Assessment and psycho-forensic intervention in custody cases: critical considerations and proposal for a good parenting

The paper offers some critical considerations about the forensic psychologist figure operating in custody cases. The arguments lie within the mild law frame, that is, neither a prescriptive nor a proscriptive law, but a legal perspective oriented toward desirable actions (Lenti, Pazé & Zagrebelsky, 2015; Puddu & Raffagnino, 2015). According to the authors, technical consultation in custody cases should not be limited to the evaluation process, as is also the case when the question of the judge requires only assessment of the actual family situation and parenting skills. Referring to the literature and clinical forensic praxis, the authors argue the importance of implementing a "psycho-forensic intervention" to support parenting and to steer the parents toward proper clinical or psychoeducational interventions (Lavadera, Laghi & Malagodi Togliatti, 2011; Macrì, Macrì, & Zoli, 2012). In particular, the authors suggest some working steps of a dynamic process, methods and techniques to promote awareness, accountability and cooperation skills of the parental couple (co-parenting) (McHale, 1997) to help them to meet the growth, health and well-being needs of their children (Puddu & Raffagnino, 2015). For instance, regarding methodological approach, the psychologist should consider the context of the expert psychological examination as a co-constructive psycho-educative process with short, medium and long-term effects. Besides, the first of the working steps is to facilitate the active motivation of the persons to collaborate and not to have the defensive attitude common arising in the legal context. In conclusion, this work aims to contribute to the current debate about the relationship between law and psychology, the psychologist’s role in the forensic field and the education of the forensic psychologist.