Forensic Child, Adolescent and Adult Psychiatry

Texas Returns FLDS Children

Long overdue, the state of Texas has finally been ordered to return the children back to the custody of their parents. The original trial judge ordered that today. It's about time. This entire matter, unfortunately, has shown the child protective system in its worst possible light. Grab kids and talk later is often their M.O. I hasten to say this is not standard operating procedure, and we need these folks to help protect our children at risk. Nevertheless, this case will be studied in law schools and by mental health professionals for a long time to come. You may not like children to grow up in a "cult." You may not approve of the mothers wearing the same style dress and the same hair style. You may have have "problems" understanding the tenets of the Mormon Church. However, absent evidence of child abuse or neglect, the state had no authority here. Parents have a right to raise their children as they see fit. Child protective workers need more than they had here to remove all these children.

Christie Brinkley Custody Trial Over

This week I testified in the Brinkley-Cook custody trial as the court-appointed evaluator. Months ago I evaluated the family and made recommendations for custody and visitation. The trial, as you may know, received a great deal of press because of the “high profile” of the litigants. Ms. Brinkley, of course, is a world-class super-model. Her husband, Peter Cook, is a very successful architect. The press has detailed the issues and they will not be discussed in this post. The important aspect of the case is that while one of the parties engaged in some “inappropriate” behavior that led to the end of the marriage, that in and of itself did not preclude plenty of parenting time. Losing custody of one's children is not equivalent to losing parental rights. In the midst of the trial, presided over by a superb judge, the parties reached an agreement. Ms. Brinkley will have full custody, while Mr. Cook will have ample time with their two children.

It was quite an experience for me! There was press everywhere, snapping pictures and rolling video cameras. The courtroom was “open,” filled with reporters. There was even a cartoon in the New York Post - a tabloid newspaper if there ever was one.

When dealing with prominent people in a custody dispute, it is important to act in the same professional capacity as one does in every “normal” case. Some mental health professionals forget this and get caught up in the glare of being with celebrities. I believe I did a good job in keeping my head on straight. As I was court-appointed, I had the advantage of doing an impartial evaluation with no pre-conceived notions. And, by the way, that's the only way a custody study should be conducted. One-sided evaluations have no place in court. They are given little weight, and rightly so.

More on the Christie Brinkley Trial

As the court appointed psychiatrist, I had a lot of preparing to do before my testimony. I am gratified that the case settled the day after - with the couple and their attorneys staying up all night! At least the kids can now begin a process of healing. There were many stories in papers across the country and even overseas. Naturally, the media distort things to sensationalize a story. But if you'd like to read a reasonably fair report of my testimony, go to this site for Newsday, a Long Island newspaper:

Trial Testimony Reported by Newsday  

More on Child Trauma

In the 1980s, allegations of sexual abuse appeared throughout the country. These included as alleged victims: small children, members of cults and satanic worshippers,older children who had uncovered a memory (supposedly), former altar boys accusing priests of having molested them, nursery school children, kids riding buses, and on and on.

Now, don't get me wrong. Sexual abuse is a very real and serious offense. It occurs in families across all socioeconomic strata and throughout the world. However, I want to focus on bogus claims, because they have caused much damage to families - including the child who is the putative victim.

To begin this series of posts, check out an introduction to sexual abuse provided by the American Psychological Association. Later, I'll write about some of my experiences over the years evaluating these cases:
                                                       Sexual Abuse

Forensic psychiatry

It's time to get back to this blog. A couple of nice comments have led me to try to be more diligent. What sort of topics would you like me to cover? Think of the interface of psychiatry and the law: evaluations of criminal behavior, the insanity defense, child custody, child abuse, foster care, posttraumatic stress disorder in litigation . . . The list goes on and on.

This is my blog - but it's also yours. Let me know what you'd like to read.

Brazil and Parental Kidnapping - The Hague Convention

This is unbelievable: you probably heard about the little boy from New Jersey who was kidnapped by his mother to Brazil several years ago. She was supposedly only going on a vacation, but she did not return. Then, to compound the tragedy, she subsequently died in childbirth. The child now lives with his stepfather, who will not give him back to the real father, in the United States. A lower court in Bolivia said the child must be returned, but this was vacated by an appellate court. So, the child remains in Bolivia!

International kidnapping was addressed by what is called the Hague Convention, because it was promulgated in the Netherlands. All member countries must hasten the return of children who are kidnapped to a signatory country. The United States ratified this Treaty in 1988.

Brazil signed on to the Hague Convention - but you wouldn't know it by this sad case.

Brazilian Kidnapping - Continued

Now, as if the torture has not been enough, Mr. Goldman, the child's father, has been invited to come down to Brazil for Christmas to be with "the family." It gets curiouser and curiouser. What a travesty of justice!

Brazil Kidnapping - Justice Prevails

It looks as if Brazil will finally return 9-year-old Sean Goldman to his father. The chief judge of the country made his decision. A nice Holiday present. There is a chance that the stepfather will still try to file an objection, but it is doubtful that will go anywhere.

Here is an example of the Hague Convention doing what it is supposed to do.

Other posts will discuss parental kidnapping in general. Did you know that several hundred thousand children are kidnapped by a parent or other family member every year?

Same-Sex Unions and Marriages and Custody Battles

It's not surprising that as more gay and lesbian couples marry or enter into civil unions, there will be divorces and child custody battles. In Vermont, a judge has ordered that the former lesbian partner of a woman who had their biological child be given full custody. In other words, the judge gave custody to the non-biological mother. The couple were joined in a civil union in Vermont in 2000. They broke up in 2003. The biological mother reportedly renounced her homosexuality and moved to Virginia with her daughter. A Vermont judge gave custody to the mother's former partner, saying that the biological mother failed to allow her access to the child. The natural mother was to turn the child over to the former partner on New Years Day. She did not do it, as ordered, and now will probably be held in contempt of court.

There have been a number of such custody and visitation disputes in the last few years. They usually involve the biological mother preventing the former partner from seeing the child. The way a partner can be in a better legal position to see her child would be to adopt the child, when he or she is born. That way, the non-biological mother can have the same rights as the natural mother. However, not every state will allow such adoption.

I have been involved in several such cases. In all of the situations, the child developed a deep emotional bond with both parents. These are often heartbreaking cases, as any custody matter must be. The forensic child psychiatrist can evaluate the motivations of each parent as well as the child's attachment to each one. A report is then rendered to the judge, who will make the final decision.