Read about the Role of Psychologists and Psychiatrists in Family Law

Psychologists and psychiatrists have become more useful to courts and attorneys in family law matters. They provide diagnosis, individual and group therapy and evaluations for custody arrangements, parental fitness and a child’s needs and best’s interests. Newly developed testing and procedures have increased the importance of expert testimony.

Let’s go over some definitions. Therapeutic Assessment. This means that a mental health professional will diagnose and treat and individual, couple or family. The goal is to describe symptoms and behavior and plan interventions to solve problems.

A mental health professional conducts a “forensic” assessment to assist a court or attorney in presenting relevant evidence on a particular legal question. A typical scenario is whether a parent has the ability to care for a child and what time sharing arrangements will be determined for that parent.

In therapeutic evaluations three kinds of standards are mostly used: (1) diagnostic, (2) behavioral, and (3) psychodynamic. Typical sources for a therapeutic evaluation include self-reporting, medical records, psychological testing and behavioral assessment. Additional information must be obtained from relevant documents such as school records, employment records, etc. Outside sources may provide information about how the individual will behave.

A therapeutic evaluator can expect that assumptions, methods and conclusions will not be challenged. In contrast, a forensic evaluation is performed in an adversarial context. Forensic assessment results are resented as evidence and challenged by the other party.

A therapeutic evaluator may use chart note in the file for the patient. In contrast a forensic evaluator will have detailed documentation to substantiate procedures, testing, findings, reasoning and conclusions.

Therapeutic evaluations are rarely used in litigation. Even if it does, a therapeutic evaluation does not carry the weight of a forensic evaluation.

A forensic evaluator should expect to testify at a deposition or hearing or trial. The forensic evaluator will be considered to be an expert. An expert must show that his or her procedures are generally accepted in that field of expertise.

The purpose of therapeutic evaluation is to diagnose and treat symptoms of illness. The evaluator is in a helping role.

A mental heath expert’s testimony in Custody cases and other matters is likely to be given considerable scrutiny by the court. To overcome such scrutiny, a mental health professional should assume a forensic role from the beginning. Be careful as you do not want any ethical conflicts to arise from a dual role relationship.

Dual relationships are discouraged. However, they are permitted. If necessary obtain a forensic evaluator from the start and then you will be better prepared for that person to give an opinion as an expert. This could be critical in child custody evaluations. Remember the judge will rarely ever speak to you or your children. Therefore what the expert evaluator says will be extremely important.

Related Products: