Guidelines for the Use of Social Science Research in Family Law

• DOI: http://doi.org/10.1111/fcre.12403
• Date: 01 April 2019
• Published date: 01 April 2019

GUIDELINES FOR THE USE OF SOCIAL SCIENCE

RESEARCH IN FAMILY LAW

AFCC Task Force on the Guidelines for the Use of Social Science in Family Law

PREAMBLE

In recent years, increasing attention has been given to social science research in family law

1

—

especially how it can inform professional practice and contribute to “best interest”decisions for

children. Social science research is defined here as knowledge claims or general assertions about

children, parents, and families in their social context that are derived from data gathered using one

or more of a wide range of scientific research methodologies. Recognized scientific research meth-

odologies involve description of the population of study and systematic, transparent, and replicable

methods for ethically collecting and analyzing data and reporting the results of studies.

Vigorous debates have occurred within publications, professional conferences, and individual

cases about the extent to which social science research claims are more or less well substantiated by

research data (versus being speculative, untested, or based upon erroneous assumptions).

Some debate is expected and useful for deepening our understanding of children and families;

however, unresolved differences in the family law field can also magnify conflict and confusion.

With more contentious issues, unresolved, inconsistent, and competing research claims and asser-

tions may, in part, reflect misunderstanding and misuse of research data.

In 2016, then-AFCC President Marsha Kline Pruett appointed an interdisciplinary task force to

develop guidelines to promote critical thinking about effective, responsible, and ethical use of social

science research in family law–related education, practices, programs, and policy making.

2

The

two-year process of task force meetings, drafting, and revision gave rise to these Guidelines for the

Use of Social Science Research in Family Law.

AFCC does not intend these Guidelines to define mandatory practice. Rather, they are intended

to provide family justice practitioners with guidance, parameters, and boundaries supporting the

responsible use of research in family law.

Feedback received throughout the process made clear there is not universal agreement about

when and if research should be used in family law. Many family justice practitioners value the gen-

eral trend toward evidence-informed practice, recognizing the importance of anchoring life- chang-

ing assertions to the most objective sources of knowledge available. Others commented that family

law–related research is of insufficient quality and quantity to be used to support specific recommen-

dations on various issues, e.g., parenting time, effects of relocation, or quality of parent-child rela-

tionship maintained predominantly through technology. Still others warned that, because research is

often derived from group data and focused on majority populations, it may serve to reinforce the

norm, to the detriment of the individual child and minority groups.

The Guidelines themselves take no position on what research methodologies should be used,

e.g. qualitative or quantitative. Rather, they focus on helping consumers of research think critically

about research claims and recognize the constraints of research methodology. This will enable fam-

ily justice practitioners to better present and challenge research claims in individual cases, educa-

tional settings, legal matters, and policy making.

Correspondence: splatt@luc.edu

FAMILY COURT REVIEW, Vol. 57 No. 2, April 2019 193–200

© 2019 Association of Family and Conciliation Courts