APPLYING CASE STUDY METHODOLOGY TO CHILDCUSTODY EVALUATIONS
Frances M. Vertue1
The child custody evaluation (CCE) can play a critical role in the resolution of custody disputes in the Family Court. There havebeen a number of significant methodological advances made in this field by various researchers over the past 20 years. It istimely that a scientifically-based, integrative, methodological framework be developed within which existing methods might besituated. In this paper, case study methodology is proposed as an appropriate methodological framework for CCEs. Theapplication of this methodology to CCEs is explicated with particular attention being paid to the methodological tasks of datacollection and data interpretation. An orienting model is proposed to guide the collection of data, and strategies are describedfor applying population level research findings to individual cases in the form of risk and resilience models. Finally, coherence,analogy, and making methodology explicit are proposed as evaluation criteria for the CCE process and reports, and suggestionsare made about outcome research.
Keywords: case study methodology; child custody evaluation; methodology; Family Court; risk and resilience; forensicpsychology
Judges in the Family Court make rulings in custody and access disputes based on the needs of thechildren involved, and their caregivers’ capacity to meet those needs, and a scientifically informedchild custody evaluation (CCE) provides relevant and useful information to the Family Court (Gould& Martindale, 2007). Importantly, there is no formal evaluation of the utility of CCEs in the courtsystem to date (Kelly & Ramsey, 2009), although Maccoby and Mnookin (1992) have found that, ofthe nine percent of custody cases that were not settled by negotiation or mediation (n = 84), more than50 percent (n = 49) settled after the custody evaluation. This suggests that the custody evaluation mayhave been partly instrumental in facilitating settlement where negotiation and mediation had notsucceeded.fcre_1375 336..347
Over the past 20 years, experts have raised incisive criticisms of the science behind CCEs,including the limits of custody-relevant psychological knowledge (Tippins & Wittmann, 2005), thepractice of focusing on adults rather than the child, the indiscriminate use of psychometric tests,evaluators in dual roles (Bow & Quinnell, 2004; Emery, Otto, & O’Donohue, 2005), the limits ofmental health assessment practices (Trombetta, 1991), and the biases of evaluators (Pickar, 2008).While these are valid criticisms of the empirical science of CCE, the demands of custody disputesmake CCEs necessary.
To address these concerns, practice standards have been introduced, such as the American Psy-chological Association’s Guidelines for Child Custody Evaluations in Family Law Proceedings2 andthe Association of Family and Conciliation Courts (AFCC) Model Standards for Practice for ChildCustody Evaluations.3 Useful texts describe areas to explore and methods to interview and observeparents and children, assess child development and parenting capacity, write the report, and deal withcross-examination (e.g., Gould & Martindale, 2007; Rohrbaugh, 2008; Stahl, 1994). Workshops areprovided by professional organisations and academic institutions. However, “. . . there appears to bea large amount of unwanted variability in the questions asked, the methods pursued, the way infor-mation is processed, and the kinds of conclusions reached . . .” (O’Donohue, Beitz, & Tolle, 2009, p300). Therefore, it seems timely for a scientifically validated methodological framework to integrateexisting methods and provide an evidence-based conceptualisation of “best practice” for CCEs. With
a methodological framework based on scientific knowledge, CCE methods will be easier to evaluateand teach. A methodological framework could specify constraints on the CCE process as well asconstraining the structure of the report itself, with a coherent and logical format to communicateinformation to the court.
In this paper, case study methodology is presented as an appropriate methodological genre forCCEs. Case study methodology involves collecting data, making inferences about the patterns in thedata, drawing tentative conclusions about those patterns, generating explanations for the patterns, andmaking predictions about outcomes (Corcoran, Walker & Wals, 2004). There is a precedent for thisapplication of the methods of science to a professional endeavour (Vertue & Haig, 2008) in whichscientific method is applied to clinical reasoning. Just as that methodological framework is flexibleenough to be helpful to clinicians of differing theoretical orientations with clients who have manydifferent problems, so using case study methodology as a framework for CCEs provides the flexibilityrequired to accommodate the tremendous variability inherent in individual and family functioning.
