Conflicted custody: the unfolding of a professional problem-determined system

Abstract

With the maturation of the child custody investigative process, the role of investigators and

the process of these investigations have come under increasing scrutiny. The investigators are expected to be objective, neutral, and professional while following procedures that conform to model standards. However, this assumption of a lack of bias has been largely overlooked in the literature regarding the investigative process. It is assumed that investigators should self-monitor to ensure that their stance is objective and neutral. Furthermore, this position of neutrality and objectivity is assumed to be intuitive and natural. By using a case study, this thesis investigates and describes the process of a child custody investigation predicated on a constructivist epistemology. It highlights the impossibility of any investigator to be objective and neutral in any investigation automatically, regardless of the procedures and methods employed. The thesis highlights the participant observer status of investigators. An aim of the thesis is thus to sensitise investigators to this inevitable vulnerability with the expectation that such an awareness may allow investigators to establish processes to render investigations consciously more balanced, considered, and transparent. A further aim is to describe a child custody evaluation from an eco-systemic perspective by contextualising the investigation in the larger ecosystem to which it belongs. This description includes the investigation as part of an evolving problem-determined system. An awareness of this wider and evolving context may enable investigators to approximate a position of objectivity and neutrality more effectively. It may also act as an inoculation against the ‘contamination’ of the investigator by the investigative system.

With the maturation of the child custody investigative process, the role of investigators and the process of these investigations have come under increasing scrutiny. The investigators are expected to be objective, neutral, and professional while following procedures that conform to model standards. However, this assumption of a lack of bias has been largely overlooked in the literature regarding the investigative process. It is assumed that investigators should self-monitor to ensure that their stance is objective and neutral. Furthermore, this position of neutrality and objectivity is assumed to be intuitive and natural. By using a case study, this thesis investigates and describes the process of a child custody investigation predicated on a constructivist epistemology. It highlights the impossibility of any investigator to be objective and neutral in any investigation automatically, regardless of the procedures and methods employed. The thesis highlights the participant observer status of investigators. An aim of the thesis is thus to sensitise investigators to this inevitable vulnerability with the expectation that such an awareness may allow investigators to establish processes to render investigations consciously more balanced, considered, and transparent. A further aim is to describe a child custody evaluation from an eco-systemic perspective by contextualising the investigation in the larger ecosystem to which it belongs. This description includes the investigation as part of an evolving problem-determined system. An awareness of this wider and evolving context may enable investigators to approximate a position of objectivity and neutrality more effectively. It may also act as an inoculation against the ‘contamination’ of the investigator by the investigative system. xviii In South Africa, we have yet to formulate a document that establishes a model standard of practice or specific, dedicated training in this area. This thesis identifies what could be included in both areas (in addition to the expected protocols and procedures) by describing the investigator’s position as an expert learner, rather than just an ‘expert’. In line with current literature, it highlights the benefits of thinking consciously and in a considered manner. Furthermore, it indicates the benefits of a team approach to investigations, which could be considered an area for further investigation.

In South Africa, we have yet to formulate a document that establishes a model standard of practice or specific, dedicated training in this area. This thesis identifies what could be included in both areas (in addition to the expected protocols and procedures) by describing the investigator’s position as an expert learner, rather than just an ‘expert’. In line with current literature, it highlights the benefits of thinking consciously and in a considered manner. Furthermore, it indicates the benefits of a team approach to investigations, which could be considered an area for further investigation.