WF~- Child Custody Part Two

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Tue Feb 15, 2000

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WFAA >LOCAL NEWS

Child Custody Part Two

Dallas Feb 15 --A Kentucky mother says a Texas psychologist falsely branded her as having a "below-average" 1-Q ... and non-existent mental illnesses which cost her custody of her kids.

The woman graduated Magna Cum Laude from college.

News 8 continues its investigation into the growing controversy of using court-appointed psychologists in child custody battles ... with the story of a mother who is fighting back.

It was Robin Duckworth's ex-husband who taught her the value of recording everything.

"I mean, I would never have thought about taping if Ed hadn't taped me. And Melody East took the tape to the judge .. and they took my children away from me. I figured, Boy, tapes are valuable. I mean, look at what it did for Ed and his attorney," says divorced mom, Robin Duckworth.

Robin has collected dozens of audio tapes over the past two years in an effort to show what she considers serious irregularities in the way a judge and a court-appointed psychologist have handled her case.

She says they've gone a long way to proving that she's not crazy.

Robin added, "A lot of people have helped me stay focused and if I had not kept such good documentation of everything, there wouldn't be a hope that anyone would believe me if I had not.. if I had not done all those things. And, if I had not remained in control. Because it's a choice that I make, Valeri, and I learned that when all this started, I make the choice to stay sane. With all that's been done

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GREAT FOOD, MOVIES. and EVENTS

WIN

to me, I could go off the deep end and nobody would blame me."

There are couple of things you should know about Robin Duckworth before we play key exerpts from this tape secretly recorded by her Ex.

She is a practicing Christian ... and she's upset that the judge had ordered her small children be shuttled 1200 miles between Texas and Kentucky every week.

When her ex-husband comes to pick them, both children-- under the age of two-- are sick.

"You're not going to get away with this, Ed. God is not going to let you. I pray God takes your life if you don't turn to Him and stop this nonsense. I'd better not find these children in the shape they were in last month. I'm tired of having to go to the emergency room, that is ridiculous," Robin is heard to say on the tape.

At no time does Robin threaten any physical violence, but she does call Ed's parents "demons".

Rockwall Judge Sue Pirtle refused to comment on camera, but she did tell us in chambers that the "demon" comment and Robin's statement that she "prayed" Ed would die .. caused her to issue a temporary restraining order restricting Robin's access to her kids.

After that, Robin's religious beliefs became a target for Ed Duckworth's attorney and others.

Valeri Williams talked to Ed Duckworth's attorney, Charles Schurenberg.

Valeri: Outside of that tape, what demonstrates that Robin Duckworthis unstable?

Schurenberg: Absolutely her psychological interview with the psychologist. And her testing with the psychologist. And, she's got a thought disorder, she's dillusional, she's got all kinds of problems that scared the psychologist to death.

Carla Herren was court-appointed to psychologically evaluate both Duckworth's in their custody fight.

She declined to talk with News 8--citing patient confidentiality.

But Robin Duckworth says Herren focused the majority of the interview on radical questions about her religious beliefs.

Valeri asks Robin:

Valeri: Do you feel like she was trying to paint you as crazy?

Robin: Oh, without a doubt. There is not a doubt in my mind. I know what we talked about. And her mental evaluation .. the day I got it took my breath away. I said, "She has gotten my results mixed up with someone elses. There is no way this is me.

News 8 contacted three American Psychology Association experts about the tests Dr. Herren gave Robin.

All three stated that she had used an old version of one test that hadn't been updated since World War II.

They also told us that Herren's use of a certain personality test could be easily misconstrued to portray a parent in a custody dispute as mentally unstable.

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Live

More disturbing is the discovery of changes to Ed Duckworth's report.

Although Herren was the court appointed psychologist.. another colleague in her office actually performed a lot of the evaluation.

Herren admitted to News 8 that she misread his notes and included a serious error in the report. It was later retracted.

Valeri Williams questioned Charles Schurenberg about the discrepancy.

Valeri: What I am asking is .. this psychologist made a pretty big mistake in your client's report. And you don't think that she could have made a mistake in Mrs. Duckworth's report?

Schurenberg: I don't think she made a mistake in Mrs. Duckworth's report

Valeri: But you don't think it's a possibility?

