AFCC-AAML 2023 Conference on Advanced Issues in Child Custody: Evaluation, Litigation, and Settlement

Sessions

Pre-Conference Institutes 1-4

8:30AM - 12:00PM

1. From Intake to Court

Trial Track

This institute will address how attorneys analyze a case from the moment the client calls for a consultation until the court calls the case for trial. Presenters will discuss issues including client interviewing and counseling, managing client expectations, analyzing case facts, selecting and working with a mental health consultant, preparing for the child custody forensic evaluation, critically evaluating a child custody evaluation, conducting discovery and depositions and motion practice, and preparing for trial. Presenters will discuss how to recognize settlement opportunities at each stage of the proceedings.

Handouts will be distributed in the room

Arnold T. Shienvold, PhD, Riegler, Shienvold & Associates, Harrisburg, PA
Dawn Smith, Esq., Smith & Files, LLC, Tucker, GA
Lawrence Jay Braunstein, Esq., Braunstein & Zuckerman, White Plains, NY

2. Profiles in Custody: Social Media and Family Law

Navigating data from text messages, co-parenting apps, and emails is already a feat in and of itself. Social networking sites (SNS) data can be invaluable when it comes to forming and informing hypotheses regarding each party’s current and past functioning, the relationships and communication styles between parties, and the level of insight parties have into their own contributions to conflict. This institute will focus on processes for verifying, collecting, and considering data and will also focus on authenticity, relevance, and avoiding hearsay.

There will be no handouts for this session. 

Chris Mulchay, PhD, Asheville Testing, Asheville, NC
Adam John Wolff, Esq., Alter, Wolff & Foley, LLC, New York, NY

3. Thinking about Stress, Trauma and Resilience in Children of Divorce: What Can You Do?

Seventy-five percent of children whose parents divorce do as well or better than children in intact families. However, the other 25% may be exposed to chronic high conflict between their parents, intimate partner violence, child maltreatment, and/or poor and compromised parenting, any of which can result in poor coping and adjustment. In this institute presenters will differentiate trauma and stress, describe clinical and legal interventions that can help children manage stress and trauma, and describe how legal and mental health professionals can be part of the solution, not the problem.

Handouts will be distributed in the room

Robin M. Deutsch, PhD, ABPP, Newton, MA
Louise Truax, Esq., Reich & Truax, PLLC, Southport, CT

4. Advanced Ethical, Evidentiary, and Methodological Issues

The presenters, a forensic psychological consultant, and a trial lawyer, will discuss the ethical, methodological, and evidentiary issues presented when mental health professionals serve as experts in contested custody litigation. The professional roles to be discussed in detail will be those of evaluator and work product reviewer. The evidentiary issues to be discussed will focus on hearsay predicates for expert opinion testimony.

Handouts will be distributed in the room

David A. Martindale, PhD, ABPP, Forensic Psychology Consultant, St. Petersburg, FL
Timothy M. Tippins, Esq., East Greenbush, NY

Lunch (on your own)

12:00PM - 1:15PM


Opening Plenary Session

1:15PM - 2:45PM

Family Justice Reform: Values, Services, and Science in a Politicized Environment

The family justice system has long been steeped in politics. In recent years, in the context of polarized political movements worldwide, practitioners and their clients have been increasingly impacted by outlying values that influence policy and practice. Advocates, including policy makers and scholars, too often weigh in with contradictory claims about issues such as shared parenting, intimate partner violence, and parental alienation, creating false binaries that hinder true problem-solving for families in conflict. Moreover, policies influenced by advocates may especially harm lower income families by shifting and defunding needed services. This panel will examine the values and science that underpin family law policy advocacy, consider its impact on services, and explore models that fortify effective, individualized problem-solving.

