Psychological Assessments
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Michael Robinson
2010.
Can I ask the Court to order that my
ex-partner be psychologically assessed?
When would a Forensic Psychologist carry out an investigation?
What should the evaluation
include?
What should I tell the Court
or the psychologist if I ask for an assessment?
What will the psychologist
do?
How do I find a Forensic Psychologist?
What is a Forensic
Psychologist? <Back to
Top>
Forensic
Psychologists specialise in the area where law and
psychology meet. They carry out psychological evaluations, write reports
setting out their findings, and attend Court to give expert testimony.
Can a psychiatrist or
psychologist carry out the assessment if they don’t have forensic training? <Back to
Top>
Yes, but while the
quality of any assessment may be to a similar standard, a Forensic Psychologist also has experience in attending Court and
writing reports for the Court to consider. A report that is ambiguous or
confusing may be misinterpreted or found to be inconclusive, requiring further
assessments to be carried out. This may delay or prevent the Court from having
sufficient information to make a decision.
Can I ask the Court
to order that my ex-partner be psychologically assessed? <Back to
Top>
Yes, but the Court
will only consider such a request if there are good reasons. We strongly
recommend you only make such a request if you believe that your ex-partner’s
mental health poses a real risk to the children (themselves or others). Be
aware that psychological evaluations can delay court proceedings for months and
are costly. Even if a parent has a mental illness or disorder, this does not
necessarily mean they are not a capable parent.
When would a Forensic
Psychologist carry out an investigation? <Back to
Top>
The Court may
consider requesting a psychological evaluation when allegations of mental
illness or personality disorder need to be
investigated.
The primary causes
for the Court to order the evaluation would be where it is alleged that behaviour attributed to mental health poses a risk to the other parent or the
children (or both) or may otherwise impact on the children’s welfare.
What should the
evaluation include? <Back to Top>
Ensure you (or your
solicitor if you are represented) request
that the following questions are covered by the psychological evaluation and
subsequent report:
· Does
the person being assessed suffer from a mental illness or mental disorder?
· To
what extent is it possible that any condition found could affect parenting
ability?
· What
risks does the condition carry for the children, both in terms of physical risk
and the potential for emotional and psychological harm or neglect?
· Is
there a potential impact on the child’s development and the parent’s ability to
provide consistent care?
· Is
treatment / medication an option, and what treatments
would the psychologist recommend?
· Is
the condition manageable?
· To
what extent does the psychologist believe treatment could be effective and what
timescales would the psychologist deem “normal” for treatment of any condition
identified?
· What
services are available?
Common sense dictates
that the longer and more detailed the assessment, the more accurate it is
likely to be. An assessment carried out over several sessions may identify behaviour that isn’t apparent in a single interview.
What should I tell
the Court or the psychologist if I ask for an assessment? <Back to
Top>
If you have noticed a
pattern to your partner’s behaviour, ensure that the
assessor is made aware of this. You may have the opportunity to do this if you
are included in the assessment. If you aren’t, the psychologist should become
aware of your observations and experiences if you included this information in
your original statement.
If your ex-partner
has a diagnosed condition, has previously received treatment or has a history
of mental health problems, this should also be included in your
first statement to the Court.
What will the
psychologist do? <Back to Top>
The psychological
assessment will include one or more face-to-face assessments. It may include
psychological tests, which are designed to identify mental illness or personality disorders
depending on the type of test carried out.
What is a
psychological test? <Back to Top>
Psychological tests
(known as ‘personality inventories’)
are questionnaires designed to identify whether the person being assessed has
thoughts and behaviours that indicate they have a
personality disorder or
clinical illness.
The statements
included in the questionnaires cover a wide range of topics, including
attitudes on religion,
sexual practices, perceptions of health, political ideas, information
on family, education and occupation. The questionnaire identifies symptoms that
are exhibited by people suffering from certain forms of mental disorder.
These tools are
commonly used by psychologists or psychiatrists to help carry out psychological
evaluations.
If
I ask for a psychological assessment how much will it cost? <Back to
Top>
Psychological
assessments are expensive and you can expect to pay several thousand pounds. If
you are eligible for legal aid,
this may cover the cost.
How do I find a
Forensic Psychologist? <Back to
Top>
There are a number of
different ways to find a Forensic Psychologist.
The Court may recommend one or you could ask your solicitor or
barrister if
they can recommend one they have worked with in the past (and respect). You can
also look for one on the British Psychological
Society website where you can see details of their qualifications and areas
of expertise.
As with any
professional, some are more suitable than others and have a better reputation.
If you are using a solicitor or
barrister,
their recommendation is important, since they will have seen the quality of
reports previously provided, how the psychologist stands up to
cross-examination, whether their findings tend to be ambiguous and open to
challenge or whether their reports are precise and well founded.
Support
<Back to Top>
The Custody Minefield offers support forums
where you can ask our team of experienced support staff questions about family
law, the courts and separation. Collectively, we have answered more than 10,000
posts on other family law related support forums. Visit our Support Forum Page on
The Custody Minefield website to find out how to register.