BONUS EP: Custodial Evaluators
BONUS EP: Custodial Evaluators
In this bonus episode of the JudgMental Podcast, Christine and Hugh dive into the latest developments in Louisville, Kentucky’s family court system—specifically, the controversy surrounding custodial evaluations. They discuss recent motions to disqualify commonly used evaluators, the issues of confirmation bias, testing fatigue, and the problematic “team approach” to psychological testing.
The hosts break down the findings from a Florida expert’s report, including concerns about the use of certain psychological tests, the misuse of “forensic” terminology, and the troubling confidentiality practices that leave families in the dark. They also explore the broader implications for families caught in the system, the delays and high costs of evaluations, and the impact on children and parents.
Listeners will hear real stories from the community, learn about similar cases in California, and get practical advice on what to look for in billing and evaluation reports. Christine invites anyone with experiences involving evaluators Marvin, McCreary, or Burley to share their stories and bills for further investigation.
Key topics:
Motions to disqualify evaluators in Louisville
Confirmation bias and testing issues in custodial evaluations
The “team approach” and lack of transparency
Confidentiality concerns and public record implications
Delays, costs, and the impact on families
National patterns and high-profile cases
How to submit your own stories and reports
Connect with us:
Website: judge-y.com
Christine: @Kentuckychristine (all platforms)
Podcast: Judge-y (YouTube, Instagram, TikTok)
Tune in for a candid, eye-opening discussion on the realities of family court evaluations and what needs to change.
Transcript
Welcome to the Judgmental Podcast.
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:This is a bonus edition where
we talk about current events
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:happening in Louisville, Kentucky
pertaining to custodial evaluations.
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:This is a must listen.
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:Speaker 4: Next call.
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:We need some
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:Speaker 5: justice, justice, justice.
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:And I wanna ring bells in public.
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:I wanna ring bes in public nor crowd.
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:Yeah, but I To the fo Yeah.
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:I To the fo Yeah.
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:Speaker 6: I to the fo fo
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:teaser.
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:Christine: At motion hour today.
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:There was something really unique
that happened in Derwin's court.
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:An attorney has filed at least two,
and it's my understanding there are.
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:Three motions to disqualify a
commonly used custodial evaluator,
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:Kelly, Marvin and Kristen McCreary.
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:Marvin and McCreary.
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:Now there's an expert out of
Florida that has talked about a
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:lot of issues within their reports.
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:I posted a TikTok today.
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:Saying, Hey, anyone that's got, and I'm
gonna post the full motion that was file
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:was filed on my TikTok, and we can figure
out how to post it on our YouTube channel.
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:But I posted a TikTok, Hey, anybody,
McCreary and Marvin, within 24 minutes,
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:I had emails of people that don't follow
us that said, this was sent to me.
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:Here's the report of
what they did in my case.
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:Hugh: Yeah, , I'm not surprised at all.
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:I've seen such I, I've seen.
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:Oh, I've seen so many problems , and
this is what happens when you have a
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:virtual monopoly on, on doing a certain
type of work within family court.
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:This is what happens when we have
either, you know, too few of any of the
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:roles that are used in family court.
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:You, you just start having problems
like this and we've had it in different
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:cycles with different people with
custodial evaluations in the past, but.
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:Th Yeah, this has been going on for
some time, and it's not surprising
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:to me at all that people started
reaching out immediately about it.
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:Christine: I mean, in there, this motion,
they have a plethora favorite word, alert.
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:We should play a drinking game every
time I say that or say traumatic.
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:But I mean, people wouldn't
be able to make it through.
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:, Hugh: I wouldn't, I wouldn't.
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:I've got a pretty good tolerance,
and I think I would be, I would be on
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:the floor by the end of the podcast.
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:Christine: Or bizarre.
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:I had somebody randomly text
me and be like, not text me,
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:send me a Facebook message.
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:'cause people are so sweet online,
but just like, could you say bizarre?
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:Any one more time on the Talk
of Louisville podcast and it's
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:just calm down, don't listen.
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:Oh, that's funny.
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:That, that's one that
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:Hugh: I use pretty, I I think
I use that one more than you.
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:Christine: I don't even
know what else to say.
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:It's like bizarre is the only
thing I can come up with because
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:it makes no fucking sense.
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:But, so we could
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:Hugh: say that, but people would
probably take offense to that.
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:Christine: Oh, I mean, there's nothing I
do that doesn't offend people, apparently.
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:Allegedly.
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:Oh my gosh.
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:But so in this test, I just wanna
read a few of these things really
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:quick and then we'll post it.
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:But they found confirmation bias
testing fatigue, uneven unbalanced
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:interview time, the team approach to
psychological testing, which I thought
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:was really fascinating because as you
know, those two often work in a team.
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:It says the A FCC models say that
each person, each team member must
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:be clearly defined and documented.
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:I thought that was very
fascinating 'cause you and I
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:both know they're not doing that.
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:Hugh: That's worth a deep dive.
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:Christine: Yes.
