISTSERVE REQUEST]: "Can anyone provide me with a recent article that addresses the effects of co-habitation (as opposed to marriage) on children? Or impact of step-siblings on children?" (Illinois doctorate-level MHP, February 27, 2005). [ANONYMOUS LISTSERVE REQUEST]:
"I will be starting an internat'l move away CCE. Parent has moved
to country that is in the Hague Con. Are there any issues that need to
be addressed that would be differnt than a local move away? Provisions
that need to be considered in the recommendations? I've already thought
about time distance and cost of visitation." (California doctorate-level
MHP, February 27, 2005). [ANONYMOUS LISTSERVE REQUEST re two readily-available law review articles]: "Can anyone come up with either of these article for me, or tell me where I might be able to download them?" (California doctorate-level MHP, December 26, 2005). [ANONYMOUS LISTSERVE REQUEST]: "Can you find this article?" (Georgia doctorate-level MHP, January 14, 2007).
[ANONYMOUS LISTSERVE
REQUEST]: "Under what circumstances, if any, is it possible for minors
to seek psychological treatment in confidence, without the knowledge or
consent of their parents? And what about access to medical/records without
parental consent?" (New York doctorate-level MHP, January 27, 2007). [NOTSOANONYMOUS LISTSERVE COMMENT]: "I really think a great study in all this is the movie "Goodwill Hunting." There you see the mixture of everything you're talking about here, J--, with a client who didn't initially show an initiative or a desire to change and in fact was openly resisting it. The therapist in the movie, at different times and as called for by what was going on with the client, showed exactly the combination of warmth, genuineness, compassion, empathy, and confrontation (and yes, even at times hostile confrontation) you're talking about here. There wasn't an overreliance on any one of these therepeutic strategies, but rather a flexible use of them based on what what was going on in the relationship and what, at any particular moment, would be therapeutic. (Doctorate-level MHP, October 28, 2009). [ANONYMOUS
LISTSERVE COMMENT]: "I'm wondering why [some of you think] it's
not helpful to observe parents teach children to fish... I've found
it very interesting to see what parents come up with when given the albeit
overly general directions to "bring something to teach your child.'
Whether or not the "something" is age appropriate, something
the kid is interested in (or not), how patient the parent is when the kid
really screws something (like dad's brand new camera) up, or even how it
made me tear up a little when a dad taught his two adolescent sons how
to tie a necktie... I think it's been very insightful... not the holy grail,
but what is???" (California doctorate-level MHP, July 6, 2005)
[ANONYMOUS LISTSERVE COMMENT]:
"I think that, just as with any other test procedure, the MCMI-III
can be used as a cross-validation technique to assess pathology or the lack
thereof. On the outside chance that a parent would produce a valid
profile (which I have actually seen happen on rare occasions), the MCMI-III
could provide interesting personological information. Just because
a parent is not in treatment does not mean s/he shouldn't be." (California
doctorate-level MHP, February 11, 2007). [ANONYMOUS LISTSERVE COMMENT]: "The precursors of social scientists began to imitate the methods of physics and the sciences around the late 1700s (see A. Compte, for instance). The hope of social scientists then (at first they were called "Moral Philosophers," and were not called "scientists" until the 1800s, when the word "scientist" was coined) and now was that by imitating the "hard" science, eventually social science will achieve the success of, say, phyics or biology. I believe that goal is an unachievable illusion. I believe the subject matter of study of the "hard" sciences and the social sciences are so fundamentally different that the same methods cannot achieve the same level of success in both." (New York doctorate-level MHP, April 1, 2002). [ANONYMOUS LISTSERVE COMMENT]: "One issue was overnights for a 21 month old boy. Mother was strongly opposed. Father alleged a long pattern of mother making contact difficult and transitions were being sabotagued by her. Mother said the boy did not want to go with father. The judge I believe was impressed by my description of the transition at my office. Mother had dropped child for the father-son observation session. When she came to pick him up she entered the office reception area without saying a word, angry look on face, and literally snatched the child from father's arms and left. Case is over. Father gets overnights and a graduated increase to overnights and weekends to the goal of equal parenting time when Kindergarten starts." (Colorado doctorate-level MHP, January 23, 2003).
[ANONYMOUS
LISTSERVE COMMENT]: "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, that is the multidimensional outcome
of a variety of influences..." (New York doctorate-level MHP, August
9, 2006). [ANONYMOUS LISTSERVE COMMENT]:
"I have written quite a bit about restraint and intrusiveness. Nonetheless,
there is a body of experience and expertise of what works.,," (California
lawyer, June 9, 2001). [ANONYMOUS LISTSERVE COMMENT[: "First you expand the garbage so that it takes up more room. More is better. Then you package it with attractive words, preferably BIG attractive words, because then it is hard to know that there is garbage inside and the insulation retards rotting. Then, you give it to the recipients with a gigantic flourish, sometimes spraying O de toilet on the package to add a pleasant odor. Then you say, 'Oh, Your Excellencies and Your Eminences, this was one of the most difficult and complex evaluations I have performed in my 105 years of doing such evaluations. But, I have found the primal causes for the conflicts and my opinions may provide lasting peace for the positive growth and development of the little ones.' You then hand over the report. When questioned about the MMPI-2 results you invoke the five Gods of MMPI-2 CEU profiles and say, 'It is clear your Highnesses that these profiles are typical of those obtained from persons who are evaluated in the course of a highly conflicted custody battle. Such people are known to respond to the situation by becoming highly overwrought. I have removed the overwroughtness from my interpretation of their MMPI-2s, which is shown in their elevated L, K and S scales, and I have given you the essence of who they are under more usually circumstances. That is to say, were they not involved in this dispute with one another over custody of their children they would be the calm, empathic, attuned parents and citizens of the world that they usually are.' " (California doctorate-level MHP, April 10, 2007). [NOTSOANONYMOUS LISTSERVE REQUEST]: " Hi Gang, I need a citation for the fact that insight can follow behavior change. I know that cognitive therapy and other forms of behavioral intervention are built on that, but if you were going to cite the idea, where would you credit it? Thanks much" (California doctorate-level MHP, December 20, 2008). [ANONYMOUS LISTSERVE COMMENT
from listserve administrator]: "I have a 3 page pdf titled "Custody
Disputed" by Randy Otto & 2 other people I've never heard of (Robert
E. Emery & William O'Donohue) that is a scathing indictment on the
lack of scientific rigor in CCEs. If you want it, send me a back channel
email." (California doctorate-level MHP, October 1, 2005). [ANONYMOUS LISTSERVE COMMENT]
: "Knowing how the average depressed parent may or may not be
able to meet the needs of the average 7 year old, as compared to a non-depressed
average counterpart parent, has negative value (due to it impairing my
objectivity and confirmatory bias effects) in determining the best outcome
for 7 year old Johnny and his parents." ... relying upon
such data to the slightest degree will unleash this monster to run amuck
in the courtroom." (Oklahoma doctorate-level MHP, February 15, 2007).