Schurenberg: I'm not asking .. There is a possibility that anybody could do anything in any report.

Less than a year before Ed Duckworth filed for a divorce in Texas ... he filed for divorce in Kentucky .. where he volunteered to give up custody to the kids because-- as he told the court-- Robin was the "fit and proper parent".

But despite flaws pointed out in the psychological exams, Judge Pirtle told News 8 that she still believes Robin is "sick", "manipulative", and "dangerous".

Robin just wants someone to look at the evidence she's collected.

"I have two babies. God gave me those babies. I carried them. I gave birth to them. I love them. There is no way I would ever give up. I'm never going away. I know that Judge Pirtle would like for me to go away. I know that Ed would like for me to go away. I will not go away. I will never go away," states Robin.

Tomorrow night, News 8 Investigates looks at fees of court appointed psychologists.

Reporter: Valeri Willliams Copyright: WFAA 2000

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Rockwall Chronicle Rockwall's onl}' tlome-Owru-Ht NeW5fHtper Wednesday, March 3, 1999 50¢

Custody hearing ends with n1other in jail Jly J\1nr r Cecil and nirh 1'\f.,nm

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Chronicle photo by M~ry C.Cil

Rotarian Roy Hance presents the Rotary Policeman of the Year to Johnny Solis of the Heath Police Department. Heath Police Chief Dennis Watson is at right

Hearing, from page 1

dren in Rockwall," Duckworth said. uBut she is aresid~nt aad I':n from Kenrucky!"

Further ~mplic~ting the issue9 Duckworth • s request (or a super­vised visit with her children was denj~ this week by :he court ap­pointed monilor of suer. visita­tions. Tish V t:rde. ·•Tish Verde ~old me ~har she

wanted norhing to do with me. Tnat she would not lc:t :ne :.ee my babies." Dl.lckworrh reported Tuesday. During Fnday 's .:ourt hearing

Ms. V ~rde, o-v. ner of Time To­gether, a company thnt supervises court ordered closed visitation, said that ~he wan2d Duckworth~ s visitation to be limited •o the Heath Police St1:ion. fes.r!nf!, she said, the opportunity fur s;;)ml!one to ~I! th~ =hjidren f:-om ;:Jubli= plac~s. Sht= told the court ~he had nat yer talked to r:he Heath Police! about the 1dea. Verde haJ been directed tu make visitation avaU~ able to Mrs. Duck~orth on ~ regu­lar basis by the cowt·previously.

In an interview Tut!sday, Ms. Verde said that she had been con­tacted by Mrs. Duckworrh on Monday and that she refused to

participate in any visitation be­tween Duckworth and the cltil­dren, because she felt uncomfort~ able and unsafe in Duckworth's presence. She added that she had fears that Mrs. Duckworth would try to take the children back ro Kentucky if she had tile opportu­nity.

Over the last four months, ~frs. Duckworth visited with the:: chi!· dren only twice and was cnticized for h~r failure co visit ruore often. r-..1rs. Duckworth maintain~d thar th:: infrequency of her visits were due Io 1-fs. Verde7 .i reluctance to oversee the visits. .. l don't k.'low how I got to this

point in my life. rve been criti­cizt:d over m;. relig1ous. convic­Lions and \\there 1 live. yet I meet pecple every day who have l~s ~ducation, who usc drugs and a.l­coool and who never go to church and they have their babir:s. I don't know what I've done so lerribiy wrong,~ Duckworth said.

• Rockwall County

Photo Date : 02/26/1999 SO# 71288

Photo Time 06:39pm PID 3571

Name DUCKWORTH, ROBIN KARR DOB 06/12/1961

Hair: BLN Eyes: BLU

Sex F Hgt 5'7 Race w Wgt 125 Eth

Build: SM (SMALL) Compl: FAR (FAIR)

SMT Desc :

NDV-04-2004 15: 32 9?28820229 9728820229 P.02/06

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COUNTY COURT OF ROCKWALL COUNTY, TEXAS

CAUSBNO. C...1t<l 9- "0;.\.13

THE STATE OF TEXAS vs::t5eb ~ Jl... K.. 41-t" r b\.\,.....k. ~Q(" ~ DATE .3 · fta-'~

