Child care and contact evaluations : psychologists' contribution to the problem-determined divorce process in South Africa
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Authors
Themistocleous, Nicola
Issue Date
2017-06
Type
Thesis
Language
en
Keywords
Best interests of the child , Care and contact (custody) disputes , Children’s Act (Act 38 of 2005) , Clinical psychologists , Family dispute resolution , Forensic psychology , Intersubjectivity , problem-determined system
Alternative Title
Abstract
Disputes concerning care and contact arrangements for the minor children of divorcing couples
present special challenges for professionals in the legal and psychological professions. Care and
contact (custody) disputes, which are complex undertakings, are a point of debate in the
professional arena in South Africa. Clinical psychologists are often included in the professional
cohort that assists the high court, as the upper guardian of minor children, in the decision making
process regarding contested care arrangements of children. This field is further challenged by
the lack of training programmes and practice guidelines, the intense adversarial nature of
disputes and litigation processes, as well as the increase in board complaints levelled against
psychologists at the Health Professions Council of South Africa. These challenges contribute to
the reluctance of psychologists to become involved in care and contact matters. This study
therefore aimed first to explore the current practices and contributions of clinical psychologists
in care and contact disputes in South Africa, and second to evaluate the procedures used by
clinical psychologists to inform their recommendations to the court. In such matters, clinical
psychologists adhere to the best interest of the child (BIC) principle. The final aim of the study
was to identify and propose guidelines for a model of better practice. The study was guided by
a Constructivist Epistemology and a Social Constructionist paradigmatic framework. A
qualitative research approach was employed. Data were collected through face- to-face
interviews with clinical psychologists and advocates and were analysed using Thematic Network
Analysis of Attride-Stirling. The findings, which indicated that that the practices of
psychologists are plenteous, revealed significant shortfalls in current practices. In addition, the
findings designated that creating a universal model for care and contact evaluations to fit with
the legal professions’ empiricist tendency poses a paradigmatic dilemma and a practical
challenge. A position of observer-dependence and a reflective position on the part of the
psychologist is instead indicated.