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:Oh, and then their test selection the
fact that they use the child abuse risk
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:evaluation, which is CARE, they were
utilizing it almost to like diagnose when
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:they were saying that it has not been
used in North America until recently.
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:And it goes to assess like Marvin
and McCreary claim, it assesses.
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:One's risk for engaging in certain
behaviors, and this evaluator
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:says, it ha it does nothing to
predict the future whatsoever.
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:Hugh: Yeah.
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:So I thought
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:Christine: that was fascinating.
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:Hugh: Yeah, I mean, I, I, there
was a time in my practice I
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:would regularly hire experts to
contradict custodial evaluations.
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:And honestly what was found
most was that the tests that
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:were being administered did not.
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:Did not correlate to
the results being found.
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:And I don't mean the specific results,
but the types of findings that were being
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:made, the appropriate tests for making
those types of findings were not correct.
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:The this test is, is intended to show
X, Y, and Z, not A, B, and C, and yet
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:they're basing A, B, and C on this test.
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:That's not meant for that, and that
was the thing that I found the most.
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:Now, I also found that only one time.
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:Maybe in my whole litigation career did
I find a judge listen to an encounter
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:expert and not just go along with
whoever had been court appointed.
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:But it, it did work from
time to time and I just.
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:That, yeah, that, that was the
problem that I saw the most.
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:It was within the testing of them.
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:I, the team approach though,
was very interesting.
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:Christine: Well, and this one's also
very fascinating because a lot of my
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:followers and our followers and our
listeners, they won't send us stuff
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:because on the top of the evaluations
that both Kelly, Marvin Christian McCreary
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:and Catherine Burle, that's another,
those are the three bigs in Louisville.
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:Right.
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:They put on their
privileged and confidential.
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:Have you seen that right?
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:Oh, yes.
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:Hugh: Oh, yes.
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:Christine: And so they found
that custodial evaluations
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:conducted in family law cases
are prepared for the court's use.
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:It's inappropriate, it's not
private and confidential.
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:And that's inappropriate to say.
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:And that may, that was always what was
so troublesome to me, is that these
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:people going through this are told,
Hey, don't ever show this to anyone.
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:You can't ever use this.
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:You know what I mean?
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:And, and they paid
thousands of dollars for it.
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:Hugh: Yep.
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:I mean, I mean we, we've heard
people say that their attorneys
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:won't even show it to them.
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:They'll just tell them kind of what's
happening, that they've been so scared
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:about the confidential language, they
won't even send it to their own clients.
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:Christine: And that was outta California
and we are talking with him tomorrow.
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:So if you're listening to this episode,
that one will ne likely be next, which is
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:out of California, like I said, where I
feel like we're baby California right now.
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:And then they do more of the te
types of team evaluations saying
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:they violated blah, blah, blah.
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:Then they were using clinical
tools in a forensic setting, which
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:is what's always bothered me.
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:They just put the word forensic in front
of a word they use and claim that It's
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:like forensic just means in court, right?
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:Hugh: Well, yeah.
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:I mean, you, we, there's a much
broader discussion about how
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:scientific psychological examinations
are, and there's, there's strong
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:opinions on both, both sides there.
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:But it seems like a way to try to make
it sound more efficient, more scientific.
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:Christine: More like important.
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:Hugh: But, but again, I, I think it, I
think we gotta point out that this is what
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:we're talking about is a motion that's
been filed in a case alleging things that
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:had happened in a custodial evaluation.
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:These are not our findings.
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:These are not things that we've read the
custodial evaluation, we've found them.
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:We're just telling you what's in a
motion that is currently in Division 10.
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:Christine: That's in a, a
matter of public record.
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:Yes.
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:And there's been two filed.
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:Then there's also the notion talking
about how the tests that were used
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:were u are typically utilized for
European, basically white people.
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:Which is very fascinating too, to think
about from a psychological standpoint.
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:Sure.
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:Because we have a very diverse
population here in Louisville, Kentucky.
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:Additionally, last one actually, I think,
no, there's like 17, I'm not kidding.
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:This is like so many bad
things, but identifying relevant
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:information in a timely manner.
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:This order to begin a custodial
evaluation was designed in December
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:of 2021, and so, and then the order
was entered, I mean the report report
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:was December of 2024, so three years.
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:Hugh: Yep, I've encountered it.
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:I've encountered oh, same a case
where we were all, we were about
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:four years into the case and
we still didn't have a report.
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:We had some preliminary, here's
probably what I'm going to find.
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:Yeah, that was with someone that was
appointed that was not a local person.
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:It was someone that we council had
agreed to use somebody completely
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:different than in, in the local scene.
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:But we were, we were all disappointed
that it, that process took much, much,
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:much longer than even, even locally.
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:Well, maybe not much, much longer, but
it took longer than we had experienced
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:here with, with people in Louisville.
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:Christine: But three years,
I mean, what's the point?
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:I mean, and the kids are just status quo.
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:Like what are the kids supposed to do?