PUNISHMENT RECOMMENDATION

1t • ...,.. • ...., 10 tbo 0:ut tUt: MAR 18 1999 PUNISHMENT SHOULD Bl! ASSESSBD AS POU.OWS:

t. ~Jc:... 7 .in tbeR.OCIC.WALL COUNTY JAB.. -Crc..tl"'} l ~.., ~SocJ- FINE

Q. ~ \ "t. ~S COURT COSTS

IF Plt.OBA T10N IS GRANTED. ADDITIONAL CONDmONs ARE: ( ) PROBAnON ia ~fbra period of . ( ) DEF.ERRED ADJUDICATION OF GUU.. Till f"'OCIIUUlCaCic pursuaauo 41.12. ( ) Paymeatt ofiESl1TtJllON in fill amamt oiS paJible to·--~----'

' ( ) Payamt of .PINE. ( ) hymoDt oCCOOR.T COSTS wilhiD fhiRy (30) ~of~ pwlpcmt ( ) PI)'QICIIt olPR..OBA TJON SUPBllVJSOllY FEE of$40.00 JW moath. ( ) TIME PA YMBNT PLAM PEE of$25.00 within thirty (30) d.,. ofjndr-' ( ) Drivc:r-•sl.ir.cnle SulpeDsioD. for ( >~·~~~~------------------· ( } Pay SlS.OO to Crime SIDppen widUD 60 ~ oflbc judgment ( ) hgira ofCcxmnaaai&y Bile Scni01:1• Lbe t* of 10 bola parmcah. ( ) D.Wl. ~OffmdcrF.ducldoD. ( ) A1colloJIDnla EvalultiaD. ( ) Serve • falP in jail of day• a tibva: { ) .IDs&all iDtc:rlock devico on dofeadaat's vcbiole or vcbidc IIDit .recuJarly drhocp by dcfondant. ( ) Ccmplllc Drua Offcada's Program. . ( ) Atlormy ra. of$ to bo paid within-days. ( )

AllpGie111'.1-:m~lti-IDd7t.blt-=--sn.=-·--::-tbo-w-aat~tbat:--tho-:--:COlll't:---leJ"'"':,ecta-~this-:-. --.--=at,-~&bo=--=l.W:mdln:-:: t 1ril1 be pcrmiUICI to

withdraw his plea and no statcmmt or oiba' eYiclaa RIOII!ived cbuins the plea may be etfw;rted apinlt tim clc:Gnf...t 011 tb: issue ot auilt or P"'isbmcn« ill my sub8oqud c:rimiDal pccaccliqs, ia ~with Art. 26.13 C.CP. ~if tho Courtaeb punisl.meot at or below ttanoommendation. all pu1itl ~ that no appeal is pouiblo wUbout the pcmdssiaD of the c:ourt Wllcss baed Oil modons ~ fih:d.

COUNSEL FOR STATE

ATTO:RNBY FOR. DEPENDANT

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10$ab\ .... (d.r r Y""-C.l.~.rtfl.. Pursuant to Art. 26.13 C.C.P .• Your an: lleR!by admaaitbed in wrilins:

1. You are hereby ~Ia ~

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9728820229

DeCcadant

[ J CLASS A MJSDIMBANOR: a rmc d to c:xcecd S4,000; conJiJifmlc:nt in j.U for a k!nn nat lo exceed one year. ttr both ~a njail ce~~&n.a.at

a.ASSB MlmiMEANOJl: I fine noliO ~ $2,000; contiocmem in jail ~ 111Ctm nat lo cna:ec:d ISO da.JIIj or both fi llldjaihanhacat. .

