child custody evaluations - psychological testing in court - forensic testing - disclosure, release of test data in discovery

This page is http://www.thelizlibrary.org/liz/custody-evaluator.html

Children need. . . THIS? A B C D E F G H I J K L M N O P...
CUSTODY EVALUATORS: IN THEIR OWN WORDS
TX-ZJ-01-070518

Case Study A
Parenting Evaluations Written by Child Custody Evaluators [see note]
standards and practices in chld custody evaluations


The child custody evaluator in this example, a Texas doctorate-level Ph.D. ABPP, conducted forensic evaluations in multiple child custody cases in 2005-2006, from which quotes are excerpted on this page (Case One is from 2003). In each of the cases, he parroted the same phrases in his reports and his in-court testimony in order to find extraordinarily similar things wrong with very different mothers. The mothers involved have different professional, cultural, and educational backgrounds, and dissimilar family situations.

The one thing, however, that they did have in common was that all of the women made allegations of physical and/or child sexual abuse against the fathers of their children. In each of the cases, the evaluator wrote a superficially articulate but specious report, in which (in Case One) he recommended substantially reducing the mother's custody, and in the remaining cases, terminating the mother's custody altogether and giving custody to the father. [see note]

The case quotes are color-coded for ease of reading.

outcome information in Case ThreeCase One: Custody Evaluation Report 12-03
Case Two: Custody Evaluation Report 09-05
Case Three: Custody Evaluation Report 04-05, updated 10-06
Case Four: Court testimony from 08-28-06, 10-26-06
Case Five: Custody Evaluation Report 12-14-06 through 06-07
Case Six:

The mother is naive and trying to present herself in an overly favorable light

"[Mother]'s psychological test profiles were similar to persons who try to present an overly positive impression of themselves..." Case One Report 12-03

"persons who naively present themselves in an overly favorable light" Case Two Report 09-05

"Showed a profile similar to persons trying to present themselves in an overly favorable light" Case Three Update 10-06

"But her approach in the testing to present herself in an overly favorable light showed itself in more obvious, even naive at times ways during her interviews." Case Three Update 10-06

"Her profile was in a normalcy range for the MMPI, but the validity indicators indicated that she was trying to present herself in a too positive manner in her responses to the test questions which could affect the profile in general. The same sort of profile showed itself in the MMCI ...in the PAI, she also scored in a way that she tried to present herself in too positive of a manner which is not that uncommon in child custody cases, but it may have reduced the clinical nature of the rest of the test." Case Four transcript 10-26-07 Page 35, line 23

"...presented herself as a caring, protective mother who cooperated with the evaluation process..." Case Five Report 06-07, page 4

"On the surface, the profile reflected a socially extroverted, gregarious woman who did not express any psychological concerns. But, in my opinion, this profile did not reflect [Mother Five]'s interview statements and demeanor... Her profile was similar to persons who present as animated and sociable..." Case Five Report 06-07, page 4

Claudia Rowe on parenting evaluator ethicsThe mother is "overly sensitive to criticism"

"overly sensitive to criticism" Case Two Report 09-05

"overly sensitive to criticism" Case Three Update 10-06

"Overly critical, suspicious, anxious, and easily agitated... a suspicious outlook... demanding in response to slight stress or provocation" Case Five Report 06-07, page 4

The mother is "immature and attention seeking"

"[Mother Two]'s profile is similar to immature persons who, although presenting themselves as outwardly conforming, express their hostility indirectly -- to deflect responsibility." Case Two Report 09-05

"These persons seek the attention of others to support their low self-esteem." Case Two Report 09-05

"These persons have a strong need for approval and affirmation." Case Three Report 04-05

"and it talks about a profile similar to [Mother Four]'s are viewed as immature and attention seeking from others. They seek to gain approval and acceptance from others." Case Four transcript 10-26-07, Page 38, line 7

"tend to be immature in the way that they deal with relationships and can be dramatic and theatric in a sense in the way that they respond to a particular problem situation." Case Four transcript 10-26-07, Page 8, line 8

