The Child Custody Industry in Mental Health

There is no validity whatsoever to the conclusions and recommendations reached by child custody evaluations.  None.  Zero.

Different custody evaluators can reach entirely different conclusions and recommendations based on the same data (no inter-rater reliability), there is no definition as to what constitutes the “best interests” of the child, and child custody evaluators are free to apply, misapply, or not apply any, some, or none of the constructs and principles of professional psychology.

The conclusions and recommendations offered by child custody evaluations are no more valid than a monkey throwing darts at a dartboard.

Disagree?  Provide me with one citation that demonstrates that the conclusions and recommendations reached by child custody evaluations are any more valid than a monkey throwing darts at a dartboard. <crickets>

The conclusions and recommendations of child custody evaluations are simply made up out of thin air.  Child custody evaluators spend lots and lots of time collecting data (all at $250 to $300 an hour – very lucrative), and they spend lots and lots of time writing, documenting the content of the data they’ve collected (again, all at $250 to $300 an hour – very lucrative), but as for the conclusions and recommendations they reach… well they just make those up.

Seriously, no exaggeration.  They just entirely make up whatever conclusions and recommendations they want.

Q: “Don’t they base their conclusions and recommendations on the data they’ve collected?”

A:  Nope.  They just make up whatever conclusions and recommendations they want based on their personal biases and their idiosyncratic base of knowledge – or lack of knowledge, and then they fit these conclusions and recommendation over the data.

Slip-Cover Analogy:  It’s kind of like making a slip-cover for a couch.  The slip-cover has the basic couch shape, but the question is whether the actual couch is a green couch, or a red couch, or a leather couch?  Who knows.  The “color” is decided by the evaluator who is making the slip-cover, and it’s whatever color the custody evaluator decides, irrespective of the actual color of the couch.  If the evaluator wants a blue couch, then the evaluator simply makes a blue slip-cover for the couch.  If the evaluator wants it to be a red couch, no problem, the evaluator simply makes a red slip-cover.  What color the couch actually is… well, we’ll just never know.

Child custody evaluators are 100% free to apply, misapply, or not apply any, some, or none of the established constructs and principles of professional psychology to the data.  There is no standardization to the interpretation of the data, not even any standardization related to the application of established constructs and principles of professional psychology to the interpretation of the data.

Seriously, I kid you not.  They just make up their conclusions in any way they want.  I am absolutely stone cold serious about that.  No exaggeration.  As a consultant for attorneys, I’ve read these evaluations.  The evaluators just make it up.  The reporting on the data is fine, it’s their conclusions and recommendations that they simply make up willy-nilly, any way they want.

Do they apply the constructs and principles of attachment theory to an attachment related family pathology?  Nope.  Apparently there’s no need.

Do they apply family systems constructs and principles to family conflicts and problems?  Nope.  Apparently, there’s no need to do that either.

How about applying the fundamentals of the DSM diagnostic system to pathology evidenced in the family?  Nope.  No need.  In fact, the professional practice Standards of the APA and AFCC actually encourage child custody evaluators NOT to tell the court about the presence of any DSM-related pathology evidenced by the parents because a diagnostic label might be “prejudicial” to that parent’s efforts to obtain custody of the child.  Go figure.  Isn’t intentionally withholding relevant diagnostic information from the Court just as prejudicial in the opposite direction, against the normal-range parent?  Oh well, even DSM diagnostic information is not applied to the data.

How about applying standard personality disorder constructs such as narcissistic, borderline, or the evidenced-based Dark Triad personality pathology (Paulhus & Williams, 2002) to understanding the family’s interaction patterns?  Nope.  No need.

How about applying the principles of parental “psychological control” of the child (Barber, 2002), or parental “boundary violations” with the child (Kerig, 2005), or an “invalidating environment” created by distorted parenting practices (Linehan, 1993)?  Nope.  No need.

How about simply defining what the construct of the child’s “best interests” means and how that will be determined?  Nope.  No need to do that either.

So then my question to child custody evaluators would be:

Q:  Then what ARE the principles and constructs from professional psychology that you are systematically applying as the basis for interpreting the data and reaching your conclusions and recommendations?

A:  Whatever we feel like.  We actually don’t have to use any constructs or principles from professional psychology.  We are 100% free to just do whatever we want with regard to interpreting the data.  We just reach any conclusion we want, and then we make recommendations.

Q:  So you reach whatever conclusions you feel like regarding the family processes and the child’s best interests without necessarily applying any of the established constructs and principles of professional psychology in any systematic way to your analysis?

A:  Yep.  And you know the best part?  The Court then seals the report so that no one ever reviews the accuracy of the conclusions we’ve reached and the recommendations we’ve made.  Pretty sweet deal, eh?  And even if the report is ever reviewed, it’s only reviewed by another forensic psychologist who is in the same racket, er, field, of also conducting child custody evaluations, and they only review the report as to whether the proper data collection procedures were followed, NOT whether the conclusions were accurate and the recommendations were warranted by the data.

There is no scientifically or theoretically established foundation for the conclusions and recommendations reached by child custody evaluators.  Zero.  None.

Prior Blogs on this topic:  

Cross Examining Child Custody Evaluations
A Solution to Assessing the Best Interests of the Child
An Alternative Assessment to Child Custody Evaluations

Q:  So Dr. Childress, if there is zero scientifically established validity to the conclusions and recommendations reached by child custody evaluations, then why does the practice of child custody evaluation continue?

A:  Good question. I’ll get to that… so follow along.

Clinical vs Forensic Psychology

Did you know that clinical psychologists are prohibited from offering opinions regarding child custody?  Why is that?

After six months or a year of doing family therapy, we know the family dynamics pretty well.  If an opinion regarding the “best interests” of the child surrounding the child’s custody is desired, wouldn’t the clinical psychologist who’s been involved in treating the family be in the best position to offer this opinion?

I’ve been trying to find the justification for prohibiting clinical psychologists from offering opinions regarding child custody, and what seems to be offered is that clinical psychologists are somehow made to be “biased” by their role as therapists, and that this supposed “bias” would entail a “multiple role” if the clinical psychologist is then asked to provide a professional opinion regarding the child’s “best interests.”  Therefore, a supposedly “objective” child custody evaluation is needed to avoid the supposed “bias” of the clinical psychologist.

Oh my God.  Let me at that justification…

The “multiple roles” argument is a false construction designed to invalidate the opinions of the treating clinical psychologist and justify a bogus assessment procedure that costs between $20,000 to $40,000.

First off, let’s get something straight… ALL psychologists are supposed to function without bias and in the best interests of our clients.  To accuse clinical psychologists of bias is unfounded, unwarranted, and frankly, insulting.  All capable and competent clinical psychologists conduct our assessments, diagnoses, and treatment without bias.  Assessing and diagnosing family dysfunction is our profession.  It is NOT a “multiple role.”

Second, whenever I’ve encountered this justification it is always built on a straw-man presentation of what therapy is.  The author proposing this “multiple role” argument always creates a false definition of what therapy entails and then uses this false definition to frame a straw-man argument that clinical psychologists are inherently biased by their role and therefore cannot reach an “objective” opinion regarding the functioning of the family or best interests of the child.  False.  False definition of therapy.  False attribution of inherent bias.  False argument.

Capable and competent family therapists do NOT simply passively accept what the family members tell us.  Are you kidding me?  Family therapists assess the family’s functioning through a variety of procedures in which we apply standard and established constructs of family systems therapy – laid out by such preeminent family systems theorists as Murray Bowen, Virginia Satir, Salvador Minuchin, Jay Haley, Cloe Madanes, and others – and we use these standard and established principles of family functioning to reach an accurate diagnosis of the family’s problematic functioning in order to develop a treatment plan to fix it.

A capable and competent family systems therapist does NOT simply passively accept what the family members say.  A family systems therapist analyzes the family structure and family interaction patterns, and then intervenes in selective ways to alter the unhealthy structures and interaction patterns within the family.  Bias?  That’s called knowledge.  I know exactly what is going on and I know exactly how to fix it.  That’s my profession, that’s my expertise.

It’s not “bias” – it’s knowledge.

Family systems therapists understand the family extremely well.  Better than the family understands itself.  We understand the family norms governing the interaction patterns in the family.  We understand the underlying anxieties of the family members in their struggles for intimacy in the context of establishing their independent autonomy.  We understand how the needs, emotions, and conflicts of various family members are being deflected, triangulated, and diverted within the family.  That’s the basis of our work.  In order to change the dysfunctional family system, we must first understand the functioning of the dysfunctional family system.  Bias?  It’s called knowledge.

I can counter and dismantle-in-detail this false “multiple roles” justification for prohibiting clinical psychologists from offering an opinion regarding the “best interests” of the child surrounding custody and visitation.  It is a bogus and false justification.

If this supposed “bias” and “multiple roles” justification (which, by the way, assumes in it’s very framing that there are two roles) is bogus, then what’s the real reason for prohibiting clinical psychologists from offering an opinion regarding the best interests of the child surrounding child custody and visitation?

The secret to understanding the underlying motivation for prohibiting clinical psychologists from offering an opinion regarding the child’s best interests is found in de-constructing the “multiple roles” argument.  It’s sneaky.  By merely proposing that there are “multiple roles” they are CREATING separate roles.  According to this (false) line of argument, one role is “subjective” (the therapist) and one role is “objective” (the evaluator).  Sneaky.

Doesn’t the Court want an “objective” opinion?  Then the Court obviously wants a child custody evaluation by an “objective” custody evaluator.

But let me reframe this false dichotomy:  It’s not about subjective and objective; it’s about knowledgeable and ignorant.  The clinical psychologist is knowledgeable of the family dynamics based on months and months of family systems assessment sessions involving detailed interaction with the family’s structures and relationship patterns.  The clinical psychologist knows the family.  Knowing something is called being “knowledgeable.”

The child custody evaluator, on the other hand, starts from a position of complete ignorance regarding the family’s functioning (in which ignorance is framed as being “objective”), and then begins to collect information in an effort to develop the knowledge already possessed by the clinical psychologist regarding the family.  The custody evaluator begins gathering history and symptom information from interviews with the family members (who may be presenting self-serving reports regarding the family relationships), and the custody evaluator interviews family friends of the parents (who offer biased reports that support their friend), the custody evaluator may also conduct artificial and painfully superficial “family observation” sessions, and the custody evaluator administers tests of questionable value (such as applying tests developed for other purposes, such as the MMPI, to the custody situation, or using self-report instruments that are prone to self-serving bias in reporting).

All of this rigamarole in data collection is under the guise that a “multi-method” approach to data collection makes the interpretation of the data valid.  No… it doesn’t.  Data collection and data interpretation are two different processes.  A multi-method approach to data collection provides a lot of data from multiple persepectives.  That’s all.  The next – and separate – question is how is this data set INTERPRETED?  That is the critical question regarding the conclusions and recommendations reached by child custody evaluations.  How is the data set interpreted?

Not knowing something is not being “objective,” not knowing something is called being “ignorant.”  Child custody evaluators aren’t any more “objective” than the clinical psychologists.  Child custody evaluators are simply moving from a place of ignorance to the place of knowledge already possessed by the family therapist.  That’s not “objective,” that’s just moving from ignorance to knowledge.

The child custody evaluator is essentially trying to develop, from a standing-start, the knowledge of the family dynamics that the treating clinical psychologist already has in spades.

It’s not an objective–subjective dichotomy; it’s an ignorance–knowledge dichotomy.

Furthermore, once the child custody evaluator “objectively” collects the data,  the interpretation of the data by the custody evaluator to reach their conclusions and recommendations is entirely – 100% – subjective.  The child custody evaluator is NOT required to systematically apply any of the principles or constructs from professional psychology to the interpretation of the data.  The child custody evaluator is 100% free to apply, misapply, or not apply any, some, or none of the principles and constructs of professional psychology to the data.

The clinical psychologist, on the other hand, has systematically applied a variety of standard and established constructs and principles of professional psychology to the data of the family system – family systems constructs; attachment system constructs; boundary violations; personality pathology; self-psychology and psychoanalytic constructs; cognitive-behavioral constructs, developmental psychology principles, parenting skills assessment.  That’s what we do – that’s what clinical psychology is – the application of standard and established psychological principles and constructs to a data set of symptoms and interaction patterns within the family.

It’s not objective versus subjective; it’s ignorant versus knowledgeable.

So, since the “multiple roles” argument is a spurious and false creation based on a straw-man definition regarding what therapy entails, then what is the actual reason that clinical psychologists are prohibited from offering an opinion regarding the best interests of the child surrounding custody and visitation?

The Forensic Psychology Lobby

The reason clinical psychologists are prohibited from offering child custody opinions is because the forensic psychology lobby in professional psychology organizations is very strong (Division 41 of the APA: The American Psychology-Law Society – The AFCC: the Association of Family and Conciliation Courts), and the forensic psychology lobby is seeking to restrict trade in order to mandate the very lucrative practice of child custody evaluations for its membership, and clinical psychologists just haven’t felt it was important enough to us to argue about the prohibition. 

Clinical psychologists are risk-averse, and we don’t like high-conflict divorce (it’s too dangerous).  Working with narcissistic and borderline personalities (the Dark Triad and Vulnerable Dark Triad personality) is fraught with dangers, and there’s always at least one narcissistic or borderline personality in all high-conflict divorce.  If there wasn’t at least one narcissistic or borderline personalty, then it wouldn’t be high-conflict, because normal-range parents would have empathy for their children and would never put their children through a high-conflict divorce.  A high-conflict divorce requires that at least one parent has no empathy for the children.  Clinical psychologists generally stay away from child custody and the legal entanglements surrounding high-conflict divorce because it’s all too dangerous.  Clinical psychology is more than happy to cede high-conflict divorce over to forensic psychology.

The problem is, we shouldn’t have done that.  Because the child custody reports produced by the procedures of forensic psychology are horrific.

Personally, I’ve always felt that this restriction on my ability to state a professional opinion is… well… an unconstitutional abrogation of my free speech rights – or a restraint of trade – or something.  To say that clinical psychologists cannot form or offer an opinion regarding the child’s best interests surrounding custody unless we do a formal child custody evaluation is bizarre.  We form an opinion – we have an opinion – we’re just prohibited from telling anyone.  Sounds like a restraint of trade to me, but what do I know.