[ANONYMOUS LISTSERVE COMMENT]: "The MMPI is not a particularly reliable instrument, in the opinion of many, it is conceptually outdated, and, at best, can only be used to generate hypotheses that need independent corroboration. You have none. The SZ scale elevation is not clinically significant, IMHO." (Illinois doctorate-level MHP, June 8, 2001).
[ANONYMOUS LISTSERVE COMMENT]:
"My first order of referral, circa 1993, included a request that I
use objective psychological testing and listed the MMPI, the PORT, and
the BPS. I know how to follow an order and duly purchased the Bricklin
kits. (I was already familiar with the MMPI-2.) A couple years later I
bought Bricklin's The Custody Evaluation Handbook, Research-Based Solutions
and Applications, hot off the press. The references to Neuro-Linguistic
programming aside, and that's a large aside, help me understand the research
that belies these measures. The book doesn't come close. I have been tremendously
disappointed by the lack of research, heck the lack of face validity of
these "measures." Correct me if I am wrong but Bricklin's
MO is to reference "research" that upon closer inspection turn
out to be small pilot studies, at best, and would not pass muster in
a 1st year graduate research course." (Tennessee doctorate-level MHP,
May 27, 2004). [ANONYMOUS LISTSERVE COMMENT]: "There are numerous problems with the Abel not the least of which is that the decision paradigms are trade secrets, they have never been published and have never been scrutinized by peer review. Someone administers the instrument, sends the raw data to Abel and they run their stats and interpret the results. The practitioner essentially never knows how a particular result was achieved." (New York doctorate-level MHP, June 7, 2005). [ANONYMOUS LISTSERVE COMMENT/INQUIRY]:
"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?" (Michigan doctorate-level
MHP who specializes in child sex abuse accusation cases, usually on the
defense side, August 10, 2006). [ANONYMOUS LISTSERVE COMMENT]: "I stopped using the SASSI-3 after a father who had failed three outpatient tx. programs and came to take his pencil-paper testing with alcohol on his breath scored as not having an alcohol problem on this instrument." (Doctorate-level MHP, February 28, 2007),
[ANONYMOUS LISTSERVE COMMENT]: "[B]ottom line, there are custody evaluators using tests who aren't competent to do so... More importantly, we have no clue how these people would respond to the test questions if they weren't in danger of "losing" a custody battle... or in the case of a dependency case, how they'd do if they weren't in danger of losing parental rights completely... The context or demand characteristics of the context are incredibly powerful... so much so that even victims of DV who are experiencing a multitude of symptoms are able to produce a profile that's similar to other non-DV victims... I take a hard-line stance on testing issue because I've seen too of what I would consider incompetence...pure and simple... and what's worse, the Court, the attorneys and the parents don't know it unless it's brought to their attention through rebuttal testimony... yes, I'm aware that testing is but one element of a custody evaluation... but... when the evaluator uses the tests inappropriately or doesn't know how to interpret the tests without a computer generated interpretation, the hypotheses and resultant recommendations are flawed... " (Florida doctorate-level MHP, April 7, 2005). [ANONYMOUS LISTSERVE RESPONSE to an inquiry re testing]: "I ...can't think of any tests in psychology that are so actuarial and so tightly linked to a specific behavioral criterion that they are, in effect, self-interpreting. Actually, most psychological tests involve the application of constructs rather than behavioral criteria, and the meaning of the constructs in particular contexts is always open to considerable interpretation." (Michigan doctorate-level MHP, December 30, 2005). [ANONYMOUS LISTSERVE COMMENT]: "I recently testified in a case in which the testifying expert agreed that the technique he used was not reliable and was not statistically valid but that he found great value in the information generated by the technique. He testified that just because something is not reliable does not mean that it cannot be valid." (North Carolina doctorate-level MHP, February 1, 2007). [NOTASANONYMOUS LISTSERVE COMMENT]: "In Illinois and other states, there are evaluators who use 3 and sometimes 5 actuarial instruments. That way at least one of them will put the respondent over the 50% mark. You can call this the shotgun approach or maybe the poison, shoot and firebomb, just in case." (Iowa doctorate-level MHP, February 2, 2007). [ANONYMOUS LISTSERVE COMMENT]: "With nothing in front of him/her but the manual, a good cross-examining attorney can have a field day with an evaluator who has used the MCMI-III. Re-read the beginning sections of the manual to get a feel for what you could be in for. An attorney with the manual and the SEPT can have even more fun. There are several things to consider in selecting assessment tools. One of the things to consider is "tactical" -- even if I find it useful, what will my life be like on the stand if I'm asked to defend my use of it? I don't think that the Millon passes the "tactical" test. I recommend the PAI (along with the MMPI-2)" (New Jersey doctorate-level MHP, February 11, 2007).
[ANONYMOUS LISTSERVE RESPONSE]:
"Maybe I'm missing something... but... when you have data like you've
described, then why even give the SASSI-3 or any other alcohol/substance
abuse scale... the tests are supposed to be used to generate hypotheses
and then extra-test behavior is used to either support or dismiss the hypotheses...
you've got the behavior suggesting a problem and they you're seeking to
support that with the testing?... you seemed to be working backwards..."
(Florida doctorate-level MHP, March 1, 2007).
