History and Organization of Family Law

Consider the following ethical dilemmas. ‘ That is, present an opposing viewpoint or hypothetical situation – one which you may not agree with – but which stimulates some thinking of ‘what would you do in that case. Additional back-and-forth dialogue is encouraged.

Topic 1 – Dual Relationship: Think about a forensic psychologist who serves as the evaluator in a child custody dispute. The dispute has been ‘settled.’ The parents are granted equal custody. The child is a 9 year old female. The court decision mandates the child to reside ’50-50′ between her mother and father’s residences. For example, she can live at her mother’s house Sunday-Wednesday and then with her father, Wednesday evening until Sunday morning. However, the parents have an informal agreement in which their daughter resides at her mother’s Monday-Friday and with her father over the weekends. The mother is interested in having her daughter enrolled in therapy to adjust to the divorce. The mother thinks the forensic psychologist who conducted the evaluation would be a good fir to provide therapy since she already knows so much about the family; and also had a positive relationship with the daughter. May the evaluator become the therapist? Are there any ‘special’ circumstances in which the evaluator may or may not become the therapist? Would it be appropriate for the evaluator to conduct a re-evaluation in the future, if needed, regarding custody or related matters?

Topic 2 – Recommendations: Is it ethical for forensic psychologist evaluators to make recommendations for therapy / parenting classes / drug testing / anger management or domestic violence group treatment, or other costly services, when it is known that the parent(s) cannot afford such services? Is it ethical not to make such recommendations when the evaluator thinks it is in the child’s best interest?

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