But as long as I was in the ADHD and childhood trauma fields, what did I care.  I wasn’t involved in treating high-conflict divorce.  In fact, I swore to myself that I would never do high-conflict divorce.  Too dangerous.  So I just assumed that the practice of child custody evaluations was professionally competent.  After all, there’s a whole division of the APA (Division 41) that’s devoted to forensic psychology.  Surely they know what they’re doing. But that’s the secret hidden behind the veil of these custody reports being sealed by the Court.  They are horrific.  Really – really bad.  But they never receive outside review regarding their findings and conclusions.  When they are reviewed, which is infrequently because of the financial expense involved in a second review, they are only reviewed by ANOTHER forensic child custody evaluator who only reviews the evaluation to see if the proper data collection procedures were followed, NOT regarding whether the conclusions and recommendations reached were accurate.  But this internal review within forensic psychology represents a fundamental conflict of interest.  It’s all an inside club making $20,000 to $40,000 per evaluation.

In truth, the conclusions and recommendations of child custody evaluations are no more valid that a monkey throwing darts at a dartboard.  Seriously.  That’s no exaggeration.  If there is any doubt about this, simply ask for any citation to the research literature demonstrating that the conclusions and recommendations of child custody evaluations are any more valid that a monkey throwing darts at a dartboard.  There is none.  Zero.

So consider this…

Child custody evaluations cost between $20,000 to $40,000.  An alternative, structured Treatment Needs Assessment by a clinical psychologist would cost around $2,000 (An Alternative Assessment to Child Custody Evaluations).

So why are clinical psychologists prohibited from forming or offering child custody opinions and recommendations under threat of losing our license?  It’s seems pretty goll darn obvious to me. $20,000 to $40,000 as compared to $2,000. 

The Court doesn’t know this.  They’re trusting professional psychology (the APA and AFCC).  The licensing board doesn’t know this.  They’re trusting professional psychology (the APA and AFCC).  Even the general APA doesn’t know this, because they’re trusting the forensic psychology lobby – and it’s an inherent conflict of interest for the forensic psychology lobby since the forensic psychology lobby is working for its membership who are making $20,000 to $40,000 for each child custody evaluation.  It’s in the monetary best interests of their constituents to restrict trade so as to require child custody evaluations.

Spurious Multiple Roles

When the time comes to dismantle the arguments that opinions regarding child custody should only be made in the context of a formal custody evaluation and that the clinical psychologist role biases the clinical psychologist, I can dismantle these arguments in detail.   A key point to notice is that the moment the forensic psychology lobby raises the argument of “multiple roles” they have actually created the “multiple roles.”   The very premise of “multiple roles” is false.  There are no “multiple roles.”  This “multiple role” argument is a spurious argument designed to justify the separate role of a forensic child custody evaluator at $20,000 to $40,000 an evaluation.

In clinical psychology, an assessment begins with the referral question.  In this case, what is the question the Court wants answered? 

Referral Question:  Should the Court order a 60-40%; 70-30%; 80-20%; 90-10%; or a 50-50% custody timeshare schedule with this specific family?

A:  The answer to that question is… this referral question is beyond the scope of scientifically and theoretically supported professional practice.  There is no scientifically or theoretically established foundation or knowledge base in professional psychology that would allow a supported opinion regarding that question. 

The best that professional psychology can offer is based on the foundational premise that children benefit from a complex relationship with both parents (A Solution to Assessing the Best Interests of the Child).  Based on this foundational premise, that children benefit from a complex relationship with both parents, the only professionally supported recommendation from professional psychology would be for a 50-50% custody timeshare schedule (except in cases of child abuse which would warrant a child protection response).  There is no scientifically or theoretically supported information in all of professional psychology that would allow for a fine-grained differentiation of the alternative timeshare options for any specific family.

Referral Question: When there is significant family conflict surrounding the 50-50% custody timeshare (a high-conflict family), how should this family conflict for this specific family be resolved? (this is a treatment-related referral question, not a child custody issue.)

A:  A clinical psychologist should conduct a Treatment Needs Assessment regarding the treatment plan needed to resolve the family conflict, and the clinical psychologist should provide a report to the Court regarding the treatment-related needs of the family.

Q:  Can a Treatment Needs Assessment be completed by the treating clinical psychologist?

A:  Yes – if this is within the boundaries of professional competence for this clinical psychologist.

Q:  What about potential bias of the treating clinical psychologist?

A:  It is a professional expectation that psychologists in all role-relationships avoid bias and should always work in the best interests of their clients.  The effects of possible bias are limited in a Treatment Needs Assessment by the structured and targeted collection of relevant information and by the application of all of the standard and established constructs and principles of clinical psychology to the interpretation of the data, including the functioning of the attachment system when assessing attachment-related pathology, the potential impact of parental personality disorder pathology on family interactions, and standard and established family systems constructs and principles.

Q:  Can a Treatment Needs Assessment be completed by an independent clinical psychologist?

A:  Yes – if this is within the boundaries of professional competence for this clinical psychologist.

Q:  Does it make a difference if a Treatment Needs Assessment is conducted by the treating family therapist or by an independent family therapist?

A:  No.  All psychologists should function without bias and at the highest level of their craft, and all psychologists should always function in the best interests of their clients.  If either party in the spousal conflict feels uncomfortable with the treating therapist conducting a Treatment Needs Assessment then this is weird, since the treating therapist has already conducted an informal treatment needs assessment as part of developing a treatment plan (assessment leads to diagnosis, and diagnosis guides treatment).  But if either party feels uncomfortable, it’s no problem to have an independent Treatment Needs Assessment conducted by an “outside” clinical psychologist (a second opinion, if you will).

A Treatment Needs Assessment by a Clinical Psychologist: $2,000 – $3,000

A Child Custody Evaluation by a Forensic Psychologist: $20,000 – $40,000

In truth, any professional recommendation for custody other than a 50-50% child custody timeshare is beyond the scope of scientifically and theoretically grounded professional practice. 

Q:  So Dr. Childress, why do we continue with the practice of child custody evaluations? 

A:  Because Courts, and lawyers, and parents don’t know psychology.  They assume that psychologists must know what they’re doing, and because the Courts, and lawyers, and parents don’t know psychology, they can’t know that it’s all made up – after all, look at all the data that was collected, and how long and detailed the report is.

But I’m a psychologist who, because of my role as a professional psychological consultant to attorneys in these matters, has been let in behind the veil of secrecy of these sealed child custody evaluations.  I’ve read these child custody evaluations.  They are bad, bad, bad.  Horrifically, stunningly bad.  They just 100% make up their conclusions and recommendations.  I am stone cold serious.  They are bad.

They gather lots and lots of interviews, and review lots and lots of records, and talk to lots of collateral informants, and do home visits, and administer tests of various sorts – all at $250 to $300 an hour for each hour spent in gathering information.  Very lucrative.  They then spend hours and hours writing their reports, documenting the content of all of the interviews, documenting the content of all the records they reviewed, documenting the content of all their collateral contact interviews, documenting in detail their home visit observations, and reporting on the test scores obtained from testing, – page after page of documenting – documenting – documenting – all that writing time billed at $250 to $300 an hour spent writing page after page of documenting the data – 50, 100, 150 pages of writing time.  Very lucrative.

Q:  But certainly their conclusions and recommendations are based on this data, aren’t they?

A:  Nope.  They then just make up their conclusions and recommendations in whatever way they want.  Like a furniture slip-cover of their own construction, designed to roughly resemble the piece of furniture being covered, but not necessarily reflecting the actual color of the underlying furniture.  The slip-cover that’s constructed by the custody evaluator can be blue, or green, or yellow, while the actual furniture is red.

When it comes to interpreting what the data means and forming recommendations, custody evaluators are 100% free to apply, misapply, or not apply any, some, or none of the established constructs and principles of professional psychology to the interpretation of the data in whatever way they want.  They just make it up.

And, in truth, they only spend about two or three hours writing up the conclusions and recommendations section of the report (what is that, around a $1,000 worth of time?) and they bill $30,000 for all the time they spent collecting data and documenting the data they collected in their exhaustive report.

It’s a racket, pure and simple.  And by offering Guidelines for the practice of child custody evaluations (AFCC Guidelines; APA Guidelines), the AFCC and APA provide their imprimatur of credibility to the practice of child custody evaluations.  In providing Guidelines for the practice of child custody evaluations, the AFCC and APA effectively become the organizing syndicates for the racket, and the custody evaluators represent the soldiers raking in the money – money extorted from desperate parents via the legal system, extorted by Court order.  I find that amazing.  An extortion syndicate by Court order.

It’s the professionally sanctioned financial exploitation of an immensely vulnerable population that I find most repugnant and professionally abhorrent.

The forensic psychology lobby prohibits clinical psychologists from offering opinions on child custody so that Courts are forced to order expensive child custody evaluations – based on the professional standards of the APA and AFCC (as codified in the official Guidelines written by the powerful forensic psychology lobby).  Then these evaluations are sealed by the Court so that they are never subject to review, and if they are challenged they must be challenged by another forensic evaluator who comments on whether the appropriate procedures for data collection were followed, not on whether an accurate interpretation of the data was made.  Yet having another forensic child custody evaluator review the work of the original forensic child custody evaluator – besides being prohibitively expensive – represents an inherent conflict of interest.  They “review” themselves.  The fox is in charge of the hen house.

The Solution is Standard Clinical Psychology

The “multiple roles” argument is 100% bulls***.   All psychologists in any capacity should function without bias.  We are professionals.  All psychologists in any capacity should serve the best interests of the client.  To ascribe to clinical psychologists that we are inherently biased because of our role as treating psychologists is complete 100% cow pucky.

It is an artificially imposed dichotomy framed as “subjective” versus “objective” – but this dichotomy is actually knowledgeable versus ignorant.  Ignorant is not “objective,” ignorant is just ignorant.

The treating clinical psychologist – or any clinical psychologist applying the principles of clinical psychology, including clinical assessment principles, knowledge of the attachment system, knowledge of family systems constructs, knowledge of personality disorder pathology – is knowledgeable.

The child custody evaluator, on the other hand, is completely ignorant regarding the family’s structure and relationship patterns (in which this ignorance is framed as the supposed virtue of “objectivity”) and is then trying to get up to speed regarding understanding the family from the baseline of complete and total ignorance – and the child custody evaluator is trying to overcome this starting point of complete ignorance (supposedly granting them “objectivity”) without being required by professional standards of practice to apply in any systematic way any of the principles and constructs of professional psychology.

Holy cow.  Just let me do a clinical assessment.  Assessment – diagnosis – treatment.  Assessment leads to diagnosis, and diagnosis guides treatment.  It’s what clinical psychologists do.  It’s our craft.  It’s our profession.

And by “me” I’m referring to the generic “me” – i.e., a competent clinical psychologist.  Any clinical psychologist with a modicum of specific instruction can conduct a Treatment Needs Assessment.  It’s just a focused variant of a standard clinical assessment – history and symptom information (using Applied Behavioral Analysis “behavior chain” sequences and identifying the “stimulus control” for the behavior), add the Diagnostic Checklist for Pathogenic Parenting and the Parenting Practices Rating Scale, and apply standard constructs and principles from attachment theory regarding attachment related pathology, from personality disorder literature to personality disorder pathology evidenced in the family, and from the family systems literature regarding the functioning of this particular family system.  Standard clinical psychology stuff.

If you want to know what’s going on, let me (i.e., any competent clinical psychologist) conduct a clinical assessment.  This will lead to a clinical diagnosis regarding the issues, and the clinical psychologist can tell you exactly what needs to happen for treatment (i.e., the treatment plan).  This is standard clinical psychology stuff.

In cases of alleged “parental alienation,” if you want me (or any competent clinical psychologist) to determine whether there is psychological child abuse (pathogenic parenting) that warrants a child protection response, that can be accomplished through a focused Treatment Needs Assessment.

However, if you want me to determine which spouse in the inter-spousal conflict is the “better parent” who should be awarded a larger share of the “custody prize” of the child… Sorry, can’t help you there.  Doing that is beyond the professional scope of scientifically and theoretically grounded professional practice.

If you want to divide up the “custody prize” of the child amidst an inter-spousal dispute, the best I can tell you, based on the totality of the scientific and theoretical literature, is that children benefit from complex relationships with both parents.  Based on this scientifically and theoretically grounded understanding, the only recommendation I can offer regarding a child custody timeshare schedule is a 50-50% custody timeshare shared between both parents (unless there is child abuse that warrants a child protection response).

If there is family conflict surroundiing the 50-50% custody timeshare, that is a treatment related issue, not a child custody issue (unless there is child abuse that warrants a child protection response).

Craig Childress, Psy.D.
Clinical Psychologist, PSY 18857

References Cited

Barber, B.K. (2002). Intrusive parenting: How psychological control affects children and adolescents. Washington, DC.: American Psychological Association.

Kerig, P.K. (2005). Revisiting the construct of boundary dissolution: A multidimensional perspective. Journal of Emotional Abuse, 5, 5-42.

Linehan, M. M. (1993). Cognitive-behavioral treatment of borderline personality disorder.  New York, NY: Guilford

Paulhus, D. L., & Williams, K. M. (2002). The dark triad of personality: Narcissism, Machiavellianism, and psychopathy. Journal of Research in Personality, 36, 556–563.

An Open Letter to the Parental Alienation Study Group (PASG):

An Open Letter to the Parental Alienation Study Group (PASG):


Don’t you see my path?

In order to leverage the solution to “parental alienation” we must be able to hold all mental health professionals accountable for an accurate assessment of the pathology, and an accurate diagnosis of the pathology.

We do this through the DSM-5.  The DSM-5 diagnosis we seek in ALL cases of “parental alienation” is V995.51 Child Psychological Abuse, Confirmed.  The attachment-related pathology of “parental alienation” is not a child custody issue, it is a child protection issue.  That is the definitional change that will lead to the solution.

I have laid the Foundations for this diagnosis.  I have identified three definitive diagnostic indicators for the pathology.  These three diagnostic indicators are all established symptoms that are within the diagnostic scope of practice for ALL mental health professionals: 1) attachment-related symptoms, 2) personality disorder features, 3) an encapsulated persecutory delusion.

By shifting the construct from “parental alienation” to pathogenic parenting, I have taken control of the construct-language in order to compel professional competence from ALL mental health professionals; from all court-involved therapists; from all child custody evaluators.

Don’t you see what I’m doing?   I am compelling professional competence.

I then created the Diagnostic Checklist for Pathogenic Parenting to act as the leverage point to achieve professional competence from ALL mental health professionals in the assessment and diagnosis of the pathology.  The term “pathogenic care” was used in the DSM-IV TR relative to an attachment-related disorder (Reactive Attachment Disorder).  It is an established construct in professional psychology that cannot be denied by any mental health professional.  The attachment system is an established and fully accepted construct in professional psychology.  Personality disorder pathology is an established and fully accepted construct in professional psychology.  Delusional psychiatric pathology is an established and fully accepted construct in professional psychology.  Incompetent mental health professionals are trapped.  They have no choice except to become competent.  They must assess for the pathology.

