Child Custody Child Custody InvestigationsInvestigations

2008 Family Dispute 2008 Family Dispute Resolution Statewide Resolution Statewide Educational InstituteEducational Institute

UNDERLYING ASSUMPTIONSUNDERLYING ASSUMPTIONS

Report will fully present concerns expressed by Report will fully present concerns expressed by both parents. both parents.

Report will, to the extent possible, shed light on Report will, to the extent possible, shed light on factual basis of allegations presented.factual basis of allegations presented.

Report will be based upon methods of inquiry Report will be based upon methods of inquiry which are balanced, thus providing parallel which are balanced, thus providing parallel information on both parties to dispute.information on both parties to dispute.

Report will lead to logical coherent conclusions Report will lead to logical coherent conclusions regarding the best interest requirements of the regarding the best interest requirements of the subject minors. subject minors.

A thoroughly researched and well written report A thoroughly researched and well written report may may lead to resolution of conflict prior to a trial.lead to resolution of conflict prior to a trial.

Presentation of Parental Presentation of Parental ConcernsConcerns

Provides quick-reference to issues in case.Provides quick-reference to issues in case. Allows each parent to see graphically that Allows each parent to see graphically that

their concerns were considered.their concerns were considered. Provides direction to the Investigator as to Provides direction to the Investigator as to

what collateral sources of information what collateral sources of information should be included.should be included.

Should be outlined early on in the report Should be outlined early on in the report and each point of concern must be and each point of concern must be somehow addressed in subsequent somehow addressed in subsequent narrative.narrative.

Social History of ParentsSocial History of Parents

Should always be included in body of report.Should always be included in body of report. Provides insight into how each parent is Provides insight into how each parent is

likely to perceive the reality of their current likely to perceive the reality of their current circumstances, role of mother’s, father’s, circumstances, role of mother’s, father’s, grandparents, etc.grandparents, etc.

Primary clinical tool which allows the Primary clinical tool which allows the investigator to make reasonable conclusions investigator to make reasonable conclusions about each of the parties absent use of about each of the parties absent use of psychological testing.psychological testing.

Collection of Collateral Collection of Collateral InformationInformation

Should be dictated by nature of the dispute Should be dictated by nature of the dispute and allegations presented by each parent.and allegations presented by each parent.

Probative value of each collateral must be Probative value of each collateral must be considered in analysis.considered in analysis.

Should be extensive but must be relevant Should be extensive but must be relevant and provide RELIABLE information and provide RELIABLE information

May include sources of information which May include sources of information which are not “suggested” by either parent.are not “suggested” by either parent.

May be conducted either in person or by May be conducted either in person or by phone. phone.

Examples of High Priority Examples of High Priority CollateralsCollaterals

Criminal History Criminal History Information.Information.

Review of relevant Police Review of relevant Police Reports.Reports.

Summary of CPS/CWS Summary of CPS/CWS Information.Information.

Interview of children’s Interview of children’s teachers.teachers.

Medical Records.Medical Records.

* Children too young for * Children too young for formal interview may be formal interview may be observed in interaction observed in interaction with with bothboth parents. parents.

Drug Test Results.Drug Test Results. School Records.School Records. Narrative of interview of Narrative of interview of

each parent.each parent. Filed Court Documents.Filed Court Documents. Program Completion Program Completion

Certificates.Certificates. Interview of Minors*Interview of Minors* If conducted, results of If conducted, results of

MDT.MDT.

Additional Collateral Additional Collateral ResourcesResources

Results of Home Results of Home Studies.Studies.

Interview of Interview of available family available family members.members.

Interviews of Interviews of physicians or physicians or counselors.counselors.

Interview of Interview of employers.employers.

Interview of Interview of Neighbors.Neighbors.

Interview of any Interview of any relevant witnesses relevant witnesses to events alleged.to events alleged.

Results of any Results of any court ordered court ordered psychological psychological evaluation.evaluation.

Additional Collaterals of Lesser Additional Collaterals of Lesser ValueValue

Letters of recommendation Letters of recommendation (unsolicited).(unsolicited).

Unsolicited letters from therapists.Unsolicited letters from therapists.

NoteNote: If used, these sources should be : If used, these sources should be verified by follow-up direct interview.verified by follow-up direct interview.

Use of the InternetUse of the Internet

To obtain contact information on out of To obtain contact information on out of State/Area law enforcement, CWS, State/Area law enforcement, CWS, Probation, Schools, etc.Probation, Schools, etc.

Decreases number of L.D. phone calls.Decreases number of L.D. phone calls. Often provides specific names of contact Often provides specific names of contact

persons such as school principals, specific persons such as school principals, specific teachers, specialized law enforcement teachers, specialized law enforcement personnel, etc.personnel, etc.

Extremely useful in locating resources for Extremely useful in locating resources for out of state home studies. out of state home studies.

Internet Uses - ContinuedInternet Uses - Continued

Use of e-mail to automate requests Use of e-mail to automate requests for information from local sources for information from local sources such as; requests for police reports, such as; requests for police reports, Child Welfare, School attendance Child Welfare, School attendance information, CLETS.information, CLETS.

DiscussionDiscussion

What uses of the internet What uses of the internet have you made in your court?have you made in your court?

Use of Digital Photography for Use of Digital Photography for Home StudiesHome Studies

A picture is worth a thousand words.A picture is worth a thousand words. Inexpensive method of providing Inexpensive method of providing

additional depth of information to the additional depth of information to the Court.Court.

Pictures may be incorporated into Pictures may be incorporated into the body of the report itself. the body of the report itself.

ExamplesExamples

Putting it all togetherPutting it all together

Be sure that you have addressed each and Be sure that you have addressed each and every concern voiced by both parents.every concern voiced by both parents.

If you are unable to find information which If you are unable to find information which proves or disproves a given allegation – proves or disproves a given allegation – simply state this. simply state this.

Be certain that you include a balance of all Be certain that you include a balance of all information, even that which does not information, even that which does not support your conclusion. support your conclusion.

Carefully weigh the evidence, being Carefully weigh the evidence, being certain that your conclusions flow certain that your conclusions flow naturally from the information presented.naturally from the information presented.

Putting it all together Putting it all together /Continued/Continued

The heart and sole of your report is the The heart and sole of your report is the analysis and conclusions section.analysis and conclusions section.

This should ideally present a clear This should ideally present a clear picture of your findings and tie together picture of your findings and tie together the initial allegations, your findings the initial allegations, your findings regarding each, and the factual basis for regarding each, and the factual basis for any assumptions you make in support of any assumptions you make in support of your recommendations.your recommendations.