🦚The family court hostage crisis

Strategic tools to protect your children

My client was agitated as we started our call. A few seconds in, it was clear why she was so upset.

“My lawyer wants to get a custody evaluation,” she said, “and I’m terrified because all these evaluators ignore fathers’ abuse and just accuse protective mothers of parental alienation.”

Unfortunately, my client’s fear isn’t unjustified. In too many jurisdictions, custody evaluators who recognize abuse and don't take "parental alienation" allegations against protective parents at face value are rarer than hens' teeth.

There are numerous reasons why this happens:

🏭 The "reunification therapy" cottage industry, with these experts at the top of the funnel.

đź“š Their training. They don't have enough training in coercive control (usually, they have none).

🔍 Their biases. The more they focus on "parental alienation", the more they look for it and see it, even where it doesn't exist.

The belief that moms who report abuse by their ex are alienators is also soaked into the fabric of the family court and child protection systems. In my part of the world (the Canadian province of Quebec), where the reunification therapy industry doesn’t have a strong foothold, child protection services are actually the main driver of alienation allegations against protective mothers.

In fact, it’s so bad that lawyers in my area (the same lawyers who are happy to order custody evaluations) counsel their clients against reporting abuse of their children, even sexual abuse, to the child protection services. If that’s not the sign of a broken system, I don’t know what is.

So, a mother can’t be blamed for her reluctance to subject herself and her children to one of these evaluations or to fall into the “child protection” web. It’s like her children are being held hostage by ruthless kidnappers for an impossible ransom. Add “hostage negotiator” to the long list of hats a protective mother has to wear.

But there is a silver lining. You’re not helpless in this situation. Because there are actual hostage negotiating skills you can deploy to break through that biased evaluator’s perceptions and maximise the chances of a fair outcome for your children.

HIGH-STAKES NEGOTIATIONS

I've been reading Chris Voss's book "Never Split the Difference." Voss was the FBI's lead international kidnapping negotiator, dealing with terrorists, bank robbers, and kidnappers. He knows something about high-stakes conversations where the power dynamic is completely unbalanced and the consequences of failure are unbearable.

Sound familiar?

Voss’ techniques can be game-changers if you’re a protective parent sucked into a system that’s stacked against you. Here's how to deploy these methods when you’re dealing with custody evaluators, GALs, or child protection workers:

Use tactical empathy to disarm their biases

Generally, evaluators expect protective mothers to be "high conflict" or "difficult." When you acknowledge their perspective without agreeing with it, you short-circuit their bias confirmation process.

Try this approach: "I can imagine your job is pretty challenging. You probably see a lot of parents who influence their kids against the other parent. I get why you need to look for that."

Don’t say “…parents who do influence their kids” because then you’re announcing, “I’m not one of those parents.” It’s a subtle linguistic nuance, but one that can undermine what you’re trying to do.

This doesn't mean you're agreeing that you're alienating your children. You're disarming the evaluator by acknowledging their professional framework and creating space for them to see beyond their initial assumptions.

âťť

BuBut while we can’t control others’ decisions, we can influence them by inhabiting their world and seeing and hearing exactly what they want.t while we n’t control others’ decisions, we can influence them by inhabiting their world and seeing and hearing exactly what they want.

Chris Voss

Master the art of calibrated questions

Directly stating your concerns about abuse often triggers skepticism. Instead, you can use carefully calibrated "how" and "what" questions that guide the evaluator's thinking:

Instead of: "He's verbally abusive to our son and he's afraid of him."

Try: "How would you recommend handling a situation where a child consistently reports that they’re afraid to go to the other parent?"

These questions feel less confrontational while still highlighting your concerns. They also force the evaluator to problem-solve rather than dismiss what you’re saying.

One of my clients had an evaluator tell her, “If your child were refusing to go to school, then you wouldn’t just let them stay home.” The response here: “How would you deal with a situation where your child was telling you they were afraid of a teacher because the teacher was doing xyz to them?”

Deploy "labeling" to neutralize negative dynamics

When you sense the evaluator making assumptions about you, name what you're seeing without accusation:

"It seems like you might be concerned that I'm exaggerating these safety issues."

This technique, which Voss calls "labeling," brings unstated concerns into the open where they can be addressed directly. It also demonstrates self-awareness, which counteracts the stereotype of the "hysterical mother."

THE POWER OF PREPARATION

Before meeting with any evaluator, prepare yourself thoroughly, using these techniques:

Create your "accusation audit"

List every negative accusation you fear the evaluator might make:

⚠️ That you're coaching your children
⚠️ That you're emotionally unstable
⚠️ That you're unwilling to co-parent
⚠️ That you're making false allegations

Practice calm, child-focused responses to each accusation. This mental preparation prevents defensive reactions that evaluators often misinterpret.