Standard 9.01a of the APA ethics code requires that:

9.01 Bases for Assessments
(a) Psychologists base the opinions contained in their recommendations, reports and diagnostic or evaluative statements, including forensic testimony, on information and techniques sufficient to substantiate their findings.

Standard 9.01a explicitly requires that diagnostic statements and forensic testimony must be based on “information and techniques sufficient to substantiate their findings.”  Standard 9.01a is the anvil.  The Diagnostic Checklist for Pathogenic Parenting is the hammer.  And from this hammer and anvil we forge the DSM-5 diagnosis of V995.51 Child Psychological Abuse, Confirmed.

Here is the sound of the hammer falling upon the anvil:

Pathogenic parenting that is creating significant developmental pathology in the child (diagnostic indicator 1), personality disorder pathology in the child (diagnostic indicator 2), and an encapsulated persecutory delusion in the child (diagnostic indicator 3) in order to meet the emotional and psychological needs of the parent represents a DSM-5 diagnosis of V995.51 Child Psychological Abuse, Confirmed.

Hear it?  The sound of the hammer against the anvil creating the DSM-5 diagnosis of Child Psychological Abuse?

The anvil of Standard 9.01a of the APA ethics code and the hammer of the Diagnostic Checklist for Pathogenic Parenting forges the DSM-5 diagnosis of V995.51 Child Psychological Abuse, Confirmed.  And ALL mental health professionals can then be held accountable for this standard of professional practice.  Pathogenic parenting is a fully established and fully accepted psychological construct (referenced in the DSM-IV TR regarding an attachment-related pathology).

Don’t you see what I’m doing?  Don’t you see how I’m leveraging the construct of pathogenic parenting into a confirmed DSM-5 diagnosis of child psychological abuse?

Don’t you want a confirmed DSM-5 diagnosis of Child Psychological Abuse from every single mental health professional who comes into contact with this form of attachment-related pathology?

Don’t you see how useful this will be in solving “parental alienation”?

For those of you who might argue that this approach doesn’t solve everything… can we at least get this first step in place of having ALL mental health professionals assess for the pathology using a standardized assessment protocol, and having ALL mental health professionals acknowledge that the attachment-related pathology of pathogenic parenting is Child Psychological Abuse.

Let’s get this first step.  It is an immense step forward.

And notice the Associated Clinical Signs that are listed on the Diagnostic Checklist for Pathogenic Parenting.  The use of the Diagnostic Checklist for Pathogenic Parenting opens up this whole domain of discussion regarding the Associated Clinical Signs of the pathology.

Don’t you see what I’m doing?

I’m now shifting to preparing the battlefield for the second phase, the assessment phase once all mental health professionals – all court-involved therapists, all child custody evaluators – begin incorporating the Diagnostic Checklist for Pathogenic Parenting into their clinical assessments.

The Diagnostic Checklist for Pathogenic Parenting documents the pathology.  I am now beginning to provide structure for the assessment process itself.  In recent essays posted to my website and referenced in my blog (Alternative Assessment to Child Custody Evaluations), I describe a three-phase assessment procedure for conducting the clinical assessment interviews for pathogenic parenting in the family:

  1. Initial interviews with each parent and the child individually
  2. Joint parent-child assessment sessions
  3. Confirming clinical interviews with each parent individually

I have also described a clinical interview process for identifying the “behavior-chain” sequence (from Applied Behavioral Analysis; ABA) surrounding specific parent-child conflict events and I have introduced the construct of “stimulus control” (also from Applied Behavioral Analysis; ABA) into the assessment process.  I have also provided a Parent-Child Relationship Rating Scale for documenting a Single-Case ABAB intervention assessment and treatment protocol.

All of this lays the groundwork for evidence-based practice. Don’t you see what I’m doing?

I have also structured the documentation of the targeted parent’s normal-range parenting practices using the Parenting Practices Rating Scale.  Documentation.  Evidence-based practice.

And, I have provided a structured template on my website for the report which is produced by the assessment (a Treatment Needs Assessment).  A simple and direct report based on the referral question and documented evidence.  Sub-threshold symptoms result in a Response-to-Intervention assessment (RTI).  Evidence-based practice.

Don’t you see what I’m doing?  We don’t need an expensive child custody evaluation.  We need a simpler Treatment Needs Assessment – 6 to 8 clinical interview sessions, the Diagnostic Checklist for Pathogenic Parenting to document the child’s symptoms, the Parenting Practices Rating Scale to document the normal-range parenting of the targeted parent, a confirmed DSM-5 Diagnosis of Child Psychological Abuse, and a simple direct report to… to whom?

To the Court.  Don’t you want to give the targeted parent this straightforward report to provide to the Court with a confirmed DSM-5 diagnosis of Child Psychological Abuse?

To CPS.  Don’t you want the mental health professional to send this straightforward report to CPS along with a suspected child abuse report made by the mental health professional?  A simple, direct report providing a confirmed DSM-5 diagnosis of Child Psychological Abuse.

This is an immense step forward from where we have been regarding the assessment and diagnosis of “parental alienation.”

Once we have achieved this ground on the battlefield, this will serve as our new footing from which we can launch further into enacting a complete solution to the attachment-related pathology of “parental alienation.”  In our battle to solve the attachment-related pathology of “parental alienation” we are attacking specific key points on the battlefield with focused precision.  We are seeking to take these key strategic points on the battlefield – the APA ethics code, the DSM-5 diagnosis of Child Psychological Abuse, a structured and standardized assessment protocol which establishes a “standard of practice” for the assessment and diagnosis of the pathology.

Once we achieve these key strategic points on the battlefield – the APA ethics code, a standardized assessment protocol for all mental health professionals, a confirmed DSM-5 diagnosis of Child Psychological Abuse and the general recognition of the pathology as child abuse – then we turn to obtaining “special population” status for these children and families, requiring specialized professional knowledge and expertise to competently assess, diagnose, and treat; and we will also then turn to the Child Protective Services system to implement standardized assessment protocols to identify the psychological child abuse of “parental alienation” (pathogenic parenting; the Diagnostic Checklist for Pathogenic Parenting – and the Associated Clinical Signs).

Gardnerian PAS offers none of this.  The eight diagnostic indicators of Gardnerian PAS offer none of this.  This solution is only available by a paradigm shift to the three diagnostic indicators of attachment-based “parental alienation” (AB-PA).

Gardnerian PAS does not provide a standardized assessment protocol to which all mental health professionals can be held accountable.  AB-PA does.

Gardnerian PAS does not provide a confirmed DSM-5 diagnosis of Child Psychological Abuse.  AB-PA does.

Gardnerian PAS does not lead directly to the protective separation of the child from the psychologically abusive parent as the required intervention.  AB-PA does.

Gardnerian PAS does not produce the succinct clarity of a Treatment Needs Assessment report as a replacement for a child custody evaluation.  AB-PA does.

AB-PA represents a substantial move forward in solving the attachment-related pathology of “parental alienation.”  Achieving this ground on the battlefield requires a paradigm shift to the three diagnostic indicators of AB-PA.

Gardnerian PAS must die.  The eight diagnostic indicators of Gardnerian PAS must die.  A paradigm shift must occur.  A paradigm shift will occur.  A paradigm shift is occurring.

I am asking you to join me, to bring all of our voices into a single combined voice to enact the paradigm shift.  This is not a child custody issue.  It is a child protection issue.

The solution is available today; this instant.  All that’s required is the paradigm shift.

The use of the Diagnostic Checklist for Pathogenic Parenting is available today; this instant.  All that’s required is the paradigm shift.

The DSM-5 diagnosis of Child Psychological Abuse, Confirmed from all mental health professionals, all court-involved therapists, and all child custody evaluators is available today; this instant.  All that’s required is the paradigm shift.

The focused Treatment Needs Assessment report is available today; this instant.  All that’s required is the paradigm shift.

Don’t you see the map of the battlefield we’re fighting on?  The APA ethics code.  A DSM-5 diagnosis of Child Psychological Abuse.  Evidence-based practice.  Accountability for professional competence.  Don’t you see how we are systematically taking each of these points on the battlefield.  Don’t you see the strategy?

I’m asking you to join me, to join us.  Children and families are suffering, and every day without a solution is one day too long. The solution is available today; this instant.  All that’s required is the paradigm shift to the three diagnostic indicators of AB-PA.

Craig Childress, Psy.D.
Clinical Psychologist, PSY 18857

An Alternative Assessment to Child Custody Evaluations

Reliability:  The stability of the conclusions and findings of an assessment procedure.

Validity:  The truth or accuracy of the conclusions and findings resulting from an assessment procedure.


There is no established validity to the conclusions and recommendations reached by child custody evaluations.  There is no scientific evidence documenting the construct validity, content validity, predictive validity, convergent validity, or divergent validity for the conclusions and recommendations reached by child custody evaluations. 

There is no established inter-rater reliability regarding the conclusions and recommendations reached by child custody evaluations.  This means that the conclusions and recommendations reached by any individual child custody evaluation are merely the opinions of this one person – the one psychologist conducting the evaluation – and the conclusions and recommendations reached by this one individual psychologist may not be matched by the conclusions and recommendations reached by another psychologist given the same set of information.

Two different child custody evaluators looking at the same exact data may reach wildly different conclusions and recommendations. There is no established inter-rater reliability regarding the conclusions and recommendations reached by child custody evaluations.

If the conclusions and recommendations from an assessment procedure are not stable – are not reliable – from one evaluator to the next, then the conclusions and recommendations cannot be valid. 

If one day my assessment procedure determines that you are 6’2″ tall, and the next day my assessment procedure determines that you are 4’8″ tall, then my assessment procedure is not a valid (truthful-accurate) measure of your height, because your height is stable but my results are not – and because my results are not reliable (stable), they cannot be a valid (accurate-truthful) measure of your height. Are you 4’8″ tall?  6’2″ tall?  Or somewhere in between?  Who knows.

This is a basic and foundational premise of assessment which is known by every psychologist.

If the conclusions and recommendations reached by one child custody evaluator based on a set of data can be markedly different from the conclusions and recommendations reached by a different child custody evaluator looking at the same data (inter-rater reliability), then the assessment procedure of child custody evaluations is not reliable – the findings are not stable across evaluators.  And if the conclusions and recommendations reached by child custody evaluations are not reliable (stable across evaluators; inter-rater reliability), then they cannot, by definition, be valid (accurate-truthful).

The conclusions and recommendations offered by child custody evaluations merely reflect the personal biases of the individual evaluator, not the actual truth or accuracy of the situation – because the findings, conclusions, and recommendations can change from one evaluator to the next.

The conclusions and recommendations reached by child custody evaluations are no more valid than those reached by a monkey throwing darts at a dart board.

If any mental health professional disagrees with this statement, there is a Comment section to the blog.  I invite any mental health professional to cite for me a single research study demonstrating that the conclusions and recommendations reached by child custody evaluations are any more valid than a monkey throwing darts at a dartboard.

A single citation… <crickets>   Just one.  <crickets>

The Emperor Has No Clothes.

Child custody evaluations violate all of the professionally established standards of practice for the development of an assessment procedure.

While there are professional standards describing how child custody evaluation data should be collected and the role-relationships of the custody evaluator to the Court and the various family members (APA; AFCC), these professional standards do not define the key constructs assessed by child custody evaluations and they do not describe standardized procedures for how the data should be interpreted.

And it’s the interpretation of the data that is key to developing the conclusions and recommendations.

Child custody evaluators are completely free to arbitrarily apply, misapply, or not apply any, some, or none of the established principles and constructs of professional psychology to the interpretation of the data.

No Operational Definitions of Key Constructs:  There are no operational definitions for the key constructs of “best interests of the child” and “parental capacity.”

No Inter-Rater Reliability:  There is no established inter-rater reliability for the conclusions and recommendations reached by child custody evaluations.

No Established Validity:  There is no scientifically established construct validity, content validity, predictive validity, convergent validity, or divergent validity for the conclusions and recommendations reached by child custody evaluations.

Child custody evaluations do not employ any systematic or standardized approach to the interpretation of the data obtained by the evaluation.

The interpretation of data by child custody evaluators is based entirely – entirely – on the idiosyncratic content of the evaluator’s highly variable base of knowledge – or their lack of knowledge – and their conclusions and recommendations are entirely – entirely – subject to the personal prejudices and personal biases of each individual evaluator.

Caveat: Except in cases of child abuse which would warrant a child protection response…

There is no scientific or theoretical foundation which would allow professional psychology to render an opinion regarding the “best interests of the child,” since the very concept of “best interests of the child” is undefined and fundamentally undefinable given the overwhelming complexity of the parent-child relationship and the overwhelming complexity of individual idiosyncratic life-factors affecting the interpersonal family relationships occurring across time, individual circumstances, and the complexity of child maturation and development.

Caveat:  Except in cases of child abuse which would warrant a child protection response…

There is no scientific or theoretical foundation which would allow professional psychology to render an opinion regarding whether a 60-40% custody time-share is in the “best interests of the child” relative to a 70-30% custody time-share, relative to an 80-20% custody time-share, relative to a 90-10% custody time-share, relative to a 50-50% custody time-share.  There is NO scientific or theoretical foundation on which to form such an opinion.

Any opinion offered regarding the relative merits of differing custody time-share alternatives are NOT based in any scientifically or theoretically established psychological principles and constructs, and such opinions are based solely in the personal beliefs, prejudices, and biases of the individual evaluator.  Different mental health professionals examining the same data can reach entirely different conclusions and recommendations based on their personal beliefs, prejudices, and biases, because there is no scientifically or theoretically established foundation for the formation of an opinion regarding the long-term “best interests of the child.”

Children benefit from complex relationships with both parents.

Since there is no scientifically or theoretically established foundation that would allow for a professionally responsible opinion regarding the long-term “best interests of the child” that would result from a 60-40%, 70-30%, 80-20%, 90-10%, or 50-50% child custody time-share in any individual situation, the ONLY professionally responsible opinion that can be provided by professional mental health in all cases concerning child custody time-share (with the exception of child abuse, which would warrant a child protection response) is a recommendation for shared 50%-50% custody time-share based on the foundational principle that children benefit from a complex relationship with both parents.