[] C'LASS C MJSDDIEANOR (API'EIJ.,)z a r" nottoocead SSOO. ' 1) DRJVJNGWJUI.EINTOXICATBD (hi): a iine not to.cxcccd$2,000 IUid=n!'lnlli!M!I1t in jail not less than 72 IIOUI'='

andootaxnth;m IIOdays. Yourdi'MnUcenlcm.y buuapendcdupiOOCJOY=. [ J Driving While ( . .-tosi~ted (2nd): ~ rme not to cxcccd S4.CJ». IIIUI c:onfineli1Cilt in j:u1 nat less than 30 days tmd

not more than OftC yw. Your driven llacnso JJ11.Y be suspended up ld l\VO )'CII'I. [ ) .If~ DWI Oae); wltcrc Ill opGa CIODtaiMr is liiJotcd. the nriAimam jail conf'IPCm&D is 6 dAJs, () DIUVING MOTOltVEHICLE WHILE LICENn JNY A.LIDI SUSPENDED; CLASS B MJSDIMUNOR.

a miMmn of$100 fino;amcdlnamo!SSOO fUJC and oonltnc:meminjoa1 DOt less than 72 bouts.mdrd lO r:ccaad l80daya. [] 011JER:

3. PLEA 1WlGAINS: 1f110 plea bll&'pin exials,lhc ~on o(thc prosccu!Ulg attomey is llOC binding oa tbe Court. It a plea bqamdocl c:mt lhe ccut will inbm )'UQ wbelber it will fbllow lhe ~t In open court 1114 bd'orc 11111 finrlin; on Y'V plea. Should lhe court rojcct Ute 1~ you wfJI be permitted to 'Wil.hcfraw your ploa if' you desire.

4. PERMISSION TO .APPEAI.c ICihcpwUhmcri asa::sscddocs nOt exceed the puaisbmcnt ~by tbe prascculur and lllll'lOd fD by JOU,Ihccourtmmt p ira pami.aoo to )'OU bctorv you~ J'II'O.'ICCille an appenl on any maUQ- in tho cuo CXCiqll ror ~ r.ised by writra motioa rued prior to lriaL.

5. Crr.rzBNSIIIP: Ityau a noll ck.trcn oflhe United SUites of Alnc:rica. a plea of0w1ty or nola <XXllaldcre rot this oll'cmlc 0'14)' n:::mlt in dcportotioa.lbo excbian Jtom admission 10 tbis coi.anuy. or Ole deni•l ofrunurt~lit.ation uad« f«JcruJ l.nv.

6. DEJ'ElmED IJ).WDlCATION: ICdtcO:utdcfcaadjudicalioa aryour ;uwlla:f placc:syoucnprdxalion, on violation of may intpoeed C(111dilion, )tll1 ay bt ~~TCStcc~• ckuiced as provided by Law. You will then be ~dod 1o a bc:arin& Jimited ro llte ddermiaaticll by the coortci~topoccr.d wid\ 111 adjudicalf<Xl ~ SUfh en lhecripl ~ No lf'PCDl mAJ be tlkcn tom dlisdclcrminauon. ARcr adjudicetioa ol pUr. Gil proecedinp, ~~~of punishment, prcnouncc:mcut afsaltcn"­gnmting of probation rmd JOU!' ri&ht 1o appeal continue IS if odjudicatio.t Of pilt had Dell~ dcfemd.

7. DEFENDANT'S RJGHTS: The defendant wu ~ anci'SI.''IIod undcr!tandins afthc folt~wing ri(lhL.;. To a ~r public tri31 by 1111 il:npnal july. To domMd ~lanalion oC'Ihc BaiUrC and cause ol'tb~:: ~lion. To have a C!C1f1Y ot'd\tJ acmauitln. 1'onctbccompclled to givceviclcncc. To bcbaard in pcr.o1orby .. tomcy. Tobavc a lawyer appointed ron-cpn:sc:nllltiM irb: L~ unable to hiro OQir. Ta be ccnl'tcnfl!d wilh tile ,,ft~ncsses fer the &ate. To cross-ex nino any wimqsscs. To have wilnc:m:c l!l be t:attcd ro lellitf, Toi'DGkc bond andbcrclcuedfranjailUDlillriallime. Tobmvcallclst 10 daysfiam 11111!S1 unrillbcCG.1C ill bmJsbt tolri:&L To apply f« • probalad scnlcnce. j(di'"'Je. To plc:ad JUilly,DOl pilty. or no~ bd'an: lho Court or a Jury.