Rebecca Henry, Esq., Battered Women’s Justice Project, St. Paul, MN
Matthew J. Sullivan, PhD, Santa Cruz, CA
Moderator: Stacey Platt, Esq., AFCC President, Chicago, IL

Break

2:45PM - 3:00PM


Concurrent Sessions 1-5

3:00PM - 5:00PM

1. Evidentiary Considerations with Mental Health Experts in Child Custody Litigation

Trial Track

Mental health experts can play a significant role in child custody litigation. Rules of evidence, the reliability and validity of experts’ methods, theories, and opinions; and the relevance and helpfulness of experts’ opinions to the court are some of the critical evidentiary issues that judges, lawyers, and experts must consider in performing their roles. In this interdisciplinary session, the presenters will explore these issues with particular attention to concepts, practices, and theories that are likely to raise evidentiary concerns.

 

Hon. Kevin M. Duffan, 2nd Judicial Circuit, Virginia Beach, VA
Adam John Wolff, Esq., Alter, Wolff & Foley, LLC, New York, NY
Kathleen McNamara, PhD, Independent Practice, Fort Collins, CO

2. Authentication of Digital Media in Child Custody Cases: Checking the Evidence

Technology is a significant part of everyday life. Most everyone has an email address, a cell phone, and access to social media. Cell phones are the epicenter of communication – and often primary storage for voicemail, email, text messages, audio, and video recordings and photos. In family court matters, digital evidence is relied upon for a variety of reasons, including as proof of allegations in custody cases. However, not all digital evidence is reliable and not all digital evidence is legitimate. This session will explore important considerations for reviewing and authenticating data that tells a story before relying on it and presenting it to the court.

No Handouts

Simon Ragona III, Orchard Park, NY

3. Just Say No? Drugs, Alcohol, and Family Court

This session will focus on how to proceed when substance use issues are present in a child custody case. Due to lack of understanding about addiction, courts often impose conditions and interventions that are contrary to best practices and addiction research. Uninformed court responses can destabilize parent-child relationships, negatively impact co-parenting, and unwittingly harm family systems. Drawing on the latest research and neuroscience, this session will help attorneys, judges, and mental health professionals to set realistic expectations, effectively manage relapse, and implement safeguards to protect children and parents. Practical science-informed tips will also be provided for attorneys, evaluators, clinicians, and experts to use when navigating these challenging cases.

Stephanie Tabashneck, PsyD, Esq., Center for Law, Brain and Behavior, Harvard Medical School, Petrie-Flom Center, Harvard Law School, Cambridge, MA

4. Current Controversies in Understanding and Intervening with Parent-Child Contact Problems

Interventions are increasingly being court-ordered to address the distress and turmoil that occurs when a child resists or refuses contact with a parent. The complex family dynamics in these cases present enormous challenges to legal and mental health professionals. The controversies surrounding the efficacy and safety of these interventions has reached a fever pitch as evidenced this last year in the passage of Kayden’s Law and the issuance of a joint statement of AFCC and the NCJFCJ. These public policy initiatives take very different approaches to intervention and training in these cases. This session explores these controversies and uses case examples to demonstrate how evidence-informed intervention models can be applied safely and effectively to the spectrum of types of matters involving parent-child contact problems. Presenters will highlight family systems-based interventions and the court’s role in structuring, sequencing and monitoring interventions to optimize progress.

Matthew J. Sullivan, PhD, Santa Cruz, CA

5. Developmentally Appropriate Parenting Plans: Stepping It Up When There Are Allegations of Intimate Partner Violence

Challenging cases often involve allegations of intimate partner violence. Some parents may want to eliminate contact between the children and the other parent. Parents without contact often want it immediately restored. Presenters in this session will discuss parenting plans when contact has been limited due to the allegations of intimate partner violence, including coercive control. Using a developmental framework, a model for stepping up contact based on safety and accountability will be applied to clinical and legal interventions.

Robin M. Deutsch, PhD, ABPP, Newton, MA
Louise Truax, Esq., Reich & Truax, PLLC, Southport, CT

Welcome Reception

5:00PM - 6:00PM


Keynote Address

9:00AM - 10:00AM

Understanding Adults Who Sexually Abuse Children

What makes adults who sexually abuse children think and act in the way they do? For many, the answers to these questions are unimaginable but for judges, attorneys, and mental health professionals those answers are critical to the correct assessment of risk and defensible decision making. This presentation aims to dispel some of the common myths that surround the behavior of adult perpetrators and explain how they develop and maintain their deviant sexual arousal to children.