If the parents wish to cooperatively develop an alternative custody time-share schedule, that is their right and their prerogative as parents.  But the ONLY professionally responsible opinion available which would be grounded in a scientifically and theoretically supported foundation – given the immense complexity of the changing and idiosyncratic life-factors and relationship factors involved – is for a shared 50-50% custody time-share based on the foundational principle that children benefit from a complex relationship with both parents.

Any other professional opinion exceeds the scope of scientifically and theoretically grounded professional practice.

Addressing Family Conflict

If family conflict emerges from a 50-50% custody time-share, this is a treatment-related issue NOT a child custody issue.

Professional psychology should scrupulously avoid being drawn into the spousal conflict surrounding divorce by accepting an inappropriate professional role of acting as arbiter in the spousal dispute as to which spouse is the “better parent” who should be awarded the “custody prize” of the child.

Awarding the “custody prize” of the child to the spouse who is deemed to be the “better parent” is a dramatically inappropriate role for professional psychology to undertake, and it is a role that exceeds the scope of scientifically and theoretically grounded professional practice.

The practice of child custody evaluations violate all aspects of scientifically and professionally supported assessment practice (reliability, validity, definitions of key constructs), the conclusions and recommendations produced by child custody evaluations are based entirely on the ideosyncratic beliefs, personal biases, and highly variable knowledge base of the individual evaluator, and the conclusions and recommendations offered exceed the scope of scientifically and theoretically grounded professional practice.

Children benefit from a complex relationship with both parents.

Differing complex relationships will produce differing complex outcomes of uncertain specificity.  These complex and uncertain outcomes will emerge within the context of uncertain and changing life circumstances and the inherently complex variability of the surrounding life context.  These changing and inherently complex life circumstances develop over time and they interact with the child’s own developmental maturation and the ever-changing maturation and growth of the parent-child relationship.

Except in cases of child abuse, it is fundamentally and completely impossible to determine the relative long-term “best interests of the child” that will result from a 60-40%, 70-30%, 80-20%, 90-10%, or 50-50% custody timeshare, and any attempt to do so is grossly misguided, ill-informed, and beyond the scope of scientifically and theoretically grounded professional practice.

If the Court wishes the input of professional psychology regarding child custody surrounding family conflict, such as the emergence of attachment-related pathology in the parent-child relationship evidenced in the child’s refusal to cooperate with the 50-50% custody time-share schedule, this is a treatment-related question regarding the resolution of attachment-related pathology, not a child custody question.

This treatment-related question before the Court can best be addressed by a structured and focused Treatment Needs Assessment procedure rather than by the more elaborate, expensive, unreliable, biased, and scientifically unsupported assessment procedure of a child custody evaluation.

The question before the Court is whether the attachment-related pathology being evidenced in the family represents a child abuse issue that warrants a change in custody as a child protection response.

If the family issues do not rise to the level of child abuse and so do not warrant a child protection response involving the child’s protective separation from the abusive parent, then the family conflict becomes a treatment-related issue, not a child custody issue, and the Court would then benefit from professional mental health guidance regarding the treatment-related needs of the child and family.

Children benefit from a complex relationship with both parents. Altering child custody time-share from a shared 50-50% standard is only warranted under two circumstances:

Child Abuse:  In cases of child abuse, a protective separation of the child from the abusive parent represents an appropriate child protection response.  Treatment should then focus on healing the psychological and emotional impact of the abuse on the child, and then on restoring the child’s relationship with the formerly abusive parent with sufficient safeguards to ensure that the child abuse does not resume once contact with the formerly abusive parent is restored.

Mutual Parental Cooperation:  Parents may choose to cooperate in developing an alternative custody time-share schedule regarding their children.  This is their right and prerogative as parents.

Treatment Needs Assessment

Diagnostic Checklist for Pathogenic Parenting

Pathogenic parenting that is creating significant developmental pathology in the child (diagnostic indicator 1), personality disorder pathology in the child (diagnostic indicator 2), and delusional-psychiatric pathology in the child (diagnostic indicator 3) in order to meet the emotional and psychological needs of the parent represents a DSM-5 diagnosis of V995.51 Child Psychological Abuse, Confirmed.

When the issue before the Court is the attachment-related pathology of AB-PA (alleged pathogenic parenting by a narcissistic or borderline personality parent), the appropriate assessment methodology would be a Treatment Needs Assessment that specifically evaluates for the presence of pathogenic parenting by an allied narcissistic/(borderline) parent which would represent a DSM-5 diagnosis of V995.51 Child Psychological Abuse, Confirmed.

A DSM-5 diagnosis of V995.51 Child Psychological Abuse, Confirmed would warrant a child protection response of a Court-ordered protective separation of the child from the psychologically abusive parenting practices of the allied narcissistic/(borderline) parent, and the implementation of a treatment protocol to resolve the child’s attachment-related pathology created by the pathogenic parenting of the narcissistic/(borderline) parent.

A Treatment Needs Assessment protocol represents this type of focused clinical assessment designed to specifically address the referral question of concern: 

Is there psychological child abuse (or other forms of child abuse) that would warrant a Court-ordered protective separation of the child from the abusive parent during the period of the child’s treatment and recovery stabilization.

A targeted Treatment Needs Assessment for pathogenic parenting associated with AB-PA can typically be completed in six to eight clinical assessment sessions that specifically assess for the three diagnostic indicators of pathogenic parenting in the child’s symptom display (Diagnostic Checklist for Pathogenic Parenting) within the context of the surrounding family dynamics (e.g., triangulation; cross-generational coalition; emotional cutoffs; inverted hierarchy; displays of selective parental incompetence by the allied parent; stimulus control features to the parent-child conflict).

The Treatment Needs Assessment would produce a focused clinical assessment report directed specifically toward the referral question. 

I have posted to my website a brief overview of the treatment-related decision-making surrounding a Treatment Needs Assessment along with two examples for the type of report that can be produced by this focused clinical assessment procedure (Treatment Needs Assessment Report Examples).  The first example report would be for a positive finding of the three diagnostic indicators of pathogenic parenting.  The second example report would be for a sub-threshold finding in which some diagnostic criteria for pathogenic parenting are present, but the child does not meet all three criteria for a DSM-5 diagnosis of V995.51 Child Psychological Abuse, Confirmed.

The clinical assessment procedure itself is divided into three phases:

Individual Sessions:  The initial phase of assessment involves clinical assessment sessions with each parent individually, and with the child individually as appropriate, to collect history and symptom information from each family member’s perspective. This phase involves the collection of specific behavior-chain sequences surrounding incidents of parent-child conflict (Behavior Chain Assessment of Parent-Child Conflict).

Joint Parent-Child Sessions:  The symptom features of the parent-child relationship are then directly assessed in joint parent-child sessions which may include collaborative behavior-chain assessments as well as focused Response-to-Intervention probes of the relationship dynamic.

Confirmation Sessions:  The clinical symptom evidence developed during the initial sessions with each parent and the joint parent-child relationship sessions is then further confirmed in follow-up sessions with each parent individually.  These follow-up confirmation sessions explore the schema patterns evidenced by the parents relative to the information obtained in the prior clinical assessment sessions.

Based on this focused set of clinical assessments, the child’s symptom pattern can be documented (Diagnostic Checklist for Pathogenic Parenting) as well as the potentially problematic or normal-range parenting practices of the targeted-rejected parent (Parenting Practices Rating Scale).

Three outcomes are possible from this focused Treatment Needs Assessment:

1.)  AB-PA is Present:  The full set of three diagnostic indicators of pathogenic parenting associated with AB-PA are present in the child’s symptom display.  This outcome warrants the DSM-5 diagnosis of V995.51 Child Psychological Abuse, Confirmed and the initiation of a child protection response and appropriate treatment.

2.)  Sub-Threshold:  Some of the symptoms of pathogenic parenting are evident in the child’s symptom display, but the child’s symptom pattern is sub-threshold for a diagnosis of Child Psychological Abuse (pathogenic parenting).  In this case, a 6-month Response-to-Intervention trial can be initiated to clarify the diagnosis of the family pathology.

  • If changes to the parenting practices of the targeted-rejected parent produce corresponding changes in the child’s response to this parent (i.e., evidence that the child’s behavior is under the “stimulus control” of the parent’s behavior), then the parent-child conflict is relatively authentic to this relationship and standard family systems therapy can help resolve the family conflict.
  • If changes to the parenting practices of the targeted-rejected parent do not produce corresponding changes in the child’s response to this parent, then the child’s behavior is not under the “stimulus control” of the parent’s behavior.  This represents diagnostically relevant evidence for a cross-generational coalition with the allied and supposedly “favored” parent as being the cause of the child’s conflict with the targeted-rejected parent (i.e., that the source of “stimulus control” for the child’s conflict with the targeted parent is the response the child receives from the allied and supposedly “favored” parent surrounding the child’s conflict with the other parent – Inauthentic Conflict Indicators).  Appropriate family systems therapy should then be initiated to resolve the family pathology of a cross-generational coalition of the allied parent and child against the targeted parent. 
  • If the parenting practices of the allied parent who is in a cross-generational coalition with the child against the other parent are creating significant psychopathology in the child, then the pathogenic parenting by the allied parent may represent a DSM-5 diagnosis of V995.51 Child Psychological Abuse, Confirmed, which would then warrant a child protection response.

3.)  AB-PA is Not Present:  The three diagnostic indicators of pathogenic parenting are not present in the child’s symptom display.  The parent-child conflict is therefore not due to pathogenic parenting by an allied narcissistic/(borderline) parent, and parenting factors from the targeted parent are likely contributing to the emergence of the parent-child conflict.  The problematic parenting of the targeted parent should be documented on the Parenting Practices Rating Scale, and improving these problematic parenting practices will become the focus of treatment.  Standard family therapy and parenting skill instruction can help resolve the family conflict and no change in the 50-50% child custody time-share is warranted.

An appropriate assessment leads to an accurate diagnosis, and diagnosis guides treatment.

Definition of Constructs:  Pathogenic parenting is a defined construct in both clinical and developmental psychology (patho=pathological; genic=genesis, creation).  Pathogenic parenting is the creation of significant pathology in the child through aberrant and distorted parenting practices.  Pathogenic parenting is operationally defined in the Treatment Needs Assessment as the presence in the child’s symptom display of three established forms of pathology, 1) attachment-related pathology, 2) personality disorder pathology, and 3) delusional-psychiatric pathology (the Diagnostic Checklist for Pathogenic Parenting).  All of these symptom indicators are within the diagnostic scope of practice for all mental health professionals.

Inter-Rater Reliability:  Standardizing the collection, documentation, and interpretation of data by using the Diagnostic Checklist for Pathogenic Parenting and the Parenting Practices Rating Scale will substantially improve the inter-rater reliability of the assessment.  Going forward, the standardized structure afforded by the use of these documentation checklists will allow research to be conducted to confirm the inter-rater reliability (with a specific reliability coefficient) for the identification of the three diagnostic indicators of pathogenic parenting and for the assessment and documentation of parenting practices.  Inter-rater reliability can also be improved with training.

Construct Validity:  An Attachment-Based Model of Parental Alienation: Foundations offers support for the construct validity of the Diagnostic Checklist for Pathogenic Parenting.  Again, going forward, the standardized structure afforded by the use of the Diagnostic Checklist for Pathogenic Parenting and the Parenting Practices Rating Scale will also allow research to be conducted to establish other forms of validity, such as content validity for the three diagnostic indicators, convergent validity relative to other related forms of family pathology (such as enmeshment and the Dark Triad personality), and divergent validity for unrelated forms of family pathology (such as autism-spectrum or ADHD-spectrum parent-child conflicts).  Predictive validity can also be assessed through longer-term follow-up with cases that have been assessed, diagnosed, and treated using an AB-PA model of the pathology.  Incorporating the 12 Associated Clinical Signs identified on the Diagnostic Checklist for Pathogenic Parenting into research can also lead to the possible identification of differing forms of the pathology and potentially to increased professional insight into the functioning of the attachment system and the trans-generational transmission of attachment trauma.

Standardization of Diagnostic Interpretation:  Unlike the vaguely defined construct of “parental alienation” currently in use by many mental health professionals, the definition of pathology employed by the Treatment Needs Assessment using the Diagnostic Checklist for Pathogenic Parenting and the AB-PA model of pathology as described and defined in An Attachment-Based Model of Parental Alienation: Foundations provides a standardized approach to the interpretation of child symptoms using standard and established psychological principles and constructs.

Cost and Time Benefits:  A typical child custody evaluation can cost between 20 to 30 thousand dollars and can take between six to nine months to complete.  This places child custody evaluations beyond the affordability of many families.  In addition, the time delays surrounding the completion of a child custody evaluation allow the child’s symptomatology to become ever more entrenched with each passing day.  To the extent that the pathogenic parenting by the allied narcissistic/(borderline) parent represents a DSM-5 diagnosis of Child Psychological Abuse, Confirmed, the delay of six to nine months in enacting an appropriate child protection response is excessive.  A more focused Treatment Needs Assessment can be completed within six to eight weeks for a probable cost of under $2,000.  The increased timeliness of the report’s completion within six to eight weeks of referral allows for a quicker child protection response that more actively addresses and resolves the child’s psychological abuse.

Craig Childress, Psy.D.
Clinical Psychologist, PSY 18857

The Three Principles of Child Custody Recommendations

I have just posted these three principles for child custody recommendations to my website:

The Three Principles of Child Custody Recommendations


Principle 1 – Child Custody Evaluations: There is no established validity for the conclusions and recommendations reached by child custody evaluations.

Child custody evaluations violate all of the professional standards of practice for the development of an assessment procedure.

A.)  Inter-Rater Reliability: There is no established inter-rater reliability for the conclusions and recommendations of child custody evaluations.  Two different evaluators can reach two entirely different sets of conclusions and recommendations based on the same data.  If an assessment procedure is not reliable, then the assessment procedure cannot, by definition, be valid (the issue is not the collection of data, it is the interpretation of the data).

B.)  Validity: There are no scientific studies that establish the construct validity, content validity, predictive validity, convergent validity, or discriminant validity of the conclusions and recommendations reached by child custody evaluations.

C.)  Operational Definitions: There are no operational definitions for the key constructs of “parental capacity” and “best interests of the child.”  Defining the key constructs to be assessed is foundational to the development of an assessment procedure.  Without operational definitions for the key constructs of “parental capacity” and “best interests of the child,” individual child custody evaluators are free to arbitrarily apply, misapply, or not apply, any, some, or none of the established principles and constructs of professional psychology in any way the evaluator chooses in order to reach an arbitrary decision regarding child custody which is potentially biased by the evaluator’s own beliefs, prejudices, knowledge base, and personal family-of-origin history.