"These persons orient themselves to gaining reassurance, attention, and approval by others... little insight... overly suggestible..." Case Five Report 06-07, page 4

The mother is "unreliable and manipulative"

"Person's with [Mother Two]'s profile often are in conflict with others and tend to be unreliable and manipulative." Case Two Report 09-05

When questioned about whether he was manipulated. "Well I looked to the report, the telephone call I got about the outcry that [Child] allegedly made to her and when she called my office, I felt like she expected me to try to do something to get this before the court and my evaluation..." Case Four transcript, 9-20-06 Page 10, line 16

"I found it difficult to gauge whether [Mother Five] believed these statements... or said them purposely to malign [Father]." Case Five Report 06-07, page 5

The mother has "low self esteem"

"These persons seek the attention of others to support their low self-esteem." Case Two Report 09-05

"These persons have low self-esteem..." Case Three Report 04-05

"...her emotional reactivity and low self-esteem..." Case Three Report 04-05

"[Mother Three]'s self image seemed unstable." Case Three Report 04-05

"unrealistically fearful..." Case Five Report 06-07, page 5

The mother's thinking is "impressionistic rather than logical"

"[Mother One] views herself as trying to protect [Child] from what she perceives as [Father]'s indiscretions and careless, if not neglectful, supervision of [Child]. I did not note reliable evidence in this evaluation to justify [Mother]'s concerns..." Case One Report 12-03

"responds to problems more impulsively and impressionistically than logically" Case Two Report 09-05

"Her responses, particularly when experiencing stress, were more emotional and impression-based than critical or logical..." Case Three Report 04-05

"She has, as I recall in testimony, transcripts she talked to me at the -- even at the end of the evaluation that [Child] was in danger, in crisis at his father's home. A very exaggerated view and perspective of what [Child]'s going through, her way of dealing with [Child] indicating just how she's kind of accepted [Child]'s explanations of what's going on in Dad's house. A very impressionistic, you know manner rather trying to understand what' s going on." Case Four transcript, 8-28-06, page 142 line 8

(Questioned about the report.) "They are more likely to respond to situations via quick emotional first impressions than by considering options more logically first." Case Four transcript,10-26-06, Page 38, line 14

"They tend to be very impressionistic in dealing with problem issues and problem solving particularly in terms of relationships." Case Four transcript,9-20-06, page 8, line3

"...in the way that she handles in an impressionistic rather than logically thinking through style in dealing with the statements that [Child] was making and the concerns that she has as a result." Case Four transcript, 9-20-06, page 9, line 4

"[Mother Five]'s problem-solving approach was overly impressionistic..." Case Five Report 06-07, page 4

"[Mother Five]'s reactions are very impressionistic and dramatic; she quickly reaches conclusions that fit with her preconceptions..." Case Five Report 06-07, page 12

The mother is "emotionally overreactive"

"Despite [Mother One]'s concerns, I saw no reason for [Child]'s anxieties..." Case One Report 12-03

"[Mother One] claimed that [Child] had been sexually molested by a playmate while in [Father]'s care... [Mother] claimed that [Father] is 'militant' in demanding the time to which he is 'entitled' to [Child] at the expense of [Child]'s feelings or best interests... [Mother] expressed deep resentment and bitterness at [Father] for the deterioration and ultimate breakup of the marriage... compromises her ability to deal with [Father] about [Child] constructively..." Case One Report 12-03

"readily overreact emotionally, even dramatically, to perceived problems" Case Two Report 09-05

"Her profile was similar to persons who can become overly emotionally reactive particularly when under stress." Case Four transcript, 9-20-06, page 8, line 3

"blew her concerns for the children... out of proportion and and dramatically overreacted." Case Five Report 06-07, page 4

The mother-child relationship is "enmeshed"

"[Mother One] appears to foster overdependence on her by [Child] in a manner that increases [Child]'s anxiety when he separates from her or her parents..." Case One, Report 12-03

"[Mother Two] will have difficulty recognizing and managing [Child]'s needs and concerns apart from her own needs and fears." Case Two Report 09-05

"[Mother Two]'s relationship with [Child] appeared to have a marked enmeshed quality" Case Two Report 09-05

"[Mother Two] demonstrated difficulty objectively viewing [Child]'s needs and wishes apart from her own." Case Two Report 09-05

"[Mother Two] appeared to experience difficulties viewing [Child] apart from her own needs, concerns and fears." Case Two Report 09-05

"[Mother Two] demonstrated an overly enmeshed relationship with [Child]." Case TwoReport 09-05

"She appeared to have difficulty distinguishing her needs and fears from those of her children" Case Three Report 04-05

"[Mother Three] continued to express outward fear of [Father] while the girls, very aligned with her, spend weekends overnight with [Father]." Case Three Update 10-06

Question: In your report you state that you believe that the child is emotionally enmeshed with his mother? "I am not sure if I used the word enmeshed, and I may have, but as I understand the term, an enmeshed relationship is one where, in a parent-child kind of situation where a parent has difficulty recognizing the emotional or physical needs of a child could depend, depending on the situation thus far and would tend to basically see there own issues with the other parent as the child's issues also, rather than recognizing that while they might have a problem relationship with their parent -- with the other -- ex spouse, the child has a different relationship with the ex spouse than the ex spouses do with each other. And in an enmeshed relationship, that parent has difficulty distinguishing that and therefore, incorporates the child into their own dislike and anger of the other parent." Case Four transcript, 8-28-06, Page 120, line 11 et seq.

Question: In regard to that definition, do you believe that this child in your opinion is emotionally enmeshed with his mother, [Mother Four]? "Yes I do. In that particular situation because it relates to his relationship with his father." Case Four transcript, 8-28-06, Page 120, line 11 et seq.

"Well, enmeshed in a sense that I think that in my view, there was evidence that she confused a lot of her own concerns about [Child] and feelings about [Child] with [Father]'s feelings about [Child] and she was unable to draw the appropriate bounderies and consider that [Child] would or might have a different kind of relationship with his father than she had with his father." Case Four transcript,10-26-06, page 39, line 12

[Mother Five was not enmeshed. Rather, she] "has experienced difficulty managing the needs of all five children... [Child 1 age 12] and [Child 2 age 10] will... be left increasingly to their own resources... [Mother Five] would instead focus on the younger children." Case Five Report 06-07, page 13

The mother's parenting will impair the child's development

"[Mother One]'s care of [Child], while not neglectful, has contributed more to [Child]'s emotional discomforts." Case One, Report 12-03

"[Mother Two] showed no insight into how her parenting might negatively impact [Child]'s development." Case Two Report 09-05

"I am more concerned that lifting the requirement that [Mother One]'s access be supervised will again expose [Child] to [Mother Two]'s fears, concerns and anger about [Father]'s care of [Child] and as a result.. If that happens, [Child]'s development will be impeded." Case Two Report 09-05

When asked if [Custody Evaluator] was concerned that the child is in danger while living with the mother: "I think psychologically and developmentally, I have enough concerns that I made the reports that my recommendations are as confidently as I could..." Case Four transcript, 8-28-06 Page 96, line 9

"In my opinion, if all the children remain with [Mother Five] as their primary residence parent, their developments will be compromised." Case Five Report 06-07, page 13

The mother's "personality style" compromises her parenting

"[Mother One]'s parenting style with [Child] showed a characteristic style... [Mother] does not appear to promote adequate age-appropriate autonomy and emotional security in [Child]." Case One Report 12-03

"[Mother Two]'s personality style colors her view of [Child]'s adjustment and needs and, in my opinion compromises her parenting of [Child]." Case Two Report 09-05

"And while [Mother Twp] has a close emotional relationship with [Child], her personality and parenting style may compromise [Child]'s development." Case Two Report 09-05

"[Mother Two]'s personality style compromises her parenting of [Child]." Case Two Report 09-05

"In my opinion, [Mother Three]'s emotional makeup and personality style compromise her ability to parent all her children effectively." Case Three Report 04-05

"While [Mother Five] clearly loves and values the children, several significant concerns that, in my opinion, compromised her parenting showed in this evaluation. I could not confirm many of her allegations... what stood out was [Mother Five]'s emotionally reactive style... " Case Five Report 06-07, pages 12-13

