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Custody Litigation: A Psychologist Discusses a Broken System

By David A. Martindale

The first of many model standards appearing in the Association of Family and Conciliation Courts' Model Standards of Practice for Child Custody Evaluation addresses “Custody Evaluation as a Specialization.” (Model Standard 1.1.) Evaluators are reminded that specialized knowledge is required, even where the evaluators are not “conducting evaluations that raise special issues. ' ” In Model Standard 1.2, 18 “ [a]reas of expected training for all child custody evaluators” are enumerated. It is expected that evaluators will develop forensic interviewing skills, will understand (and apply in their work) basic principles of reliability and validity, and will master forensic report-writing.

Few active participants or regular observers of the custody litigation process in the United States would challenge my assertion that the system is broken. Many are responsible for the breaks. This article focuses on evaluators and judges who accept work that, by an objective and reasonable standard, is unacceptable.

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