Conducting Child Custody Evaluations in the Context of Family Violence Allegations: Practical Techniques and Suggestions for Ethical Practice

Abstract

A review of the literature (i.e., Austin, 2001) and the daily practice of conducting child custody evaluations has revealed that there is an inadequacy assessing and incorporating family violence issues, including both partner and child abuse, into the context of a child custody evaluation when such allegations occur. The National Council of Juvenile and Family Court Judges has published attempts to address the lack of adequate assessments in family violence cases (e.g., Dalton, Drozd, & Wong, 2006), however more needs to be done. The current article discusses the existing approaches in conducting child custody evaluations when family violence is alleged and provides suggestions and practical techniques for adequately considering these issues in an evaluation. The various assessment and interview techniques that can be utilized in these complex custody evaluations are presented. The techniques discussed should aid child custody evaluators, attorneys, and judges in dealing with these complex cases, such that proper techniques can be followed to arrive at appropriate recommendations. If an evaluator conducts a child custody evaluation in a case where there are allegations of family violence but does not have specific training or expertise in this area, ethical concerns and questions arise.

KEYWORDS:

• child custody
• divorce disputes
• family court
• forensic evaluations
• psychological assessment

ACKNOWLEDGEMENTS

The authors would like to thank Tonya Oliver, M.A., Monique Oglesby, M.A, and Jessica Romo, Psy.D. for their reviews and feedback on this article and the procedures described. The authors would also like to acknowledge the helpful feedback by the anonymous reviewers of the Journal of Child Custody.