The mother sends children messages of fear and anxiety

"[Mother One] appears too indulgent of [Child]'s emotional insecurities and does not foster an adequate balance of age-appropriate independence v. dependence." Case One Report 12-03

"I am more concerned that lifting the requirement that [Mother Two]'s access be supervised will again expose [Child] to [Mother]'s fears, concerns and anger about [Father]'s care of [Child] and as a result... If that happens, [Child]'s development will be impeded." Case Two Report 09-05

"[Mother Three] continued to express outward fear of [Father] while the girls, very aligned with her, spend weekends overnight with [Father]." Case Three Update 10-06

"...unnecessarily stirred and reinforced the girls' anxieties about being with [Father]..." Case Three Update 10-06

"A very kind of entwined anxiety producing sort of messages that were part of their relationship." Case Four transcript, 8-28-06, page 42 line 22

"I wouldn't necessarily say taught as scripted in that sort of since, but he is very aware of what mother's fears are, concerns she communicates them to him according to him and they are very scary frightening concerns and those develop emotionally in the child where he's adopted a lot of concerns particularly when he's [with Mother Four]." Case Four transcript, 10-26-06, page 69, line 9

'She blamed the children's difficulties and unsettledness on [Father]'s behaviors towards her during this post-separation period... intruded inappropriately... harassed...[Mother Five]'s parenting problems have impacted the children beyond her allegations..." Case Five Report 06-07, page 13

"[Child 4 age 6] also seemed to incorporate some of [Mother Five]'s fears..." Case Five Report 06-07, page 11

The mother "too readily" believes what her children say

"[Mother One] seemed to use [Child]'s anxieties to prove that [Child] was uncomfortable with [Father]; I did not note such discomfort during this evaluation." Case One Report 12-03

"[Mother Two]'s thinking and interpersonal styles, as shown in her interview statements and evaluation behaviors, also contributed to her problems dealing with [Child]-related issues. Her style was rigid and inflexible, unable to account for alternate notions or contexts." Case Two Report 09-05

"[Mother Three] too readily accepts the children's accounts of their experiences with [Father]." Case Three Update 10-06

"She has, as I recall in testimony, transcripts she talked to me at the -- even at the end of the evaluation that [Child] was in danger, in crisis at his father's home. A very exaggerated view and perspective of what [Child]'s going through, her way of dealing with [Child] indicating just how she's kind of accepted [Child]'s explanations of what's going on in Dad's house. A very impressionistic, you know manner rather trying to understand what's going on." Case Four transcript, 8-28-06, page 142 line 8

"...in the way that she handles in an impressionistic rather than logically thinking through style in dealing with the statements that [Child] was making and the concerns that she has as a result." Case Four transcript, 9-20-06, page 9, line 4

"[Mother Five] appeared to overindulge the children's physical complaints." Case Five Report 06-07, page 5

The children's allegations of abuse against their fathers and expressed desires to live with their mother are acknowledged, but... other things are more important... or it wasn't "abuse"... etc...

[Custody Evaluator made similar statements to the below in testimony during Mother Two's trial.]

"[Father]'s home with [Stepmother] will provide a more stable environment to meet [the Children]'s needs than [Mother Three]'s home with [Stepfather]. If asked, both [Children] will insist that they want to continue living primarily with their mother. But I expect that they will adjust quickly to their father's home..." Case Three Update 10-06

"Based on my interviews with [Children] and consideration of various documents [Mother Three]'s concerns and [Child]'s statements, when explored further, did not constitue either sexual abuse or sexually inappropriate behaviors by [Father] toward [Child]." Case Three Update 10-06

In testimony [Custody Evaluator] states that [Child] said that he does not ever want to return to [Father's house]. When commenting about the abuse [Custody Evaluator] says he "would have to know the context of the abuse."