LACK OF UNDERSTANDING OR APPRECIATION OF DUE PROCESS [ANONYMOUS LISTSERVE COMMENT]: "I would challenge you that a refusal to take a drug test... can simply be discounted ("not held against them")... you have suspicions of substance use/abuse. I can hardly see how a refusal could alleviate those suspicions. No matter how positive we can try to be about evaluee self determination the nagging question... if they're clean like they claim to be why won't they just demonstrate it?... It's one thing to take a stance on an issue in general regarding personal privacy. It's another when there is a microscope focused on you as a parent and you fail to do everything in your power to demonstrate your fitness as a parent." (Texas doctorate-level MHP, March 26, 2007). [ANONYMOUS LISTSERVE COMMENT]: "When you consider all of this, you realize that those of us who have some education and some respect for science and rationality live in a very small and isolated world. The idea that most other people are like us in this respect is really a ridiculous fantasy... Accordingly, we have trouble empathizing with people who have grossly misguided fixed ideas. Some of them are paranoid. But many more are just stupid -- and often very emotional on certain topics." (California doctorate-level MHP, January 24, 2003). [ANONYMOUS LISTSERVE QUERY]:
"I would like to know how others have dealt with subpoenas in their
stips. Anyone willing to share? At this point I may state in my stip that
subpoenas be served by mail with a call to let me know it was sent, as
I have 2 offices. L.A. folks any problem with requiring a subpoena be served
by mail only?" (California doctorate-level MHP who had been the court-appointed
"neutral evaluator", now angry and embarrassed that one of the
parties' lawyers had the unmitigated gall to serve her with a subpoena
in the ordinary way, August 10, 2006). [ANONYMOUS LISTSERVE COMMENT]: "I am actually teaching the class at the National Council of Juveile and Family Court Judges' Fall College. Their Child Development guide is from 1993, only available in photocopy form, and currently out of stock. I have been told the level of sophistication is relatively low." (Nevada doctorate-level MHP, August 15, 2006 seeking syllabus suggestions). [NOTSOANONYMOUS LISTSERVE COMMENT]: "The article addresses, I believe, the sometimes sharp divide between judicial decision-making and expert-witness decision-making. Judges, after all, are ultimately political figures, they seek to represent the collective social values of the community. We on the other hand represent the intellectuals in the process." (New York doctorate-level MHP, August 6, 2007). [ANONYMOUS LISTSERVE COMMENT]: "The education of judges, attorneys and ourselves is a never ending process. I was recently in Virginia to testify as an expert witness relative to gay/lesbian parenting and child custody/visitation issues... Within seconds, it became clear that the judge did not want to hear from an "outsider" (I am from Atlanta) and said that he would be more interested in hearing from me if I had seen the child in question. I had evaluated NONE of the parties involved but was to testify about the field. The judge and the "other" attorney seemed to become hung up on what I knew about standard of care in western Virginia and Virginia." (Georgia doctorate-level MHP. June 3, 2001). [ANONYMOUS LISTSERVE QUERY]:
"I have a case in which Mom has said that Dad committed some pretty
sadistic sexual stuff against her. Presumably the kids (young teens) do
not know about this... She is concerned about this information getting
into the report, as Dad shares everything with the kids & they will
learn about it...I believe the information is relevant to the custody issue.
I thought about contacting the judge & asking if I could distribute
the report only to the judge, & I also thought about referring to the
information in the report in vague terms & giving the judge a description
of the details, not to be given to the parents or their attorneys.
I consulted with someone who thought the secrecy (hiding the issue) is
also an issue, & the information should be included in the report &
the report distributed as usual..." (North Carolina doctorate-level
MHP, May 1, 2004). [ANONYMOUS LISTSERVE COMMENT]:
"APA ethics instruct us to follow State laws. This law was passed
prior to HIPAA being enacted. It is more protective than HIPAA and therefore
has precedence over HIPAA." (Florida doctorate-level MHP, May 29,
2004). [ANONYMOUS LISTSERVE COMMENT]: "These issues tend to get polarized, so in the interests of keeping both the child's need for protection and the parent's need to be informed front and center, I think it is important to say that the court's intent should... be protecting the child... the bottom line, the gold standard.. I think our society resolved this dispute about, if my memory serves, 30 years ago with the passage of the legislation that established the state's right to protect children (what's the precise name of that act?) I think the issues we are dealing with in family law should be related to that social policy, and not to anything more amorphous, however well-intentioned." (New Jersey doctorate-level MHP, May 29, 2004). [ANONYMOUS LISTSERVE QUERY,
similar to literally hundreds posted to the list over a 5-year period,
in which the author tracked this issue in both MHP discussion groups as
well as real-life cases, in which yet another MHP doesn't want to release
that ostensibly special evidence that only an MHP should be permitted to
possess]: "I have a question regarding release of records obtained
during a child custody evaluation. I am reviewing the records of another
psychologist who conducted a child custody evaluation. In the course of
the evaluation, records from the treating physician for one parent and
the child were obtained directly from the psychologist. I received a copy
of the psychologist file... In reviewing the case with the attorney
who retained me it became clear that he did not have copies
of the physician records. He is asking that I release these records.
I am unclear if I can release records to the attorney." (California
doctorate-level MHP, January 25, 2007).
[ANONYMOUS LISTSERVE QUESTION]: "Does any know the definitive word about whether psychologists in CA are allowed to release psych test data to attorneys (that is, to follow the 2002 APA ethics code). As I understand the CA rules, the APA ethics code is part of the rules psychologists live by yet there is some confusion." (North Carolina doctorate-level MHP, February 28, 2007). [ANONYMOUS LISTSERVE INQUIRY]:
"...report is entered, the case is done, the court issues and enters
a final order. About six months later an attorney calls claiming to represent
one of the parties and demands a copy of the report. First, we ask for
verification of who the attorney is and who is being represented. Assuming
the attorney actually is an attorney (this is from another state) and actually
represents the party. should the report be released?" (Florida doctorate-level
MHP, January 8, 2004). [ANONYMOUS LISTSERVE COMMENT]:
"I am in the process of reviewing a report prepared by a custody evaluator.
Printed on each page entirely in caps, in large print, and bolded is the
unambiguous message: 'Not to be released without written permission of
all parties..." (New Jersey doctorate-level MHP, January 17, 2007).
[ANONYMOUS LISTSERVE COMMENT]: "The CA Family Code requires evaluators to review the CPS file, but does not allow us to make a copy of the file. (We are allowed to make notes from it, I guess.) In addition to the obvious costs associated with having evaluators drive out to CPS offices and CPS staff giving access to the file, there is a serious scientific validity problem. If I review the CPS records at Time A, something that is not salient to me then may be salient to me at Time B, when I have more information. If I'm not allowed to have the records to review at various times, or prior to drawing conclusions about the case, there is a real risk of loss of information. The unfairness of holding me responsible for information that I only get the opportunity to see once, and cannot copy, is obvious..." (California doctorate-level MJP, February 21, 2007). [ANONYMOUS LISTSERVE INQUIRY, topic of repeated discussion over the years]: "How do you retain "raw data" as privileged (and only released to experts who will maintain test security and presumably not misuse or misinterpret data)..." (Tennessee doctorate-level MHP, May 29, 2004).
[ANONYMOUS LISTSERVE COMMENT]:
"The attorney is perfectly capable of buying the manuals if he/she
needs them. I wouldn't turn over a manual any more than I would give out
any other books off of my shelf. At most, supply the references and where
the manuals may be purchased." (Texas doctorate-level MHP, February
18, 2005). [ANONYMOUS LISTSERVE REQUEST,
similar to hundreds made on the anonymous listserve over nearly six years,
perhaps thousands if "backchannel" requests and multiple requests
per article were to be counted]: "I am interested in obtaining a copy
of the recently cited study concerning grandparents involvement in: J Family
Psych (2002)... I do not subscribe to this journal. Can anyone email or
fax me a copy?" (California doctorate-level MHP, January 31, 2003). ANONYMOUS LISTSERVE REQUEST]: "Would anyone on the list who has access to the American Journal of Psychiatry please contact me backchannel." (Texas doctorate-level MHP, February 15, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"It is because of just this problem with pro se parents (who, I believe,
are entitled to the report because they are their own attorneys), I refuse
all pro se cases. If a parent goes pro se mid-eval, I make a case-by-case
decision since by then I have some sense of the kind of person I'm dealing
with.." (New Jersey doctorate-level MHP, June 6, 2001, who refuses
to release her custody evaluation report under any circumstances in which
the principal in the attorney-client agency relationship might get a copy).
{ANONYMOUS LISTSERVE COMMENT]:
"When I have a legitimate concern about possible or probable harm
in releasing the report, I indicate this concern in the report and put
the burden on the attorneys to use good judgment. If one or both parties
are pro per, I release the report only to the court (possibly sending only
the recommendations to the attorney/pro per), along with a letter explaining
the problem and asking the court's guidance as to whom to release what.
Of course, I copy the pro per and attorney so that they are appraised of
the situation and either may bring a motion before the court to resolve
the problem." (California doctorate-level MHP, June 11, 2001). [NONASANONYMOUS LISTSERVE COMMENT]: "In one case, I wrote to the judge, expressing concern that the information could prove harmful if released to 'the wrong people.' The judge allowed me to send the information to him, & it was retained by the court, sealed. The attorneys looked at it there." (California doctorate-level MHP, February 2, 2007). [ANONYMOUS LISTSERVE QUERY]:
"I am working with a divorced couple... two teenage girls... reside
with one parent... The non-residential parent pays child support to the
residential parent. They are struggling with expenses that seem beyond
normal daily expenses, such as prom dresses, volleyball camp, special trips
out of town, etc.The parent who pays child support is of the opinion that
all those expenses should come out of child support, but the other parent
thinks that those expenses are beyond child support and that they should
be shared equally." (Doctorate-level MHP, June 2, 2001).
[ANONYMOUS LISTSERVE COMMENT]: "Custody Evaluation = voluntary or involuntary exposure to a one time intervention, with no confidentiality expectation, that may recommend one or more of the first three interventions in the context of best interests of the child." (Pennsylvania doctorate-level MHP, January 18, 2004). [ANONYMOUS LISTSERVE QUERY]: "A colleague has asked my opinion on this issue, and I don't think I've ever thought about it before: he is the therapist for a highly contentious post-divorce couple. They have returned to court 32 times on one issue or another. My friend is growing frustrated because he has no authority to make change happen, he can only work with the couple to help them grow themselves. In talking about the case, I said I thought he should switch to being their Special Master." (California doctorate-level MHP, December 23, 2005).
[ANONYMOUS LISTSERVE COMMENT]: "If a custody evaluator hasn't kept up on potentially-relevant diagnoses and isn't used to thinking in diagnostic terms, he or she should probably not make a diagnosis without consultation. The appropriate recommendation would be that there be a formal evaluation of the individual by a psychologist or psychiatrist who regularly does such evaluations to ascertain whether a parent has a disorder to a degree that may have a significant negative affect on the child(ren)." (Wisconsin doctorate-level MHP, February 11, 2007).
[ANONYMOUS LISTSERVE
COMMENT]: "...I think that we can at least say something about the
red flag that this kind of event raises: the step-parent's failure to participate
means you cannot report fully..." (Texas doctorate-level MHP, November
9, 2007). [ANONYMOUS LISTSERVE INQUIRY]:
"I received a subpoena Duces Tecum today for my notes, records, etc
in a case where I am the court ordered therapeutic interventionist assigned
with doing reconciliation counseling. If I work for the court/TOF in this
case, how do I argue EFFECTIVELY that my notes are "work product"
to prevent them from being obtained?" (Arizona masters-level MHP,
May 29, 2004). [ANONYMOUS LISTSERVE INQUIRY]: "A friend of mine, who had done a number of CCE in Illinois, moved to another state 6 months ago. She said she gave 6 months notice to all participants about the move. I believe she completed all CCE's before leaving. She now reports that she has been ordered back to Illinois to give a deposition and the judge has refused her request to have the parties pay for her air fare and lodging. Does the judge have the power to order her to comply now that she lives in a different jurisdiction?" (Illinois doctorate-level MHP, January 19, 2006).
{ANONYMOUS LISTSERVE QUESTION]: "Can anything be done about being served with a custody related subpoena at your personal unlisted residence... If so served, what might you do?" (California doctorate-level MHP, February 3, 2007). Note to all parents, public, lawyers and judges: Prof. Hagen currently is offering a FREE DOWNLOAD pdf file from her website. GET IT, READ IT. If you're short on time, read the beginning and Chapter 8. -- liz [ANONYMOUS LISTSERVE QUERY]:
"Someone has asked me if there has been some kind of policy change
in New York (either by case precedent or policy of a professional organization)
that would have the effect of precluding a psychologist from making a custody
recommendation, even from the position of court-appointed evaluator. Do
any of you know anything about this? ...It was also suggested that some
kind of policy put out by APA on this issue, suggesting that psychologists
have no more expertise than lay people to make such recommendation..."
(California doctorate-level MHP, December 25, 2003).
[ANONYMOUS LISTSERVE REQUEST]: "Could any of you in states who have such statutes... protecting CCE's from Board complaints... email me copies of your statutes? And I suppose any other info that would be helpful in supporting such legislation. I am starting to talk to some folks in CA about introducing such legislation... so would be extremely helpful to see what other states have done. Also, do any of these statutes provide protection for psychologists who do court-ordered therapy in family law cases, or just CCE's?" (California doctorate-level MHP, January 16, 2004). [ANONYMOUS LISTSERVE COMMENT]: "I'm gradually realizing that a recommendation admired in one jurisdiction might be disdained in another. I'm taking more care to learn about local custom before making recommendations." (California doctorate-level MHP, May 25, 2004). [ANONYMOUS LISTSERVE COMMENT]: "The ongoing references to board complaints and exposure in CCE during the conference was unsettling." (Tennessee doctorate-level MHP, May 26, 2004). [ANONYMOUS LISTSERVE INQUIRY]:
"So what would you advise in this situation: Judge changes custody
and orders that the parent who lost custody have no contact with the children.
