Child psychiatric advice to legal authorities concerning custody and post-divorce visiting rights. Results of collaboration of lawyers and child psychiatrists over a 2-year period.
The need of the judicial system for psychiatric and psychological examination of parents and children prior to decisions concerning custody and visiting rights is illustrated. Further, the possibility of establishing collaboration with legal authorities is discussed. Most child psychiatric and child psychological clinics in Denmark declared themselves willing to take part in the investigation carried out during 1975 and 1976. Within this period the legal authorities referred 232 cases. The indication for expert advice is discussed. Our suspicion that the parties in these selected cases often were suffering from serious mental disorders was confirmed. The difficulties of evaluating the child's views are described. The authors conclude that it is impossible to fix a lower limit for the age at which children are to be heard in court. The legal decision usually accorded with the conclusion drawn from the statement. The investigation resulted in the establishment of a more permanent collaboration of lawyers and psychiatric examiners with regard to custody and visiting rights.
D000293:Adolescent; D001290:Attitude; D002648:Child; D002651:Child Advocacy / Q000331:legislation & jurisprudence*; D002665:Child Psychiatry / Q000639:trends*; D002675:Child, Preschool; D003718:Denmark; D004243:Divorce / Q000331:legislation & jurisprudence*; D005260:Female; D005555:Forensic Psychiatry / Q000639:trends*; D006801:Humans; D008297:Male; D001523:Mental Disorders / Q000517:prevention & control / Q000523:psychology*; D010287:Parent-Child Relations