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
  
• Retaining attorney or firm owns record***
  

• 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

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
• Retaining attorney or firm owns record***
  

• 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

• 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
• Retaining attorney or firm owns record***
  

• Can NOT interact with litigant in order to preserve impartiality
• Does NOT review case-specific materials
  
• MUST BE funded by retaining attorney or firm (NOT 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

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
• Retaining attorney or firm owns record***
  

• Can NOT interact with litigant in order to preserve impartiality
• MUST BE funded by retaining attorney or firm (NOT 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

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
• Retaining attorney or firm owns record***
  

• 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

Forensic family system evaluation (FSE)*

(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
• Record available for review under specific conditions
  

• 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
  

• Can be elective or court-ordered. This distinction bears on who determines what is evaluated and who receives the resulting report. (See graphic at left).
  
• Interviews and/or observations and/or psychometric (tests) qualify individual social, emotional strengths and weaknesses.
• Record review
• Third party references
• May include "parenting capacity" measures.
• May generate individual mental health (DSM/ICD) diagnoses.
• In some instances, parallel individual evaluations of each of two parents may be possible.
  

• Does NOT directly assess parent-child or co-parent relationships.
• Cannot generate relationship recommendations (e.g., custody)
• May suggest likelihood of future acts but cannot predict the future.

Dr. Garber generally discourages
individual adult evaluation
and diagnosis
in the context of
family law proceedings as inefficient uses of time and dollars.

Read more
here