Conducting Work Product Reviews in Child Custody Litigation

3.5 Hours | 3.5 CEs

This on-demand professional training program on Conducting Work Product Reviews in Child Custody Litigation is presented by David A. Martindale, PhD, ABPP.

The use by family court judges of mental health professionals appointed to conduct parenting plan evaluations has increased. Litigants who are displeased with the findings, opinions, and recommendations offered by evaluators may challenge the evaluators’ advisory input to the courts appointing them. The attorneys representing these litigants may retain forensic mental health professionals to review the evaluators’ work and, where appropriate, to assist the attorneys. Ordinarily, where the review process yields negative reviews, the reviewing practitioners will offer either to provide litigation support services (such as providing assistance in the development of cross-examination questions) or to testify.

Dr. Martindale, who has been conducting work product reviews for 34 years, describes the review process from pre-retention contacts with attorneys through trial. Emphasis is placed on procedures intended to minimize the objectivity-impairing influence of retention bias; the relevant ethical issues; the various types of litigation support services; and means by which testifying experts can maximize their helpfulness to the court.

Discussion of the ways in which the work of evaluators is reviewed is beneficial to forensic mental health professionals who offer to perform parenting plan evaluations.

This program is intended for forensic mental health professionals involved in (or considering becoming involved in) custody/access litigation. Though only experienced evaluators should consider reviewing the work of others, novice evaluators may benefit by learning what reviewers look for when they assess the work of evaluators. Work environments might include solo practice, group practice, or court employment.