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:Which shows Well, that's
what, what happened in
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:Hugh: the case I was talking about
the kids were Yeah, were teenagers.
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:And by the time there could have been
a report, the parties just acknowledged
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:that their, you know, the kids, at
least in that case, the parents.
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:But parents had done a good
job raising their kids.
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:And the kids, you know, it was sort
of set what was going to happen.
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:And, and they had like.
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:Their final year before they went
off to college and whatever came
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:out in a report wouldn't have
mattered anyway at that point.
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:Christine: Yep.
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:Hugh: But, but that one was $70,000.
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:The custodian guy was 70,000.
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:Mm-hmm.
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:Christine: I mean, that is kids school.
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:So interim recommendations, which
this has always bothered me.
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:I never allowed for it.
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:But the fact that it's saying
they're issuing recommendations
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:while they're doing their
evaluation, I mean, that's insane.
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:Well, and conducting
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:Hugh: mediations.
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:Before the report's done
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:Christine: insane.
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:That's insane.
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:Insane.
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:I mean, what is the point of
this being, you know, I digress.
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:Failed to find strengths in this family.
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:I'm gonna quote this one, then I'll
read the rest of 'em really quick
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:and we can do a deep dive because
I know it's been a long episode.
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:But this evaluation fails to account for
the family's overall, overall wellbeing.
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:There is an absence of mental illness.
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:Substance abuse or domestic violence.
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:It appears that the conclusions
are an over pathological
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:formulation of this family.
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:So y'all, there is a family in Louisville,
Kentucky that has had a, it'll be for
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:four years before they go to trial.
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:They're not going to trial till 2026.
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:There's an absence of mental
illness, substance abuse, or domestic
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:violence, and they're in this.
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:This is what's happening in family court.
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:Insane.
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:Hugh: Yeah, they get, you get stuck in
the system and that that machine just
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:grinds you up and never, never releases.
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:You.
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:Christine: Then last like use of
professional literature and oh, sorry.
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:Gatekeeping alienation analysis.
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:This is interesting.
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:We need to go down that rabbit hole.
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:Credibility, determination.
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:And last but not least, least,
methodological imbalance.
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:And that's basically saying you talk
to one party way more than you talk to
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:the other, which happens all the time.
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:But y'all, I did a, I've gotten so many
emails from people all over the country.
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:If you have Marvin or
McCreary or Catherine Burley.
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:Send me your reports and send me
your bills all over the country.
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:If I wanna see the bills for these
custodial evaluators, it is my personal
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:or my, my work like investigative email
is, it's Miller time Louisville at
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:Gmail, and you can send all your stories.
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:Please submit all your
stories to judge y.com
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:and I'm sure you have stuff you wanna say.
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:I just wanted to get that in there.
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:Hugh: No, no, no, I agree.
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:I think the methodological imbalances
or, you know, talking to one person
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:a lot more than the other, I think.
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:One of the ways that I, you know,
I found in my practice that that
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:was happening pretty regularly
and even if it wasn't, the clients
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:had the perception that it was.
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:Mm-hmm.
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:So one of the ways you would look
at it is, look at detailed billings.
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:Same thing you do with an FOC or, or
sometimes a parenting coordinator if,
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:if they're keeping billing records the
way they should, you should be able
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:to see how long their conversations
are and who they're speaking with.
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:But that was, yeah, that was something
I encountered quite a bit, I think.
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:I think we gotta say again.
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:What we're talking about here is
raised in a motion, not something
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:that we filed, is raised in a
motion by a litigant in a case.
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:It rang true to us because of what
we experienced during our time as
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:practitioners, but it's something
that I think the public needs
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:to understand a lot better how
these custodial evaluators work.
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:I'm, I'm excited to, to dive
into this, but the, the.
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:Allegations that were being discussed are
being made in public record by a litigant
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:in a case that we're not involved in.
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:Christine: Yes.
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:And to connect this to Orange
County, there was an evaluator
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:out there that's currently being
investigated, and that's how the
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:parents that I interacted with had met.
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:But out there, this is Dr.
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:Reinhardt.
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:This is all public record.
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:Never met this woman, but
a custodial evaluation and
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:allegedly, according to this.
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:The father was given the children,
and again, according to if you Google
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:it this doctor was accused of SA
and was criminally charged for it.
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:So again, a pattern that I do not want
to see come to Louisville, Kentucky.
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:Hugh: yep, agreed.
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:Christine: So, all
right, y'all, judge-y.com
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:Kentuckychristine, on all platforms
for me, Judge-y on all platforms.
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:YouTube, Instagram,
TikTok, and thank you guys.
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:Hugh: Thanks.
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:Peace.
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:Speaker 4: Next call.
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:We need some
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:Speaker 5: justice, justice, justice.
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:And I wanna ring bells in public.
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:I wanna ring bes in public nor crowd.
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:Yeah, but I To the fo Yeah.
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:I To the fo Yeah.
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:Speaker 6: I to the fo fo
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:teaser.