As separation and divorce rates have increased in Spain, the intervention of forensic psychologists in family proceedings has become increasingly frequent. The need for their intervention as experts has been raised since the beginning of the 20th century; however, the widespread use of Psychology in Courts is much more recent. In the United States, it began to be used in the 1960s, and in Spain, after the implementation of the Divorce Law of 1981, which introduced the opinion of specialists as an auxiliary element of judgment.
The “Family Evolution Report in Europe 2014,” prepared by the Institute for Family Policy (IPF), presents relevant data such as Spain becoming the fourth country in the European Union with the highest number of divorces in a decade, after Germany, the United Kingdom, and France. This fact reaffirms the growing demand for forensic psychological evaluations in family courts, with the aim of providing scientific knowledge related to child psychology and other branches of knowledge concerning interpersonal relationships that help the judge determine, in each case, the measures that best represent or favor the minor’s interest.
The psychological expert practice in courts is at the request of the judge or the interested parties and is usually requested in cases of separation, divorce, provisional measures, modification of separation or divorce measures, proceedings involving the guardianship, custody, and maintenance of non-marital children, foster care, adoption, and challenge of guardianship. Most opinions refer to determining which of the two parents is more suitable to hold custody of the minor or minors, and what is the most appropriate visitation schedule for the non-custodial parent. An Expert Opinion is understood as “the objective and impartial opinion of a technical specialist, with special scientific, artistic, or plastic knowledge, whose objective is to determine facts or their consequences.”
Proceedings for the modification of measures in separation or divorce processes, as well as those related to the guardianship, custody, and maintenance of non-marital children, increased in 2014, being affected by the economic crisis, leading to an increased presence of expert evidence in trials.
The intervention of the forensic psychologist for guardianship and custody or visitation rights does not have a standard methodological proposal or one recognized as most effective, so it depends exclusively on the psychologist’s theoretical-practical orientation, experience, and handling of evidence. However, certain aspects are shared by most interventions, such as, at the beginning of the evaluation, reading and examining the court records to formulate initial hypotheses regarding the determination of relevant individuals for obtaining information and the specific techniques to be used. But these are not unchangeable and can be modified as the evaluation progresses and the psychologist obtains information.
Forensic psychologists use interviews as a working tool: joint, individual, third-party (whether significant individuals or professionals), and with the minor. This is an entirely subjective means of obtaining information, and interviewees may not be sincere and alter possible results.
The psychological report should always aim to minimize adverse effects that may occur within the process and have as its purpose the pursuit of the minor’s best interest over any other legitimate interest of the parents.
It is as important for the psychologist, with training in forensic psychology, to know how to analyze the results obtained as it is to write the report in clear, concise language without excessive length, with explicit and locatable conclusions, along with its recommendation, well-related to the supporting results.
A forensic psychologist only relies on their knowledge to analyze the results of the documentation provided, along with the interviews conducted, to prepare an objective report. ISEP, aware of the growing need for training in psychological expert reports, offers the Master’s in Forensic Psychology from a practical perspective of the profession, where the acquisition of skills is its priority. In addition, the program includes techniques for acquiring skills in drafting the expert report and its oral presentation in court as a fundamental element to obtain a complete professional profile, specialized in forensic psychology.