 

Graham Hill, PhD, Crimlogic Ltd, London, UK

Break

10:00AM - 10:30AM


Plenary Session

10:30AM - 12:00PM

Technology and Evidentiary Issues in Child Custody Cases

Child custody evaluators, attorneys, and judges regularly confront issues regarding the validity and authenticity of information that is provided to them. Increasingly, this information is in the form of a text message, an email, a video, or a digital recording. But with the advancements in technology, how can anyone be sure that the evidence provided is authentic and reliable? This moderated panel discussion will address how child custody evaluators, attorneys, judges, and technology experts confront the issue of authenticity, and the criteria they utilize.

 

Simon Ragona III, Orchard Park, NY
Chris Mulchay, PhD, Asheville, NC
Hon. Cheryl Joseph, Central Islip, NY
Moderator: Lawrence Jay Braunstein, Esq., White Plains, NY

Networking Luncheon

12:00PM - 1:30PM


Concurrent Sessions 6-10

1:45PM - 3:45PM

6. Direct and Cross Examination of a Child Custody Forensic Evaluator

Trial Track

This session will utilize short fact patterns and will focus on preparing and conducting a direct and cross examination of a child custody evaluator. Presenters will address evidentiary rulings, qualification of an expert, effective utilization of the child custody report, existing literature and child custody evaluation standards and protocols, electronic evidence, and virtual child custody evaluations.

David Ladov, Esq., Obermayer Rebmann Maxwell & Hippel LLP
Arnold T. Shienvold, PhD, Riegler, Shienvold & Associates, Harrisburg, PA
Maria Cognetti, Esq., Cognetti & Associates, Harrisburg, PA
Hon. Cheryl Joseph, Central Islip, NY

7. “ Culture Matters” Really? Engaging Cultural Differences When IPV is Present

Using case examples, this highly interactive session will define culture and cultural misinformation in order to explore opportunities, challenges, and strategies for engaging with litigants who are experiencing intimate partner violence (IPV). The first half of the program will focus on a critical redefinition of the term using more current knowledge and debates. The second half will use case examples to develop and integrate an approach that allows for cultural realities but can focus on best outcomes for all.

 

Sujata Warrier, PhD, Chief Strategy Officer, Battered Women’s Justice Project, St. Paul, MN

8. Social Science Research and Child Custody: Is Anything New Under the Sun?

This session summarizes new directions and findings from social science research pertaining to child custody and parenting issues. Research from the past three years will be covered, focusing on hot topics related to resist and refusal dynamics, same sex parenting, overnights, shared/co-parenting, and studies not directly germane – but related to – parenting plans. Studies will be summarized with discussion of the implications for legal practice. Discussion will focus on how the research can be utilized in participants’ own cases, with consultation provided by the speaker as well as participants.

Marsha Kline Pruett, PhD, MSL, ABPP, Smith College, Northampton, MA

9. How to Improve your Forensic Interviews by Understanding Adults Who Sexually Abuse Children

Both mental health professionals and family law attorneys will, at some point in their career, encounter allegations of child sexual abuse. Understanding how adults who sexually abuse children view the world, and how they present during forensic evaluations will better enable the forensic interviewer to improve their investigative process and will better inform the professionals dealing with these allegations in custody cases.

 

Graham Hill, PhD, Crimlogic Ltd, London, UK
Lawrence Jay Braunstein, Esq., White Plains, NY

10. Mental Health Consultation in Child Custody Cases

The presenters will examine the use of mental health experts as consultants and as expert witnesses in family law matters, focusing on ethical and methodological considerations both for attorneys and for mental health professionals. Topics covered will include legal and mental health perspectives on testimonial and non-testimonial consultation services, the mental health professional’s work product review process, and ethical issues involved in offering expert testimony. The presenters will provide resources for consultants and attorneys, and use illustrative material from actual cases.

