Expert Testimony

 

I have had several experiences giving expert testimony in court. Most of my clients find that court, if it was a presence in their lives at one time, is a distant memory. The testimony experiences that I am referring to were all tied to clients who were hauled into court by CPS or were taking a action against an ex-spouse for the sake of custody or support.

 

The testimony invariably goes well if the client is a successful client. It won’t go so well if the client has done a poor job. In this situation I would not recommend that the client not call me as a witness. They should hope that I am not subpoenaed by the defense either.

 

However, screening for the program (you will find the screeners in the back of the book, “Got an Angry Kid? Parenting Spike-A Seriously Difficult Child.” ) is very efficient. It is likely that if a parent does well with the screeners that they will do well with the program.

 

The only failures that the program has had are those that CPS pushed into the program against my advice or who did poorly on the screeners but insisted on being admitted to the program anyway or were ordered by the court to participate and skipped over the screening process entirely.  I did my best not to take clients from any of the above conditions but wasn’t always successful. If admission into PACT is left to parents, they do just fine.

 

Using PACT as a defense against an ex spouse is a good idea. Often where a very difficult child is involved, one parent is convinced that they can do a better job than the other parent. It is often true. In any event reducing the kid to a tug of war isn’t in the kids interest.

 

 It is very likely that this kid will, in time, insist in living with the opposite parent. He will do everything in his power to make sure that it happens. He is convinced that the grass is greener at Dad’s house. Dad’s new girl friend may not be so sure but even if she is okay with the arrangement it is often the case that Dad is convinced that Mom is incompetent and that if he were allowed to get his hands on the kid, that he could straighten him out quickly. That almost always turns out to be wrong.

 

Dad thinks he can strong arm Spike. Spike will show him that no one can strong arm him and a fight will ensue. It is very likely that Dad will, at that point, tell the kid to get out and go back to his Mothers.  This does not mean that Dad will develop any sympathy for Moms parenting but it is unlikely that he will haul her into court for the sake of custody either. This, of course, can work in the opposite way too: Dad could be the competent one and Mom agitating for custody. The idea scenario is where both enroll in PACT but do so separately. These parents are clearly willing to put animosity for the other parent aside and work for the benefit of the child.

 

It would be good to avoid this in the first place. A way of avoiding it is to enroll in PACT and do well. PACT is likely to calm things down considerably at the custodial parents. If the parent is enrolling with an eye on having me as part of the defense in court than the parent will need to engage me on a one-to-one basis.

 

Once the parent has gotten past PACT’s basic program of the first three goals, he or she is likely to see enough change to make them feel that the entire year’s devotion to PACT is worthwhile. They will also have the enthusiasm and conviction to beg the courts indulgence while they complete the program. The court is likely to side with a custodial parent who is engaged in a substantial parenting program

 

I’d be happy to talk with you further on this matter.

 

-Dr. Gibson