A Review of Research Relevant to Custody and Access Disputes

Abstract

With the high rate of marriage breakdown, increasing numbers of children are becoming the subjects of custody and access disputes. The Courts are looking to the services of psychiatrists in these matters. They value our expert opinion on the least detrimental available alternative for the child. This paper reviews available research data which are relevant to psychiatric testimony on the determination of exclusive custody, joint custody and access. It is concluded that there is emerging an objective body of data which can buttress psychiatric opinion in these matters, but that a number of the principles which have guided the Courts to date, have not been thoroughly researched.