Judge appoints a therapist for now custodial parent and children. In the
order, gives the therapist the right to decide which members of the family
to see, including the parent who lost custody if deemed therapeutically
advisable. The order also gives the therapist the right to decide whether
or not confidentiality should be violated in the best interests of the
children. Parent who lost custody is appealing. The record indicates that
the parent who lost custody has a history of making unsubstantiated and
legally dismissed allegations of various sorts to various relevant authorities...
The therapist does not think it is advisable to involve that parent in
the treatment at this point. The rationale is that the children are just
beginning the process of adjusting to the change and the therapist's role
is to foster that adjustment. Would best risk management practice... be
for the therapist to initiate contact or not with the parent who lost custody?
Does initiating contact trigger a duty of care? Does not initiating contact
violate any parental rights or other obligation to the parent? Other issues?"
(New Jersey doctorate-level MHP, May 29, 2004). [ANONYMOUS LISTSERVE QUERY]: "Hi all, Do any of you know what the latest pronouncements are from APAIT regarding insurance coverage for parent coordination?" (California doctorate-level MHP, February 2, 2007). [ANONYMOUS LISTSERVE QUESTION]: "I have a friend who's had 3 board complaints in CCEs and is looking at a likely fourth. All 3 have been dismissed with no sanction by the board. Large legal bills to defend the complaints have all been covered by the same insurer, about $35K total. My friend fears that there may be a point where malpractice insurers refuse to renew coverage simply because of a certain number of claims.." (Missouri doctorate-level MHP, February 2, 2007). [ANONYMOUS LISTSERVE QUERY]:
"Moreover, if someone actually rules that PC is not the practice of
psychology, is the psychology malpractice carrier still obliged to defend
us?" (California doctorate-level MHP, February 5, 2007). [ANONYMOUS LISTSERVE COMMENT]: "We have a local evaluator who makes the litigants sign a statement on the last evaluation day that says the evaluation was competent, fair and they have no concerns...of course, if there's a review, he parades the signed statement "proving" there's no problems..." (Florida doctorate-level MHP, February 6, 2007). [ANONYMOUS LISTSERVE COMMENT]: "Right. And that's the reason that I have such trouble with ___ (or anyone) taking the position that PC is not the practice of psychology... Should ___ prevail in his position and obtain a ruling that PC practice is not the practice of psychology, he may well undermine insurance coverage for all psychologist PC's in his own state as well as others." (California doctorate-level MHP, April 17, 2007). [NOTSOANONYMOUS LISTSERVE COMMENT]: "PSYCHOLOGIST SELF-PROTECTION OVER THE EDGE: THE ABSURDITY OF 911 VOICEMAIL WARNINGS Alan Karbelnig, Ph.D. National Psychologist, May/June 2007 Hopefully signaling the peak of an epidemic of excessive self-protection, many psychologists now sport recorded voicemail messages that advise callers to hang up and dial 911 in case of medical emergency. Such warnings presumably inform unwitting callers that psychologists cannot provide emergency medical services. These 911 outgoing messages must be proliferating out of fear that psychologists could be sued by someone who expected to find cardiac defibrillation, gastric lavage, suturing, or other emergency medical procedures at the end of psychologists' phone lines. Failing to do so, these psychologists fear, callers could become injured in some fashion and then sue them for negligence. Yet no such legal, ethical, or commonsensical protective standard for psychologists exists...". [ANONYMOUS LISTSERVE COMMENT,
referring to a news story about arrest of a noted child custody psychologist
for allegedly outrageously violating a woman's privacy by secretly videotaping
her using the toilet in his office bathroom -- bothered NOT by the
incident or the egregious apparent violation against this woman, but that
the psych board program manager gave a media interview]: "What disturbs
me is this part: '...Tammy Kelley, disciplinary program manager with the
Department of Health's psychology board.' Nothing done legislatively will
ever solve the 'loose lips' problem, but when the Program Manager discloses
information concerning complaints that have been dismissed..." (New
Jersey doctorate-level MHP, July 14, 2007).
[ANONYMOUS LISTSERVE COMMENT]:
"...it makes sense to me that the pre-testing (if it is actually destined
to be such) would not be priveleged...I don't see how this 'pre-testing'
could be protected because, as an agent of the court, the psychologist
performing the subsequent cce would request, and be within his or her right
to receive anything in the attyorney's file relevant to the client's psychological
status." (Florida doctorate-level MHP, January 19, 2003). [ANONYMOUS LISTSERVE QUERY]: "I am conducting a CCE and am faced with some unusual circumstances. One of the litigant's attorneys has done some questionable things which I have brought to the attention of the court (and all involved). My concern is whether parent represented by the attorney understands how potentially damaging this attoreny's actions are going to be for their case..." (New York doctorate-level MHP, October 8, 2006). [ANONYMOUS LISTSERVE COMMENT]: "I may also include in my order a requirement that, even if the attorney were to learn of my home address, that it not be released to litigants." (California doctorate-level MHP, February 5, 2007). [NOTSOANONYMOUS LISTSERVE]: "According to Shuman (D.W., 2001,Psychiatric and Psychological Evidence, 2nd edition) and probably other sources, the attorney-client privilege "typically recognizes an exception or exclusion relating to the the performance of future crimes". Is it reasonable to conclude from the above when a defense counsel retained forensic psychologist acquires reasonable suspicion of child abuse by the defendant, the future-crimes exception to attorney-client privilege dictates in favor of the psychologist reporting suspected child abuse over the psychologist's duty to honor attorney-client work-product privilege?" (Colorado doctorate-level MHP, April 15, 2007). [NOTSOANONYMOUS LISTSERVE]:
"...got a call from an attorney to eval her client. She said there
may be more abuse that her client had not been caught for. I told her I
had duty to report and she claimed I could not becuase of attorney/client
priveledge. I told her this issue had not been clearly resolved in the
forensic arena and only recently had been to an ABFP workshop (that was
back in 2003 I think) where it was discussed with the presenter and even
he said it's not clear-cut. She got really pissed at me and kind of disparaging...
one has to decide which stance to take. I, personally, would adhere to
the law of being a mandated reporter and adhere to my penchant for being
a child-advocate..." (South Dakota doctorate-level MHP, October 15,
2007).