THE ARGUMENT FOR CASE STUDY METHODOLOGY
The case study method has a long history in many disciplines, including medicine, clinicalpsychology, sociology, social work, social anthropology, economics, business management andorganisation, and public administration (David, 2007; Gillham, 2000; Howard, 1993; Martin & Hull,2007; Stake, 2003; Yin, 2008). In these disciplines, case studies are used to describe and explainnaturally occurring events in the world. They are often carried out so that a desirable course of actioncan be implemented, or to remedy a problem. In the context of seeking a remedy for a problem (e.g.,settling a social dispute), the practice of the law overlaps with the aforementioned disciplines.Bromley (1990) makes a strong association between the case-study approach and judicial enquiries,and names the case-study method “the quasi-judicial method.”
There are three major criticisms of case study methodology. The first is that the findings of a casestudy provides little basis for generalisation (Stake, 2003). However, in the case of CCEs, there is noattempt to generalise the findings of a CCE to the population, so the criticism is irrelevant. The secondis that the flexibility allowed to the researcher encourages biases about which data are collected, andusing self-reports introduces biases into the data that are collected (Stake, 2003; Yin, 2008). However,case study methodology has recognised this threat and uses triangulation to counter bias. The thirdcriticism is that the absence of experimental controls introduces the possibility of confoundingvariables. Case study methodology also recognises this problem and demands are made to entertainalternative, competing explanations. These criticisms will be addressed as they arise.
CASE STUDY METHODOLOGY: GOODNESS OF FIT WITH CCES
Simply put, “. . . a psychological case study is an account of a person in a situation . . .” (Bromley,1986, p. 1). Yin (2003) defines a case study as an empirical enquiry that: (1) investigates a contem-porary phenomenon within its real-life context, especially when (2) the boundaries between phenom-enon and context are not clearly evident. The phenomenon of the child within the family system wherethere is parental separation certainly matches these criteria. Yin (2003) suggests that the case study (1)copes with the technically distinctive situation in which there will be many more variables of interestthan data points, (2) relies on multiple sources of evidence, with data needing to converge in atriangulating fashion, and (3) benefits from the prior development of theoretical propositions to guidedata collection and analysis. The complexity of individual functioning, developmental processes, andfamily and societal systems means that there will always be more variables than can be practicallyincluded in a CCE. Therefore, there is a demand to pick the most relevant variables (e.g., the child’sdevelopmental needs and the caregivers’ capacity to meet those needs), and triangulate the data byusing multiple sources of data and multiple methods of data collection (Denzin & Lincoln, 1994). This
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process of triangulation protects the conclusions drawn from inaccuracies introduced by singleinformants or single methods of data collection. As a result, this strategy is often recommended intexts about case study methods and CCEs (e.g., Austin, 2001; Gould & Martindale, 2007; Kirkpatrick,2004; Yin, 2003).
Case study methodology is acceptable in scientific research provided that it meets the aims of theresearch (David, 2007). I suggest that the aims of the CCE are (a) to provide the court with valid andreliable conclusions about the child’s development in the context of his or her care-giving environ-ments, and (b) to make predictions about the possible outcomes of potential changes in thoseenvironments. Edwards, Dattilio, and Bromley (2004) suggest that case studies are particularly usefulin the “context of discovery” to generate ideas and hypotheses to provide a preliminary conceptuali-sation of phenomena. Generating hypotheses to develop a conceptualisation or formulation of thecustody issues is an intrinsic part of the CCE.
