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REPORTER'S FOREWORD TO THE ASSOCIATION OF FAMILY AND CONCILIATION COURTS’ MODEL STANDARDS OF PRACTICE FOR CHILD CUSTODY EVALUATION
Author(s) -
Martindale David A.
Publication year - 2007
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.1744-1617.2007.129_2.x
Subject(s) - conciliation , citation , law , association (psychology) , family law , sociology , political science , psychology , mediation , psychotherapist
As was suggested in the Introduction, the need for heightened standards has been articulated persuasively and repeatedly, yet many of those involved in the resolution of contested custody disputes have been ignoring the overtures. The time was right for an interdisciplinary group to develop Model Standards of Practice for Child Custody Evaluation. In offering their comments and perspectives to the AFCC Task Force, several evaluators characterized cross-examining attorneys as “the enemy.” They expressed concern that, in addition to providing information to evaluators, the Model Standards would provide ammunition to families, attorneys, and judges, all of whom were conceptualized as potential adversaries. Sentiments expressed by some evaluators suggest that they may perceive themselves as crusaders, accepting Sisyphean tasks and motivated entirely by concern for the well-being of children. In contrast, cross-examining attorneys were often cast in the role of mercenaries. In discussions of the circumstances under which favorable outcomes for families are most likely to be seen, we are led astray when we bicker with one another concerning the nature of our motives. Outcomes trump motives; in particular, purity of motives guarantees neither objectivity, impartiality, nor competence. If an attorney’s scrutiny of evaluator testimony uncovers serious evaluator error, the children’s best interests may be better served by the attorney’s efforts than by the evaluator’s efforts.

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