\\jciprod01\productn\M\MAT\31-2\MAT209.txt unknown Seq: 1 13-MAR-19 14:24 Vol. 31, 2019 Bias Is a Reciprocal Relationship 427 Bias Is a Reciprocal Relationship: Forensic Mental Health Professionals and Lawyers in the Family Court Bottle by Dana E. Prescott* and Diane A. Tennies** I. Introduction The profession of law and its belief in the adversarial system as a means to discern factual truths in child custody litigation is deeply rooted in centuries of political and constitutional theory.1 Beyond political rhetoric and academic discourse, the definition of who is a parent and who has rights and responsibilities for children may mean that legal definitions, slower to evolve, are narrower than contemporary social definitions and demographic realties. Even as these social, legislative, and judicial adjustments occur over various time horizons, families in conflict must turn to the family court system to resolve the physical and legal custody of children. * Dana E. Prescott, JD, MSW, PhD is a lawyer licensed in Maine and Massachusetts. He may be contacted at
[email protected]. The opin- ions expressed in this article are those of the authors and may not reflect the opinions of the AAML or the Journal. ** Diane A. Tennies, PhD, LADC is a clinical and forensic psychologist with a principle office in Bangor, Maine. She may be contacted at
[email protected] 1 For a critical reflection on this history, see Rebecca Aviel, Why Civil Gideon Won’t Fix Family Law, 122 YALE L.J. 2106, 2120 (2012) (“This is a painfully glancing treatment of the fact that the adversarial model fits poorly with most pressing goals of family court, but the truth is that this disconnect is not news to scholars and reformers who study private custody disputes.“); Bar- bra A.