Custody experts who have been terminated for cause would be barred from appearing as experts in custody and family court visitation cases, under legislation proposed by Senator Peter Harckham this week.
The proposal comes after a commission last year laid down the state’s approach to so-called forensic custody assessments and amid heightened concerns over whether the child’s interests and safety are being protected.
The blue ribbon custody panel, which found that there is no single approach to who might serve as a forensic custody assessor or how assessors should behave.
“We must do everything we can to protect our families and children, especially in custody cases that impact their lives in both the short and long term,” Harckham said. “My legislation will ensure that forensic experts maintain a high level of professionalism and trustworthiness when advocating for the best in custody cases.”
Twenty children in upstate New York have been murdered by a parent in the past five years while going through a divorce, custody trial or separation.
Harckham’s legislation is intended to address cases where a forensic custody assessor is brought in as an expert witness in custody and visitation cases and has been removed from a previous position or has had his or her license revoked.
The proposal has the backing of domestic violence advocates in the state, who called it necessary protections for families.
“Family court cases focus on issues of utmost importance to New York’s families — those affecting the safety and well-being of children,” said Joan Gerhardt, director of public policy and advocacy for the New York State Coalition Against Domestic Violence. “In this framework, forensic custody experts play a critical role in describing the needs of the family to the court. Clearly, if someone has been terminated from custody for cause, that person should no longer be able to testify in court and the report they produce should not be relied upon.”
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