AUSTIN CHILD CUSTODY SERVICES
William G. Austin, Ph.D.
Licensed Psychologist
Northwest Colorado Psychological Services dba
www.child-custody-services.com
P.O. Box 883009
Evergreen, CO 80439
970-871-4527 voice
303-217-8990 fax
e-mail
address: wgaustinphd2@yahoo.com
Relocation
and Child Custody Evaluation
One of the most difficult situations facing children
after their parents separate and divorce is when one parent wants to relocate
with the children to a distant community. Courts grapple with dilemma of
permitting a residential parent to pursue opportunities in a new community with
the child versus wanting to insure continuity in the nonresidential parent’s
involvement with the child. Potential losses and emotional pain face all family
members in relocation. A challenge faces both parents to craft a parenting time
plan that allows for continued involvement by the non-relocating parent.
Different legal standards apply to relocation, depending on the state of
jurisdiction, and these standards make relocation more or less difficult. Even
in states with a presumption in favor of relocation, case law emphasizes the
need for an individualized determination and there is no “bright line” rule that
can apply. These cases are very fact driven and call for a thorough
investigation of the family’s context and circumstances. The evaluator needs to
address all of the decisional alternatives facing the Court in the context of
relocation.
Dr. Austin has developed a forensic
psychology model for evaluating this problem for courts and families. He has
conducted workshops in different states for different organizations on how to
evaluate the relocation case. His risk assessment model is widely used by
evaluators across the country. It is a research-based model that allows the
evaluator to make predictions and the Court to understand the degree of harm
that can be expected to be associated with relocation, or if the child did not
relocate. This approach has been recently expanded to address how the evaluator
needs to take into account the real advantages and disadvantages associated with
relocation, or the child not relocating. The potential resources available to the child in
the alternative living arrangements are integrated with the risk assessment
predictions. Practical considerations, such as distance, time, and finances also
need to be addressed in determining if a long distance parenting plan is
feasible.
When relocation is an issue, Dr. Austin is available to conduct court-appointed
parenting evaluations, provide trial consultation to attorneys, and to review
the reports of other evaluators in a relocation case. It is sometimes helpful to
provide general testimony on research relevant to relocation and risk assessment
in the hypothetical form. General testimony typically would involve presentation
of scientific research on relocation, application of the research-based
relocation risk assessment model, application of the research and risk
assessment model to a hypothetical fact pattern.
Some of Dr. Austin’s
publications on relocation in
peer-reviewed journals include the following:
Austin, W. G.
(2000). A Forensic Psychology Model of Risk Assessment for Child Custody
Relocation Law. Family and Conciliation Courts Review, 38, 186-201.
Austin, W. G.
(2000). Relocation Law and the Threshold of Harm: Integrating Legal and
Behavioral Perspectives. Family Law Quarterly, 34, 63-82.
Austin, W. G.
(2000). Risk Reduction Interventions for the Child Custody Relocation Case.
Journal of Divorce and Remarriage, 33, 65-72.
Austin, W. G. (2008, April).
Relocation, research and forensic evaluation: Part II: Research support for the
relocation risk assessment model. Family Court Review, 46(2).
Austin, W. G. (2008). Relocation, research and
forensic evaluation: Part I: Effects of residential mobility on children of
divorce. Family Court Review, 46(1), 136-149.
Austin, W. G., & Gould, J. W. (2006). Exploring three Functions in Child Custody
Evaluation for the Relocation Case: Prediction, Investigation, and Making
Recommendations for a Long-Distance Parenting Plan. Journal of Child Custody:
Research, Issues, and Practices, 3, 65-110.
Dr. Austin is
the author of the following book chapters on relocation:
Austin, W. G. (2007).The child and family investigator's evaluation for the
relocation case. In R. M. Smith (Ed.), The role of the child and family
investigator and the child’s legal representative in Colorado. Denver:
Colorado Bar Association (pp. C9-1 – C9-24). Denver: Colorado Bar Association.
Austin, W. G. (2006).The child and family investigator's evaluation for the
relocation case. In R. M. Smith (Ed.), The role of the child and family
investigator and the child’s legal representative in Colorado. Denver:
Colorado Bar Association (pp. C9-1 – C9-20. Denver: Colorado Bar Association.
Austin, W. G. (2005). The child and family
investigator's evaluation for the relocation case. In R. M. Smith (Ed.), The
role of the child and family investigator and the child’s legal representative
in Colorado (pp. C9-1 – C9-28). Denver: Colorado Bar Association.
Dr. Austin has presented the
following workshops on relocation:
Legal and Clinical Issues
in Cases of Relocation.
Reconceptualizing Child Custody: Past, Present, and Future – Lawyers and
Psychologists Working Together. Cosponsored by American Psychological
Association (APA) and American Bar Association (ABA). Chicago, May 3, 2008
(with Jeffrey Atkinson, Esq.)
Relocation and Child
Custody: Research & Forensic Evaluation.
Mississippi College of Law. November 10, 2006. Jackson, MS.
Custody Evaluation and
Parenting Plans for Relocation: Risk Assessment for High Conflict or Partner
Violence. Association of Family and
Conciliation Courts, 43rd Annual Conference, June 1, 2006, Tampa, FL.
(with Leslie M. Drozd, Ph.D.).
Parenting Evaluation for
the Relocation Case in Light of the New Case Law.
2006 Family Issues Conference, Colorado State Judicial Department, Vail, CO, May
19, 2006.
Custody Evaluation Task
Force Open Forum, Association of
Family and Conciliation Courts, Regional Training Conference. September 23,
2005, Breckenridge, CO.
Relocation from the
Evaluator’s Perspective in the Shadow of Spahmer and Ciesluk.
Workshop, Metropolitan Denver Interdisciplinary Committee monthly meeting,
Denver, CO, September 11, 2005.
Evaluation
in the Relocation Case: An Integrated Approach. Workshop presented to the
Colorado Judicial Family Issues Conference, Vail, CO, May 6, 2005.
Evaluating
the Child Custody Relocation Case: An Integrated Approach, Invited Plenary
address to the Association of Family and Conciliation Courts, California
Chapter, Annual Meetings, February 12, 2005, Sonoma, CA.
Your Honor May I? – A
discussion regarding “Relocation.”
Plenary Session, Family Law Institute, Colorado Bar Association, Breckenridge,
CO, August 5, 2005 (with Jennifer Weaver,
J.D. & Hon. Lael Montgomery).
An Integrated Approach to Evaluating the
Relocation Case. Family Law Institute, Colorado Bar Association, Steamboat
Springs, CO, August 7, 2004
Mediator’s Role for the
Child Custody Relocation Case,
Workshop, Association for Conflict Resolution, Denver, July 12, 2003.
Removal – Evaluation and
Determination, Workshop, State of
Colorado Interdisciplinary Committee, Vail, CO, May 3, 2003 (with Judge Jann Dubois)
A Practical Approach to
Evaluation and Conflict Resolution in Child Custody Relocation Cases,
Pre-Conference all day Institute, Association of Family and Conciliation Courts: Fifth International Symposium on Child Custody Evaluations, November 7, 2002,
Tucson, AZ. (with Jonathan W. Gould, Ph.D. & Leslie Ellen Shear, J.D.)
Approaching
Relocation Cases: Risk Assessment, Research, and Practical Problem Solving.
Workshop presented at “Serving the Best Interests of the Child,” Sponsored by
Office of the Child’s Representative, State of Colorado, January 10, 2002,
Steamboat Springs, CO.
Evaluating and
Litigating the Removal Case (with
Rick Loman, J.D.), Colorado Interdisciplinary Committee (State IDC) on children
and divorce, Spring Conference, Challenging Conventional Wisdom on Divorce,
Parenting Time and Removal, Breakout Session, May 5, 2001, Vail, CO.
[Co-Sponsored, MDIDC and Colorado Chapter American Academy of Matrimonial
Lawyers.]
Relocation:
Risk Assessment and Bridging the Gap between the Law and Science, Panel:
Handling of a Relocation Case: Substantive Law and Mental Health Perspective.
American Bar Association, Section of Family Law, April 19, 2001, Kansas City.
Psychological and Legal
Considerations in Relocation Cases.
Association of Family & Conciliation Court, Kiawah, SC, Association of
Family and Conciliation Courts, Fourth International
Congress on Child Custody Evaluations, November 10, 2000, Workshop.
Relocation:
From File to Trial. (With Linda Elrod, J.D., Larry Fong, Ph.D., Lori Nachlis,
J.D.). Association of Family & Conciliation Courts, New Orleans, 37th
Annual Conference: Alienation, Access & Attachment, May 31, 2000, All Day
Training Institute.
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