[NOTSOANONYMOUS LISTSERVE
INQUIRY]: "During the clinical interview the defendant (age 22) discloses
to the expert that he was sexually molested by a relative when he was age
4. Defendant discloses the city the relative lives in. The expert calls
the police department of the city where the relative lives immediately
after leaving the defendant and reports the abuse. Is this reporting ethically
mandated? Since this psychologist was retained by the defense, did the
psychologist violate attorney/client privilege? Would it have been simply
courteous to give the attorney a "headsup" before calling the
police? Was the call to the police necessary considering the statute of
limitations has expired?" (Massachusetts doctorate-level MHP, a criminal
forensic, March 8, 2007).
[ANONYMOUS LISTSERVE COMMENT]: "As I just posted, psychologist privilege is not necessarily limited to psychologist-patient relationships. We have other types of clients too, not just patients we treat. At least here in MO all psychologist-client communication is privileged, not just therapist-patient. I think that includes attorneys who retain us as consultants and thereby become our clients, but not our patients..." (Missouri doctorate-level MHP, December 13, 2006). [ANONYMOUS LISTSERVE QUESTION]: "Do judges commonly abrogate privileges that they find to be merely inconvenient? Or do they weigh the privilege against the best interests of the child, if the law allows them to do that?" (California doctorate-level MHP, December 15, 2006). [NOTSOANONYMOUS LISTSERVE QUESTION]: "A forensic psychologist is retained by the defense in a criminal case to conduct an evaluation. After completing an evaluation she discusses the results with the attorney who retained her. The attorney decides that the results may be damaging to her client, and therefore instructs the psychologist not to write a report and to send the attorney a bill for her services. The psychologist subsequently talks to the prosecutor about the case and is placed on the prosecution's witness list as an expert. This doesn't pass the smell test. Is there something wrong here?" (Wisconsin doctorate-level MHP, April 13, 2007). [ANONYMOUS LISTSERVE COMMENT]:
"THAT's what they are calling this now? This was AB612, the bill that
was going to ban psych testing. Yes, it would have banned use of PAS -
also alienation, most suggestibility research, and a gozillian other things...."
(California doctorate-level MHP, March 9, 2008). MAKE-WORK ON CAPTIVE CONSUMERS [ANONYMOUS LISTSERVE QUESTION]: "If you are recommending reunification therapy involving an extremely and well-documented alienator, how often would you recommend -0- contact with the alientating parent for the first weeks or months of therapy. Any research or articles on this specific issue." (California doctorate-level MHP, July 15, 2005). [ANONYMOUS LISTSERVE QUESTION]: "Do any of you have articles/references on models for reunification after an allegation of DV? I'm looking for stuff related to reunifying children and parents after both sustained allegations, as well as after allegations that are not sustained. Anything out there on outcome research, criteria used to make decisions about reunification, etc., would be most appreciated." (California doctorate-level MHP, April, 21, 2006). [ANONYMOUS LISTSERVE QUESTION] : "What published articles or guidelines are there that would provide guidance in evaluating a proposed plan for a 7 year old child to travel across country with relatives she has not had any contact with in over 2 years to spend time with a parent she has also not had any contact with in over 2 years? What references would assist in designing a more developmentally sensitive plan?" (Nevada doctorate-level MHP, June 8, 2006). [ANONYMOUS LISTSERVE COMMENT]: "I think the whole Q of whether or not an interview affects test results is a fascinating one and deserves experimental evidence one way or the other. We can gather this easily if Group A (evaluators who test first, then interview) were to send in their MMPI data to be compared by ANOVA with Group B (those evaluators who interview first and then test). The only confounding variable I can see is the nature of the interview. By "interview" I mean an in-depth interview of a parent, not a simple orientation about what to expect, fees, routines, etc. What do you all think? Those of you willing to participate should send me a back channel email... and tell me whether your practice falls into Group A or B, and if Group B, what you consider an interview. I'd also like to know how many data sets you could contribute if in fact this project actually happens." (California doctorate-level MHP, March 31, 2007). [ANONYMOUS LISTSERVE COMMENT]: "The particular aspect of it that galled me the most was the presumption that the custody evaluator (who then passes the ball to the Court, who in turn stands for the State) knows what is best. Knowing what is best seems to give the custody evaluator (thru the Court and the powers of the State) the right/obligation to micromanage the lives of the family members. The custody evaluator (the Court, the State) seem to make an industry of pushing around the family like chess pieces." (New York doctorate-level MHP, June 9, 2001). [ANONYMOUS LISTSERVE QUERY]:
"I am doing a CCE. A parent who hasn't seen his son for two months
is angry that the child has cursed at him during one telephone call. In
the other phone call during this two months the son told the parent that
he does not want visitation. A visit is arranged. The father tells me that
at the pick up for this visit he will demand an apology from the son for
cursing at him on the phone. If the son does not apologize he will refuse
to take the son on the visit... Question: The father's plan seems very
bad. Since I am doing a CCE do I tell the father? Under what circumstances,
when you are conducting a CCE, do you tell a parent that a course of action
they are planning is not good?" (New York doctorate-level MHP, February
25, 2005). [ANONYMOUS LISTSERVE COMMENT]: "To me a subpoena is a pay day notice." (California doctorate-level MHP, February 4, 2007). [ANONYMOUS LISTSERVE CALL FOR REFERRALS]: "I am needing three referrals. The first is a good therapist (or several) in the Seattle area to work with the parents of a difficult 3 year old. Second, for a family in the Medford or Cherry Hills, NJ area, I need a therapist who is familiar with alienation and reunification. Finally, in that same geographic area, I need information on professional supervisors for supervised visitation. Please respond back channel if anyone has information for me." (Georgia doctorate-level MHP, March 7, 2007). [ANONYMOUS LISTSERVE COMMENT]: "My stips say that each attorney gets everything that is given to me... Once the case is underway everything comes and goes through the attorneys. Thus, is an attorney sends me something they have sent it to the other attorney 10 working days before they sent it to me and the other attorney has either approved it going to me, opposed it going to me and I don't receive it until they settle their dispute, or the other attorney makes no response, in which case it comes to me. When the clients come into my office they sign releases that have already been reviewed by their attorneys and I review information with them partially from questionnaires that their attorneys also reviewed, including their client's answers...Again, part of my stips, I ask each attorney to log the documents that they send to me and inform them that I will use the document names they provide to list their documents. At the end of my evaluations, before I begin my report, I send each attorney a bibliography of everything I have done in the case, the people I have seen, the telephone conferences, etc. and a list of all documents separated into who provided me with what materials..." (California doctorate-level MHP, March 17, 2007).
