Addressing “The Best Interest of the Child”: Working in High Conflict Divorce Cases

The use of mental health professionals as courtroom experts is controversial at the least, and this controversy increases when examining their use in custody decisions. The debate on using mental health professionals has been complicated by junk science practices used in the courtroom. Too often, mental health professionals enter the courtroom offering a professional opinion when they have not properly assessed a case or when they report on instruments they have not been trained in. However, current research suggests that there is a great need for mental health experts speaking to these cases. Research indicates these ongoing high conflict cases create stress and trauma within children that can negatively affect brain development. There is growing evidenced that children exposed to these types of high conflict cases show long-term negative impacts on their psychological well-being and academic performance. The need for mental health professionals in these cases to help evaluate the psychological needs of the child/ren and speak to the court about the effects of toxic stress on the developing brain is paramount. This information can lead the court to expedite the fact- finding process, lessening the stress the child/ren is exposed to. The guidance mental health professionals can offer in these cases is invaluable.