Finally, there is a demand for the prior development of theoretical propositions to guide datacollection and analysis. Thus, evaluators should carefully develop a “design of research steps accord-ing to some relationship to the literature, policy issues, or other substantive source” (Yin, 2003, p. 5).The danger of having no research logic is that the evaluator can be drawn into: Areas that are irrelevantto the evaluation (for example, the recriminations of estranged and bitter parties; historical events thathave no relevance to the current issues; and the competing agendas of the litigating parties, theirsupporters, or the wider societal systems that are involved in the case); using reasoning strategies thatare flawed (for example, making claims with no evidence for those claims and no justification for thelink between the evidence and the claim); relying on biased data (for example, collecting informationfrom one party only); not entertaining alternative interpretations of the data (assuming that there isonly one plausible interpretation for the data); or allowing particularly salient issues (for example,allegations of abuse) to overshadow other necessary issues.
The typical sections of the case study may be described as: observations, measurements andrecordings of behavior including self-reports and other-reports; and inferences drawn from theseobservations, which are rooted in research findings and clinical experience (Bromley, 1990; Dattilio,2006). As will be seen, these sections of the case study are consistent with the CCE.
CASE STUDY METHODOLOGY: TRANSLATING LEGAL CONCEPTS INTOPSYCHOLOGICAL CONCEPTS
THE “WELFARE AND BEST INTERESTS OF THE CHILD” CRITERION
An appropriate methodological framework for CCEs must fit the problem: What custody arrange-ments will support the “welfare and best interests of the child?” However, the “welfare and bestinterests of the child” criterion is a legal one. In this paper, the legal construct is interpreted as“meeting the developmental needs of the child,” which is a psychological construct. The conceptu-alisation of “meeting the developmental needs of the child” leads naturally to an assessment frame-work that includes (a) the child’s developmental status and emergent developmental needs, and (b) thecapacity of the caregiver/s to meet those needs. These parameters are suggested by other authors asbeing the core aspects of the child custody evaluation (e.g., Amundsen, Daya, & Gill, 2000; Bow &Quinnell, 2002; Emery, Otto, & O’Donohue, 2005; Jameson, Ehrenberg, & Hunter, 1997; Otto,Buffington-Vollum, & Edens, 2003).
THE COURT’S QUESTIONS
Stake (2003) nominates that a case study is usually organised around a small number of issues,which he described as being “complex, situated, problematic relationships.” Issues such as a child’sphysical disability or anxious temperament, a parent’s mental illness or antisocial behavior, and
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allegations of abuse provide foci within the conceptual framework of the CCE. The foci presented bythe court must be translated into constructs that are amenable to psychological exploration. Forexample, a directive such as, “. . . assess the parent’s personality and lifestyle, and how these mayimpact on the child’s best interests, both now and in the future” requires translation into constructsthat the evaluator has the skills to assess, and that have a direct impact on parenting capacity.“Personality” may be recast as several constructs such as interpersonal style, stress management, andwork habits, all of which can have a direct impact on parenting capacity. Likewise, “lifestyle” mayinclude measurable constructs such as drug and alcohol use, daily routines, or work and recreationschedules. The item “. . . assesses the child’s relationships with both parents and extended familymembers” may relate to attachment relationships between children and their caregivers, and thecaregiving or bonding relationships between parents and their children. Attachment and bonding arewell-understood psychological constructs that can be assessed to some extent in CCEs. The classicStrange Situation paradigm (Ainsworth, Blehar, Waters & Wall, 1978) is not feasible in CCEs becauseof the technical training and ethical demands involved, but the principles of attachment theory can beused to explore the child’s relationship with the parent. For example, Garber (2009) concludes thatevaluators can assess two fundamental aspects of the attachment relationship by observation andinterviewing: The child’s use of the parent for reassurance and support, and the parent’s sensitivity tothe child’s developmental needs. Alternatively, Arredondo and Edwards (2000) propose that a singledimension of reciprocal connectedness captures the bi-directional nature of the parent-child relation-ship more accurately than the classic categories of secure or insecure attachment.
CASE STUDY METHODOLOGY: TWO MAJOR METHODOLOGICAL COMPONENTS
The two primary processes involved in the case study are the collection of empirical data orevidence, and rational argument or reasoning, which imposes a pattern of meaning or interpretationon the evidence. The reader of a case study must be able to determine the relationship between theargument and the evidence (Bachor, 2002).
