Credible Data in Custody and Access Disputes
by Gary Direnfeld, MSW, RSW
Many persons start with the
premise that if you tell your
story often enough, it must be
true. Hence in bolstering child
custody and access claims, some
parties and lawyers run about
gathering as many affidavits
and one-sided opinions as possible.
Trouble is, most are not worth
the paper they are printed on.
Even reports from expert sources
may not be credible if the data
is derived from a single source.
Parties subject to child custody
and access disputes are by nature
of the situation, vulnerable.
It often happens that parties
subject to child custody and
access disputes engage others
by sharing with them the nature
of the dispute and their hypothesis
underlying the behaviour of the
other party. They fear a loss
of their relationship to the
children as they had envisioned
it. They are often feeling desperate
in this concern and hence are
prone to present their situation
in a way that favours themselves
over the other party. It may
be that they are innocently venting
their upset or consternation,
or it may be that they are trying
to induct others to their version
of events to curry support of
their position. In any event,
the listener, be it family, friend
or professional is only privy
to a one-sided account. Typically
the account provided is emotionally
laden and hence the listener
is prone to accept the party’s
version on face value. In the
case of counsellors, it is generally
their role to provide support
and hence they may not be prone
to challenge a person’s
version of events.
In the face of an emotional
account of wrongdoing, many persons,
professional and otherwise, are
moved to action to help correct
a perceived injustice. However,
in the absence of verifying data
or at least contrasting it with
input from the other side, the
injustice at risk is justice
itself.
Experienced assessors are well
aware of the above dynamics and
that is why, by standards of
practice, they are prohibited
from forming a final opinion
on the basis of a one-sided account
or data derived or traceable
to a single source. Data derived
from or traceable to a single
source occurs when one party
sees a number of counsellors,
doctors or the like, tell their
story and then receive letters
of support from those professional
sources, but based solely upon
the one-sided account. No matter
how reliable the professional,
the data remains one-sided and
hence may not accurately reflect
the situation.
Credible data is that which
the assessor has tested. Strategies
for testing include obtaining
data from multiple sources, discussing
and contrasting the data with
the parties and at times confronting
the parties on their version
of events in view of conflicting
data.
The value of credible data is
that it can help the parties
and courts achieve a more appropriate
resolution to the child custody
and access dispute. Credible
data may confirm the presence
or absence of abuse claims as
well as any other positions or
hypothesis put forward by the
respective parties.
The risk of gathering one-sided
data is that it and the process
may contribute to an escalation
in the dispute as now each side
feels compelled to out-do the
other in the race to amass support.
Further, the process almost requires
each side to escalate their positions
and claims so as to restore balance
to the perceived injustice each
brings about to the other.
Credible data as obtained by
an experienced assessor through
an appropriate process has the
advantage of clarifying issues
and facilitating a reasonable
resolution. Discreditable data
collection runs the risk of escalating
conflict and undermining an appropriate
resolution and can also undermine
the well-being of children subject
to the custody and access dispute.
Before you run around gathering
affidavits and reports, at least
remember this: A reasonable assessor
can tell the difference between
credible and discreditable data
and will have concern about a
party whose allegations are unfounded
or exaggerated.
Gary
Direnfeld, MSW, RSW is a social
worker. Courts in Ontario,
Canada, consider him an expert
on child development, parent-child
relations, marital and family
therapy, custody and access
recommendations, social work
and an expert for the purpose
of giving a critique on a Section
112 (social work) report. You
can contact Gary at (905) 628-4847, gary@yoursocialworker.com or www.yoursocialworker.com
|
 |
|
