Abuse allegations in custody cases

Child Welfare generally responds to cases when the child is in direct contact with the perpetrator – however, they often don’t intervene when it’s a shared custody arrangement. They may instruct the other parent to stop visitation, and forward their report to family court As you would expect, child abuse and domestic violence are not considered to be in the best interest of the child, the # 1 consideration in family court. They count negatively against an offending parent attempting to gain custody. Family Court is under civil law - the evidentiary standard is ‘a preponderance of the evidence’ Parents can submit Police reports The results of Child Forensic Interviews The results of mental health assessments, and Declarations made by treating therapists.... to support their case.

Parents can request: Individual meetings in mediation Supervised visitation Visitation or exchanges in public places or prohibit visitation in specific places Random drug testing for the other parent (the court can actually only order urine testing, must match federal employment standards) Prohibited contact with other individuals (such as a new boyfriend, or family deemed to be unsafe) That the other parent attend treatment, parenting or anger management programs

In domestic violence cases: Temporary and permanent restraining orders can set boundaries around contact with the children, including barring contact between the perpetrator and children.

There are two kinds of witnesses asked to give testimony in a court case: Expert witnesses – are third parties with no previous relationship to the parties in the case. Asked by either one of the parties or the court itself to provide testimony regarding an area of special knowledge. Child Custody Evaluators and Child Forensic interviewers fall under this role Prescient/fact witnesses – testify to observed facts in a case, what they’ve directly SEEN or HEARD. As a treating therapist, you will always be a prescient witness.

Confidentiality: you may be contacted by attorneys or other people involved in the case Pressure to provide opinions on visitation, placement, custody, or the likelihood that abuse occurred. Parents asking to write letters making recommendations for visitation or custody CWS workers asking you to support termination of rights Mediators refer high conflict cases, asking for to help them co-parent or help develop a plan The court itself may refer cases and ask for recommendations for parenting You may struggle with counter-transference regarding the case: Have serious concerns about one of the parents May be treating the child for the abuse they suffered in the care of one of the parents May want to offer your opinion in the service of your client

Confidentiality Even if mandated, clients still enjoy confidentiality Be clear about who has right to the treatment record or can provide consent for treatment Insure that you have releases before speaking with involved parties, discuss scope of disclosures with clients regarding communications with CWS, CASAs, Probation Your communications may end up in a court report Be clear about boundaries of communication if coworkers are working on the same case Different staff are working with different parents/foster parents, each parent enjoys separate confidentiality regarding their participation You may receive information that’s hard to keep secret, or find yourself in parallel conflict with the other staff Discuss subpoenas with supervisors before responding

Custody, visitation, placement Don’t: Express an opinion or recommendation on what should happen with custody, visitation, or placement Make negative diagnostic statements regarding the other parent (especially if you’ve never met them) Make statements regarding the veracity of client disclosures or their credibility Make inferences, interpretations and attributions about a child’s or parent’s behavior. When linking observed behavior to diagnosis: “These behaviors are consistent with a diagnosis of PTSD”, not “These behaviors are evidence that the child was traumatized.” You can report on: Client participation and progress in treatment, treatment goals, results of assessments, and diagnosis What you’ve witnessed – things the client has said or demonstrated in session

If unlicensed - always consult with you supervisor! Even if you’re licensed, it’s best to consult with other clinicians If you’re unlicensed, don’t submit anything to the court without supervisor approval. Typically, your supervisor will co-sign any court submissions.