DATA COLLECTION
Hamel, Dufour, and Fortin (1993) note that a fundamental criticism of case studies is the lack ofrigour in the collection of empirical materials, especially the risk of confirmation bias. To counter thisbias, the case study benefits from the prior development of theoretical propositions to guide datacollection and analysis, and structure the many variables of interest (Martindale & Gould, 2007;Pickar, 2008; Yin, 2003). For example, the theoretical model depicted in Fig. 1 both guides and limitsdata collection.
Such a model is based on empirical findings about child development, and how parents can bestmaximise children’s strengths and support their vulnerabilities. The child’s developmental needsemerge from an assessment of the child’s developmental status, and the fit between those needs andthe parent’s capacity to meet them is assessed. Constrained by the model, the evaluator is not temptedto engage in matters that are not directly germane to the assessment. For example, parental mentalhealth or lifestyle is only relevant insofar as it relates to parenting capacity (with this particular child),and interparental conflict relates to the parent’s capacity to meet the child’s need for protection fromanxiety-provoking adult concerns, rather than being of interest in and of itself.
The reliability and validity of the information collected can be compromised by: The personalmotivations of the parties, their legal counsel, the children, and the collateral informants (Voss,Rothermund, & Brandtstadter, 2008), by the reconstructive mechanisms of memory (Burt, Kemp, &Conway, 2008), by the highly emotionally-charged nature of the situation (Brainerd, Stein, Silveira,Rohenkohl, & Reyna, 2008), and by the individual differences in different people’s perceptions of thesame situation. The risk of biases in data collection is often raised as a weakness of case study research
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(Stake, 2003; Yin, 2008). To counter these biases, data triangulation involves collecting data frommultiple informants, such as parents, teachers, medical personnel, friends, or agency workers. Trian-gulation also involves the use of multiple methods for data collection such as interviews, viewing ofarchival material such as medical files and video or audio tape recordings, direct observations, andpsychometric testing. If most kinds of evidence agree, one obtains triangulation.
Verbatim reporting of speech and records of actual behaviors (rather than inferences made from thebehaviors) helps to provide accurate data for later analysis. So, for example, the evaluator records,“The child picks up the doll and takes it to the mother. The mother smiles and strokes the child’s armas she watches the child dressing the doll.” This is preferable to “The mother responds warmly to thechild’s approach.” Also, it is only through the collection and analysis of a number of samples ofbehavior that a pattern emerges. In addition, the use of reliable and valid psychometric instrumentshelps to prevent the distortion of the data by the evaluator’s inherent biases, and the gathering ofreports from multiple sources serves to detect instances of bias by respondents.
Other strategies counter the methodological criticism of data bias. For example, time-samplingprovides a measure of behavior change over time. The immediacy and magnitude of the change speaksto the impact of events that are seen to precipitate that change, and the stability or instability ofbehavior over time informs predictions about future behavior. Continuous sampling (collectinginformation from a number of time points rather than simply once or “before and after”) also helps tostrengthen the inferences made about the data (Howard, 1993; Kazdin, 1981).
Figure 1 Theoretical “bottom-up” model of child custody evaluation.
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Semi-structured interviews are reported to have a higher level of reliability than unstructuredinterview formats (Cox, Rutter, & Holbrook, 1981; Hughes, Rintelmann, Mayes, Emslie, Pearson, &Rush, 2000). Semi-structured interviews (preferably using both questionnaire and interview formats)ensure that the same set of general questions are asked of each parent, and adaptations of thesequestions can be used to gather information from other informants. A semi-structured interview alsokeeps the evaluator close to the relevant issues, rather than being sidetracked by a personal agenda.Having some structure to the interview combats the respondents’ desires to state their views abouttopics that may be less relevant to the court, or their perseveration on a particular issue, beyond anextent that is informative. Many areas of information are required in a generic interview such as thechild’s functioning in a number of domains across time; the parents’ parenting style and parentingbehaviors, parental relationship pre- and post-separation, and the parent-child relationship over time.In addition, sections on topics such as drug and alcohol abuse or domestic violence can be added tothe generic protocol where necessary. Thus, the semi-structured interview allows for flexibility asdemanded by particular cases.
