Mental health professionals play a central role in a variety of functions related to civil law (Hennessy, 1989). There are three types of intervention performed with psychologists and psychiatrists: crisis intervention, evaluation, and referral for treatment (Hennessy).

Crisis intervention involves getting a mental health ‘snapshot’ when a motion for temporary orders/emergency guardianship goes before court.

Referrals for treatment to local facilities are made as the court cannot be a treatment centre. Liaison is maintained on behalf of the court.

Evaluation is the most common intervention sought by courts from psychologists, involving assisting the courts in determining suitability for custody/visitation and claims of mental capacity and abuse.

There are three types of cases (Hennessy, 1989): domestic relations, child welfare and mental health matters. The first two types most often involve custody or visitation. While not strictly a family court matter, medical treatment and antipsychotic drug cases involve use of mental health professionals as a finding of incompetence is the threshold issue before any other determination can be made.

As previously mentioned, psychologists are called on occasion by courts to assess families to determine custody, placing a serious responsibility on court-appointed psychologists to make recommendations about a child’s welfare (Siegal, 1991). It is often criticized that clear guidelines for methods of compiling family reports are left up to the counselor’s discretion and that the opinions of health professionals on custody disputes are lacking in scientific validity. Often, when assessing families, too much emphasis in placed on the lifestyles of the parents at the expense of what the child wants.

As mentioned in Hennessy (1989), custody decisions require careful assessment of each parent and their relationship with the child.

Additional factors to take into account in a custody proceeding can include (according to Siegel, 1991): the wishes of the child; the wishes of the parents; the interaction and relationship between the child and parents, siblings, and other significant members; the child’s adjustment to their home, school and community; the mental health of all involved; the attitude to the child and responsibilities/duties of parenthood by the parents; and the capacity of the parent to provide for the child’s needs.

Taken From:

Hennessey, E.F. (1989). The family, the courts, and mental health professionals, American Psychologist, 44, 1223-1224.

Siegal, M. (1991). Concern for the conversational environment: Questioning children in custody disputes, Professional Psychology: Research and Practice, 22, 473-478.