Assessing attachment for family court decision making
Abstract
Purpose
Attachment has long been considered relevant to child care proceedings. However, compared to other forms of evidence, it has been limited by the lack of consistent methods of assessment, training of experts, and empirical evidence. To reduce these limitations, The International Association for the Study of Attachment (IASA) has developed a Family Attachment Court Protocol for assessment and formulation of attachment issues. The purpose of the Protocol is to act as a guide to good practice and to begin a process of improving the application of attachment to family court proceedings.
Design/methodology/approach
The Dynamic-Maturational Model of Attachment and Adaptation (DMM) and its associated assessments were adapted for forensic use. The resulting Family Attachment Court Protocol was trialed in cases before 15 judges in five countries and modified based on feedback.
Findings
The judges and most of the professionals working for the court expressed approval of the new Protocol.
Research limitations/implications
Implementation of the Protocol will require additional authorised experts.
Practical implications
The primary practical implication is that the courts will receive verifiable evidence on attachment can be tested and, thus, validated or disproven.
Social implications
If accepted, the IASA Protocol will reduce the idiosyncratic nature of child care proceedings and increase the rigour of professional qualification to address attachment.
Originality/value
The IASA Protocol is new and valuable because its theoretical underpinnings in the DMM are based on both clinical and also neurological evidence about protection from danger, and it can replace untestable expert opinion about attachment with evidence-based assessment and transparent formulation of recommendations.
Keywords
Acknowledgements
The authors appreciate the assistance of Attorney Thomas Spencer and Retired Judge Peter de Mille regarding legal issues in the USA and UK, respectively. The authors also want to thank the other members of the IASA Family Court Protocol Committee (Australia: Mark Allerton; Italy: Giuliana Florit; Northern Ireland: Stewart Whyte; Norway: Bente Nilsen; Scotland: Graeme Rizza; Switzerland: Michael Watson; UK: Jayne Allam, Louise Atkin, Julet Butler, Rebecca Carr-Hopkins, Victoria Lidchi, Angela de Mille, Shirley Gracias; Canada: Tammy Fraser) for their hard work in developing and trialing the Protocol.
Citation
McKinsey Crittenden, P., Farnfield, S., Landini, A. and Grey, B. (2013), "Assessing attachment for family court decision making", The Journal of Forensic Practice, Vol. 15 No. 4, pp. 237-248. https://doi.org/10.1108/JFP-08-2012-0002
Publisher
:Emerald Group Publishing Limited
Copyright © 2013, Emerald Group Publishing Limited