The conceptual framework also supports data interpretation, and the construction of that frame-work is a first step towards valid interpretation (Ghesquiere, Maes, & Vandenberghe, 2004).
DATA INTERPRETATION
The evaluator’s inferential reasoning is plagued by the judgmental and cognitive biases resultingfrom uncertain knowledge (Robb, 2006; Tversky & Kahneman, 1974). Heuristics (rules of thumb)simplify inferential processes, but they are biased, given that they are “mental short cuts” taken wheninformation in incomplete. For example, people tend to overestimate the frequency of an easilyrecalled event and underestimate the frequency of an ordinary or difficult to recall event; people tendto seek evidence that confirms their initial hypothesis about a situation; and they neglect the base ratesof events in favour of how closely the exemplar is representative of the prototype of the situation. Inaddition, the literature on decision making suggests that people develop hypotheses very early in theassessment process and frequently become overly attached to them, often failing to revise theirthinking about them in the light of fresh data (Dumont, 1993). While these cognitive strategies canresult in accurate judgements in relatively simple judgement situations, their casual and uninformeduse potentiates serious errors in psychological work, including the real risk of inaccurate conclusions,inappropriate intervention choices, stereotyping, and other prejudiced judgements.
Three kinds of inferences are drawn from the data collected in a CCE. The first is descriptiveinference, which involves making a statement about some recognisable pattern in the data. Forexample, the statement “the child has a secure attachment relationship with the parent” is an infer-ence based on a replicable pattern of the child’s behavior in different situations and across time. Ateacher might report that the child displays momentary distress when separated from the parent butcan be distracted with ease, and that the child greets the parent with smiles and immediate engage-ment on reunion; the parent might report that the child’s distress may be alleviated by verbalreassurances or physical contact; the evaluator may observe the child’s free exploration of anunfamiliar environment when the parent is present, but restricted range of exploration when theparent is absent; the evaluator may also observe the parent soothing the child effectively; and thechild himself may respond to a question such as “What does your mommy/daddy do when you aresad?” with “She/he gives me cuddles” or other indications of comforting or nurturing behavior.These data triangulate on the inference about the secure attachment relationship between the childand the parent.
In another example, the statement “the parent demonstrates an authoritarian parenting style” willbe based on a triangulation of data from different sources and situations. The parent might makestatements such as “I expect my child to always do as he is told” or “I have a zero-tolerance policy forback-chatting” and “I have very strict rules about watching TV;” the evaluator may observe the parentsend the child to timeout for a very minor behavioral infringement; a grandparent might report that the
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parent is “too strict;” the teacher reports that the child displays very anxious behaviors when he is evenmildly reprimanded; and the child might say, “my dad tells me off lots.” These data triangulate on theinference of an authoritarian parenting style.
The second kind of inference is explanatory inference, which involves answering the question“Why does the parent-child dyad demonstrate this particular pattern of behavior?” Explanatoryinferences typically appeal to causal mechanisms such as attachment representations, skill levels, orbelief systems. Thus, the descriptive inference “the child has a secure attachment relationship withthe parent” may be explained by an appeal to the child’s easy temperament plus the parent’ssensitive caregiving practices. The question “Why does the parent demonstrate an authoritarianparenting style?” may be answered by appealing to causal mechanisms such as: The parent’s beliefsabout parenting (e.g., “I’m afraid that my child will go off the rails if I’m not strict” or “childrentake advantage of you if you’re not strict”); the parent’s own experiences of being parented (e.g.,“my parents were very strict with me and I turned out OK”); the parent’s skill levels (e.g., theparent’s behavior management repertoire is limited); and the child’s intrapersonal characteristics(e.g., “The child’s impulsivity and sensation-seeking temperament require close supervision andfirm management”).