Toobjcct.lodoo~ot-.,.bJoo~DdoM~o.wriUon,__~,'""'"".a.."-.......,ln $Up(XXU~shc~bydiG*fc. ~ 11-.:, I/)

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NDV-04-2004 15:33 9728820229 8728820229 P.04/06

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Comes now tbc dcJCndul illl.d 5I$S thiL I ~tho~ txfmonislJmcnls 1ioDs the CGut1 and ;m aware of the causccp~C~a$ of my plea. I furlbct staCo &ba lam a:a&ally Clllq)dcat .aad daat Ill)' plea is hcly •ad voiiiiWu'ily aErcd. 1 also waive mel giVG up uadGr Art. 1.14 C.c.P • .u riJbts given ro-= by ,..,, wbctbcr or Corm. substlllcc or ~. I waive a!MI siw up my rish&s in this cue uader Art. 1.13 C.c.P. J waive IIUS ~up lbc tisht to ~nee. coofroalaliaD and ~nation oftbc wiltlcsscs • ten days to pmparo for lriaJ alid l c:onsentto oral and wriucm stipulalion5 of gyidanr;c.

. JUDIClALCONF.ESSJONANDWAJVEROFRIGHTS

I 1Urthcr s&a&c clW I have road lbc Iodic&mau or lntormaticm rued io Ibis .::-= and lhat J oommiUcd each IDd C\'ClY alloplion it cxmaains. I w pilty of lllo oCfcnac aUcsod as ~u as Ill Icsscr frdudcd oCli:Asel. I swear ID alllhc Corcsoina a1CI I tw1hct swear that lllllCStimooy J Ji¥9 in the ease will be die f.tUlh, Lbo wbo1c rturh ami no&hitt8 but the arulh, so help me Ciod. I also s&.a~c Chat any ~ aJJcaolions • uuc. I wa.ivo aD rights coo&oincd in this acbnani&llnlCnL llu&~c b= 41dviscd by the RockwaU County Court or my ri{lbtlo tcpl'CSCDtltioD by cowsd in dJC aria I ofcllC c:J:wsc J)alding 4piosl me. I h;m: be= Wrshct .m.cci &hat if lam unable to afford OOWIICl, OAC will be appointed for me he or clwsc. ~my risfu. lo have caunsd appoinlcd tor me fRe or c:hltF i!l111n .notllnaacial)y able Lo cmplo)l c:ounscl. I wish 10 waive Chat riSbt ilDd request lbc court to JHtiCXll,ld wi&h mr CiiiC without an auamcy bcina appoUwd for me. J hereby waive my right to and cn1cr plea.

Swom 10 and .subacribcxllo bdOtc me on &bis cfa&c: ____ .:...~8~-..-,LU;:._o~ ...!'l...Lti ____ _ ..... !

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9728820229

P. FILED FOR RECORD -~lA.ETTE BUFrl<s, COUNTY CL EBK

AOCK'NAU COUNTY, TEXAS

MAR 161999

110. CltSill-0273

PAGE 1 o:r 2

9728820229 P.05/06

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9'?28820229 ..... 9728820229 P.06/06

ftiB STATB OP DDS vs

.NO. cat I ooo0273 Dt 'l'IIB CO'Dit'n CICJURI:r 01'

· ·~ • · WCICWOJlft, ltOBD D1tR ROCKWALL C!OUI1ft'' ~

' :rT :rs '1'HB OJtDD OP 4JIIB COURT t:ha't. i:he ... 14 Defendant, vbo l::aaiJ bean a4jQ4c)e4 't.o be GUilty or tbe orrenae or

CRIJmfAL ftBSP.US be and U henby MDtucecl to CODtiDeamlt in the Roelafall County jail for a

of 1 days ud a fin. of $ soo. 00, c:oart CO.t 1n the of $ 214. 25 aDd t!ae St:at:e of ~· do have and reoov.r of said.

.t~~~~~ all coata of thia proeeeution, for Vbieb •x~ztioa .. Y ia•u• ..,.~-~ the property or aaJ.4 Detqdaftt, W tlla"e tbe DeteDdant be del.ivared.

Sbwit't ot Roc:1ktfal.l CcNDty, '!au, to 1M confu.cl in tbe County jail ~ aft4 for t:he periocJ atar.-icl.

Mid. Oe~eDdant 1• al.1oved 1 daya oredit upon tllla .-nt:mu:a aince the lat!;=tlt~ of u:r•~ and eonfi~t !linin.

