THE IMPORTANCE OF FORENSIC PSYCHOLOGICAL EXAMINATION IN A DISPUTE ABOUT DETERMINING THE PLACE OF RESIDENCE OF A CHILD

Abstract

This article examines the role of forensic psychological assessment in disputes over the determination of a child’s place of residence. The author analyzes the impact of a forensic psychologist’s expert opinion on ensuring the best interests of the child and justifies its significance as objective evidence in an adversarial judicial process. The relevance of the topic stems from changes in judicial practice following the ECHR’s decision in the case of “M.S. v. Ukraine” (2017), which affirmed the priority of the child’s best interests over the parents’ interests, as well as the need for an objective assessment of the child’s psycho-emotional state in the context of family conflicts. It presents the author’s perspective on the role of the expert opinion in this category of cases. Examples of documents required for conducting the expert examination are provided, and the key aspects of its appointment are emphasized. It is underscored that the expert opinion facilitates an objective assessment of evidence, reduces the influence of parental emotions, helps adjust the legal position, and simplifies the judge’s decision on the merits of the dispute, especially under martial law. The differences between the conclusions of ordinary (private, school) psychologists and those of certified forensic expert psychologists are examined. It is emphasized that only a forensic expert bears criminal liability for a knowingly false opinion, acts independently of the parties to the dispute, uses methods from the Register of Methods for Conducting Forensic Examinations, and, in cases specified by procedural law, is obligated to explain their opinion in court. The study pays particular attention to the ability of forensic psychological assessment to identify instances of covert psychological manipulation and the development of “parental alienation syndrome”. Emphasis is placed on the expert’s competence to distinguish between the consequences of such destructive adult influence and the child’s general state of stress caused by the realities of armed aggression. Additionally, the problem of procedural diversions is analyzed – the abuse of rights by parties to the case with the aim of unjustifiably delaying court proceedings when an expert is summoned to court. It is proposed to amend procedural legislation regarding the mandatory appointment of a forensic psychological examination in disputes concerning the determination of a child’s place of residence. Prospects for further research are identified.