Introduction:
Welcome to the premier edition of the Forensic Behavioral Science Newsletter. Over the years of working with attorneys I have come in contact with a wide variety of working styles, some of which are facilitating to my role as an expert and other less so. It occurred to me that it might be helpful to other lawyers if these experiences were shared with the goal of improving expert-attorney working relationships and thereby improve the outcomes of family law cases. With that goal in mind, this newsletter will be published regularly, in a very brief format so perhaps some of the ideas presented will be helpful. Thank you for taking the time to look this over.

Tip of the Month:
Sometimes we get caught up in the "hurry-up" momentum of the day, and an order for an expert needs to be written and sent over for signature so the case can adequately progress. Everyone has agreed to the specific expert so the order gets drafted and out it goes. In the rush, sometimes important details get omitted. These may include the specific evaluation questions. For example, Whether either parent poses an immediate and substantial threat to the children's physical or mental health? Which parent has the strongest psychological relationship with the children from the children's perspective? What is the least detrimental alternative for primary physical care, visitation and division of other parental responsibilities? Whether either party suffers from any mental or emotional disability that would affect their duties as parent? Whether either parent is engaged in alienation of the other parent with the children? Also specify that the report to should be sent to both attorneys only or it should also go directly to the court. This can be a source of problems (a topic for another issue). The more detailed the order, within reason of course, the more usable and specific the expert's report will be. The expert then can focus his or her report and hopefully minimize the "psychobabble."

Feature Article:
Parent Alienation Syndrome (PAS) has passed the Frye Test criteria in Florida in the Kilgore vs. Boyd, 13th Circuit Court, Hillsborough County, Case No. 95-7773, 773 So. 2d 546, Fla. 2d DCA 2000. The Frye Test addresses whether a scientific theory (i.e. battered women's syndrome; PAS, etc.) or scientific technique is generally accepted in the relevant scientific community. The U.S. Supreme Court held that judges must only admit scientific evidence only when it is reliable. Not only is there now precedence in admitting testimony regarding PAS, but a recent study on the use of the MMPI-2 also supports a Frye Test for PAS.

In the Journal of Forensic Psychology, Vol 16, No. 4, 1998, pp. 5 -14, an article by J. C. Siegel, Ph.D. and J. S. Langford, Ph.D., entitled MMPI-2 Validity Scales and Suspected Parental Alienation Syndrome demonstrated a potential possible relationship between the profile of the MMPI-2 and the presence of PAS. Specifically, the study found PAS parents are more likely to demonstrate higher L and K scales and low F scales. This pattern would NOT by it self denote PAS, but it would be credible to have your expert or the custody evaluator compare this study's findings with the particulars in your case. Certainly, during a cross examination, it might be useful to ask the expert if they heard of this study and how the findings fit your particular case in question.

I hope this information is helpful, sincerely, Robert A. Evans, Ph.D.