The purpose of the expert psychologist, as a procedural action, based Court rulings, is the provision of information on the psychological components of the conflict situation, necessary for a comprehensive review of the dispute on determining the child’s place of residence, the procedure for communicating with his parents, depriving or restricting parental rights, canceling custody of a child, and canceling adoption. An expert psychologist is invited to study the individual psychological characteristics of the child, the features of his relationship with parents, other family members and the social environment, the characteristics of the parental position, and the study of the content of the conflict between parents, parents and grandparents. The end result of the study is to obtain information to assess the risks that may develop under various circumstances and conditions of a child’s life.
The object of forensic psychological examination is a healthy psyche of personality.
The subject of forensic psychological examination is the establishment of the influence of the characteristics of the mental state of a person on a person’s behavior at the moment of interest to the court.
Given the external similarity of the algorithm and the issues at hand, the work of a forensic psychologist (procedural form) has a number of significant differences from the work of a specialist performing a customer request (non-procedural form).
Stands out distinction of status and activity regulations by parameters: initiator of the study, subject of execution, responsibility, rights and obligations, timelines, psychologist’s opinion and activities beyond the scope of the survey. Common life situations in which parents initiate the establishment of a communication order, determination of the child’s place of residence, as well as the appointment and preservation of guardianship are highlighted. The analysis allows us to ascertain the presence of direct and hidden motives of the parties to disputes that affect the prognostic expert assessment of the risks of raising and developing a child.
In civil proceedings, a certain place is occupied by processes related to the protection of the non-property rights of children and parents. If the persons participating in the trial (judge, specialist of the guardianship department, who is necessarily involved) do not have sufficient knowledge to analyze the available information, they have the right to attract an expert psychologist. It is a matter of conducting a forensic psychological examination in order to provide the court with information on the psychological components of the conflict situation necessary for a comprehensive review of the dispute. The content of these disputes are:
• determination of the child’s place of residence (for example, with whom of the parents the child will live after the divorce or with whom to leave the child in a difficult situation - with the parent or grandparent);
• determination of the order of communication of the child with parents (in case of resistance of one of the parents, infringement of the other in his rights to raise and take care of the child, deliberate concealment of the actual place of residence of the child from the other parent);
• deprivation of parental rights, restriction of parental rights;
• abolition of custody of a child, abolition of adoption.
The purpose of this expert activity - obtaining information to assess the risks that may develop under various circumstances and conditions in a child’s life.
It should be noted that the disputes listed above may be in one way or another not only of the judicial authorities, but also of the department of guardianship and guardianship of minors. In the first case, we are talking about the procedural form of resolving the dispute, in the second - about the non-procedural, pre-trial. Psychologists can be involved in both cases, but the status and regulation of their activities in these cases has important differences.
For consideration by a psychologist, questions may be raised:
• the individual psychological characteristics of the child, especially his emotional state, the presence and nature of anxiety, etc .;
• features of the parental position;
• features of parent-child relationships: the relationship of each parent to the child, the attitude of the child to parents as a pair, to each separately;
• the child’s relationship with other family members and the social environment;
• content of the conflict between parents.
A prognostic assessment is important for both the judge and the specialist of the guardianship department, as it provides the basis for a decision that will be optimal over time. Based on many years of experience analyzing the risks of living or meeting a child with a specific parent, the most common situations can be identified and systematized.
Establishing communication order initiated in cases when:
• ex-spouses have unfinished relationships, they conflict, thereby maintaining contact. A lawsuit or an appeal to the guardianship department regarding a child is one of the ways to maintain relations, manipulate the former spouse, keep him close to you (in the center of the conflict - marital relations);
• there is an acute conflict, rejection of the identity of the former spouse, inability to communicate constructively, to resolve issues related to the upbringing and education of the child together. In order to reduce the need to see, discuss, negotiate, parents establish the procedure for communication with the child (in the center of the conflict - marital relations);
• both parents are attached to the child, express a desire to communicate with him, take care of him, but after a divorce they cannot build a new system of contacts, adapt to a new life situation (in the center of the conflict is the parents' attachment to a common child);
• a desire to limit and regulate spontaneity, spontaneity of contacts of a separately living parent with a child, which negatively affects his emotional development, condition (in the center of the conflict is concern for the condition of the child);
• the desire to remove obstacles to communication with the child posed by the other parent;
Determining a child’s place of residence becomes relevant when:
• the child began to live after the divorce (or even before the divorce) with one parent without the consent of the other parent;
• parents after a divorce are in a situation of conflict and dispute over the child, everyone wants the child to live with him, believes that he can better take care of him;
• the situation is a consequence of the claims of the other parent for child support, the resistance of the other or his opposite desire to receive child support;
• there are objective and subjective complaints about the negative impact on the child from the other parent.