A common criticism of the case study method is that, because there are no controls to excludealternative explanations, alternative explanations cannot be ruled out (Kazdin, 1981; Stake, 2003;Yin,2008). In experimental science, one may control for unwanted or “nuisance” variables that mightcontribute to the outcome in order to ensure that the experimental manipulation is the causal agent.However, in the case study, many variables must be considered, and alternative explanations enter-tained, in the development of the conclusions drawn. For example, consider a case in which a childconsistently refuses to have contact with the non-resident parent. The child’s intrapersonal charac-teristics may be contributing to the refusal, because a child with an anxious temperament will easilybe put off by doing anything that makes him worry. The child’s lifestyle makes it difficult to managethe demands of school, extramural, and social activities when at the non-resident parent’s home. Hemay worry that his resident parent is very sad when he is away, and his anxiety may be aversive enoughto prevent him from visiting his non-resident parent. The child may have identified strongly with theresident parent’s negative view of the other parent, may be anxious about being interrogated by theresident parent about the other parent’s life, or feel pressured to align with the resident parent in orderto maintain that relationship.
The third kind of inference is predictive inference. Typically, predictions are made based on theresearch findings in the area. Using the descriptive and explanatory inferences made in the examplesdescribed earlier, the evaluator might say, “The child’s secure attachment relationship with the parentis a resilience factor, which will buffer him against the effects of the parental conflict in the future, andhelp to promote positive socio-emotional development.” Research literature must be cited to supportthis prediction. In the second example, the evaluator might say, “[t]he parent’s authoritarian parentingstyle may constitute a resilience factor for her parenting that might result in moderately goodacademic performance and relatively little problem behavior for the child in the short term, but canalso be a risk factor for poorer social skills, lower self-esteem, and higher levels of depression as thechild gets older.” Again, research findings that show the predictive relationship between authoritarianparenting and these outcomes must be cited.
In order for the court to arrive at a decision about the best course of action to take in a case, the CCEneeds to estimate the likelihood of achieving a desired outcome, and the costs and benefits ofimplementing that course of action. It is sometimes said that the best single predictor of futurebehavior is past behavior, that is, predictions based on historical baselines and trends. There are,however, other ways of making predictive judgements. For example, Bromley (1986) suggests takingeach proposed solution to a problem and listing the possible outcomes for the child under twoheadings, “positive” or “negative.” These advantages and disadvantages (or benefits and costs) shouldbe listed, where possible, in order of effect. The probability of the occurrence of each outcome can beexpressed in terms such as “likely” or “unlikely.” Thus, the evaluator might provide a number ofdifferent scenarios to cover the possible judgements that might be made by the court, and present the
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positive and negative outcomes for the child’s development that would accompany each decision. Forexample, the case may revolve around whether or not the child should have supervised or unsuper-vised contact with the mother. The report might lay out two scenarios: supervised contact and itsoutcomes, and unsupervised contact and its outcomes. In each scenario, the evaluator would makerecommendations about how the costs might be minimised and the benefits maximised.
APPLYING POPULATION-LEVEL RESEARCH TO THE INDIVIDUAL CASE
The evaluator draws on relevant literatures to support the inferences made. However, majordifficulties exist with applying population-level (nomothetic) research findings to individual (idio-graphic) cases, because there is a tension between the two (Barlow & Nock, 2009). While it mightseem intuitively plausible that findings at the population level apply to each individual subject in thepopulation, this application involves an unwarranted shift in level from interindividual variation tointraindividual variation (Cervone, 2005; Molenaar & Campbell, 2009). This is nicely demonstratedby the caricature of the man whose bare feet were in a bucket of ice while his head was stuck insidea hot oven. When asked how he felt, he replied, “On average, I feel fine” (Cooper, Heron, & Heward,1987).
