ABSTRACT
Over the last half century, the legal system in the United States has been called on increasingly to intervene in family life (e.g., divorce, child abuse, domestic violence, elder abuse). In many of these legal interventions, psychologists and other mental health professionals are relied on as expert witnesses with the expectation they will bring scientific expertise to the areas of interest to the courts.1,2 This expectation has afforded unique opportunities for psychology and related disciplines to contribute usefully to decision making that takes children’s needs into consideration. It has, however, also presented major challenges as unique family-based assessment questions are asked of our scientific database. Until recently, the mental health field has focused on making judgments regarding the competencies of individuals (e.g., competency to stand trial), using models of personality and individual development and associated standardized measures. Although legal decision making with individuals has been fraught with difficulties (e.g., violence prediction; Grisso & Appelbaum, 1992), the newer assessment questions in custody work have frequently stymied professionals. Judges have asked difficult questions, such as the following:
1 It has been argued that the number of times mental health professionals are involved is not great, but that it is increasing, and, when the case is in conflict, evaluations may carry more weight.
