Psychological expertise in Family Law

In this article we will talk about the Psychological expertise in family law. Thus, we will share with readers the main areas and basic objectives within this specific area of ​​forensic intervention.

First of all, you have to comment that The intervention of the psychologist as an expert is regarding its quality of expert and on demand of the administration of justice or part. The psychologist is not an expert in any area of ​​psychology, but only in those in which he acquires competencies, he has enough training and experience.

More and more judges come to psychologists requesting advice to assess all issues that have to do with the study of the psychological conditions of legal actors.

Content

• The main themes of psychological expertise in the field of family law
  • Reforms after the Divorce Law: How does it affect the psychological expertise?
    • The advantage of the new law
  • Psychological expertise in Family Law: Basic Objectives
• Final comments on the psychological expert in Family Law
  • References

The main themes of psychological expertise in the field of family law

• Marriage and relations between spouses which includes opinions in cases of separation, divorce or nullities. For example, assessment in some cases of alcohol separation, drug addiction, mental disorders, etc.
• Right of affiliation and guardianship With issues such as the granting of guard and custody, the divergence of criteria between parents related to special significance issues for children, etc

It is an area of ​​intervention of special conflict. In theory, the intervention of the experts should enable a more objective establishment of the facts as well as an effective mediating and conciliatory intervention.

Special importance are decision making about which are the best measures related to children in cases of separation of parents. It is foreseeable that an increasingly high percentage of children will grow in alternative families.

Reforms after the Divorce Law: How does it affect the psychological expertise?

The reform operated in Family Law by the Divorce Law in Spain changed the perspective regarding the care and education of children in the processes of separation, nullity and divorce. In tune with this change, the need for these judicial processes to regularly regularly intervene as experts, social psychologists and assistants were seen in such judicial processes.

Before the promulgation of the law, the ancient law of the divorce of 1932, promoted by the Second Republic, specified the basic legal criteria in the cases of nullity and separation were those of guilt or innocence and good faith or bad faith.

So that The custody and custody measures of the children were resolved by associating the guilt or innocence of one of the parents or both parents. Thus, in cases of separation, custody was attributed to the innocent spouse and in cases of nullity to the whom the good faith was appreciated.

If both were guilty or with bad faith they could entrust the children to a tutor and if not to guilty or in bad faith, the criterion was to grant the children under 7 years always to the mother and after this age, the children to the father And the daughters to the mother, with the possibility of separation of the brothers

The advantage of the new law

With this law, The measures adopted on the children must always be according to the benefit of them. Radically, the perspective changes, decisions are based not on the qualification of parents but on the assessment of the needs and interests of minors.

Psychological expertise in Family Law: Basic Objectives

1. The assessment of family conflicts from a non -legal position, From the understanding of emotional bonds, communications and family roles, etc. humanizing a judicial procedure that tries to decide on intimate personal relationships
2. Facilitate judicial decisions With professional, relevant, clear information, etc
3. Maximize the resources of the divided family, helping to avoid or reduce the unwanted risks for the minors involved.

Final comments on the psychological expert in Family Law

The elaboration of the custody opinion and its presentation to the judge is especially important. However, the work of the expert is neither to replace the judge in the adoption of decisions, nor to limit himself to giving a mere written report.

The expert, as a consultant at the service of the judge, does not end his work with the preparation of the document, but You must help the judge in all issues that allow an adequate understanding of the conflict and of the strategies for mediation and resolution.

Likewise, if conferred by the judge, it can intervene in the reduction of tension and in the control of the unhappy effects that can occur as a consequence of the judicial decision. For example, the psychologist's actions are increasingly frequent to perform children's psychological exams at the request of parents who do not have custody.

References

• Alvarez, h. R., Varela, o. H., & Greif, D. B. (1992). Expert activity in Forensic Psychology. Eclipse editions.
• Echeburúa, e., Muñoz, j. M., & Loinaz, I. (2011). Forensic psychological evaluation in the face of clinical evaluation: proposals and future challenges. International Journal of Clinical and Health Psychology, eleven(1), 141-159.
• Quintero, l. TO. M., & López, E. G. (2010). Legal psychology: task and development. Diversitas: Perspectives in Psychology, 6(2), 237-256.
• Muñoz, j. M., Manzanero, a. L., Alcazar, m. TO., González, J. L., Pérez, m. L., & YELA, M. (2011). Legal psychology in Spain: conceptual delimitation, fields of research and intervention and training proposal within official education. LEGAL PSYCHOLOGY YEARBOOK, twenty-one, 3-14.