Principle 2 – Custody Time-Share:  There is no scientific or theoretical foundation on which to base an opinion regarding the “best interests” of the child surrounding custody time-share decisions in any individual situation.

A.)  No Definition: Without first defining the construct of “best interests of the child” there are no rational and standardized criteria to apply in determining the best interests of the child.

B.)  Complex Relationships: Children benefit from complex relationships with both parents.  The complexity of the parent-child relationship and the continual fluidity of personal, developmental, and family changes across time prevent any prediction regarding the long-term “best interests” of the child.

C.)  Standard Default Opinion: In the absence of any scientifically or theoretically grounded foundation for deciding the “best interests of the child,” there is no basis for forming or offering an opinion regarding alternative custody time-share options.  Except in cases of child abuse (which would warrant a child protection response), the default recommendation from professional psychology in all cases regarding custody time-share should be for a shared 50-50% custody time-share between the parents.  The parents may cooperatively decide on an alternative custody time-share schedule, and that is their right.  However, the standard recommendation from professional psychology in all cases of child custody (except cases of child abuse that warrant a child protection response) should be for a 50-50% custody time-share between parents, based on the foundational premise that children benefit from a complex relationship with both parents.

Principle 3 – Family Conflict:  Family conflict is a treatment-related issue, not a child custody issue.

A.)  Triangulation into the Inter-Spousal Conflict: Mental health professionals should scrupulously avoid being triangulated into the inter-spousal conflict surrounding divorce when they accept the inappropriate professional role of determining which spouse is the “better parent” who should be awarded the “custody prize” of the child in the inter-spousal conflict surrounding divorce.

B.)  Family conflict: Parent-child conflict and inter-spousal conflict are treatment-related issues, not child custody issues. If there is parent-child or family conflict surrounding a 50-50% child custody time-share schedule following divorce, then these family conflicts can be addressed and resolved in therapy.  Modifications in the standard 50-50% child custody time-share should be based solely on child protection considerations (or through the mutual cooperative agreement of the parents).

C.)  Pathogenic Parenting: Pathogenic parenting is the creation of significant pathology in the child through aberrant and distorted parenting practices (patho=pathology; genic=genesis, creation).  Pathogenic parenting that is creating significant developmental and psychiatric pathology in the child may warrant the DSM-5 diagnosis of V995.51 Child Psychological Abuse and a child protection response.  In all cases of child abuse (physical abuse, sexual abuse, and psychological abuse), the standard and appropriate mental health response is to protectively separate the child from the abusive parent, treat the impact of the abuse on the child and restore the child’s healthy development, and then to reintroduce the child to the formerly abusive parent with sufficient safeguards to ensure that the child is safe and that the abuse does not resume.  During the protective separation period, the abusive parent is typically required to seek collateral individual therapy to gain insight into the cause of the prior abusive parenting practices.


Craig Childress, Psy.D.
Clinical Psychologist, PSY 18857

Assessing the Behavior-Chain in Parent-Child Conflict

In my consultation work with attorneys, I am often asked to review the clinical psychology data contained in child custody reports.  One of the prominent features that I have noticed is the highly variable and often inadequate approach to the clinical interview that is evidenced in these child custody reports.

Forensic child custody evaluators believe they are exempt from the standards of practice required of clinical psychology.  In their book, Forensic Psychology Consultation and Child Custody Litigation: A Handbook for Work Product Review, Case Preparation, and Expert Testimony, Stahl and Simon (2013) indicate that “clinical thinking and the clinical mindset are no longer felt to be an appropriate approach to forensic psychological work” (p. 18), they “strongly disagree with the clinical approach” (p. 18), and they offer the opinion that, “while there is certainly some overlap between forensic thinking and clinical thinking, we view these modalities as distinct” (p. 20).

Unfortunately, their subsequent analysis of the supposed distinctions in “clinical” thinking and “forensic” thinking substantially mischaracterizes clinical psychology to the point of creating a straw-man argument.

Freed from the confines of the established professional practices and the scientifically established information base of clinical psychology, child custody evaluators believe themselves free to simply make up assessment procedures.  The Standards offered by the American Psychological Association (APA Specialty Guidelines for Forensic Psychology) and the Association of Family and Conciliation Courts (AFCC Model Standards of Practice for Child Custody Evaluations) provide only general guidelines but do not specifically address the structure of the clinical interview process and the specific application of established constructs and principles from professional psychology to the collected data.

A professional standard in the clinical interview process, derived from Applied Behavioral Analysis, is the collection of the behavior-chain sequence surrounding a behavior; the antecedent cue for the behavior, the expression of the behavior itself, and the consequences that accrue from the behavior.  In Applied Behavioral Analysis, this behavior-chain sequences is referred to as A-B-C; antecedent-behavior-consequence.

The clinical interview to obtain this behavior-chain sequence represents a structured and systematic approach to acquiring information in the clinical interview process, and it guides the assessment process relevant to making an accurate diagnosis regarding the cause of the behavior.

When applied to a parent-child conflict, the clinical interview assessment process of identifying the behavior-chain sequence surrounding the parent-child conflict involves specifically identifying the step-by-step sequence of behaviors that emerged during the parent-child conflict that served as eliciting cues for the subsequent steps in the behavior-chain sequence.

The Applied Behavioral Analysis assessment of identifying the behavior-chain sequence requires that each step in the behavior chain be described in term of specific behaviors, specific communications, and specific feelings.  The client’s use of vague or global descriptions prompts additional assessment for specificity in the description of behaviors and feelings.

Based on my review of current child custody evaluation practices, the standardized application of Applied Behavioral Analysis clinical interviewing to establish the specific behavior-chain descriptions of the parent-child conflict from the perspectives of both the parent and child would substantially improve the assessment process and the reliability of data collection in child custody evaluations.

I have recently prepared a handout for training mental health professionals in the application of the Applied Behavioral Analysis clinical interviewing procedure of identifying the behavior-chain sequence in parent-child conflict.  I have posted this handout to my website:

Assessing the Behavior-Chain in Parent-Child Conflict

Incorporating the Applied Behavioral Analysis clinical interview procedures for identifying the behavior-chain sequence in parent-child conflict with the structured Parenting Practices Rating Scale (Childress, 2016), also available on my website, would help standardize and therefore substantially improve the methodology employed in child custody evaluations by standardizing the collection and documentation of data collected through the clinical interview process of child custody evaluations.

The current practice of child custody evaluations is abysmal.

There is no scientifically established validity for the conclusions and recommendations derived from child custody evaluations.  There are no studies establishing the construct validity, the content validity, the predictive validity, the convergent validity, or the divergent validity of the conclusions and recommendations of child custody evaluations.

There is no established inter-rater reliability for the conclusions and recommendations derived from child custody evaluations.  If an assessment procedure is not reliable, then it cannot, by definition, be valid.

There are no operational definitions for the key constructs of “parental capacity” and the “best interests of the child.”  Defining the operational definitions for the key constructs of the assessment is the foundation for creating an assessment procedure.

Child custody evaluations violate ALL of the established professional procedures for developing an assessment methodology.

Furthermore, child custody evaluations do not apply in any systematic way the established psychological principles and constructs from professional psychology to the acquired data.  Instead, each evaluator is allowed to individually and arbitrarily apply whatever psychological principles and constructs they wish, or none at all, to the acquired data.

The Parenting Practices Rating Scale is an initial effort to bring an operational definition to the construct of “parental capacity.”

The application of the Applied Behavioral Analysis clinical interview procedures for establishing the behavior-chain surrounding parent-child conflict would substantially improve the clinical interview methodology used in child custody evaluations by standardizing the data collection procedures of the clinical interview process.

Craig Childress, Psy.D.
Psychologist, PSY 18857

A Solution to Assessing the Best Interests of the Child

In my previous blog post, A Solution to Assessing Parental Capacity, I describe how the most basic and fundamental principle in developing an assessment procedure for any construct is to first define the construct (which is called its “operational definition” for assessment purposes).

This is absolutely Assessment 101 – basic and foundational. 

First, operationally define the construct.

For the construct of intelligence, Spearman proposed a two-factor definition of intelligence involving an overarching form of intellectual ability – a general intelligence factor which he called g – along with specific individual factors which he callled s, such as Vocabulary, Reading Comprehension, Arithmetic Reasoning, and Computation, .

Thurstone, on the other hand, rejected Spearman’s proposal of a general factor (g) and instead proposed a multi-factor theory.  Thurstone analyzed scores from 56 different tests taken by children of different ages, from which he identified seven “primary mental abilities” that include; 1) Numerical Ability, 2) Verbal Comprehension Ability, 3) Word Fluency Ability, 4) Memory Ability, 5) Reasoning Ability, 6) Spatial Ability, and 7) Perceptual Speed.

Raymond Cattell and John Horn proposed a two-factor model for intelligence comprised of Fluid intelligence (the ability to solve problems and adapt to new situations) and Crystallized intelligence (acquired knowledge through education and personal experience).

Sternberg proposed a Triarchic theory of intelligence comprised of three aspects, Analytic intelligence which is the ability to perform academic problem-solving tasks, Creative intelligence which is the ability to respond effectively to novel situations by finding new solutions to problems, and Practical intelligence which is the ability to solve real-life problems as they arise.

Alternatively, Howard Gardner (different Gardner) proposed a theory of Multiple Intelligence that includes eight different types of intelligence; 1) Linguistic Intelligence, 2) Logical/Mathematical Intelligence, 3) Spatial Intelligence, 4) Bodily/Kinesthetic Intelligence, 5) Musical/Rhythmic Intelligence, 6) Interpersonal Intelligence, 7) Intrapersonal Intelligence, and 8) Naturalistic Intelligence.

Look how much effort has been put into the assessment of children’s intellectual development, their “intelligence,” because the assessment of children’s intellectual development and the recommendations that result from the assessment can have such profound effects on the lives of children.

Child custody decisions can have equally profound effects on the lives of children.  Yet no effort has been employed by professional psychology to define the construct of “best interests of the child” which is central to the child custody evaluation.  This absence of professional rigor is unconscionable.

Each of the differing definitions of intelligence will produce a different method for assessing “intelligence.”

What’s more, the process of first defining the construct of intelligence promotes vigorous professional dialogue which enhances our understanding for the core meaning of the construct.  Vigorous professional debate surrounding the definition of the construct greatly improves our ability to assess the construct.

But all of this valuable professional debate is absent surrounding the construct of “best interests of the child” as applied in child custody evaluations. There is no established operational definition for what the construct of “best interests of the child” means in the context of child custody evaluations.

The absence of an established definition of this fundamental construct in child custody evaluations is described by Stahl and Simons,

“A critical subject facing those working in the field of family law, whether they’re legal professionals or psychological professionals, is the concept of the best interests of the children. Even recognized experts in this concept differ with regard to what it means, how it should be determined, and what factors should be considered in determining what is in the best interest of a child. Thus, this ubiquitous term escapes consensus and remains fundamentally vague.” (Stahl & Simon, 2013, p. 10-11)

“It is defined differently from state to state; and even in Arizona, where there are nine statutory factors associated with the best interest of the child, the meaning behind many of the factors is obscure.  Additionally, when psychologists refer to the best interests of children, they are referring to a hierarchical set of factors that may have different meanings to different children with different families and that may be understood differently by psychologists with different backgrounds and different training.” (Stahl & Simon, 2013, p. 11)

Stahl, P.M. and Simon, R.A. (2013). Forensic Psychology Consultation in Child Custody Litigation: A Handbook for Work Product Review, Case Preparation, and Expert Testimony, Chicago, IL: Section of Family Law of the American Bar Association

And yet, despite this violation of a fundamental and incredibly basic principle of psychological assessment – to first operationally define the construct to be assessed – the scientifically unsupported (but financially lucrative) practice of child custody evaluations continues.

Determining Best Interests

So how should we define the best interests of the child relative to various custody time-share alternatives?

Answer:  There is no information in the research or theoretical literature that would allow professional psychology to develop or render an opinion regarding this question.  None.

I know the child development literature.  I know the clinical psychology literature. I know the research literature surrounding children, families, and divorce.  There is no information in the research or theoretical literature that would allow professional psychology to develop or render an opinion regarding this question.  None.

The best professional psychology can do is to identify child abuse, in which case a child protection response of 100% – 0% custody time-share is warranted for as long as the abuse potential exists.  But short of child abuse, there is no information in the research or theoretical literature of professional psychology that would allow professional psychology to develop or render an opinion regarding various custody time-share options relative to the “best interests” of the child.

There is no information in the research or theoretical literature of professional psychology that would allow professional psychology to provide an opinion that a 60-40% custody time-share will be in the long-term best interests of the child over a 70-30% custody time-share, or a 50-50% custody time-share.  These gradations are far too fine – exceedingly too fine – and far surpass our research and theoretical knowledge.

Define “best interest of the child” for me in a way that this definition can be applied to the variety and complexity of parent-child and family relationships (across cultural contexts).  You will immediately begin to see the immense (and unsolvable) problem posed by even attempting this definition.

Short of determining the presence of child abuse in which a child protection response is warranted, professional psychology should avoid being drawn into a spousal dispute to determine who is the “better parent” and who is to be “awarded the prize” of the child for being the “better parent.”  Becoming the arbiter in a spousal dispute as to who is the “better parent” to be “awarded the prize of the child” following divorce is an inappropriate professional role for professional psychology. 

If there is a problem in family relationships, psychotherapy can fix the problem.  But determining who is the 60% better parent relative to the other parent’s 40% good parenting, or who is the 70% better parent relative to the other parent’s 30% good parenting is not an appropriate role (and is actually an impossible role) for professional psychology to undertake.

If a custody evaluator decides that the child’s “best interests” are better served by an 80% custody time-share with the supposedly “better” parent (based on some yet undefined criteria for determining the “better” parent), how does the custody evaluator know this?  Where is the research literature that supports this decision regarding the long-term best interests of the child (based on some as yet undefined criteria for determining the long-term “best interests” of the child)?  Where is the research literature that indicates that the child’s long-term “best interests” are better served by being placed 80% of the time with the parenting practices of the “better” parent and that limiting the child’s contact and relationship with other parent to only 20% of the time is in the long-term “best interests” of the child?  Where is the scientific evidence to support this?  There is none.

There are simply too many complexities to this question that it far-far surpasses even the hope of an answer from the research base and theoretical literature of professional psychology.

