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Custody Evaluations When There Are Allegations of Domestic Violence: Practices, Beliefs, and Recommendations of Professional Evaluators

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Custody Evaluations When There Are Allegations of Domestic Violence: Practices, Beliefs, and Recommendations of Professional Evaluators The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Custody Evaluations When There Are Allegations of Domestic Violence: Practices, Beliefs, and Recommendations of Professional Evaluators Author: Michael S. Davis, Ph.D.; Chris S. O’Sullivan, Ph.D.; Kim Susser, JD; Hon. Marjory D. Fields, JD Document No.: 234465 Date Received: May 2011 Award Number: 2007-WG-BX-0001 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Custody Evaluations When There Are Allegations of Domestic Violence: Practices, Beliefs and Recommendations of Professional Evaluators Final Report submitted to the National Institute of Justice by New York Legal Assistance Group Michael S. Davis, Ph.D. Chris S. O’Sullivan, Ph.D. Kim Susser, JD Hon. Marjory D. Fields, JD November 29, 2010 This research was supported under award #2007-WG-BX-0001 from the National Institute of Justice of the U.S. Department of Justice to the New York Legal Assistance Group. The opinions and interpretations expressed in this report are those of the authors and do not represent the official position or policies of the U.S. Department of Justice. For correspondence, please contact Kim Susser, JD, at the New York Legal Assistance Group, [email protected]; the principal investigator, Michael Davis, Ph.D., Boston, at [email protected]; or Chris S. O’Sullivan, Ph.D., NYC, at [email protected]. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Acknowledgements We are grateful to our grant manager at the National Institute of Justice, Bethany Backes, for her guidance and support throughout the project. We would also like to thank our original grant manager, Leora Rosen, for her support and our interim grant manager, Bernie Auchter, for his interest in the project. We would like to thank Yisroel Schulman, President and Attorney-in-Charge of the New York Legal Assistance Group (NYLAG), for agreeing to host this project and allowing us to use staff and resources to pursue answers to questions that attorneys consider of great importance to their work representing victims of domestic violence in custody and visitation cases. Our project coordinator, Elana Bildner, a paralegal at NYLAG, was quick, able, conscientious and insightful. We are also indebted to the directors of the other agencies that participated in the project: Laurel Eisner, Executive Director of Sanctuary for Families; John C. Gray, Jr., Director of South Brooklyn Legal Services; and Adrienne Holder, Attorney-in-Charge of the Civil Practice at the Legal Aid Society in New York City. We especially appreciate the efforts of current and former staff attorneys at those agencies for reviewing their cases and identifying those that met our criteria. Finally, we thank the Center for Court Innovation’s Institutional Review Board and Liberty Aldrich, the Director of Domestic Violence and Family Court Programs at the Center for Court Innovation. A final thanks to Amy Barasch for encouraging the development of this project. i This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Project Personnel The grantee was the New York Legal Assistance Group (NYLAG). Kim Susser, JD, Director of the Matrimonial & Family Law Unit, was involved in planning the project and had general project oversight. Data were collected by former NYLAG staff, Elana Bildner and Rebecca Grekin. The team involved in developing the research methodology, coding and analysis of the data consisted of Michael Sean Davis, Ph.D., a clinical and research psychologist, Chris O’Sullivan, Ph.D., a social psychologist specializing in domestic violence research, and Hon. Marjory D. Fields, JD, a retired judge with 16 years of experience ruling on child protection, domestic violence, custody, and matrimonial cases in the Family and Supreme Courts in New York City. April Kuchuk, Ph.D., a forensic psychologist, served as project adviser. She assisted in development of the proposal and the evaluator interview questionnaire, which she also piloted. Nancy Erickson, JD, an attorney who represents victims of domestic violence, has a Masters degree in forensic psychology, and has published on custody issues and psychological testing in domestic violence, helped develop the coding scheme, drafted sections of the literature review, and suggested interpretation of findings. Project Advisers, attorneys specializing in domestic violence issues, provided feedback on hypotheses, methods and findings. They included: • Liberty Aldrich, JD, Director of Domestic Violence and Family Court Programs at the Center for Court Innovation • Dorchen A. Leidholdt, JD, Director of the Center for Battered Women’s Legal Services at Sanctuary for Families • Emily Ruben, JD, Attorney-in-Charge, Brooklyn Neighborhood Office, The Legal Aid Society, Civil Practice • Sharen Stapel, JD, and Anna Maria Diamanti, JD, successively Directors of Family Law Unit, South Brooklyn Legal Services Claribel (Jolie) Picardo transcribed the interviews with evaluators. Traci Green, Ph.D, and Kimberly Martin, Ph.D., provided consultation on the data analysis strategies and implementation. Additional volunteer assistance was provided by Jane Palmer, a doctoral student at American University and former director of the RAVE program in Atlanta, who assisted with coding custody evaluation reports, and by Heather Lasher, JD, an attorney with a Masters in Women’s Studies, who helped with recoding additional nuances of the custody evaluations related to “parental alienation.” ii This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Abstract Custody Evaluations When Domestic Violence Is Alleged: Practices, Beliefs and Recommendations of Custody Evaluators Purpose The purpose of this study was to investigate the impact of the beliefs and investigative practices of psychologists, psychiatrists and social workers who had been appointed by a court to evaluate families in disputed custody cases when there were allegations of domestic violence. Objectives were to examine the relationship between the evaluators’ beliefs and practices and their recommendations for custody and visitation, and to examine how the evaluators’ recommendations influenced case outcomes, including settlement agreements and court orders following trial. The term “domestic violence” is used throughout this report to refer to intimate partner violence as defined by the United States Department of Justice Bureau of Justice Statistics: violence between adult intimate partners who are or were married to each other and are or were previously “boyfriend and girlfriend.” In this study of custody and visitation disputes, all the intimate partners have a minor child or children in common. In addition, the term “domestic violence” is used in this report because the cases sampled were governed by New York Domestic Relations Law § 240 (1)(a), which requires that courts making custody and visitation decisions “must consider the effect of such [proven] domestic violence upon the best interests of the child…” The primary outcome of interest was the “parenting plan” recommended by the custody evaluator and in the final court order or settlement. The parenting plan refers to residential (physical) and legal custody, visitation time and conditions, and arrangements for transferring the children for visits. Method A sample of 69 cases was drawn from the case files of four New York City legal services organizations that specialize in representing domestic violence victims in civil legal proceedings, including custody and visitation litigation. Because of limited resources of the free and specialized legal services, the cases the organizations take are assessed and must meet certain criteria: there had to be serious need for legal representation (not necessarily the most physical violence), the case had to involve intimate partner violence, and child abuse or substance abuse could not be obvious confounding issues. To be included in the study, the court must have appointed a custody evaluator and the court must have issued a final order for custody and/or visitation. Paralegals reviewed the attorneys’ case files and extrapolated the facts and court histories into a data base. They also copied the court order appointing the custody evaluator, the evaluator’s report to the court, and the final court order or settlement agreement. They redacted the names of the parties, their children and other private individuals and scanned the documents. The investigators then coded the court order appointing the evaluator and case outcome, and coded the evaluations with regard to the evaluator’s practices, psychological testing, conclusions, and recommendations, and other factors. iii This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department.
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