Court ordera re•titution in the aount of $, ___ _ be .. de payabl~ to ....

·~*'f'·l· ,:;The Defendant valved. appeal in open Court • • • , -t. •• "' .... ·~

··DeED thla the £<Jay· of: ~ , ~· ,

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WFAA.COM- News 8 Investigates: Child Custody wysiwyg://23/http:/lwww. wfaa.cornlwfaa/articledisplay/0, 10 14,5390,00.html

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Tue Mar 14, 2000

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WFAA >LOCAL NEWS

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News 8 Investigates: Child Custody

DALLAS Feb 14 -- Nearly one-fourth of all divorcing couples go through some sort of battle over who should have custody of the kids.

What many mothers and fathers never suspect is how easy it could be to lose their parental rights.

In a bitter custody fight, court-appointed psychologists are supposed to act as a neutral party to evaluate both parents through a series of interviews and tests.

But there are strong allegations from mothers and fathers alike that some of these psychological evaluations can be biased.

Our investigation begins with a look at what many parents claim is a way to deprive them of their children by making them appear to be crazy.

A divorced mom we'll call "Susan" knows first-hand the power a court-appointed psychologist has to sway a judge and jury.

"It seemed like all the decisions were left up to him," Susan explained. "Whatever he said was the way the court did it. But no other testimony or other psychologist or even the truth was allowed to come out."

Susan lost custody of her two sons three years ago after reporting that they made outcries of sexual abuse against her ex-husband -- charges he strongly denied.

In a video submitted as evidence in court, Susan's oldest boy talked with a caseworker:

BOY:" .... it's real bad." CASEWORKER: "Your dad did something that's real bad?"

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BOY: "Uh-huh" CASEWORKER: "What did he do, sweetie?" BOY: "He touched me right here."

One of the state's leading sexual abuse experts wrote a report stating that "Susan's ex-husband did something inappropriate if not abusive" and that the "child began to recant after being threatened" by his father.

Yet, Dr. Jeffrey Siegel, the court-appointed psychologist, testified that after interviewing and testing the family, he believed Susan had coached the boy into lying about the alleged abuse.

Susan said she took and passed a polygraph exam three times in one day to deny she had coached her son. Dr. Siegel refused to put that information in his report.

However, he did omit important negative information about Susan's ex-husband, who Siegel concluded was the better parent.

Nowhere in his evaluation does Siegel mention that the ex-husband beat another woman badly enough to send her to the hospital or that he pleaded guilty to a misdeanor marijuana charge and received deferred adjudication.

Judges and a jury ultimately granted custody of the boys to Susan's ex-husband, who declined to be interviewed for our story, as did Dr. Siegel, who cited patient confidentiality concerns.

But News 8 has learned that prior to being appointed to Susan's case, Siegel had gone through his own bitter custody battle, and some believe it may have affected his objectivity in other cases as well.

Caroline Walker is a 19-year-old honor student at Southern Methodist University. Siegel was the court-appointed psychologist in her parents' divorce, which has the legacy of being one of the longest, most expensive custody wars in Dallas County history.

Each side spent more than $1 million in the fight.

"He had us so scared," Caroline Walker said. "I just remember a feeling that I have never felt in my life."

At age 9, Caroline and her sister told Siegel during a counseling session that they wanted to live with their mother, but Siegel was siding with their father.

"He grabbed my sister's hand from across the desk," Walker said. "My sister was about 13 at the time, and he put it up on the desk, and from the other side, he put the knife to her fingers -- the edge, the sharp side -- and told her that he was going to cut off her fingers to see if she could feel pain, because he didn't think that little bitches like us could feel pain."

Again, Siegel denies any wrongdoing.

A guardian ad litem present during the session told a state investigating board that "while (Siegel) had a knife in his hands" she felt the girls were in "no danger".

However, this was not the first time a parent had filed a complaint.

One year earlier, a father reported that Siegel had also scared his son with a knife.

The State Board of Examiners of Psychologists dismissed both complaints.

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As for Susan, she believes a home video demonstrates what she was up against. It was shot by her ex-husband after visits she had with the boys. He played it in court trying to prove that she was manipulating them.

