A Judge’s Guide

EXPERT HELP
FAMILY AND FORENSIC FACTORS
FAMILY AND CHILD FOCUS FORENSIC FOCUS
EDUCATION, TRAINING, EDUCATION, TRAINING,
EXPERIENCE, PUBLICATIONS, EXPERIENCE SERVING
APPLYING PROFESSIONAL THE COURT AND OTHER
SKILLS IN SERVICE OF FAMILIES MEMBERS OF THE JUSTICE
SYSTEM
Efficient Management of Tasks
Based on information from Kirk Heilbrun, Ph.D., Child Custody Evaluation: Critically
Assessing Mental Health Expert and Psychological Test, 29 FAM. L. Q. 63 (1995).
Opinions from the bench about the wisdom of delegating tasks to experts vary
greatly. So does the process for obtaining information through others. Some
judges routinely ask for a child custody evaluation in all but the simplest cases.
Others feel strongly that the judge must not hide behind experts when it comes to
making a judgment about what is in the best interests of the child. 10
In some jurisdictions, custody evaluations are performed by a social services or
forensic agency. Once the agency receives the referral for an evaluation, decisions
about which expert to assign and what tasks to accomplish are made within the
organization. The judge then considers the court report that summarizes the
gathered data.
The norm, however, is for the judge to decide early in the case what information is
needed to make a best interests decision, and what sort of expert can find the
facts. The complexity of the case will dictate whether a social worker,
psychologist, or psychiatrist is needed, or whether best interests can be determined
with the help of a skilled child advocate, or even extracted by the judge from the
record and witness testimony.
In a relatively simple case, e.g., one child with two parents who have mediated an
agreement that looks on its face to be satisfactory, you may feel comfortable with
a clinical social worker or child advocate to assess the child’s needs, interview the
parents, and visit the two homes.
Suppose, however, that the father has accused the mother of abusing cocaine.
The mother, in turn, alleges that the father is cold and remote, with occasional
outbursts of violent rage. Clearly you will want psychological assessments of these
potential caretakers, and you will pick a psychologist with demonstrated ability in
forensic assessment and knowledge of domestic violence and substance abuse
issues.
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