However, a number of strategies are helpful when applying population-level research findings to anindividual case. The first is to critically understand the findings of research studies. For example, arobust finding is that parental conflict predicts behavioral problems in children (Sarrazin & Cyr,2007). However, reviewing the relative weight of parental conflict’s relationship to children’s out-comes reveals other variables that may have larger effects than parental conflict. Cheng, Dunn,O’Connor and Golding (2006) have found that maternal depression is a stronger predictor of chil-dren’s behavioral and emotional problems after separation than parental conflict; and Pruett, Ebling,and Insabella (2004) suggest that the parent-child relationship after divorce is a stronger predictor ofchildren’s problem behaviors than parental conflict. It is only when examining the interactionsbetween variables, and the moderating effects of some variables on others (for example, maternaldepression may be exaccerbated by parental conflict, and thus show up as the major factor inchildren’s difficulties), that it is possible to understand which are the most significant risk factors forchildren’s developmental outcomes. Moderating variables also alert the evaluator to intrapersonal andenvironmental factors that ameliorate or exacerbate risk.
A second strategy for applying population-level research findings to individual cases is to buildmodels of risk and resilience. Science uses different kinds of models to represent empirical phenom-ena and causal mechanisms (Haig, 2005). A schematic model provides a structure within which toorganise information, and even accord differential weightings to the information (e.g., Kelly &Johnston, 2001). One way of using research literature to inform report writing is to develop a modelof risk and resilience factors to organise the data (e.g., Jameson, Ehrenberg, & Hunter, 1997). Theaccumulation of risk factors has been associated with a linear increment in problem outcomes(Appleyard, Egeland, van Dulmen, & Sroufe, 2005). However, risk and resilience factors not only havemain effects on outcomes, but also moderating effects. Thus, resilience factors may reduce thenegative effect of cumulative risk factors. For example, a number of risk factors, including unem-ployment, poor physical or mental health, and low levels of social support, accumulate to negativelyinfluence non-resident paternal involvement with infants. The higher the cumulative index, thestronger the influence. However, the nature of the father’s relationship with the child’s birth mothermoderates the relationship between that risk index and the father’s involvement with the infant. If afather has a high risk index, a positive relationship with the child’s mother provides a moderatingeffect by reducing the overall risk (Fagan & Palkovitz, 2007).
There is a range of well-established risk and resilience factors that are associated with better orpoorer outcomes for children with separated parents, and these may be divided into intrapersonal,interpersonal, and situational factors. Table 1 provides examples.
Building a complex model of the various intrapersonal, interpersonal, and situational factors, andtheir relative impact on the family system, helps to strengthen the conclusions drawn in a case.
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CASE STUDY METHODOLOGY: EVALUATION OF THE CASE STUDY/CCE
EVALUATION OF THE CASE STUDY: CONTENT
One quality of good case studies is coherence. Coherence demands internal consistency (at least arecognition of inconsistencies and an attempt to explain them), relevance, and completeness. Dattilio(2006) suggests that coherence is achieved by focusing on a limited number of main points, givingarguments for and/or against a particular assertion, providing examples to illustrate a point, offeringbackground information to bolster the points being made, resolving apparent contradictions in anaccount, explaining omissions in the data, making evaluations of the validity or utility of theinformation presented, and showing the connections between the different aspects of a case. Bromley(1986) characterises coherence by referring to “a web, network or tissue of facts and relationships”(p. 226). Bromley also argues that the traditional image of an argument as a “chain of reasoning” (e.g.,Yin, 2003) is weak, because a chain-like sequence of argument can break apart if just one of itsstatements is false. However, a network of interconnected statements can withstand the failure of onepart without destroying the whole argument. Thus, a strong argument is one which puts its conclusionat the center of a large, strongly connected web of facts and relationships, which is firmly anchoredat its edges to solid evidence.