One hot summer, Susan gave her son a burr-haircut. In the video, she asks him if he likes it. "Uh-huh," he replied.

Shortly after that, the camera clicks off and then back on again. This time, the interview has different results.

FATHER: "It doesn't feel good, does it?" BOY: "Uh-uh" FATHER: "Do you like it? Your mother didn't have to cut your hair like that... I'm sorry. I would never do something like that you."

Siegel said he saw no evidence that the father was manipulating the child, but his accusations of "coaching" against Susan convinced the court to restrict her access to her sons.

Today, Susan can see her children with someone supervising-- at the cost of $40 an hour.

After years of fighting, Susan is broke. "I'm afraid to ask for too much. I'd just like regular visitation on the weekends with my children," she said, adding she has given up trying to get custody.

It bears noting that in Susan's case, Dr. Siegel cites five other health professionals who concurred with his evaluation.

However, in a tape played for News 8, at least one of those professionals-- a Child Protective Services caseworker -- denies making such statements.

Dr. Siegel told us that about 75 percent of his business comes from court referrals.

In our next report, we will profile one woman who is fighting back.

Reporter: Valeri Williams Copyright: 2000 by WFAA-TV Co. All Rights Reserved.

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Tue Mar 14, 2000

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Questions Raised About Court-Appointed Psychologist

DALLAS Feb 16 -- Some parents involved in bitter child custody cases allege that they have been victims of biased and erroneous reports that make them appear to be unfit -- or even crazy.

The costs of most court-ordered evaluations start at about $1,500 to $2,000 for each parent, and can easily escalate from there.

In most custody fights, each side is required to pick up the tab. As our investigation uncovered, it can be quite lucrative for some court-appointed psychologists.

A good portion of Dr. Clifford Kary's psychology practice comes from court-ordered referrals. Most are paying clients, but in 1998, Dr. Kary submitted bills for eight custody cases involving indigent clients, which means Dallas County taxpayers picked up the tab for $265,000.

"That is an alarming figure for that number of cases," said Family Court Judge Craig Fowler. "It got my attention when I took this bench and saw that that kind of numbers were accumulating."

All eight cases were out of the 255th District Family Court where Judge Fowler presides.

Fowler said his predessor -- who Fowler beat in an election -- had appointed Kary to those custody cases. "To take him off of those cases on my own motions ... and I really didn't have any grounds to do it... would have meant getting someone else involved, going back and re-doing the evaluation, probably additional costs to the taxpayers and probably additional time to the parties, and these cases need to be tried when they need to be tried," Judge Fowler explained.

• Raised About Court-Appointed Psychologist wysi wyg:1119/http://www. wfaa.corn/wfaa/articledisplay/0, 1 014,5424,00.html

In a week-long investigation, News 8 discovered that during the same year--1998 -- bills from all other psychologists used in all of the other Dallas Family Courts totaled less than $20,000.

Dr. Kary has refused comment on camera, except to say that his invoices explain everything.

But our investigation of his bills raise more disturbing questions.

If Dr. Kary were to work six days a week, all year long and never take a vacation, it still wouldn't cover all of the hours he billed to the court on just these eight cases.

Kary admitted to News 8 in a telephone interview that he had been involved in other court referrals during the same time period.

Tena Callahan is a Family Court attorney who mostly represents fathers in custody battles. She is concerned about how easily some psychological evaluations can be manipulated into making a parent seem unfit.

Callahan said the biggest factor in any evaluation is who is doing it. "If you don't know who the psychologist is, you don't know what his track record is.

"I think you can make somebody who's on the edge or very emotionally upset or traumatized by the event -- under pressure, both emotional and psychologically and financially-- make them look like a nut," Callahan said.

Our investigation found that according to Dr. Kary's own records, he was spending less than one-third of his billed time with the parents he was ordered to evaluate. There were, however, more than 200 entries of him talking to lawyers and retrieving phone messages.

"The best interest of the child is what the court is looking to," said Callahan, "but oftentimes the child gets lost in the mix. Whenever these two people are at each other's throats all the time, you really need to be concerned if you've got a special case, because you don't know whether or not the court is going to get it."

Reporter: Valeri Williams Copyright: 2000 by WFAA·TV Co. All Rights Reserved.