In recent years, several international reports have highlighted significant concerns regarding forensic custody evaluations in family proceedings.

The Report of the Blue-Ribbon Commission on Forensic Custody Evaluations (New York, 2022) identified key issues, including:
– lack of uniform standards
– methodological weaknesses
– need for specialized training

At the same time, United Nations observations have pointed out, in various contexts, a shortage of adequately trained specialists in child mental health.

These elements converge toward a clear conclusion:
the quality of custody evaluations directly impacts the protection of children.

When specific expertise, clear standards, and shared best practices are lacking, the risk is not only procedural, but developmental.

This is not about questioning individual professionals, but about recognizing a systemic issue.

A paradigm shift is needed:
– highly specialized training
– rigorous methodological standards
– integration between legal and clinical expertise

The protection of children cannot be left to approximation.
It is a responsibility the system can no longer postpone.

📍 Lugano District Court, Canton Ticino (Switzerland)

References

• Report of the Blue-Ribbon Commission on Forensic Custody Evaluations, delivered to Governor Kathy Hochul, December 2021
• Committee on the Rights of the Child – Concluding observations on Switzerland, October 22, 2021