There is absolutely no way – no way – professional psychology can come up with any opinion regarding the long-term benefits or impairments to a child from a 60-40% custody time-share, versus a 70-30% custody time-share, versus a 50-50% custody time-share in a specific individual family context.  Rendering such an opinion far exceeds the extent and capacity of our knowledge.

It’s analogous to asking a Neanderthal to design and build a computer.  The Neanderthal doesn’t even have electricity yet.  The Neanderthal is chipping spear points out of stone and making fire with sticks.  There is absolutely no way the Neanderthal can design and build a computer.

There are simply too many complexities (way-way too many) and too many variable factors (way too many), and our knowledge base is way too limited, to even get close to answering the question of whether a 60-40% custody time-share is in the long-term best interests of a specific child rather than a 70-30% custody time-share, or a 50-50% custody time-share.  It is just complete speculation.  Not even educated speculation.  Just pull it out of the sky pure unadulterated guesswork.

Might as well have a monkey throw darts at a dartboard.  Seriously.

Disagree?  There’s a Comment section on this blog.  Feel free to define for me the construct of “best interest of the child” in a way that can be applied to all the various complexities of parent-child and family relationships, and THEN cite for me any research whatsoever that would allow us to apply this definition of the “best interests of the child” to such a fine-grained discrimination as a 60-40% custody time-share versus a 70-30% custody time-share versus a 50-50% custody time-share, and that describes what parenting factors in all of the complexity of parent-child and family relationships (across cultures) would allow for such fine-grained custody time-share decisions relative to the proposed definition for the “best interests of the child.”

Impossible.  Impossible.  Impossible.

So why isn’t the impossibility of this exposed?  Because everyone in professional psychology is pretending that they see the emperor’s beautiful new clothing.

The emperor has no clothes.  The emperor is naked.

Once professional psychology lives up to its own established standards of practice regarding the development of “assessment techniques” (Standard 9.05 of the APA ethics code), or is forced to live up to these standards by the Court, so that an operational definition for the construct of “best interests of the child” becomes required of the professional assessment practice, then the entire house of cards surrounding the biased and unscientific practice of child custody evaluations will collapse.

Standard 9.05 of the APA ethics code regarding the construction of “assessment techniques” requires:

9.05 Test Construction
Psychologists who develop tests and other assessment techniques use appropriate psychometric procedures and current scientific or professional knowledge for test design, standardization, validation, reduction or elimination of bias and recommendations for use.

“…and other assessment techniques…” – like child custody evaluations. 

And “standardization” refers not just to standardizing the procedures for data collection, standardization also refers to standardizing the interpretation of the collected data. If two different evaluators can interpret the data differently based on the fact that the best interests of the child “may be understood differently by psychologists with different backgrounds and different training” (Stahl & Simon, 2013), then the interpretation of the data is not standardized.

Vigorous Professional Debate

For the life of me, I cannot come up with a cogent definition for the “best interests of the child” based on “current scientific or professional knowledge” – it’s like asking this poor Neanderthal to design and build a computer.  I can’t fathom how to accomplish the impossible task of defining the “best interests of the child” for the astounding complexity of the various parent-child and family relationship factors involved.

But if the practice of child custody evaluations is not to be replaced by a monkey throwing darts at a dartboard, it is incumbent upon the advocates for the practice of child custody evaluations to operationally define the construct of “best interests of the child” (like Spearman, and Thorndike, and Cattell, and so many others did relative to the construct of intelligence) in order to afford professional psychology the opportunity for the vigorous professional dialogue commensurate with the astounding importance of making custody decisions that will have such a profound impact on the child and family.

The methodology for child custody evaluations that is then created as a product of this vigorous and healthy debate within professional psychology should then be subjected to the rigors of inter-rater reliability, validity (construct validity; content validity; predictive validity; convergent validity; divergent validity), and cross-cultural validation that represents the “appropriate psychometric procedures… for test design, standardization, validation, [and] reduction or elimination of bias” referenced by APA Standard 9.05 of the Ethical Principles of Psychologists and Code of Conduct.

Until this is accomplished, there exists NO INFORMATION in the professional literature or research base that would allow professional psychology to answer the question regarding the “best interests of the child” relative to alternative custody time-share options (with the exception of determining child abuse that warrants child protection considerations; leading to a 100% – 0% custody recommendation for the duration of child protection concerns).

The Solution

Children’s emotional and psychological development benefits from a complex relationship with both parents.  The complexity of the parent-child relationship and the complexity of the relationship processes involved in healthy child development preclude the formation of any informed opinion or recommendation regarding the potential “best interests” of the child resulting from various custody time-share alternatives (with the exception of child abuse and child protection considerations; 100% – 0%) for specific individual family circumstances.

As a consequence of professional psychology’s inability to form or render a cogent, reliable, and demonstrably valid opinion regarding the “best interests of the child” that will result from various custody time-share options (with the exception of child abuse and child protection considerations; 100% – 0%), the custody recommendation from professional psychology for all cases that don’t involve child abuse and child protection considerations should be for a 50-50% time-share based on the principle that children benefit from complex relationships with both parents.

In the absence of child protection considerations, there is no scientifically or theoretically supported foundation for any other decision or opinion from professional psychology regarding a fine-grained discrimination in the child’s long-term “best interests” resulting from a 60-40%, 70-30%, 80-20%, or 90-10% custody time-share in specific individual family circumstances following divorce.

Professional psychology should avoid being drawn into spousal conflicts surrounding divorce to render an opinion as to who is the “better parent” to be “awarded the prize” of the child following divorce.

If the parents wish to work out some alternative custody time-share arrangement, that is their right and that is their prerogative. 

But if professional psychology is asked for an opinion, the only rational and supported opinion which can be offered by professional psychology given the immense complexity surrounding parent-child and family relationships (including the cultural context of parenting and family relationship structures) regarding various custody time-share alternatives is for 50-50% custody timeshare equally with both parents (with the exception of child abuse and child protection considerations; 100% – 0%) based on the principle that children benefit from complex relationships with both parents.

If family problems exist with a 50-50% custody time-share, this represents a family therapy issue, not a custody-related issue.  The family problems should be assessed and a treatment plan can be developed to resolve the family problems.  This is not a custody-related issue.  This is a treatment issue.

Craig Childress, Psy.D.
Clinical Psychologist, PSY 18857

A Solution to Assessing Parental Capacity

I teach a graduate level course in assessment.  Professional assessment begins with first defining the construct to be assessed. 

For example, if we seek to create an assessment for intelligence, we must first define what we mean by the construct of “intelligence.” 

If we are creating an assessment for self-esteem, we must first define what we mean by the construct of “self-esteem.” 

The professional process of developing an assessment procedure BEGINS with defining the construct to be assessed.

In professional psychology, defining the construct to be assessed is called developing an “operational definition” for the construct.  For example, do we define intelligence as the amount of knowledge a person has, or is intelligence an approach to reasoning and solving problems?  Or both?  Based on our operational definition of the construct, we then develop an approach to assessing for that definition of the construct.

If we define intelligence as being the amount of information the person knows, then we develop questions to sample how much the person knows.  If we define intelligence as the person’s reasoning ability, then we develop questions that challenge the person’s ability to solve abstract problems.  In professional psychology, our assessment procedures are dependent on how we define the construct to be assessed – our “operational definition” for the construct.

However, child custody evaluations have entirely skipped this crucial step in the assessment process.  Child custody evaluations are supposedly assessing two key constructs of family functioning:

  • Parental capacity
  • The best interest of the child.

Yet neither of these key constructs is operationally defined in the custody evaluation procedures.

The failure to operationally define the key constructs that are being assessed by child custody evaluations leads to a fundamentally and fatally flawed assessment in which the evaluator is allowed to make up his or her own idiosyncratic definition of these constructs, which introduces into the assessment process the inherent biases of the individual evaluator.  Different evaluators will have differing interpretations and definitions for the key constructs of “parental capacity” and “best interests of the child,” leading to differing conclusions and recommendations from different evaluators.

Reliability and Validity

Reliability: The stability of the findings from one assessment to the next (test-retest reliability), or from one evaluator to the next (inter-rater reliability).

Validity:  The truth and accuracy of the assessment’s findings.

If the conclusions and recommendations reached by an assessment practice are not stable across evaluators (if an assessment procedure is not reliable) then the conclusions and recommendations cannot, by definition, be valid.

If an assessment procedure for a person’s intelligence results in a finding of normal-range intelligence when the assessment is administered by Psychologist A, but results in a finding of significant cognitive impairment when the assessment is administered by Psychologist B, then this assessment procedure is not reliable, and if an assessment procedure is not reliable, then the findings, by definition, cannot be valid

In this example, is the person being assessed of normal-range intelligence?  Or is the person cognitively impaired?  If the results of an assessment depend on who conducts the assessment, then the findings are not a valid indicator of person’s actual intelligence but are simply a reflection of the personal biases introduced by the individual evaluator.

The first step toward making an assessment reliable (stable across evaluators; called “inter-rater” reliability), is to operationally define the construct to be assessed.  Operationally defining the construct allows all assessors to apply the same definition of the construct to the assessment data, thereby improving the inter-rater reliability of the assessment.

Operationally Defining Parental Capacity

In developing an operational definition for the construct of parental capacity, the central issue is to identify the key factors of parenting that capture the quality of parenting behavior.  Identifying the key qualitative descriptors for parental behavior will allow evaluators to more reliably assess parental behavior on these key qualities.

In an effort to provide a solution – or at the very least to initiate a discussion of the issue – I have developed a checklist of key parenting qualities that can describe parenting practices.  This checklist is on my website:

Parenting Practices Rating Scale

This rating scale identifies four aspects of parenting behavior as central to defining the construct of parental capacity:

1.)  Classification of Parenting Behavior:  A categorical classification of parental behavior within a 4-tiered hierarchy.

Level 1: Child abuse

Level 2: Severely problematic parenting

Level 3: Problematic parenting

Level 4: Healthy parenting

 2.)  Permissive-Authoritarian Parenting: A dimensional rating from 1 to 100 along the parenting spectrum of permissive parenting, through communication-based and discipline-based parenting, to authoritarian parenting practices.

 3.)  Capacity for Authentic Empathy: A rating from 1 to 5 along the parenting dimension of authentic empathy for the child’s experience; from narcissistic self-absorbed parenting at one end of the spectrum, through authentic empathy, to over-intrusive enmeshed parenting at the other end of the spectrum.

 4.)  Issues of Clinical Concern:  A categorical indicator of additional issues of clinical concern relative to the parent.

If court-involved mental health professionals, including child custody evaluators, court-involved therapists, and court-appointed parenting coordinators, were to begin including this brief Parenting Practices Rating Scale in their assessments and reports, the increased clarity afforded by this rating scale would substantially improve the standardization for the definition of parental capacity.

Professional assessment BEGINS by operationally defining the construct to be assessed.  The Parenting Practices Rating Scale is my offer of an operational definition for the construct of parental capacity.

Craig Childress, Psy.D.
Clinical Psychologist, PSY 18857

Cross-Examining Child Custody Evaluations

Caveat:  Dr. Childress is not an attorney, he is a psychologist.  His commentary on this blog is as a psychologist, not an attorney.  For legal advice consult an attorney and follow the advice of the attorney.


In my professional consultation work with attorneys, I am frequently asked to help them prepare their lines of cross-examination for child custody evaluators who have reached problematic conclusions relative to the pathology of attachment-based “parental alienation” (AB-PA).

There are so many problems inherent to the practice of child custody evaluations that it’s hard to know where to begin.

The multitude of problems all stem from how the practice of child custody evaluations began.  The practice of child custody evaluations developed gradually and piecemeal over the course of time in response to the needs of the Court for guidance in family matters.  But this gradual and piecemeal origin means that the practice of child custody evaluation is not well thought out.

With the increase in the divorce rate occurring in the 1970s and 80s, professional psychology was increasingly asked to provide input to the Court regarding child custody arrangements in high-conflict families.  The initial response of professional psychology was to provide haphazard and idiosyncratic assessments and opinions of varying quality based on variable methodology.

In an effort to improve the practice of offering child custody recommendations to the court, various “standards” were developed by professional organizations, such as the American Psychological Association in 1991 (Specialty Guidelines for Forensic Psychology) and the Association of Family and Conciliation Courts in 2006 (AFCC: Model Standards of Practice for Child Custody Evaluations) which sought to provide standardized methodology for the conduct of child custody evaluations.

However, these “standards” exclusively address the role-relationships of the evaluator to the client and court, and the methodology for collecting the datathey do NOT address how the data is to be interpreted, and it’s the interpretation of the data that is central to forming the conclusions and recommendations provided by the evaluation. The interpretation of the data collected in child custody evaluations is left entirely (100%) to the discretion of the particular evaluator, as is the decision regarding what information from professional psychology is to be applied – or not applied – to the interpretation of the data.

I want to be entirely clear on this, child custody evaluations consider themselves exempt from the standards governing clinical psychology, and so they believe themselves exempt from systematically applying all of the established constructs or principles drawn from professional psychology to the interpretation of the data, including the DSM diagnostic system for identifying pathology (see AFCC Standard 4.6c), or they apply these principles and constructs in such haphazard, random, and idiosyncratic ways as to be essentially worthless in providing a standardized professional interpretation of the data based on established psychological principles and constructs.

Let me just add something about Standard 4.6c of the AFCC standards; while “diagnostic labels” may have a “prejudicial” impact against the person who is diagnosed with a pathology, such as a narcissistic or borderline personality parent, intentionally withholding relevant diagnostic information from the Court in order to influence the Court’s decision would seemingly have an equally “prejudicial” impact in the opposite direction (against the normal-range parent seeking custody) and would be equally – if not more – problematic in my opinion.  I believe professional psychology has a fundamental obligation to provide the Court with ALL of the relevant mental health information, including relevant DSM diagnostic information, and allow the Court to determine the relative weight given to this information.  In my opinion, it is not within the purview of professional psychology to preempt the decisional authority of the Court by unilaterally making  a preemptive decision about the potential prejudicial or probative value of mental health information and to then intentionally withhold relevant DSM diagnostic information from the Court in order to influence – in any direction – the decision of the Court. We should simply be reporting on the relevant mental health information, not making preemptive decisions that would bias – in any way – the reporting of the relevant mental health information.

Instead of being circumscribed within the confines of established psychological constructs and principles, child custody evaluators are free to just make up their conclusions and recommendations based on their personal beliefs and personal biases, which are highly vulnerable to “counter-transference” issues (influence from the evaluator’s own childhood and family-of-origin experiences that affect the evaluator’s interpretation of the custody evaluation data). 

