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Conflicted custody: the unfolding of a professional problem-determined system

With the maturation of the child custody investigative process, the role of investigators and

the process of these investigations have come under increasing scrutiny. The investigators are
expected to be objective, neutral, and professional while following procedures that conform to
model standards. However, this assumption of a lack of bias has been largely overlooked in the
literature regarding the investigative process. It is assumed that investigators should
self-monitor to ensure that their stance is objective and neutral. Furthermore, this position of
neutrality and objectivity is assumed to be intuitive and natural.
By using a case study, this thesis investigates and describes the process of a child custody
investigation predicated on a constructivist epistemology. It highlights the impossibility of any
investigator to be objective and neutral in any investigation automatically, regardless of the
procedures and methods employed. The thesis highlights the participant observer status of
investigators. An aim of the thesis is thus to sensitise investigators to this inevitable
vulnerability with the expectation that such an awareness may allow investigators to establish
processes to render investigations consciously more balanced, considered, and transparent.
A further aim is to describe a child custody evaluation from an eco-systemic perspective by
contextualising the investigation in the larger ecosystem to which it belongs. This description
includes the investigation as part of an evolving
problem-determined system. An awareness of this wider and evolving context may enable investigators
to approximate a position of objectivity and neutrality more effectively. It may also act as an
inoculation against the ‘contamination’ of the investigator by the investigative system.







































































With the maturation of the child custody investigative process, the role of investigators and
the process of these investigations have come under increasing scrutiny. The investigators
are expected to be objective, neutral, and professional while following procedures that
conform to model standards. However, this assumption of a lack of bias has been largely
overlooked in the literature regarding the investigative process. It is assumed that
investigators should self-monitor to ensure that their stance is objective and neutral.
Furthermore, this position of neutrality and objectivity is assumed to be intuitive and
natural.
By using a case study, this thesis investigates and describes the process of a child
custody investigation predicated on a constructivist epistemology. It highlights the
impossibility of any investigator to be objective and neutral in any investigation
automatically, regardless of the procedures and methods employed. The thesis highlights
the participant observer status of investigators. An aim of the thesis is thus to sensitise
investigators to this inevitable vulnerability with the expectation that such an awareness
may allow investigators to establish processes to render investigations consciously more
balanced, considered, and transparent.
A further aim is to describe a child custody evaluation from an eco-systemic
perspective by contextualising the investigation in the larger ecosystem to which it
belongs. This description includes the investigation as part of an evolving
problem-determined system. An awareness of this wider and evolving context may enable
investigators to approximate a position of objectivity and neutrality more effectively. It
may also act as an inoculation against the ‘contamination’ of the investigator by the
investigative system.
xviii
In South Africa, we have yet to formulate a document that establishes a model
standard of practice or specific, dedicated training in this area. This thesis identifies what
could be included in both areas (in addition to the expected protocols and procedures) by
describing the investigator’s position as an expert learner, rather than just an ‘expert’. In
line with current literature, it highlights the benefits of thinking consciously and in a
considered manner. Furthermore, it indicates the benefits of a team approach to
investigations, which could be considered an area for further investigation.




In South Africa, we have yet to formulate a document that establishes a model standard of practice
or specific, dedicated training in this area. This thesis identifies what could be included in both
areas (in addition to the expected protocols and procedures) by describing the investigator’s
position as an expert learner, rather than just an ‘expert’. In line with current literature, it
highlights the benefits of thinking consciously and in a considered manner. Furthermore, it
indicates the benefits of a team approach to investigations, which could be considered an area for
further investigation. / Psychology / D. LITT et. Phil. ( Psychology)

Identiferoai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:unisa/oai:umkn-dsp01.int.unisa.ac.za:10500/14314
Date01 1900
CreatorsFasser, Robyn Lesley
ContributorsSnyders, F.J. A.
Source SetsSouth African National ETD Portal
LanguageEnglish
Detected LanguageEnglish
TypeThesis

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