Jeffrey Siegel

Non-disparagement clauses have become increasingly common in divorce and child custody agreements, aiming to protect minor children from the harmful effects of parental conflict. However, non-disparagement clauses are frequently scrutinized for potentially infringing on First Amendment rights. How do litigants, and their representatives, balance th...

Accurately perceiving time regarding events that happened in the past is not easy. Yet, this ability is critical in law, and particularly in litigation regarding child abuse. A child's organic, cognitive, and memory processes must function properly. The ability to describe an experience to someone else is a very complex process. Descriptions of “wh...

The interplay between power and inadequacy within the mind of a narcissist creates unique challenges in family law cases. Narcissists have been described as tending to have high conflict personalities. Self-discipline is crucial to resist reacting to each and every provocation that a narcissist will launch. Make positive choices as to when to respo...

The recent case of J.M.P., Jr. sets an important precedent for future legal decisions regarding mental health and ownership of firearms.

Lawyers and mental health professionals jointly deal with a variety of people. Does the obligation to maintain client confidences extend beyond the client/patient's death? This article explores the nuances of these key professional obligations, their ethical foundations, and how these obligations are impacted by legal processes and publicly accessi...

Communicating with individuals who have been diagnosed with Borderline and Narcissistic Personalities (BPD) (NPD) requires specialized strategies and heightened awareness for the parties’ attorneys.

Lawyers and mental health professionals use labels in developing their cases and child custody evaluations. Labels can color the case, and create a predilection for confirmatory bias. Drs. Siegel and Gottlieb along with attorney Elisa Reiter explore the use and misuse of labels, and how to dig deeper in cases involving allegations of parental alien...

According to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the “new parent” and the eyewitness is their stepchild rath...

The term “child sexual abuse accommodation syndrome” (CSAAS) was initially coined by psychiatrist Roland Summit in 1983 in an effort to understand the various ways children react to sexual abuse. From an evidentiary perspective, not all states recognize CSAAS as admissible. Indeed, CSAAS is not recognized by the American Psychiatric Association or...

Tragically, a court makes a misguided decision in a particularly contentious custody battle. After the decision is finalized, one of the parents harms, or even kills, their own child. The innocent parent whose child’s life has been adversely affected or cut short, berates the custody professional. While the innocent parent’s reaction is understanda...

In cases involving minor children, we sometimes vary from standard operating procedure regarding how testimony can be presented, as well as stretching boundaries as to whether the witness is developmentally capable of presenting testimony. Should such distinctions continue? There are two overarching concerns regarding child witness testimony – comp...

Consultants can help litigants learn to better adapt, to communicate politely and succinctly, and to help give children stable homes and healthy choices. Should their artistry be disclosed in discovery?

People have an inherent impulse toward empathy. That drive can be nurtured or squelched during any legal process. This article presents a discussion on conflict and suggests how attorneys would be wise to learn from mental health professionals about how to best serve clients with empathy, attention and respect.

It takes just a few data points to portray the dissolution of too many American families today. Family court judges have difficult tasks. They must be exemplary knitters. Facing tensions, family court judges constantly try to cable together rulings that serve the best interests of children.

Lawyers who handle cases involving custody disputes should be aware of a new law that impacts how child custody evaluations are to be conducted.

The corruption of a child’s normal role in the family unit can increase the child’s risk of dysfunction—socially and emotionally—when the child attains adulthood. When a parent begins to rely on the child for emotional support, especially in times of conflict within the family, and the parent comes to depend on the child for emotional support and p...

Narcissists do not just feel overly confident they will win in a custody hearing; they feel entitled to win. To counter a narcissist's divorce strategy, it is imperative to have a clear picture of who the narcissist is and be prepared with a knowledgeable, experienced, and proactive attorney. But the word “narcissism” is rampant in family court. An...