When it comes to the interpretation of the data, they just make it up based on their own idiosyncratic beliefs and biases.

At times, child custody evaluators use “psychology-sounding” words to make it seem like they are applying established constructs and principles, and these “psychology-sounding” words fool legal professionals and the public who don’t know the literature and research in professional psychology. But I’m a psychologist – I know the literature and research in psychology – and these child custody evaluators are talking complete nonsense when they use these “psychology-sounding” words… 100% nonsense.  They are making it up, completely and totally making this stuff up.

Child custody evaluators are not applying any existing models or principles of professional psychology to the interpretation of the data, or they are doing so in odd and idiosyncratic ways that essentially fit with their preconceived biases.  The “Standards” for Forensic Psychology produced by the APA and AFCC are essentially putting lipstick on a pig – it’s still a pig.  And not a very pretty pig at that. 

Read them. The standards are entirely about how to collect data and about how the professional relationship is to be established with the client and court.  There is nothing about how the data should be interpreted – specifically interpreted.  There are statements about “best interests of the child” and applying the knowledge from child development, and divorce, and other related areas of professional psychology, but in any specific case, the application – or non-application – of this professional knowledge base is left entirely – 100% – to the idiosyncratic and highly variable discretion of the individual evaluator.

The very foundation for the practice of child custody evaluation is inherently flawed.  So let me begin with this foundational line of questioning which is available to attorneys:

Line 1:  There is no established scientific foundation for the practice of child custody assessments.

The core premise – the foundational premise – upon which child custody evaluations are based is deeply and inherently flawed, resulting in a deeply and inherently flawed application of this premise.  The scientific foundation for the practice of child custody evaluations is non-existent, and as a result, the practice of child custody evaluation is built on a fragile house-of-cards.

While it looks like an elegant construction, if we breathe on this house-of-cards it will collapse.

The Emperor Has No Clothes

Hans Christian Anderson wrote a short story about an emperor who wanted a wonderful new set of clothing.  The emperor hired two (charlatan) tailors who said that they could create a “magical” suit of clothing that would be invisible to anyone who was incompetent and unfit for their position.  Anyone who was incompetent and stupid would be unable to see the “magical” clothing.

As these charlatan tailors began their work on sewing their supposedly “magical” clothing, the emperor and all of his courtiers were afraid to say that they couldn’t see the clothing because that would mean that they were unfit for their positions, that they were stupid and incompetent, so everyone pretended to see the clothes.  They all praised the magnificent beauty and quality of the “magical” clothing, and since everyone else seemed to see the clothing each person thought that they alone could not see the “magical” clothing.

When the clothes were finally finished, the tailors were paid and they quickly left the kingdom (making a lot of money for their supposedly “magical” clothing).  The emperor decided to proudly display his magnificent new clothing in a parade before his people.  Again, all of the people along the parade route also pretended to see the clothing because no one wanted to admit that they couldn’t see the emperor’s new clothes, because that would mean that they were incompetent and stupid since everyone else obviously saw the clothing.  But as the emperor paraded past his people, a young child turned to his mother and said, “Look mommy, the emperor has no clothes.”  With that, the collusion of silence was broken and everyone began to admit that they too saw no clothing, and they began to laugh at the emperor who stood naked before his people, duped by the charlatan tailors.

With regard to child custody evaluations, I am that little kid on the parade route; “Look mommy, the emperor has no clothes.”

The practice of child custody evaluations violates every standard of professional practice regarding assessment.  But no one in professional psychology is saying anything.  It’s a collusion of silence.

So I’ll say it, “the emperor has no clothes” – and family law attorneys need to begin saying it too.

There is no scientifically established validity to the conclusions or recommendations of child custody evaluations.  None.  Zero.

Don’t believe me, or don’t agree?  There is a Comment section to the blog. I invite anyone to provide a single citation in the research literature that establishes the inter-rater reliability or validity (construct validity; content validity; predictive validity; convergent validity, discriminant validity) for the conclusions and recommendations of child custody evaluations.  Not for the data collection procedures, but for the conclusions and recommendations of child custody evaluations, which are made based on the interpretation of the data.

<crickets>

Child custody evaluations do not apply in any systematic or rational way the established constructs and principles of professional psychology, and the conclusions and recommendations offered by child custody evaluators are simply made up based on the individual idiosyncratic biases of the individual custody evaluator.

They simply make it up.

Child custody evaluations are little more than voodoo assessment.  Rattle some beads, recite some magical incantations, and read the entrails of a goat. Seriously.

  • Rattle some beads: The procedures used for data collection
  • Recite some magical incantations: Write a report with psychology-sounding words
  • Read the entrails of a goat: Make recommendations about the “best interests of the child”

Here’s what two leading figures in Forensic psychology, Stahl and Simon, say about the definition of “best interests of the child” (and notice who published this work, The Family Law Section of the American Bar Association):

“A critical subject facing those working in the field of family law, whether they’re legal professionals or psychological professionals, is the concept of the best interests of the children. Even recognized experts in this concept differ with regard to what it means, how it should be determined, and what factors should be considered in determining what is in the best interest of a child. Thus, this ubiquitous term escapes consensus and remains fundamentally vague.” (Stahl & Simon, 2013, p. 10-11)

“It is defined differently from state to state; and even in Arizona, where there are nine statutory factors associated with the best interest of the child, the meaning behind many of the factors is obscure.  Additionally, when psychologists refer to the best interests of children, they are referring to a hierarchical set of factors that may have different meanings to different children with different families and that may be understood differently by psychologists with different backgrounds and different training.” (Stahl & Simon, 2013, p. 11)

Stahl, P.M. and Simon, R.A. (2013). Forensic Psychology Consultation in Child Custody Litigation: A Handbook for Work Product Review, Case Preparation, and Expert Testimony, Chicago, IL: Section of Family Law of the American Bar Association

“may have different meanings to different children with different families and that may be understood differently by psychologists with different backgrounds and different training.”

This is related to a property of the assessment called “inter-rater reliability” – the stability of the conclusions and recommendations derived from the data across different evaluators.

They just make it up.  Seriously.  They – just – make – it – up.

Voodoo assessment.  Rattle some beads (data collection procedures), recite some magical incantations (write a report with psychology-sounding words), and read the entrails of a goat (make recommendations from the “spirit world” of professional psychology regarding the supposed “best interests” of the child).

I am making a strong allegation.  This blog has a Comment section.  I invite any advocate for the practice of child custody evaluations to provide a citation for a single study – just one – that has demonstrated the inter-rater reliability and validity (construct validity, content validity, predictive validity, convergent validity, divergent validity) for the conclusions and recommendations produced by child custody evaluations.

<crickets>

There is NO scientific foundation for the practice of child custody evaluations.

Inter-Rater Reliablity

The construct of “reliability” is the professional term for the stability of an assessment’s results.  If I give you an IQ test this week and your score is 100 (normal-range), then your IQ score should be roughly the same when I retest you one week later. 

If, one week later, your IQ score drops to 70 (cognitively deficient), then my assessment procedure for establishing your IQ is NOT reliable.  My assessment procedure does not yield stable results from one assessment administration to another.

In the IQ example given above, the type of reliability is called “test-retest reliability,”  There are four methods in the professional practice of assessment that are used to establish an assessment procedure’s reliability:

  • Test-retest reliability
  • Inter-rater reliability
  • Split-half (internal consistency) reliability
  • Alternate forms reliability

This is all standard – and basic – professional psychology assessment stuff.  I teach it every semester to graduate students in my Psychometrics of Assessment class.  Basic stuff.

By definition, an assessment procedure cannot be valid if it is not reliable. If your IQ changes from normal-range to developmentally delayed because of the inherent instability of my assessment procedure, my assessment procedure is NOT a valid assessment of your intelligence.

Validity is the professional psychology term that refers to the actual truth or accuracy of the findings from an assessment procedure.

A fundamental axiom within the field of professional assessment is that:  An assessment procedure CANNOT BE VALID if it is not reliable.  In the example above, my assessment procedure for your IQ cannot be valid (true and accurate) if the findings from the assessment procedure fluctuate radically from one test administration to the next (in one assessment you’re deemed to be of normal-range intelligence but in the next assessment a week later you’re deemed to be cognitively delayed).

In the case of child custody evaluations the appropriate form of reliability would be inter-rater reliability, which means that two raters (two evaluators) would reach the same conclusions and recommendations based on the same data set.  Inter-rater reliability.

No research has ever been conducted to establish the inter-rater reliability for the conclusions and recommendations reached by child custody evaluations.  None.

And note, this is in the context of Stahl and Simon’s (2013) analysis regarding the fundamental construct being assessed in child custody evaluations, the “best interests” of the child:

“Even recognized experts in this concept differ with regard to what it means, how it should be determined, and what factors should be considered in determining what is in the best interest of a child.” (Stahl & Simon, 2013, p. 10)

The inter-rater reliability for the conclusions and recommendations of child custody evaluations has NEVER been scientifically established.

So if two different custody evaluators can reach two radically different sets of conclusions and recommendations from the same data – based on their differing interpretations regarding the meaning of the data – then the conclusions and recommendations from child custody evaluations are not reliable.

And if the conclusions and recommendations from child custody evaluations are not reliable (are not stable from one custody evaluator to the next; inter-rater reliability), then the conclusions and recommendations from child custody evaluations CANNOT, by definition, be valid.

Let that sink in for a moment.  If the conclusions and recommendations are not reliable (stable) from one evaluator to the next (inter-rater reliability), then the conclusions and recommendations cannot, by definition, be valid.

There is no scientific evidence establishing the inter-rater reliability for the conclusions and recommendations from child custody evaluations.

Foundational Line of Questioning

This is the basis for the first line of questions; to question the custody evaluation in such a way so as to:

1.)  Expose the absence of any data in the scientific literature that establishes the “inter-rater” reliability for the conclusions and recommendations of child custody evaluations.

1A.) Walk the evaluator through definitions for the constructs of “reliability” and “validity” – defining the four types of reliability, with a focus on inter-rater reliability.

  • Reliability: The stability of the assessment findings across situations (raters)
  • Validity: The truth or accuracy of the findings

1B) Ask for citations from the scientific literature that establish the “inter-rater reliability” and “validity” (to be discussed later) for the conclusions and recommendations of child custody evaluations – there are none.

1C.) Lead the evaluator into a key question, “Can the findings from an assessment procedure be valid if they are not reliable? – A: No.

2.)  Expose the meaning of this: “Can two different child custody evaluators reach markedly different conclusions and recommendations based on the same data set?” A: Yes.

2A.) If the child custody evaluator tries to assert that other psychologists would agree with his or her interpretation of the data, ask how the evaluator knows this if there has never been any research done on the inter-rater reliability for the conclusions and recommendations of child custody evaluations (that they all collect data in the same way does not establish that they would all interpret the data in the same way).

2B)  Use the phrase “conclusions and recommendations” when referring to reliability and validity because you’ll want to avoid issues surrounding data collection procedures. The data collection procedures are highly standardized – they are likely to be reliable-stable in the data they produce – it’s the interpretation of the data to reach conclusions and recommendations that is at issue.  What is being set up by this line of questions is a second line of question regarding what constructs and principles from professional psychology did the child custody evaluator apply to the interpretation of the data – this second line will be a key line of questioning.

3.)  Expose that the conclusions and recommendations of the child custody evaluator are simply the opinions of one psychologist and may not represent the opinions of other psychologists who would review the data;

3A.) Q: “So there’s no way of knowing whether your opinions represent the opinions of other psychologists, or whether a vast majority of other psychologists would disagree with your conclusions and recommendations, there’s simply no way of knowing that is there?”

4.)  Expose that the conclusions and recommendations of the child custody evaluator are simply the opinions of one psychologist and may be biased by the personal attitudes and beliefs of the evaluator.

4A.) This sets up a second line of questions regarding what established constructs from professional psychology were applied in interpreting the data (not collecting the data; interpreting the data) as a means to limit the potential introduction of bias.

4B.) The custody evaluator may try to answer the bias question by pointing out the standardized collection of data.  That’s irrelevant.  The issue is NOT the collection of data, it’s the interpretation of data.  The cross-examination seeks to expose that NO established principles of professional psychology (specifically, principles from family systems theory; triangulation, cross-generational coalition, inverted hierarchy, emotional cutoff – and attachment theory) were applied to interpreting the data.  This will be addressed in the second line of questioning.

The second part of this scientific foundation line of questioning is about the construct of “validity.”  It’s a short line of questions, but on the same topic area of undercutting the scientific foundation for the practice of child custody evaluation.  The emperor has no clothes.

I’ll cover issues of “validity” (construct validity; content validity; predictive validity; concurrent validity; discriminant validity) in a future blog post, but essentially the issue is that no studies have ever been conducted to establish the “validity” for the conclusions and recommendations of child custody evaluations.

There is no established scientific validity to the conclusions and recommendations of child custody evaluations.  None.  Zero.  Nothing.  The emperor has no clothes.

A Monkey Throwing Darts

Child custody evaluations are voodoo assessment. Rattle some beads (data collection procedures), recite some “magical” incantations (write a report with “psychology-sounding” words), and read the entrails of a goat (offer conclusions and recommendations from the “spirit world” of professional psychology).

But as for the scientifically established validity (truth and accuracy) for the conclusions and recommendations of child custody evaluations… we might as well have a monkey throwing darts at a dartboard.

Seriously, neither the monkey throwing darts nor child custody evaluations have any data whatsoever regarding the reliability and validity of these respective “assessment” procedures.  And at least the monkey throwing darts approach would be much cheaper, and probably more entertaining.

Q: “Dr. So-n-So, if we had a monkey throwing darts at a dartboard regarding various custody time-share options, where in the scientific literature is there evidence that the conclusions and recommendations reached by child custody evaluations are more reliable and any more valid than the outcome of a monkey throwing darts at a dartboard?”

A: There is no evidence from the scientific literature that the conclusions and recommendations from child custody evaluations are any more reliable or valid than the conclusions and recommendations reached by a monkey throwing darts at a dartboard.

Again, for all the advocates who are in favor of the “assessment” practice of child custody evaluations, there is a Comment section on this blog.  Feel free to prove me wrong.  Cite for me a single research study demonstrating the inter-rater reliability and construct validity, or content validity, or predictive validity, or convergent validity, or discriminant validity for the conclusions and recommendation provided by child custody evaluations.

<crickets>

Craig Childress, Psy.D.
Clinical Psychologist, PSY 18857

Best Legal Blog Contest

I want to make a quick announcement. 

