Attachment theory, research, and assessments have become increasingly applied to settle child custody cases. We discuss such applications in relation to admissibility criteria for scientific evidence and testimony proposed by Faigman et al. (2014). We argue that attachment theory and research can provide valid "framework evidence";…

The work of Urie Bronfenbrenner is a key framework in Family Science, yet there are many areas where it has seldom been applied, including in the processes experienced by divorcing families in Family Court. Acknowledging the paucity of scholarship applying ecological systems theory to these topics, the paper offers instructive interpretations of…

Background: Qualitative research using published court records to examine contextual factors that contribute to child protection decisions in cases involving parents with intellectual disabilities is limited, particularly during the COVID-19 pandemic. Method: The present study conducted qualitative content analysis on 10 published Ontario court…

Background: The aim was to investigate the role of measured intellectual function in framing parents as 'unfit' in child custody deprivation cases. Method: Grounded theory was used to analyse a national sample of custody deprivation cases in Iceland 2002-2014. Results: The terminology used to evaluate and describe the intellectual and…

This study sought to analyze the experiences of participants in court-ordered parent education with the ultimate goal to identify a framework, which promotes learning that is transformative. Participants included 11 parents court ordered to attend parent education classes through the Department of Human Services. A basic qualitative design, which…

The Minnesota Multiphasic Personality Inventory-2-Restructured Form (MMPI-2-RF) is a 338-item objective self-report measure drawn from the 567 items of the MMPI-2. Although there is a substantial MMPI-2 literature regarding child custody litigants, there has been only one previously published study using MMPI-2-RF data in this population that…

These research notes look at the differing ways in which the basis for including a criterion regarding children's opinions in disputed custody and visitation processes, in the US as compared with Sweden, impacts on the role and place that children's opinions and wishes will have on the process. Sweden's rationale for including children's…

MMPI-2 scores from a parent competency sample (N = 136 parents) are compared with a previously published data set of MMPI-2 scores for child custody litigants (N = 508 parents; Bathurst et al., 1997). Independent samples t tests yielded significant and in some cases substantial differences on the standard MMPI-2 clinical scales (especially Scales…

This article reports on a case that resulted in a published court decision which illustrates a dilemma at the intersection of the No Child Left Behind Act (NCLB) and the Individuals with Disabilities Education Act (IDEA). On first impression, the finding that teachers were operating based on professional principle seems to validate their actions.…

This article was written with the purpose of informing educators, agency service providers, family members, stakeholders, researchers in the field of transition, and individuals with intellectual disabilities themselves, of the guardianship alternatives that can be used, hence negating the need for a legal guardian. Guardianship refers to the…

This article explores a scoping review of qualitative studies about children's experiences and feelings during times of parental separation. The purpose of the review was to explore children's feelings and attitudes about their parents' separation and how their voices are heard during times of parental separation. The scoping review examined 44…

Family law proceedings encompass a broad range of issues, including custody, maintenance, support, valuation, visitation, relocation, and termination of parental rights. The following guidelines address what are commonly termed child custody evaluations, involving disputes over decision making, caretaking, and access in the wake of marital or…

In 1978 Congress passed an astonishing piece of legislation that gave Native American tribes a considerable amount of jurisdiction over matters of child custody and the adoption of their children. In 1976, the Association of American Indian Affairs gathered statistics relevant to the adoption of Indian children that Congress found "shocking…

This article addresses what, if any, psychotherapeutic interventions should be provided to meet the emotional and clinical needs of alleged child victims of sexual abuse while they await judicial determinations from the family, dependency, or criminal courts. The discussion emphasizes that to minimize iatrogenic outcomes, professionals involved in…

In this article, we use a recent Manitoba child custody case to provide a legal and ethical account of the notion of the best interests of the child. We explore the tension between the best interests of the child and parental rights to expression of a racist nature. We consider how the interests of different actors--the state, parents and…