xiv COMPLEX ISSUES IN CHILD CUSTODY E V A L U A T I O N S

I worry when evaluators have little or no training in this complex field,

believing that they are qualified to perform child custody evaluations simply
because they have read a book or know how to perform family interviews or
psychological testing. Novices need experience gained by work in the field, an
understanding of the research, and supervision, consultation, or a combination
of both. In particular, I have found that evaluations of child alignment and
alienation and child sexual abuse require advanced training. For example, issues
of alignment are very complex and difficult, as there is a need to focus on each
parent and the children individually as well as on the way in which the dynamic
surfaces for the family as a whole. Similarly, evaluations of child sexual abuse
require familiarity with the research on divorce, sexually abused children, and
offenders.
I worry when evaluators oversimplify the issues in a given evaluation by
either relying on limited and discrete pieces of data or misinterpreting the data.
I especially worry when mental health professionals testify in court, because it
is so easy to avoid taking a position when we have one, just as it is too easy to
become rigid and dogmatic in the defense of our conclusions. I worry that
mental health professionals do not have enough information and direction on
ethical issues, as I often hear about practices that include one-sided evaluations,
dual roles, and being a hired gun. I worry about experts who are arrogant and
try to bully parents into accepting their work.
I worry that licensing boards do not understand the special issues pertaining
to child custody evaluations as they investigate licensing complaints. They
might either ignore valid complaints against a poorly done custody evaluation
or misinterpret or overreact to complaints, not understanding the ways in which
child custody evaluations differ from other work in the field. They may also not
understand the dynamics that are often involved with high-conflict families of
divorce.
Finally, I worry about the children, for whom many decisions are being made
with limited research data. I believe that their needs must always come before
the competing demands of the parents and that the psychological development
of the child is paramount.
I believe that, before someone can make decisions that affect the lives of
children and families, he or she must have an understanding of the elements
necessary for a child's healthy growth and development and must have knowl­
edge about the impact that divorce, in particular high-conflict divorce, has on
children and families. Evaluators must have a basic familiarity with the legal
system in the community in which they work. If you are unfamiliar with your
state's laws, I encourage you to talk with local judges and attorneys, contact
government offices for the statutes, or look to the Internet for government pages
Introduction xv

that have those rules. Most states now have their statutes online. For example,
at the time of publication, the California laws and regulations could be found at

http://www.ca.g0v/s/govt/govcode.html
A Web page linking many states' codes can be found at
http://www.nasire.org/ss/STstates.html
I also encourage you to join local, state, and national interdisciplinary
groups, such as the Association of Family and Conciliation Courts. Finally, I
urge you to study the literature and obtain consultation when necessary.
It is my hope that this book crystallizes some of the critical issues that have
been touched on in other places or ignored altogether in the past. With the
information provided on these issues, custody evaluators can tackle increas­
ingly complex tasks with more confidence and thoroughness. As with any work
in this field, it is important to recognize that the research is still limited and our
understanding grows each year. As we come to understand these complex issues
in a more thorough way, the task for the courts and evaluators can grow easier
over time.
What I said in the introduction of my previous book still holds true today.

I have learned much since 1985, especially from the families with whom I work.
I have learned that there are certain principles and standards which must be
maintained when doing custody evaluations. I have learned that children cannot
be viewed as property, and divorcing parents need to be taught to share their
children,... and share in the parenting. More than anything, I have learned that
we must understand the family divorce through the eyes of the children. We must
understand how the children feel, what they fear and wish, and what makes
conflict resolution difficult to achieve. We need to stay focused on the needs of
the children, who are vulnerable to the actions of their parents, and who have the
most to gain with a healthy resolution of the divorce conflict, (p. x)

I still have much to learn, and I expect to continue conferencing, training,

reading, and networking with others in this burgeoning field. It is my hope that
child custody evaluators, mediators, attorneys, and judges can learn more about
the many complex issues in child custody work so that we can help parents make
appropriate decisions for their children of divorce.