"I mean, you'd have to know context more in terms of highly inappropriate. I -- if you're trying to bootstrap an allegation of sexual abuse on that. I would -- I would not agree with that." Case Four transcript, 8-28-06 Page 76, line 3

"Again, I would have to know the context of what was happening right there. I mean, it was clear that that was -- that everyone -- that the detective and other folks had agreed that nothing was done for any sexual purposes." Case Four transcript, Page 77, line 14

"That what I reviewed, what I saw the evidence I considered did not reach the level where those allegations were substantiated and that there were other plausible reasons for the showers that were, that gave rise to these allegations that were in my view more compelling that the notion that [Father] sexually abused [Child]." Case Four transcript, 10-26-06, page 77, line 17

"...minor physical altercations and numerous calls to the police..." Case Five Report 06-07, page 3

"[Child 1 age 12] acknowledged that while he heard his mother say that his dad was trying to kidnap him and his siblings and was trying to kill her, he did not believe his dad would try to kill her..." Case Five Report 06-07, page 9

"[Child 2 age 10] was disturbed by the unsettledness brought about by his parents' continued fighting with each other... he expressed difficulty understanding or rationalizing why he thinks his mother brings someone with her to the visitation exchanges... '...thinks my dad will start an argument or do something bad'... " Case Five Report 06-07, page 9

'[Child 3 age 6] said that her parents don't fight anymore like they used to... expressed some discomfort, albeit flippantly, with the visitation schedule." Case Five Report 06-07, page 11

"[Father]'s actions showed immaturity that translated into questionable parenting judgments, and he can be manipulative and competitive when dealing with [Mother Five]. Nevertheless, he evidenced a structured, even-keeled approach to parenting... will be unlikely to become overwhelmed..." Case Five Report 06-07, page 13

Because the mother is "alienating"

"I question how much [Mother One] values Child spending time with [Father]. She believes that [Child]'s emotional and physical health is compromised, perhaps even endangered, in [Father]'s care." Case One Report 12-03

"alienation" Case Two Report 09-05

"parental alienation" Case Three Update 10-06

"parental alienation syndrome" Case Four transcript, 10-26-06 page 41, line12

"an angry, agitated edge toward [Father]... emotional... " Case Five Report 06-07, page 4

Recommendations

Don't believe Mother's allegations of neglect; give more custody time to Father

Don't believe Mother's allegations of child sexual abuse; give custody to Father, Mother to supervised visitation

Don't believe Mother's allegations of child sex abuse; give custody to Father

Don't believe Mother's allegations of child sex abuse; give custody to Father

Don't believe there is any good reason why parents' relationship has been chaotic and conflicted (Zervopoulos thinks within the "limitations of his data" that ignored and completely discredited all testimony by Mother of abuse), discount "minor altercations" and Mother's claims of harassment, ignore that serious allegations were made, police were called 30 times, charges were filed... and... because Father "will be unlikely to become overwhelmed"...
        ...give custody of five children to competitive, immature, harassing, manipulative Father with bad parenting judgment.


LIZNOTE: We are in the process of obtaining additional custody evaluations done by this same forensic custody evaluator, John A. Zervopoulos, Ph.D., of Dallas, Texas, also a lawyer; this page is under construction. More that fit the same pattern of disbelieving mothers and giving custody (in Case One, joint custody) to allegedly abusive fathers will be added soon. Additional pages of other custody evaluators' work and case studies will be added as time permits.

Dealing with forensic psychologists and discovery of test data in court Query: just how many cases of mothers making false allegations of child sexual abuse occur in the same jurisdiction during the same short period of time? And this evaluator got them all? Extremely unlikely. Formal complaints now have been filed against the evaluator by at least three of the women involved, aided by their ability to compare the unusual parallels in the MHP's findings. See the research, below, on the frequency of false child sex abuse allegations.

Interestingly, in Case One, the earlier case, the allegations were not of child sexual abuse by the father, but of neglect, inter alia, the child's being sexually molested by a third party while in the father's care. In Case Five, there was substantial evidence of harassment, stalking, and domestic terrorism by the Father. In all cases, however, the pattern held. But like an inverse correlation, Father One received a recommendation for increased or joint custody (notwithstanding living 60 miles away from a school-age child), rather than the sole custody recommended by the evaluator for the Fathers who were accused of more serious abuse! In this case, the custody evaluator also recommended what would seem to be a parenting coordinator or co-parenting therapist, Mark R. Otis, Ph.D., i.e. more referral make-work. It would appear, comparing the way the evaluator wrote up his comments about the men in the cases, that he just doesn't like women or mothers' parenting, and prefers how men "are".

At any rate, based on the clear patterns in the descriptions by the custody evaluator of of the mothers and fathers evaluated in this cases, and the custody evaluator's recommendations, it certainly does look like this particular case study suggests that there may be more than one reason so many MHPs just don't wanna release those reports and let them get around...

Among other things, this evaluator has been a presenter at bar conferences, e.g. on the issue of "domestic terrorism" in 2001 http://www.dallasbar.org/events/register/event-desc.asp?id=3109&EvType=CL&Pa st=Y , written on the subject of forensic expert opining for the Texas bar http://www.texasbar.com/Template.cfm?Section=Texas_Bar_Journal1&Template=/Co ntentManagement/ContentDisplay.cfm&ContentID=1252 and of late, along with Mark Otis, was mentioned as a supporter by Richard Warshak ("I appreciate the helpful comments from Mark Otis, Andrew Schepard, and John Zervopoulos on an earlier draft") in connection with his anti-ALI time allocation article -- Richard A. Warshak (2007) PUNCHING THE PARENTING TIME CLOCK: THE APPROXIMATION RULE, SOCIAL SCIENCE, AND THE BASEBALL BAT KIDS* Family Court Review 45 (4), 600-619, available at http://www.blackwell-synergy.com/doi/abs/10.1111/j.1744-1617.2007.00174.x (Warshak is a Gardnerian derivative parental alienation theorist, author of Divorce Poison: Protecting the Parent-Child Bond from a Vindictive Ex.)

-- liz

RETURN TO TEXT



Florida Handbook on Discovery - 2007
Clark v. Clark, September 15, 2010 Fla. 4th DCA: "material harm of an irreparable nature [to allow] expert to exclude recording, reporting or other people from being present".
Are Psychologists Hiding Evidence?
Releasing Records in Child Custody Evaluations (J. Poliacoff)
Signs of a Bad Custody Evaluation (J. Klass)
Therapeutic Jurisprudence Index
Child Custody Evaluations -- Reevaluating the Evaluators
Right of First Refusal in Parenting Plans
Child Custody Evaluators "In Their Own Words"
Parenting Coordination, a bad idea
Parenting Coordinator Practical Considerations
Those Joint Custody Studies

Offsite Links:
CCFC Amicus Brief, Tadros v. Doyne
Information on the RORSCHACH at deltabravo.net
Information on the MMPI-2 at deltabravo.net

Psychology is not science -- or good law



It doesn't matter WHAT the protocols are. It doesn't matter how unbiased the examiner. It doesn't matter how copious the information gathered or how conscientious the assessment. For getting at the "truth", it absolutely doesn't matter how much training the evaluator has in domestic violence, feminism, fathers' perspectives, or abuse defense. All the training does is create a belief bias. The general public -- and this includes judges -- need to be educated that there is very little expertise in forensic or applied psychology. There is no predictive power. There is absolutely no way to take sociological surveys about groups of individuals -- and this includes psychological testing -- and apply any of it to one individual. At best, we have insightful guesses. But training in psychology does not improve insight; those who go into the field frequently do so because they are people who already have problems and lack the insight to figure them out. And the training itself is as likely as not to diminish this cognitive function as its practitioners learn to deny their own flawed human cognitive synthesizing in order to substitute an even worse rote protocol under the pretext of neutral scientific investigation. There is no science. There is no falsifiable unifying theory with causation and prediction. There is no expertise. There is only familiarity with the presumptions, protocols and lingo of the field, just as one would find with "expertise" in astrology. No matter how expertly mapped, or with what nuance and consideration of all relevant details, the positions of the stars still say absolutely nothing about anything. -- liz

The Child-Centered Divorce Family Court is Not a Family-Friendly Place Parenting Coordination Dealing with forensic psychologists and discovery of test data in court

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