• Home
  • Hofstra University
  • Family Law and Ethics MFT 241
  • Family Law Forensic Evaluation

Family Law Forensic Evaluation

Running Head: Allen Family Forensic Evaluation Allen Family Court Order Forensic Evaluation Jennifer DiSomma MFT 241: Family Law and Ethics Hofstra University ALLEN FAMILYFORENSIC EVALUATION Abstract On November 1, Y-1, David and Lynne Allen each retained separate counsel due to the marital discord that had been building over the past two years. After both party's attorneys met. the only agreement that could be reached was that the welfare of the children give priority over anything that occurred with the divorce and that Dave would continue to pay support and the bills for the Allen family. On November 17, Y-1, Lynne Allen began the divorce proceedings through filing of a complaint alleging adultery and cruel and inhumane treatment. She also applied for temporary custody of the children. On December 1, Y-1, David Allen cross-claimed for divorce alleging adultery, constructive abandonment, and cruel and inhumane treatment. Both spouses asked for custody, maintenance, equitable distribution, counsel fees and costs. Pursuant to C.P.L.R. 202.16, the Uniform Rules for Trial Courts, the attorneys for both sides moved for immediate ruling by the family court on the issue of temporary custody. The trial judge felt the welfare of the children was the key issue, so he suggested mediation between the parties. The judge was also concerned with the possible relocation of the children to another state due to Lynne's career and the disagreement over the religion of the youngest child, Joey. The judge appointed a Law Guardian for the children and agreed that an independent evaluator from North Shore would be appointed by the court to evaluate the case and make recommendations as to possible custody arrangements. Allen Family Court Order Forensic Evaluation After reviewing the Allen Family case, it is confirmed that there are no potential biases. I am confident in completing the forensic evaluation for this case without any conflicts of interest The structure and payment of fees were discussed with both parties. Fees were requested for the clinical interviews, document reviews, telephone consultations, preparation of the final written report, and all meetings with attorneys paid in full at the beginning of the evaluation. Lynne and David received an equal amount of sessions, with having four (4) sessions each. I first met with them separately and decided to not have combined sessions due to the current hostility between both parties. Both children, Jane and Joey Allen had two (2) sessions each with one session being with Lynne and the other with David. I also had one (1) session with David's girlfriend, Norma Ross, as well as the Allen family's babysitter, Carol Lot. At the beginning of each session, it was explained to all parties that confidentiality and privilege is waived because of the legal nature of the process and that anything that is said or written can be referenced or quoted. All parties were also reminded that the clinician's role is to provide the ALLEN FAMILY FORENSIC EVALUATION court with an opinion and not a custody decision. A waiver was completed and signed regardin