[ANONYMOUS LISTSERVE REQUEST]: "Some time ago, around July 2004, there was a discussion on this list about the Rachel Foundation. I would like to review some of the comments/opinions presented in this list but cannot find the thread in the archives. If anyone who has these emails would share them with me I would appreciate it. Or, if any of the posters from back then would be willing to contact me back channel, that would be helpful also." (Texas doctorate-level MHP, March 5, 2005). [ANONYMOUS LISTSERVE COMMENT]: "See this: http://www.rachelfoundation.org" (California doctorate-level MHP and list moderator, February 15, 2007).
[ANONYMOUS LISTSERVE QUERY]:
"Is there anyone out there that has reference to or a model for "reunification
treatment plans"? - maybe from a public or adoption agency?"
(Florida doctorate-level MHP, April 22, 2007). [ANONYMOUS LISTSERVE COMMENT]: "Our local child welfare agency is interested in revamping its typical 'parenting classes" does anyone know of a good study guide or workbook or activities book or curriculum for a group, that might be readily available?" (Florida doctorate-level MHP, August 27, 2005). [ANONYMOUS LISTSERVE COMMENT]: "I think it is truly unfortunate that more quality resources do not exist for more families - in health care, parenting classes, child care, therapy, all kinds of things... " (California doctorate-level MHP, March 5, 2006). [ANONYMOUS LISTSERVE COMMENT]: "The NJ Chapter of the Association of Family and Conciliation Courts has been promulgating a rule (Proposed Parenting Coordinator Rule 5:8-7) requiring the appointment of parenting coordinators in certain types of cases." (New Jersey doctorate-level MHP, December 8, 2004).
[ABA
FAMLAWESQ LISTSERVE]: "Is anyone aware of any study(ies) done in any
jurisdiction by any entity that addresses the effectiveness or success
of parenting coordination? We proponents of parenting coordination
in New Hampshire continue to run into skepticism and foot-dragging by the
legislature. At a legislative committee hearing held today on our
parenting coordinator bill (attended by three AFCC-trained and practicing
PC's, two of whom, including me, gave testimony), we were told that the
committee would need copies of studies regarding the effectiveness of parenting
coordination, or at the very least strong, credible anecdotal material."
(New Hampshire family lawyer, forwarded to the anonymous listserve by a
California lawyer, March 8, 2007). [ANONYMOUS LISTSERVE COMMENT]: "The "practice of psychology" and "Parenting Coordinator" are defined by separate statutes in Oklahoma. While some board members may believe that they are the same, the statutory definitions are... different... role of the PC is to "hear and decide issues..." and may be a mental health professional, attorney, anyone mutually agreed upon... There is nothing in the statutory definition of PC that falls within the statutory definition of the practice of psychology... I am appalled with the mind set of previous posts taking the position that the practice of PC should be considered the practice of psychology so that our malpractice insurance will cover it!" (Oklahoma doctorate-level MHP, April 17, 2007). [ANONYMOUS LISTSERVE QUERY]: "If it is in fact ordered, is there something that should also be included in the recommendation that helps the court to monitor the follow through? With parenting classes there is often a certificate to demonstrate completion. If therapy were ordered per the recommendation would the evaluator recommend the therapist send a report to the court that would state dates of attendance, cooperation, prognosis without giving any details? Is there a way it should be worded that would make it enforceable?" (California doctorate-level MHP, May 27, 2004).
[ANONYMOUS LISTSERVE OBSERVATION]: "...the problem is that if there is insufficient contact between the child and the parent with whom he or she has a difficult relationship, treatment is doomed before it begins. The missing data here is what interventions have been attempted to date, what the parents have tried, and what the results have been. Availability of resources is a real issue, and it should be considered in framing interventions. The other side of the coin should also be considered - i.e., whether a change in the custody plan will make it more or less likely that any intervention can be effective." (California doctorate-level MHP, May 27, 2004).
[ANONYMOUS LISTSERVE INQUIRY]: "Does anyone have any references for treatment for children when they are they are resisting visitation because a parent has been emotionally abusive? The children are 16 and 13. When does it become abusive to continue to force children into contact or therapy at that age? ...This is 6 years post-divorce." (Vermont doctorate-level MHP, January 14, 2007).
[ANONYMOUS LISTSERVE PONTIFICATING or blathering re two teenagers who have been refusing to visit with emotionally abusive noncustodial parent]: "Jan Johnston presented at an AFCC-CAL a couple of years ago, with some of her outcome studies re alienation... supervised visitation and the kinds of protection... limit-setting of the parent by the therapist... We've also done some work on that issue... the developmental literature on coping skills, i.e. that kids and adolescents need to learn to resolve emotional issues by active engagement with others, rather than avoidance. Dunn (2000, I think)... active participants in decisions about their lives... distinguished from being given the power over decisions. Kelly's article on Risk and Resilience... If the therapist knows how to do conjoint, and is sufficiently protective that the parent doesn't get to "emotionally abuse" the kids in the therapy setting... skills they will need to deal with difficult people throughout their lives... one study that suggested that kids need to learn how to resolve problems assertively within their intimate relationships; learning to assert themselves at school is not a substitute. (I think that's Feilds and Prinz.) Is Dad in treatment? Is parent education ongoing? Is the adolescents' resistance a matter of wanting to escape a currently abusive or pathologic situation, or has Dad changed, but the kids remain mired... How are they making decisions on other issues? Is their behavior developmentally on target ... emotional independence and decisionmaking, or are they aligned with the other parent... little literature on this area... an article with the specific title, "children who refuse visitation," but at this moment I can't place the reference - I think it was in FCR. Our treatment models are based on the literature... behaviorally and cognitively based - those are the models that have shown better effects with the craziest parents. A vital issue, IMHO, is that the conjoint therapist set sufficient limits with the parent from the beginning, and with the children if they engage in developmentally inappropriate behavior... I'm emailing you some references back channel. I'd also check with Jay Lebow at Northwestern." (California doctorate-level MHP who gets a lot of referral "reunification therapy" work from the court system, January 14, 2007).
