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Ryan Smith, Psy.D.

Child Abuse & Family Court

Child Welfare generally responds to cases when the
child is in direct contact with the perpetrator
however, they often dont intervene when its a shared
custody arrangement.
They may instruct the other parent to stop visitation, and forward
their report to family court

As you would expect, child abuse and domestic

violence are not considered to be in the best interest
of the child, the # 1 consideration in family court. They
count negatively against an offending parent
attempting to gain custody.
Family Court is under civil law - the evidentiary standard is
a preponderance of the evidence
Parents can submit
Police reports
The results of Child Forensic Interviews
The results of mental health assessments, and Ryan Smith, Psy.D.

Helping maintain safety

Parents can request:
Individual meetings in mediation
Supervised visitation
Visitation or exchanges in public places or prohibit
visitation in specific places
Random drug testing for the other parent (the court
can actually only order urine testing, must match
federal employment standards)
Prohibited contact with other individuals (such as a
new boyfriend, or family deemed to be unsafe)
That the other parent attend treatment, parenting or
anger management programs

Ryan Smith, Psy.D.

Helping maintain safety

In domestic violence cases:
Temporary and permanent restraining orders can set
boundaries around contact with the children,
including barring contact between the perpetrator
and children.

Ryan Smith, Psy.D.

Your role with the court

There are two kinds of witnesses asked to
give testimony in a court case:
Expert witnesses are third parties with no
previous relationship to the parties in the case.
Asked by either one of the parties or the court
itself to provide testimony regarding an area of
special knowledge.
Child Custody Evaluators and Child Forensic
interviewers fall under this role
Prescient/fact witnesses testify to observed
facts in a case, what theyve directly SEEN or
HEARD.
As a treating therapist, you will always be a
prescient witness.
Ryan Smith, Psy.D.

Evaluators vs. Treating Clinicians

Custody
Evaluators

Treating
Therapists

Impartial

Advocates for their client

Specialized assessment training meet and assess both

parents/homes

Treatment related assessment Often see a single parent/child

Interviews many people regarding

child (neighbors, coaches,
teachers), comprehensive testing

Typically speak with fewer people

in the system, only assessment
related to treatment

Family has no confidentiality or

privilege

Family has confidentiality and

privilege

Usually have quasi-judicial

Immunity if ordered by the court

No immunity

Ryan Smith, Psy.D.

Common pitfalls
Confidentiality: you may be contacted by attorneys
or other people involved in the case
Pressure to provide opinions on visitation,
placement, custody, or the likelihood that abuse
occurred.
Parents asking to write letters making
recommendations for visitation or custody
CWS workers asking you to support termination of
rights
Mediators refer high conflict cases, asking for to help
them co-parent or help develop a plan
The court itself may refer cases and ask for
recommendations for parenting
You may struggle with counter-transference
regarding the case:
Have serious concerns about one of the parents
May be treating the child for the abuse they suffered in
the care of one of the parents
Ryan Smith, Psy.D.
May want to offer your opinion in the service of your

Avoiding Pitfalls

Confidentiality

Even if mandated, clients still enjoy confidentiality

Be clear about who has right to the treatment record
or can provide consent for treatment

Insure that you have releases before speaking with

involved parties, discuss scope of disclosures with
clients regarding communications with CWS,
CASAs, Probation
Your communications may end up in a court report

Be clear about boundaries of communication if

coworkers are working on the same case
Different staff are working with different parents/foster
parents, each parent enjoys separate confidentiality
regarding their participation
You may receive information thats hard to keep
secret, or find yourself in parallel conflict with the
other staff

Discuss subpoenas with supervisors before

Ryan Smith, Psy.D.

Avoiding Pitfalls

Custody, visitation, placement

Dont:
Express an opinion or recommendation on what should
happen with custody, visitation, or placement
Make negative diagnostic statements regarding the other
parent (especially if youve never met them)
Make statements regarding the veracity of client
disclosures or their credibility
Make inferences, interpretations and attributions about a
childs or parents behavior.
When linking observed behavior to diagnosis: These
behaviors are consistent with a diagnosis of PTSD, not These
behaviors are evidence that the child was traumatized.

You can report on:

Client participation and progress in treatment, treatment
goals, results of assessments, and diagnosis
What youve witnessed things the client has said or
demonstrated in session

Ryan Smith, Psy.D.

The 1st Commandment

If unlicensed - always consult with you
supervisor!
Even if youre licensed, its best to consult with other
clinicians
If youre unlicensed, dont submit anything to the
court without supervisor approval.
Typically, your supervisor will co-sign any court
submissions.

Ryan Smith, Psy.D.