BDG

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                                here to email Dr. Garber


603.314.8841 voip
603.386.6083 eFax

PO Box 101
Hollis, NH 03049


How does Dr. Garber
contribute to
divorce and child custody litigation?

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About BDG
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                                        hoc consultant
non-testifying expert
Expert Witness
Family System Evaluation
Work Product Review
Publications
peer conultation
Upcoming training
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                                        Dr. Garber's cv


Dr. Garber works with families and courts to better understand and serve the needs of children.

Dr. Garber no longer provides
direct clinical ("therapy") services.

Dr. Garber can only serve in one role
in each family law matter.
Understanding these various roles,
their respective scope and limitations,
is necessary in order to determine
how to proceed.



Please contact Dr. Garber via email in order to create a written record.

email Dr. Garber

Dr. Garber will need the case caption
(e.g., Smith v. Jones NH 999-DM-999)
in order to run a conflict check.

Please DO NOT otherwise share
case-specific information in your initial contact.




Role/Title Scope
includes:
Scope
limits or prohibits:
Sample
Service Agreement


ad hoc
non-testifying
psychological
consultant


(employed by
attorney or firm)


  • Retained by counsel for a specific period to be available to consult on all cases
  • Impartial, child-centered regardless of who employs
  • Review case documents
  • Interview litigant(s)
  • Research relevant literature, ethics, guidelines, standards
  • Help prepare direct and cross-examination
  • Debrief and strategize following critical events
  • Mandated reporter

  • NO disclosure to opposing counsel
  • Does NOT collect new data
  • Does NOT depose, testify, or prepare a report
  • Does NOT coach litigant in advance of evaluation, deposition, or testimony
  • Retains child-centered bias = is NOT a "hired gun"
  • Can NOT take on any other case that involves retaining attorney for duration of term
  • Can NOT provide any other service to any party to this matter during or after litigation







See sample service
                                            agreement 2024
This sample service agreement is for illustration only. The terms of your agreement with Dr. Garber will differ.
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Role/Title Scope
includes:
Scope
limits or prohibits:
Sample
Service Agreement



Non-testifying
case-specific
psychological consultant


(employed by
attorney or firm)


  • Retained by counsel for a specific case
  • Impartial, child-centered regardless of who employs
  • Review case documents
  • Interview litigant(s)
  • Research relevant literature, ethics, guidelines, standards
  • Help prepare direct and cross-examination
  • Debrief and strategize following critical events
  • Mandated reporter



  • NO disclosure to opposing counsel
  • Does NOT collect new data
  • Does NOT depose, testify, or prepare a report
  • Does NOT coach litigant in advance of evaluation, deposition, or testimony
  • Retains child-centered bias = is NOT a "hired gun"
  • Can NOT provide any other service to any party to this matter during or after litigation




see sample service
                                            agreement
This sample service agreement is for illustration only. The terms of your agreement with Dr. Garber will differ.

Back to Top
Role/Title Scope
includes:
Scope
limits or prohibits:
Sample
Service Agreement



Testifying
DIDACTIC
expert
**

(employed by
attorney or firm)











  • Retained by counsel for a specific case
  • All communications with counsel
  • Funding from counsel
  • Impartial, child-centered regardless of who employs
  • Opine regarding the generic science, ethics, guidelines, standards and best practice
  • Prepare a report, be deposed and/or testify
  • Respond to hypotheticals that may allow counsel to tie the science to the case at bar
  • Mandated reporter


  • Can NOT interact with litigant in order to preserve impartiality
  • Does NOT review case-specific materials
  • Prefer NOT funded by litigant to preserve privilege
  • Can NOT provide any other service to any party to this matter during or after litigation
  • Can NOT provide any other service to any party to this matter during or after litigation








Didactic testifying
                                            expert service agreement
This sample service agreement is for illustration only. The terms of your agreement with Dr. Garber will differ.
Back to Top
Role/Title Scope
includes:
Scope
limits or prohibits:
Sample
Service Agreement



Testifying
expert
psychological
witness
**


(employed by
attorney or firm)


  • Retained by counsel for a specific case
  • All communications with counsel
  • Funding from counsel
  • Impartial, child-centered regardless of who employs
  • Review case-specific materials in order to infer a fact pattern
  • Opine about that fact pattern
  • Research relevant literature, ethics, guideline and standards
  • Prepare a report, be deposed and/or testify
  • Mandated reporter

  • Can NOT interact with litigant in order to preserve impartiality
  • Prefer NOT funded by litigant to preserve privilege
  • Can NOT provide any other service to any party to this matter during or after litigation
  • Can NOT help counsel prepare direct and cross
  • Can NOT provide any other service to any party to this matter during or after litigation





See generic service
                                            agreement
This sample service agreement is for illustration only. The terms of your agreement with Dr. Garber will differ.

Back to Top
Role/Title Scope
includes:
Scope
limits or prohibits:
Sample
Service Agreement


Professional work product review**

(employed by
attorney or firm)


  • Retained by counsel for a specific case
  • All communications with counsel
  • Funding from counsel
  • Impartial, child-centered regardless of who employs
  • Review mental health professional's or Guardian ad litem report and/or file
  • Can ONLY opine about the quality of another professional's work product
  • Research and apply relevant literature, ethics, guidelines, standards
  • Help prepare direct and cross-examination
  • Mandated reporter

  • Can NOT interact with litigant in order to preserve impartiality
  • Can NOT collect new data
  • Can NOT opine about the case at bar
  • Prefer NOT funded by litigant to preserve privilege
  • Can NOT provide any other service to any party to this matter during or after litigation







Email Dr. Garber
to learn more.

Back to Top
Role/Title Scope
includes:
Scope
limits or prohibits:
Sample
Service Agreement



Forensic family system evaluation*

(also known as "child custody evaluation" or "parenting plan evaluation"; appointed by court; employed by parties)






  • Requires court order
  • Court must stipulate questions to be addressed by evaluation
  • Court must stipulate if and how funding is divided between parties
  • Review case documents
  • Interview and/or observe and/or administer tests to evaluate all parties
  • May include home visits, drug and alcohol testing
  • Research relevant literature, ethics, guidelines, standards
  • Provide the Court with a summary report including recommendations at the Court's request
  • Mandated reporter


  • Can NOT offer non-emergency recommendations during the pendency of the evaluation
  • Will NOT engage in  non-emergency ex parte communications with counsel
  • Can NOT provide any other service to any party to this matter during or after litigation
  • Can NOT address non-emergency matters unless specified by Court order
  • Will NOT generate individual psychological diagnoses








See generic service
                                            agreement
This sample service agreement is for illustration only. The terms of your agreement with Dr. Garber will differ.


Regarding initial contact:
Communications via email are strongly preferred.
* Initial contact should be direct from the court, from the Guardian ad litem, or from both lawyers simultaneously (e.g., one email copy to all).

** The attorney initiating contact must NOT share his/her/their theory of the case. Initial contact is to determine Dr. Garber's qualifications and availability. Please clarify the questions before the court. Once Dr. Garber has reviewed preliminary data, a more in-depth conversation may be possible. Dr. Garber makes every effort to maintain impartiality.

FLC
The information contained in and linked from this website is generic. It must not be construed as constituting legal, psychological, educational, or medical advice. Decisions relevant to any specific individual, relationship, or family should be based on the considered opinions of professionals familiar with the unique culture, resources, strengths, and needs of those affected.

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(c) 2025 Benjamin D. Garber, Ph.D. All rights reserved.