The psychological assessment of the conflict family in the forensic setting: food for thought

Abstract

The possibility of adopting an evaluative approach towards psychological assessment, aimed at promoting the best interests of the child in custody cases, is proposed for the attention of forensic practitioners. The authors present this perspective through theoretical and methodological considerations gained from literature and experience.
Beginning with the identification of the epistemological, theoretical and methodological limitations of the ‘photographic’ assessment, which is currently widely used in the forensic field, the authors propose the possibility of shifting towards an evolutionary assessment. Considering the centrality of parental conflict with respect to the negative psychological experiences of children in family separation cases, the advantages of this proposal are illustrated. Within the limits of the nonclinical context and the specific demands of the judge, the goal of this approach is to evaluate the potential for changing the combative dynamic that exists within families involved in this intervention, taking into account their limitations and resources. After a brief discussion of the operational procedures that could be used in practice, this approach is then assessed with regard to the Cartabia reform recently enacted in the Italian legal system. The conclusions are reassuring and point towards constructive reflection among various forensic professionals involved in the process.