The importance of cultural sensitivity in forensic psychology for high-conflict families
By Natasa Ninkovic
In the high-pressure environment of family court, forensic psychologists routinely work with families involved in highly emotional and high-conflict custody disputes. Cases of this nature demand that evaluators do more than interpret facts; they must navigate complex family dynamics, parenting styles, and child development—all areas significantly shaped by culture. It is precisely for this reason that cultural sensitivity and humility are not only preferable, but essential.
Cultural sensitivity has been defined as the ability to identify, honor, and incorporate a family's cultural norms, communication styles, and values into the assessment process. Its counterpart is cultural humility and involves ongoing self-reflection, recognition of one's own biases, and openness to learning from others' lived experiences. Together, these models enable clinicians to actually understand the unique circumstances of each family and prevent assumptions that could lead to negative outcomes.
Why Cultural Sensitivity is a Forensic Imperative
Families from diverse backgrounds often have very different ideas of discipline, communication styles, child-rearing roles, and emotional expression. A forensic psychologist who operates without cultural sensitivity may pathologize parenting practices simply because they are not consistent with Western or mainstream norms. For example, shared caregiving through extended family members—a common practice in many cultures—may be misinterpreted as parental disengagement if not appropriately understood. Misinterpreting these cultural dynamics can lead to negative outcomes1. These can involve outcomes such as recommendations to separate a child from a caregiver based on a misunderstanding, placing a child in unfamiliar settings, or overlooking significant strengths within the family system1. This risk is heightened in high-conflict cases where trust is often limited and the court relies heavily on the evaluator's findings.
Practical Applications of Cultural Sensitivity in Evaluations
It is a practical necessity to include cultural sensitivity in forensic psychological evaluations. Some of the ways this is done are as follows:
Adapting Interview Techniques: The interview method and questions can be adjusted according to cultural beliefs. In some cultures, indirect communication or deference to authority is customary, and these factors must be considered during interviewing in order to obtain accurate information.
Using Culturally Appropriate Assessment Instruments: The selection of psychological tests that have been normed on diverse groups averts biased interpretations. Tests must take into account language, differences in norms, and cultural expectations.
Consulting with Cultural Experts: When working with unfamiliar cultures, consultation with experts can interpret behavior or family dynamics that otherwise would be misinterpreted.
Overcoming Language Barriers: Trained interpreters must be used so that language differences do not impede understanding or lead to the wrong conclusions being reached.
Challenging Parenting Norms Bias: Parenting practices need to be evaluated within the specific cultural context of the family. A practice that is bizarre in one culture will be entirely normal—and perhaps beneficial—in another.
As the American Academy of Matrimonial Lawyers has noted, custody evaluations must be sensitive to "the unique cultural, linguistic, and ethnic diversity" of families. These factors irretrievably shape parenting expectations, family structure, and child-rearing values. To ignore them is to compromise the integrity of the evaluation and place recommendations not in a child's best interests at risk.
The Impact on Children and Families
At its core, cultural competence safeguards the best interests of children. Misinterpretations of behavior due to cultural ignorance can result in custody recommendations that destabilize families and alienate children from primary caregivers. By contrast, culturally informed evaluations foster understanding, promote family integrity, and support developmental and emotional well-being
Conversely, a culturally responsive assessment promotes the child's best interests through respecting the child's sense of identity, continuity of care, and emotional attachments. This approach strengthens outcomes that build family integrity, emotional security, and long-term resilience.
A Way Forward
In high-conflict custody disputes, cultural humility is not an option—it is both a clinical and an ethical necessity. Forensic psychologists are bound by a duty of continuing education, reflective practice regarding their own biases, and receptivity to perspectives other than their own. Every family has its own cultural narrative, and the examiner is bound to listen attentively, interpret carefully, and report fairly.
By actively practicing cultural humility and sensitivity, forensic psychologists ensure the integrity of their professional services and guide families—and most especially the most vulnerable children—toward healing, safety, and justice.
SD Family Services is a culturally sensitive and competent practice, committed to providing services that respect and understand the diverse backgrounds of the families we serve.