[ANONYMOUS LISTSERVE REQUEST]: "I'm looking for outcome research on 52 week DV treatment programs (also referred to as batterers treatment programs), which are frequently referred to in California. Any references would be appreciated." (California doctorate-level MHP, October 5, 2005). [ANONYMOUS LISTSERVE COMMENT]: "...I have on occasion given an attorney one of the few articles on treatment so that they will formulate a therapy order..." (California doctorate-level MHP, December 18, 2005). [NOTSOANONYMOUS LISTSERVE COMMENT]:
"Interesting to see that the same old flawed studies are still being
trotted out in support of a "therapy" which continues to lack
any scientific support... I would like to address parole boards sometimes
and ask them "Do you think that attendance on a suitably designed
course could turn you into pedophiles? Well, it won't work the other way
round, either!" (Doctorate-level MHP, March 20, 2007). [ANONYMOUS LISTSERVE COMMENT]: "This is where I think the DV debate sometimes becomes destructive. I didn't read ___'s message as saying that DV, if it exists, is the victim's fault. She just said that it would be important to assess the woman's issues as well as the man's. This reminds me of the debate which sometimes occurs re whether evaluators should recommend that both parents be ordered into treatment if one has been a "victim" of DV...The argument I heard at AFCC was that requesting that both parents be ordered into treatment suggests that both have equal responsibility for the violence when in fact one party (i.e. the male) may be more responsible. Some suggest that the woman should only be strongly urged to seek treatment voluntarily. My concern about this position is that if the woman decides that there's "nothing wrong with her" and declines to seek treatment, her issues may remain unaddressed and she may reinforce a victimization perspective in the kids." (California doctorate-level MHP, June 3, 2001). [Speculation?]
[ANONYMOUS LISTSERVE COMMENT]: "I do CCEs and I function as a court-appointed "Case Manager" in Kansas. Kansas calls parent coordinators "Case Managers" to avoid confusion - lol. I have also twice attended AFCC sponsored training on parent coordination. The Colorado group (Christie Coates, Robert LaCrosse, And Betsy Duvall) did a 2 day training in St. Louis in November, 2003, and Joan Kelly did a 2 day training in Chicago in June 2004. Both of these training programs emphasize the "Divorce Impasse" Model that Janet Johnston put together. This is a model that I find helps in CCEs and parent coordination/case management. The second AFCC task force has just completed its task of developing model standards for parent coordinators (See AFCC website or request backchannel)..." (Kansas doctorate-level MHP, May 16, 2005). [ANONYMOUS LISTSERVE QUESTION]:
"Is anyone aware of the following folks or organization? Have they
appeared elsewhere? I am contemplating attending of only to find out how
the construct is currently being packaged and sold. Cost of the workshop
is $85 pre-registration, $100 at the door. Space is limited and pre-registration
is recommended. The workshop will consist of a structured lecture type
presentation in the morning, followed by an interactive discussion and
question and answer period in the afternoon. We will cover topics on parental
alienation, suggestability, false memory, and the reunification process.
Attendees are encouraged to submit their questions beforehand... http://www.parental-alienation-awareness.com/
" (Florida doctorate-level MHP, April 14, 2006). [ANONYMOUS LISTSERVE IDEA]:
"I would like to propose that those of us who participate in the family
law area organize a concerted effort to foster among judges... there are
too many child development issues and too many parent conflict issues involved
in family law cases that are often poorly dealt with by the court because,
in large part, because the judges do not have the requisiste training.
Access schedules for infants that are based on every other weekend is one
example. We need to create an awareness that the country as a whole needs
to expect that family law judges understand the psychological dynamics
presented to them in family law cases because without such understanding,
we run the risk of hurting children." (North Carolina doctorate-level
MHP, September 26, 2007, who in the opinion of the author of this webpage
holds preferences for joint custody that are not all grounded in research.)
[ANONYMOUS LISTSERVE COMMENT]:
"As I do more and more review work, I'm thinking I need a Consent/Statement
of Understanding/Stipulation/etc specific to that purpose. Does anyone
have one they would be willing to share?" (Missouri doctorate-level
MHP, March 19, 2007). [ANONYMOUS LISTSERVE COMMENT]:
"I am a psychologist... with a practice focused on high conflict divorce
and child protection issues. I have done child custody and child protection
evaluations for about twenty years... I work as a Parenting Coordinator...
I teach Law Students in the..., helping insure that the they learn what
is and is not a good court-ordered evaluation. I like thinking about attachment
issues in the children of divorce and personality disorders in their parents."
(Michigan doctorate-level MHP, March 25, 2007). [ANONYMOUS LISTSERVE COMMENT]: "Judges sometimes want to "get the ball rolling" with a few therapeutic contacts. They may figure that (1) the therapist will ask for more if necessary; (2) the therapist will magically make everyone "play nice; " (3) the visit supervisor will "take over" after the therapeutic contacts; or (4) there really isn't a problem anyway so once visits get going, it won't be an issue; or (5) this is the best they can do to get these people to shut up and let the court move on to the next case, and hopefully the therapist will come up with something that allows the judge (or hopefully, some other judge) to make a longer-term decision next time. They don't understand that treatment can be impacted from early on based on how long the therapist expects to have with the child. You don't open a kid up in sessions 1-3 if you think that there are only going to be 4 sessions, or you risk harm to the child." (California doctorate-level MHP, July 16, 2005). [ANONYMOUS
LISTSERVE COMMENT]: "I do not know of a research based protocol
for a 'bonding assessment.' It seems the folks that do them around
here do an observation of touching, smiling, eye contact, warm interactions
etc which are good and important and look at basic needs and are they met.
I was wondering if there are protocols that are considered 'standard of
care' and or are reseach based." (Kansas doctorate-level MHP, January
14, 2007.)
[ANONYMOUS LISTSERVE INQUIRY]:
"A judge recently ordered a litigant for a psychosexual evaluation...
are there codified standards of practice dictating the contents of a 'psychosexual
eval'?" (Florida doctorate-level MHP, January 15, 2004). [ANONYMOUS LISTSERVE COMMENT]: "I would never presume to render an opinion about whether or not sexual abuse occurred. I always present the factors in support and the factors that seem to suggest otherwise, and let the judge make the decision. I do have a great deal of experience in evaluating sex offenders, so would probably use my own expertise in that area. I've worked with and evaluated sex offenders since 1977 & am involved in ongoing research with sex offenders and the Rorschach." (California doctorate-level MHP, July 11, 2004).
[ANONYMOUS LISTSERVE ADVISORY]: "Thanks for the very focused and helpful response to the issues we are struggling with. I have been sharing the responses with my client as I receive them. Does anyone else have anything to add or does anyone else strike the balance differently?" (California lawyer, June 9, 2001).
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