• the absence of any contact with a separately living parent, his participation in raising a child and financial assistance;
• there are conflicting or broken contacts between parents, there are obstacles to organizing events in the joint life of the child and the parent with whom he lives, for example, taking the child abroad (if the other parent does not give such permission);
• there are conflicting relations between parents, high dissatisfaction with marriage, desire to “cross out” the former spouse from life, start a new life without him, without regard to his rights;
• perception of the biological parent as an obstacle in organizing the life of the new family of the parent with whom the child lives (for example, the mother wants the child to have only one father - her current husband, so that the biological father does not interfere with building a relationship between the new husband and her child from the first marriage).
In connection with the appointment of guardianship, the abolition of guardianship, disputes occur between the parent and grandparent. For instance:
• grandparents do not trust their child, that is, the parent of the grandson, care and upbringing. This is due to their own disappointment with their child and the desire to justify themselves, to affirm that they are successful parents. Ancestors want to get closer to their grandson, because they have not developed a close relationship with the child;
• due to certain life circumstances, ancestors are appointed guardians and raise a grandson for a long time. After normalizing the parental position (improving health, socialization), the parent wants to live with the child and engage in upbringing, but the ancestors prevent this for far from always objective reasons.
Often, the desire to take care of a grandson is a determining component of lifestyle, a value that makes life filled with meaningful meaning. Then the ancestors set up the child against the parent, accustom to themselves, overly guardianship.
In some cases, parents seek help for their children, but not for their children.
Their hidden motives may be different, but they often come down:
• to the section of jointly acquired in the process of family life (tangible property and children);
• unfinished relations with the former spouse, the desire to maintain contacts, even in the form of an appeal to the department of custody or litigation;
• unsatisfactory marriage relationships, offense, Consequently, desire to humiliate, inflict moral pain on another parent, and "win" yourself, having received satisfaction from the humiliation of another;
• justification of oneself, one’s life position, actions;
• the desire to return the departed spouse, to influence him with the help of a lawsuit or through the exhortations of specialists of the guardianship authority.
Highlighting typical situations allows us to understand how they will develop, how it will affect the child.
And so, returning to the topic of significant differences in the work of the psychologist in the framework of the procedural and non-procedural formats. Externally, the examination and research (issues to be resolved, the research algorithm) is very similar.
The work plan of the psychologist - expert- / -specialist- :
1. Receipt of a written request (for an expert, civil case materials are sent to the organization / for a specialist, documents are transmitted by the customer upon conclusion of the relevant contract).
2. Invitation of the parties (by phone or mail).
3. Diagnostic conversations separately with each adult client.
4. Diagnosis of the child.
5. Collection of additional information (familiarization with the content of civil affairs - for an expert, under a personal signature in accordance with Article 307 of the Criminal Code of the Russian Federation).
6. Analysis of the collected data, the formulation of answers and drawing up a conclusion.
7. Transfer of the opinion to the authority from which the request was made (expert - to the court; specialist - to the customer).
The key difference is that forensic psychological examination (EIT) is a procedural activity in order to establish the circumstances to be proved in a particular case.
Expert activity is strictly regulated by the Civil Procedure Code (Code of Civil Procedure of the Russian Federation) and Federal Law No. 73 dated 05.31.01 “On State Forensic Expertise in the Russian Federation” (Federal Law No. 73).
The basis for the production of EIT is a judicial determination. This is indicated in Art. 79 Code of Civil Procedure "Appointment of Expertise" and Art. 80 GIC "The content of the court ruling on the appointment of the examination."
According to Art. 41 Federal Law No. 73 “In accordance with the norms of the procedural legislation of the Russian Federation, forensic examination may be carried out outside state forensic institutions by persons who have special knowledge in the field of science, technology, art or craft, but who are not state forensic experts,” that is, an examination can be entrusted to any psychologist with the appropriate qualifications.
An expert may be summoned to the court for personal participation in the hearing for questioning, during which he must answer questions related to the study and his opinion. This duty of the expert may not be realized if the content of the conclusion is sufficient to further resolve the contentious issue on the merits.
According to Art. 17 Federal Law No. 73, an expert may “make statements to be entered in the protocol of investigative actions or court hearings regarding the incorrect interpretation by the participants of the process of his conclusion or testimony”.
Expert psychological activity requires a specialist to have the appropriate qualifications, experience, knowledge of ethical principles and the limits of competence. A prognostic assessment of the possible risks of the development of the situation makes expert research an area of special professional responsibility.
from 10 work days
from 35 000 rub.