Examination of a child and parents is most commonly conducted in civil cases involving:
- determination of the child’s place of residence;
- determination of the schedule and frequency of visits with a non-custodial parent;
- termination or restriction of parental rights;
- adoption, guardianship, and custodianship.
Expert examinations of children and parents may be conducted in the following forms:
- psychiatric examination;
- comprehensive psychological and psychiatric examination;
- psychological examination;
- psychological and pedagogical examination.
A psychological examination of children and parents for court purposes is a critical process that can significantly influence the outcome of family disputes. During such examinations, the emotional state and psychological relationships of both children and their parents are assessed. This is necessary to properly determine the best interests of the child and to establish the conditions most conducive to the child’s development.
When is an examination of a child and parents required?
According to statistics, approximately 70% of marriages end in divorce. Unfortunately, children are the ones who suffer most from this outcome.
When parents are unable to reach an agreement on their own regarding where the child will live, the court determines the child’s place of residence.
The Supreme Court of Russia has established that «When determining circumstances that require specialized knowledge, the court orders an examination to diagnose intra-family relationships and the child’s relationship with each parent, to identify the psychological characteristics of each parent and the child, to conduct a psychological analysis of the overall situation (family conflict), and to determine whether or not one of the parents is exerting psychological influence over the child. To these ends, courts shall, in particular, order forensic psychological, forensic psychiatric, and comprehensive forensic examinations (psychological-psychiatric, psychological-pedagogical, psychological-valeological, and social-psychological).» Source: Review of Judicial Practice of the Supreme Court of the Russian Federation No. 4 (2015), approved by the Presidium of the Supreme Court of the Russian Federation on December 23, 2015 (as amended on April 26, 2017).
The examinations specified by the court are ordered in connection with the restriction of parental rights, matters related to placing the child in the custody of one parent, determining the child’s place of residence when parents live separately, and in adoption proceedings.
How are the examinations listed by the court similar to or different from one another when conducted in relation to children and parents in family disputes?
In which cases and what type of examination should be conducted?
In most cases, when a court is resolving the question of determining a child’s place of residence where parents live separately, psychological, psychological-pedagogical, psychological-valeological, and social-psychological examinations are conducted.