I learned that my blog has been nominated for inclusion in The Expert Institute’s Best Legal Blog Contest.

The voting site for the contest is at:

Best Legal Blog Contest Voting

What’s The Expert Institute, you might ask?  I don’t know.

And honestly, I don’t care all that much either.  Any solution that involves having targeted parents prove “parental alienation” in court is no solution at all.  Proving “parental alienation” in the legal system is far too expensive for most targeted parents to afford and it takes far to long.  Time is on the side of the pathogenic parent.  The pathogenic parent can delay and delay legal proceedings for years.

The solution to “parental alienation” is through the mental health system:

The Solution

I’m working on the solution for all children and all families, not just one family at a time. This solution will ultimately be through fixing the broken mental health system, not the legal system. But until we fix the mental health system response, there’s little alternative for targeted parents other than proving “parental alienation” in court.

I’m sorry that professional psychology has so completely failed you.  The first step is to get all mental health professionals to properly assess for the pathology using the Diagnostic Checklist for Pathogenic Parenting.

Yet even as I work on the solution for all children and all families, I know that for each targeted parent this is a directly personal experience with your specific child. I realize that each targeted parent is trying to solve their problem today, now, before the mental health system has been fixed first. 

Based on this understandable motivation of individual targeted parents, I am sometimes asked to serve as an expert witness in court proceedings in hopes that my testimony about “triangulation” and “cross-generational coalitions” might be able to persuade the court.  I’m not optimistic about that.  The legal system response remains broken. But if your attorney thinks my expert testimony might be helpful and that’s a route you want to go, then your attorney can contact me by email and I will provide the attorney with additional information about my potential role as an expert consultant and witness.

(Just as an FYI regarding my expert testimony, I have found my testimony to be the most helpful when the mental health professional who is involved with your family has used the Diagnostic Checklist for Pathogenic Parenting and my testimony then addresses the meaning and implications of the symptom ratings made on the Diagnostic Checklist by the involved mental health professional.)

Again, however, my focus is not (yet) on fixing the broken legal system response.  My focus is on fixing the broken mental health system response for all children and all families in order to ensure that all children and all families receive appropriate assessment of the pathology, accurate diagnosis of the pathology, and effective treatment for the pathology of attachment-based “parental alienation” (AB-PA).

I suppose it’s nice that my blog has been nominated in a contest for the “Best Legal Blog.”  Getting the attention of the legal system regarding this form of attachment-related pathology is a good thing.

Craig Childress, Psy.D.
Psychologist, PSY 18857

Empathy and Parental Alienation

Of all the symptoms displayed by the child, the absence of empathy is the most disturbing. The absence of empathy is associated with the capacity for human cruelty

Baron-Cohen, S. (2011). The Science of Evil: On Empathy and the Origins of Cruelty. New York: Basic Books.

There are only three disorders that display as a characteristic symptom feature an absence of empathy; autism, narcissistic personality disorder, and antisocial personality disorder (the psychopath).

So when we see a child display an absence of empathy – a cavalierly unfeeling capacity to be cruel – this is an extremely concerning symptom.

Empathy represents a set of brain networks that have their foundation in a group of brain cells called “mirror neurons.” There is a wonderful PBS Nova program on mirror neurons up on the Internet:

Nova Mirror Neurons

These mirror neurons serve as the foundation for a brain system called “intersubjectivity” – what I refer to as “psychological connection” in my work with clients, and what is commonly referred to as empathy in the general population.

This psychological connection system – the empathy system – in the brain allows us to feel what other people feel as if we were having the feeling ourselves. It allows us to feel what the actors feel in the movies. When we’re in the movie theater, it’s the psychological connection system (intersubjectivity) that we are experiencing.

The psychological connection system (intersubjectivity) is one of two brain systems for relationship. In the 1960s and 70s, John Bowlby described the first brain system for relationship, the attachment system in three seminal volumes on Attachment and Loss:

Volume 1:  Attachment
Volume 2:  Separation: Anxiety and Anger
Volume 3:  Loss: Sadness and Depression

All mental health professionals treating attachment-related pathology (disruptions to parent-child bonding) need to have read these three volumes. How can you treat an attachment-related pathology if you don’t know what the attachment system is, how it functions, and how it dysfunctions?

“The deactivation of attachment behavior is a key feature of certain common variants of pathological mourning.” (Bowlby, 1980, p. 70)

The attachment system is the brain system governing all aspects of love and bonding throughout the lifespan, including grief and loss. It evolved over countless millennia in response to the selective predation of children.

“The biological function of this behavior is postulated to be protection, especially protection from predators.” (Bowlby, 1980, p. 3)

Children who formed strong attachment bonds to parents received parental protection from predators, and their genes for forming strong attachment bonds to parents increased in the collective gene pool. Children who did not form strong attachment bonds to parents were eaten by predators at higher rates. Their genes for forming weak, or even moderate, attachment bonds to parents decreased in the collective gene pool.

Over millennia of evolutionary pressures applied by the selective predation of children, a very strong and very resilient primary motivational system (like the primary motivational systems for eating and reproduction) developed in the brain that strongly motivates children to form strong attachment bonds to parents. Even to bad parents.

Bad parents more fully expose children to the dangers of the predator. Children who rejected bad parents became the predator’s next meal.

On the other hand, children who were MORE strongly motivated to bond to the bad parent were MORE likely to obtain parental protection from predators than children who were less strongly motivated to bond to a bad parent (or who rejected a bad parent).

Bad parenting produces what’s called an “insecure attachment” that MORE strongly motivates children to bond to the bad parent. That’s the way the brain works.

Substantial research on the attachment system has demonstrated this scientifically established fact. Bad parenting produces an insecure attachment that MORE strongly motivates the child to bond to the bad parent.

Children don’t reject the attachment figure of their parent. That’s not the way the attachment system works. Children who rejected parents were eaten by predators. Who rejects the other attachment figure? Spouses. Spouses reject bad spouses.

So if we are seeing an attachment system display of a child rejecting a parent, that’s not an authentic child attachment system, that’s a spousal form of attachment system display being evidenced by the child.

There are only two cases where the attachment system can turned off, 1) incest, in which the parent becomes the predator danger, and 2) chronic and severe parental violence (beating the child with fists or electrical cords – for years), where, again, the parent becomes the predator danger.

Psychological Connection – Empathy

The second relationship system, for psychological connection (empathy), was discovered and described in the 1980s through the 2000s, and it has been extensively studied by some of the premier researchers in professional psychology; Daniel Stern, Edward Tronick, Alan Sroufe, Peter Fonagy, Colin Trevarthan.

We also know a lot about how this brain system functions because it underlies the development of language, and so the functioning of this specific brain system for psychological connection has been extensively studied relative to autism-spectrum disorders.

So there are two separate, but interrelated brain systems for relationship, one for emotional bonding (the attachment system) and one for psychological bonding (the connection system).

Can psychological connection – can empathy – be “turned off” as a result of trauma? The active emotion of anger will turn off (inhibit) both relationship systems during the active period of anger. But once the anger subsides (and active anger does subside), the normal-range functioning of the attachment and empathy systems return.

An empathy system that is continually turned off is the psychopath. The person who is capable of unspeakable human cruelty. The absence of empathy is an extremely disturbing symptom, especially in a child.

Simon Baron-Cohen (2011): The Science of Evil: On Empathy and the Origins of Cruelty

What about the child’s empathy toward an abusive parent?

During the active phase of any anger toward the parent, the child’s empathy will be turned off. The emotion of anger inhibits both relationship systems. But when the child’s active anger subsides, the normal-range functioning of empathy will return. A classic and tragic example of a child’s empathy toward an abusive parent is the sexually abused child who is afraid to disclose her abuse because she doesn’t want daddy to get in trouble.

For anyone who has actually worked with abused children, children’s continuing empathy and desire to be loved by an abusive parent is heart-wrenching. Abused children still desperately want the love of the abusive parent. It absolutely breaks your heart, the child so desperately wants to be loved.

Authentically abused children actually try to protect their abuser.

That’s why the child protection advocates in mental health are so concerned about Gardnerian PAS. They believe that the diagnostic indicators of Gardnerian PAS are so poorly formulated that they lend themselves to discounting the reports of children who have overcome their tremendous natural reluctance to report the abuse inflicted on them by a parent. The child protection advocates in mental health are afraid that by discounting the child’s reports of abuse, we will be returning children to abusive parents.

I agree.

That’s why I have never advocated for adopting a Gardnerian model of PAS. You can review all of my writing, I never once advocated for the adoption of Gardnerian PAS as a model for the pathology. It’s a bad model of pathology.

An attachment-based model of “parental alienation” (AB-PA) is NOT Gardnerian PAS. They are two totally and completely different descriptions of pathology.

There is zero – ZERO – chance of returning a child to an abusive parent using the three diagnostic indicators of AB-PA. Zero.

On the Diagnostic Checklist for Pathogenic Parenting, notice the qualifier in the first diagnostic indicator that the parenting practices of the targeted parent have been assessed by a mental health professional to be broadly normal-range. Physically and sexually abusive parenting is NOT normal-range. An authentically abused child will not meet the criteria for diagnostic indicator 1.

Neither will any abused child display a haughty and arrogant attitude toward the abuser, or a sense of entitlement that the abuser must meet the child’s needs to the child’s satisfaction or else the child feels entitled to punish the abuser (diagnostic indicator 2). We never see an abused child display a haughty and arrogant attitude of entitlement toward their abuser.

And the abused child’s belief in their victimization is not delusional. It’s real. So the child will not meet diagnostic criteria 3. An authentically abused child will meet NONE of the diagnostic criteria for AB-PA.

In the pathology of AB-PA, however, the child’s symptom display will meet ALL three of the diagnostic indicators:

1.)  Attachment system suppression toward a normal-range parent – which is the symptom evidence of an attachment-related pathology;

2.)  All five narcissistic personality disorder traits – which are the “psychological fingerprints” in the child’s symptoms of the child’s psychological control by a narcissistic parent from whom the child is acquiring the narcissistic traits and attitudes;

3.)  A delusional belief in the child’s supposed victimization – which is evidence of the false trauma reenactment narrative of the allied narcissistic/(borderline) parent which is being imposed on the current child and current family.

Trauma Pathology

AB-PA is a trauma pathology from child abuse that occurred one (and two) generations earlier and is still rippling through the family.

The parent of the allied narcissistic/(borderline) parent was abused as a child (most likely sexual abuse). When this abused child became a parent, the childhood trauma was passed on to the next generation (to the narcissistic/(borderline) parent as a child) through the creation of a “disorganized attachment” with the narcissistic/(borderline) parent as a child. This trauma is now being extended into the next generation through the false trauma reenactment narrative being created by the narcissistic/(borderline) parent in the trauma pattern of “abusive parent”/”victimized child”/”protective parent.”

Does a true trauma narrative of an abusive parent, a victimized child, and a protective parent also exist in families?  Absolutely.  Dogs exist.  Authentic child abuse exists.  I’ve seen it up close and personal during my work in the foster care system.

And the trans-generational transmission of trauma also exists. Cats exist.

Our goal is to protect 100% of children 100% of the time from all forms of child abuse, physical, sexual, and psychological.

Both the active trauma of child abuse and the multi-generational ripple of child abuse will carry the same “meme-structures” – the same trauma themes – so it can sometimes be complex to unravel whether the family pathology is a manifestation of current trauma or past trauma that is still rippling through the family in the form of parental personality disorder pathology.

But that’s the profession of clinical psychology. That’s our job, to know this. I am a clinical psychologist. It’s my job to know this.

That’s why I worked out in detail the pathology of the trans-generational transmission of attachment trauma which I describe in my book Foundations.  And based on a deep understanding for this specific form of trans-generational transmission of child abuse trauma, I was able to identify three key features in the child’s symptom display that will reliably – 100% of the time – differentiate authentic child abuse occurring today from the echo of child abuse that occurred a generation or two ago but that is continuing to ripple through the family by distorting the current child’s attachment bonding motivations toward a loving and normal-range parent.

This pathology is complex, and differentiating it from current trauma is vitally important. That’s why children and families displaying this form of attachment-related pathology should receive the professional designation as a “special population” who require specialized professional knowledge and expertise to competently assess, diagnose, and treat.

Research by Moor and Silvern (2006) on the long-term effects of child abuse and the mediating role of parental failure of empathy found that child abuse and parental failure of empathy are the same thing – they are flip sides of the same coin.

The absence of empathy is the cause of child abuse – and the absence of empathy is also the trauma.

The presence of empathy is the healing of trauma.

The absence of empathy is associated with the capacity for human cruelty.

The presence of empathy is our salvation.

The absence of empathy in the child’s symptom display is the most disturbing of all the child symptoms.

Craig Childress, Psy.D.
Clinical Psychologist, PSY 18857

Bowlby, J. (1980). Attachment and loss: Vol. 3. Loss: Sadness and depression. NY: Basic Books.

Moor, A. and Silvern, L. (2006). Identifying pathways linking child abuse to psychological outcome: The mediating role of perceived parental failure of empathy. Journal of Emotional Abuse, 6, 91-112.

From Moor & Silvern (2006):

“The act of child abuse by parents is viewed in itself as an outgrowth of parental failure of empathy and a narcissistic stance towards one’s own children.  Deficiency of empathic responsiveness prevents such self-centered parents from comprehending the impact of their acts, and in combination with their fragility and need for self-stabilization, predisposes them to exploit children in this way.” (Moor & Silvern, 2006, p. 95)

“Only insofar as parents fail in their capacity for empathic attunement and responsiveness can they objectify their children, consider them narcissistic extensions of themselves, and abuse them.  It is the parents’ view of their children as vehicles for satisfaction of their own needs, accompanied by the simultaneous disregard for those of the child, that make the victimization possible.” (Moor & Silvern, 2006, p. 104)

 “The indication that posttraumatic symptoms were no longer associated with child abuse, across all categories, after statistically controlling for the effect of perceived parental empathy might appear surprising at first, as trauma symptoms are commonly conceived of as connected to specifically terrorizing aspects of maltreatment (e.g., Wind & Silvern, 1994).  However, this finding is, in fact, entirely consistent with both Kohut’s (1977) and Winnicott’s (1988) conception of the traumatic nature of parental empathic failure.  In this view, parental failure of empathy is predicted to amount to a traumatic experience in itself over time, and subsequently to result in trauma-related stress.  Interestingly, even though this theoretical conceptualization of trauma differs in substantial ways from the modern use of the term, it was still nonetheless captured by the present measures.” (p. 197)