 

David A. Martindale, PhD, ABPP, Forensic Psychological Consultant, St. Petersburg, FL
Timothy M. Tippins, Esq., East Greenbush, NY

Consultation Groups

4:00PM - 5:00PM

Consultation Groups

Join your colleagues for informal discussion and consultation on some of the most challenging topics for family law professionals. Bring your question and most difficult cases for expert feedback.

Consultation Groups:

William Bernet, MD, Parent-Child Contact Problems

Sandra Mayberry, Esq., Working with Consultants

Susan Myres, Esq., Practical Solutions to Impossible Situations

Robert Simon, PhD, Making Recommendations Matter


Concurrent Sessions 11-15

8:30AM - 10:30AM

11. Evidentiary Considerations with Mental Health Experts in Child Custody Litigation

Trial Track

Previously offered as session #1

Mental health experts can play a significant role in child custody litigation. Rules of evidence, the reliability and validity of experts’ methods, theories, and opinions; and the relevance and helpfulness of experts’ opinions to the court are some of the critical evidentiary issues that judges, lawyers, and experts must consider in performing their roles. In this interdisciplinary session, the presenters will explore these issues with particular attention to concepts, practices, and theories that are likely to raise evidentiary concerns.

 

Hon. Kevin M. Duffan, 2nd Judicial Circuit, Virginia Beach, VA
Adam John Wolff, Esq., Alter, Wolff & Foley, LLC, New York, NY
Kathleen McNamara, PhD, Independent Practice, Fort Collins, CO

12. Just Say No? Drugs, Alcohol, and Family Court

Previously offered as session #3

This session will focus on how to proceed when substance use issues are present in a child custody case. Due to lack of understanding about addiction, courts often impose conditions and interventions that are contrary to best practices and addiction research. Uninformed court responses can destabilize parent-child relationships, negatively impact co-parenting, and unwittingly harm family systems. Drawing on the latest research and neuroscience, this session will help attorneys, judges, and mental health professionals to set realistic expectations, effectively manage relapse, and implement safeguards to protect children and parents. Practical science-informed tips will also be provided for attorneys, evaluators, clinicians, and experts to use when navigating these challenging cases. children manage stress and trauma, and describe how legal and mental health professionals can be part of the solution, not the problem

Stephanie Tabashneck, PsyD, Esq., Center for Law, Brain and Behavior, Harvard Medical School, Petrie-Flom Center, Harvard Law School, Cambridge, MA

13. Developmentally Appropriate Parenting Plans: Stepping It Up When There Are Allegations of Intimate Partner Violence

Previously offered as session #5

Challenging cases often involve allegations of intimate partner violence. Some parents may want to eliminate contact between the children and the other parent. Parents without contact often want it immediately restored. Presenters in this session will discuss parenting plans when contact has been limited due to the allegations of intimate partner violence, including coercive control. Using a developmental framework, a model for stepping up contact based on safety and accountability will be applied to clinical and legal interventions.

 

Robin M. Deutsch, PhD, Newton, MA
Louise Truax, Esq., Reich & Truax, PLLC, Southport, CT

14. “Culture Matters” Really? Engaging Cultural Differences When IPV is Present

Previously offered as session #7

Using case examples, this highly interactive session will define culture and cultural misinformation in order to explore opportunities, challenges, and strategies for engaging with litigants who are experiencing intimate partner violence (IPV). The first half of the program will focus on a critical redefinition of the term using more current knowledge and debates. The second half will use case examples to develop and integrate an approach that allows for cultural realities but can focus on best outcomes for all.

 

Sujata Warrier, PhD, Chief Strategy Officer, Battered Women’s Justice Project, St. Paul, MN

15. How to Improve your Forensic Interviews by Understanding Adults Who Sexually Abuse Children

Previously offered as session #9

Both mental health professionals and family law attorneys will, at some point in their career, encounter allegations of child sexual abuse. Understanding how adults who sexually abuse children view the world, and how they present during forensic evaluations will better enable the forensic interviewer to improve their investigative process and will better inform the professionals dealing with these allegations in custody cases.

