Debate over forensic testing

[onedaddy]

In NY, BM filed for supervised visitation over a year ago siting DH was OCD.  In February'04 BM's former attorney requested a forensic evaluation and the specific evaluator. Everyone was in agreement, including the GAL but they never filed the order. (I have the transcript from this date)

In June '04 our attorney filed the order and testing began immediately.  There were a total of 12 sessions.  3 individual private session each, one each of the 3 tests, one each with the children and one each with the stepparents.  Evaluator also conducted a number of tests including leaving pictures eskew, scheduling appointments back to back, etc.

Evaluator's final report said DH had extreme anxiety, made himself the victim and was not OCD. He stated BM coached the children, was severely sociopathic, manipulative, deceptive, most probably BPD and Anti-social. He said she scored off the charts in all areas of the testing.  Second highest he has ever seen in a custody or criminal evaluation.  He then made a recommendation for a change in custody.

BM changed lawyers smack in the middle of the trial.  Her old lawyer was going to call an expert to discredit the evauation.  Her new lawyer, who has blamed her old lawyer for BM not following the orders, filed a motion to completely discard entire evaluation siting the fairly recent debate over such testing.

Please note we have stacks of proof to show her malicious acts and are currently on the 8th day of trial and are up to exhibit x.

1)  Any ideas on how to respond to this motion?

2)  Do you know of any case law supporting forensic testing and where I might be abe to locate it?

3) If the judge allows evaluation to stand does this give them reason to appeal in the future?  

[socrateaser]

>1)  Any ideas on how to respond to this motion?

Your Honor, psychological evaluation of parties in a custody determination is part of the standard practice in every jurisdiction. Opposing counsel's argument that there is recent debate over the validity of such testing is simply a diversion to eliminate what would otherwise be extremely damaging evidence against his client.

There is currently debate over Social Security and whether or not to allow private investment accounts. Should we dispense with Social Security entirely while the debate rages?

If opposing counsel has a credible expert who can authoritatively dismiss psychological evaluation as a scientific tool for determining a person's mental state, then we all would certainly benefit by hearing from this expert.

Otherwise, the motion is without merit, and should be denied.

>
>2)  Do you know of any case law supporting forensic testing
>and where I might be abe to locate it?

Your question is actually a little silly. As I've just argued above, this motion is frivolous. Your opponent is attempting to discredit all of the work done in the relm of psychology since Freud.


>3) If the judge allows evaluation to stand does this give them
>reason to appeal in the future?  

Only if the Sun starts to rise in the West.

[onedaddy]

As always, much thanks! nm