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A Psychologist's Thoughts on Clinical Practice, Behavior, and Life

Thoughts Aroused By A Wall Street Journal Article On Family Court Decisions

"Court-Ordered Therapy That Separates Kids from a Parent They Love Stirs a Backlash/A controversial treatment used in custody fights can keep family members apart for years against children's wishes./'It all absolutely destroyed me.''' begins the article.

Knowledge of child psychological development is greatly lacking among doctors, the legal system, and the general public. Children are not easily swayed, being fully capable of deciding who most loves them. The concept that a child needs both parents in their life for healthy psychological development is untrue. What most often reflects such Family Court conflict is parental narcissism, the lack of self-knowledge.

I have known children who were overjoyed when their parents separated, one teenager telling her mother that if she divorced the alcoholic father she would get a job to help support the family. A seven-year-old once told me, "I need a new family."

As every lawyer will tell you, the Family Court is a Wild West show where the parent with the most skilled lawyer usually wins despite the best interests of the child being the sole deciding mandate which should occur. In New York State two children were recently murdered by their abusive parent after being returned to them from foster care despite the opposition of mental health professionals. Nuff said.

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How to Survive Your Courtroom Experience

Testifying in court is a stressful experience and just being there can be nerve-racking. During my first visit to a judge's chambers I asked where to sit though this was obvious. With experience I came to enjoy testifying in court as the government's expert witness. Providing information which always helped the participants since the more accurate information which a judge has the better will be their decision.


Judges have great power and making a mistake when testifying can elicit their verbal wrath and more. The following tips may help avoid this.

 

1. Never lie when testifying no matter how attractive this possibility may seem since the consequence can be severe. A New York psychologist who falsely embellished his excellent credentials lost his license after an attorney's investigation and complaint.


2. Never express anger when testifying since this works against you. Remain calm no matter how upsetting or even ridiculous is the attorney's question. It's not personal, he only doing his job.


3. Prepare yourself before testifying, winging it in court can be problematic even for an experienced lawyer. After describing the nature of the Thematic Apperception Test, a psychological instrument in which a subject creates a story in response to a drawing, the lawyer asked, "Well, Dr. Goldstein, if I made a story that I had sexual difficulty with my wife, how would you interpret my problem?" I could hardly believe the opening he gave me. With a straight face I responded, "Sir, I can express no professional opinion about your sexual adequacy with your wife." The courtroom broke up in laughter and even the judge smiled though I probably should have avoided temptation since there is no laugh line in court transcriptions.


Yet even with the best preparation pitfalls can occur. I once earned the verbal wrath of a judge by mentioning that I had been originally referred the plaintiff by his insurance company though I had not been instructed to avoid stating this. Nor, testifying under subpoena, did I even know who he was suing or why.


Remember that every new experience creates some degree of anxiety. Thus, because most people experience a courtroom only once in their life if ever, this discomfort should be expected.

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Legal: Attacking Expert Witness Testimony in Court

Lacking clinical knowledge, it's not easy for a lawyer to attack expert witness testimony in court. Following is what can happen when a lawyer tries to "wing it." I described the psychological tests that I used to evaluate the defendant, One, the Thematic Apperception Test which was developed at Harvard University in the 1930s,  Read More 
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