 

Graham Hill, PhD, Crimlogic Ltd, London, UK
Lawrence Jay Braunstein, Esq., Braunstein & Zuckerman, White Plains, NY

Break

10:30AM - 10:45AM


Concurrent Sessions 16-20

10:45AM - 12:45PM

16. Authentication of Digital Media in Child Custody Cases: Checking the Evidence

Previously offered as session #2

echnology is a significant part of everyday life. Most everyone has an email address, a cell phone, and access to social media. Cell phones are the epicenter of communication – and often primary storage for voicemail, email, text messages, audio, and video recordings and photos. In family court matters, digital evidence is relied upon for a variety of reasons, including as proof of allegations in custody cases. However, not all digital evidence is reliable and not all digital evidence is legitimate. This session will explore important considerations for reviewing and authenticating data that tells a story before relying on it and presenting it to the court.

No Handouts

Simon Ragona III, Orchard Park, NY

17. Current Controversies in Understanding and Intervening with Parent-Child Contact Problems

Previously offered as session #4

Interventions are increasingly being court-ordered to address the distress and turmoil that occurs when a child resists or refuses contact with a parent. The complex family dynamics in these cases present enormous challenges to legal and mental health professionals. The controversies surrounding the efficacy and safety of these interventions has reached a fever pitch as evidenced this last year in the passage of Kayden’s Law and the issuance of a joint statement of AFCC and the NCJFCJ. These public policy initiatives take very different approaches to intervention and training in these cases. This session explores these controversies and uses case examples to demonstrate how evidence-informed intervention models can be applied safely and effectively to the spectrum of types of matters involving parent-child contact problems. Presenters will highlight family systems-based interventions and the court’s role in structuring, sequencing and monitoring interventions to optimize progress.

Matthew J. Sullivan, PhD, Santa Cruz, CA

18. Direct and Cross Examination of a Child Custody Forensic Evaluator

Trial Track

Previously offered as session #6

This session will utilize short fact patterns and will focus on preparing and conducting a direct and cross examination of a child custody evaluator. Presenters will address evidentiary rulings, qualification of an expert, effective utilization of the child custody report, existing literature and child custody evaluation standards and protocols, electronic evidence, and virtual child custody evaluations.

David Ladov, Esq., Obermayer Rebmann Maxwell & Hippel LLP
Maria Cognetti, Esq., Cognetti & Associates, Harrisburg, PA
Arnold T. Shienvold, PhD, Riegler, Shienvold & Associates, Harrisburg, PA
Hon. Cheryl Joseph, Central Islip, NY

19. Social Science Research and Child Custody: Is Anything New Under the Sun?

Previously offered as session #8

This session summarizes new directions and findings from social science research pertaining to child custody and parenting issues. Research from the past three years will be covered, focusing on hot topics related to resist and refusal dynamics, same sex parenting, overnights, shared/co-parenting, and studies not directly germane – but related to – parenting plans. Studies will be summarized with discussion of the implications for legal practice. Discussion will focus on how the research can be utilized in participants’ own cases, with consultation provided by the speaker as well as participants.

Marsha Kline Pruett, PhD, MSL, ABPP, Smith College, Northampton, MA

20. Mental Health Consultation in Child Custody Cases

Previously offered as session #10

The presenters will examine the use of mental health experts as consultants and as expert witnesses in family law matters, focusing on ethical and methodological considerations both for attorneys and for mental health professionals. Topics covered will include legal and mental health perspectives on testimonial and non-testimonial consultation services, the mental health professional’s work product review process, and ethical issues involved in offering expert testimony. The presenters will provide resources for consultants and attorneys, and use illustrative material from actual cases.

David A. Martindale, PhD, ABPP, Forensic Psychological Consultant, St. Petersburg, FL
Timothy M. Tippins, Esq., East Greenbush, NY