A Review of Research Relevant to Custody and Access Disputes

Abstract

With the high rate of marriage breakdown, increasing numbers of children are becoming the subjects of custody and access disputes. The Courts are looking to the services of psychiatrists in these matters. They value our expert opinion on the least detrimental available alternative for the child. This paper reviews available research data which are relevant to psychiatric testimony on the determination of exclusive custody, joint custody and access. It is concluded that there is emerging an objective body of data which can buttress psychiatric opinion in these matters, but that a number of the principles which have guided the Courts to date, have not been thoroughly researched.

Family Lifestyles: Legal and Psychological Considerations in Determining Post‐separation Parenting Arrangements for Children

“…On the other hand, there is some psychological reason on maternal deprivation, that adults other than the mother, can offer a satisfying relationship with a child, and that the absence of one parent does not necessarily have adverse consequences (Rutter, 1981). Others have observed that there are no studies examining whether infants or toddlers do better if in the custody of a mother than of a father, and that increasingly, courts are open to either parent's being awarded custody, provided he, or she, can indicate the ability to offer a nurturant and developmentally facilitating environment (Waters and Dimock, 1983).…”

“…One study of 92 children failed to demonstrate that sex mismatch had an adverse effect on the adjustment of the children (Rosen, 1979). While an opposite-sexed custodial parent may have more problems initially being an effective parent, such difficulties usually diminish over time as the parent adjusts to the separation and regains confidence (Waters and Dimock, 1983).…”

The Importance of Sibling Relationships in Separated Families

“…However, careful studies indicate that it is not the loss of a parent which is the noxious agent, but rather, the children having been reared in a climate of continual conflict between their parents before and after the separation (Rutter, 1971). Furthermore, the more acrimonious and violent this conflict, the more adverse is the effect on the psychological adjustment of the children (Waters and Dimock, 1983). Rutter, for example, has shown that the prevalence of conduct disorders in children correlates closely with marital discord, and that the prevalence drops if the parental separation is followed by harmonious adult relationships in the new home in which the children live (Rutter, 1971).…”

Split Custody as a Viable Post-Divorce Option

“…Predictably, split custody further disrupts already disrupted families (Waters & Dimock, 1983) and impedes the development of sibling bonds which generally requires a high level of physical and emotional access between siblings (Bank & Khan, 1982;Hegar, 1988).…”