On a number of occasions this column has advocated mandatory practice standards to govern forensic evaluations in custody proceedings.1 Two recent decisions, in juxtaposition, underscore the critical need for such standards to ensure that these evaluations produce reliable information.
Coercion and Consequences
In Paul A. v. Shaundell LL.,2 Family Court directed a psychological evaluation. When the mother failed to submit herself or the child for evaluation the court found her in contempt, granted the father sole custody and relegated the mother to supervised parenting time. The court further required her to reimburse the father for funds expended in connection with the evaluation and to pay his counsel fees in connection with the filing of the contempt petition. The Appellate Division, Third Department, affirmed.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