Another criterion used to judge theory-goodness in science is analogy. Explanations in science arejudged more credible if they are supported by analogy to theories that scientists already find credible.If, for example, the construct of insecure attachment has been helpful in explaining the data in asimilar case, its inclusion in the current evaluation might count in its favour (Martin & Hull, 2007).Experienced evaluators have a knowledge database of previous evaluations that may have similarcharacteristics to the present one, and the consistency of the present case with those exemplars addssupport to the inferences made. In addition, the appropriate use of peer supervision broadens the
CHILDDimensions of temperament Attachment relationships with caregivers Custody and access arrangementsIntelligence Sibling relationships School environmentBeliefs Relationships with extended family Club and community activitiesCoping strategies Peer relationships Counselling servicesPhysical abilities Relationships with teachers or coaches NeighbourhoodAgeDevelopmental stageLearning problemsMental health
ADULTParenting style Bonding with the child Support services availableParenting practices Co-parenting relationship Employment and financial statusSome aspects of mental health Personal supports Custody and access arrangementsSome aspects of personality Relationships with service providers Counselling servicesCoping strategies Relationships with child’s teachers Employment opportunitiesPhysical health Work relationshipsIntelligenceInterests and hobbiesKnowledge of child developmentTemperamentFinancial resources
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knowledge database of cases with which to compare, as well as generating alternative hypotheses(Stake, 1995).
Finally, the suggestion that this work make explicit its methodology could result in reportsincluding methodological information such as, “The attachment relationship between a child andcaregiver is characterized by two constructs: safe haven and secure base” (Bretherton, 1985; Collins& Feeney, 2000). The report could then provide explanations of these constructs and how theconstructs were assessed in the evaluation. The value of including such a methodological descriptionis that the reader is able to make the links between the conclusions drawn in the report, the evidenceprovided to justify those conclusions, and the reasoning process used to move from the evidence to theconclusions.
EVALUATION OF THE CASE STUDY: OUTCOME
In addition to having criteria for evaluating the content of the case study, there is a need foroutcome studies to evaluate the effectiveness of specialist reports in reducing conflict between parentsand providing useful opinions to the court (Kelly & Ramsey, 2009). In this regard, Austin (2009) hasproposed a research programme for this work, and adopting the proposed criteria for evaluating theCCE would be an important first step in the evaluation process.
SUMMARY AND CONCLUSIONS
This paper argues for case study methodology as an appropriate methodological framework forCCEs because CCEs require a conceptual methodological framework that can integrate and advanceexisting methods and strengthen their scientific status. Case study methodology provides this frame-work by meeting the goals of the CCE while having much in common with judicial inquiry. First,the case study is an investigation of a real world phenomenon with all of its complexities anduncertainties, and its essential components of evidence and reasoning. Second, legal constructs can beoperationalised in terms of psychological constructs amenable to assessment. Third, the two majormethodological components of the case study, data collection and data interpretation, are consistentwith the tasks of the CCE. Fourth, this paper presents a model to constrain the data collection process,and a risk and resilience model to apply population-level research to individual cases. Finally, threedesiderata are considered for the evaluation of the case study, namely, coherence, analogy, and anexplicit methodology.
More needs to be done on the development of standardised protocols for interviewing, observation,and psychometric measurement in the field of CCE. These protocols will help to coordinate assess-ment in domains that affect child development and parenting capacity, promoting the relevance,reliability, and validity of the opinions presented to the court. However, CCEs must be evaluated interms of their effectiveness in reducing the damaging conflict inherent in disputed child care cases.Without feedback from evaluation studies about what methods produce the most valid and helpfulCCEs, the development of this methodology will falter. There is too much at stake to allow the workto continue without rigorous development of the methods employed by child custody evaluators.
NOTES
1. The author would like to thank Professor Brian Haig for his invaluable input in the preparation of this paper.2. Available on the American Psychological Association website http://www.apapracticecentral.org/news/guidelines.pdf.3. Available on the AFCC website http://www.afccnet.org/pdfs/Model%20Stds%20Child%20Custody%20Eval%20
Sept%202006.pdf.
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Dr Vertue is a clinical psychologist with a half-time appointment as a lecturer at the University of Canterbury where sheteaches Child and Adolescent Development, Family Psychology, and Couples and Family Therapy. The remainder of hertime is spent in a private clinical practice where she sees children, adolescents, couples, and families for a range ofdifficulties. She also writes child custody evaluations for the Family Court. Dr Vertue’s research interests are related tochild development, separation and divorce, and methodological issues.
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