Document strategically

Instead of throwing every concern at the evaluator, organize your information to show clear patterns of behavior and their impact on your children. Use this formula:

đź“‹ The pattern: "Consistently returns children without necessary medication"
đź“… Specific examples with dates (3-4 clear instances)
⚡ The direct impact on the children: "Resulted in two ER visits"
đź“‘ Any third-party documentation (medical records, school notes)

This approach shifts from "he-said/she-said" to evidence-based concerns that evaluators find harder to dismiss.

MASTER YOUR DELIVERY

How you communicate matters as much as what you say. Voss recommends using a calm, deliberate tone—what he calls the "late-night FM DJ voice." This projects reliability and emotional stability, which are crucial qualities that evaluators assess.

Practice discussing difficult topics without showing frustration or excessive emotion, even when you’re discussing upsetting events. This doesn't mean becoming robotic—appropriate concern is natural—but when you stay composed, you show that you're stable and you’re prioritizing your children's needs over conflict.

FIND THE "BLACK SWANS"

Voss uses this term for hidden information that changes everything once it’s revealed. For evaluators, these might include specific triggers that would shift their assessment.

Listen carefully to identify what factors matter most to your particular evaluator. Some are concerned primarily with school performance. Others focus on emotional adjustment. Once you identify their priorities, you can frame your legitimate concerns within these frameworks.

THE POWER OF "NO"

When you’re faced with concerning recommendations or assessment approaches, don’t be disheartened. Voss says that "no" is just the start of negotiation.

If an evaluator suggests something inappropriate (like unsupervised visits when safety is a concern), avoid directly confronting them. Instead:

đź‘‚Acknowledge their perspective

🔄 Reframe the issue around a higher value: child safety

âť“ Ask how-based questions that expose the pitfalls in their recommendation

"I recognize the importance of my kids’ relationship with their dad. How would this arrangement address the safety concerns documented by her therapist?"

(When I was creating this example, I veered back and forth between “I agree on the importance…”, which could feel too inauthentic to a protective parent and “I understand the importance…”, which felt like it might raise a red flag for an evaluator, implying that you didn’t understand it before and also implying disagreement. So I settled on “I recognize…” as a safe middle ground.)

SUCCESS STORIES

I've worked with clients who have faced evaluations and child protection investigations. Through applying these strategies, many have achieved outcomes far more positive than they initially feared possible.

Strategic shifts in dealing with court professionals

Here are some approaches my clients have successfully used when interacting with evaluators and child protection workers:

✦ Acknowledging the professional's role: "I talked to the child protection worker about how important and necessary their job is," one client told me afterward. This tactical empathy immediately created rapport rather than defensiveness.

✦ Focusing on impact rather than blame: Rather than directly accusing the other parent, successful clients describe specific impacts on their children using relatable terms like "lonely," "walking on eggshells," and "anxious."

✦ Demonstrating reasonable co-parenting efforts: Clients have shared specific examples of protecting their ex's privacy and rights as a parent. They talk about encouraging positive relationships between their children and the other parent.

✦ Showing self-awareness and growth: Acknowledging times when you've "fallen into old habits of getting defensive" while emphasizing how you're learning and improving can be powerful. Professionals have responded positively to parents who demonstrate this kind of self-reflection.

✦ Demonstrating how they protect the kids from conflict: Explaining practical steps you take to shield children from conflict is essential. This might include how you manage communications, for instance only reading your ex’s messages when the kids aren’t around to see your responses, or arrangements to minimize tension during transitions.

One of my clients had a profound insight after a successful interaction: "The big thing is to recognize you won't convince them. Stop trying to bring up the same point over and over and stop arguing with them—that's when they say 'talking in circles'—because they're not listening. Make your point, and if they don't take you seriously, try to say you intend to follow up on it later."

In multiple cases, this approach has worked remarkably well. Social workers and evaluators often respond positively when they can see that children are emotionally intelligent and able to express themselves clearly. External validation from therapists or teachers carries far more weight than parental claims alone.

By implementing these principles, clients have created completely different impressions from the "alienating parent" stereotype their exes were trying to pin on them. Rather than appearing defensive, bitter, or "high conflict," they came across as reasonable, child-focused, and committed to improvement.

One client told me after the meeting that these strategies made all the difference: "You gave me such great tips!" The greatest validation was how the evaluator responded to her approach of setting boundaries, compartmentalizing interactions, and establishing emotional distance from co-parenting challenges.

By using these hostage negotiation techniques, she turned what could have been a traumatic investigation into an opportunity to showcase her strengths as a protective parent.

FAMILY COURT SURVIVAL SKILLS

These strategies sometimes feel deeply frustrating, incredibly unnatural and absolutely unfair. You shouldn't have to scrupulously manage your communication to protect your children from an abusive ex. You shouldn’t need to become an expert hostage negotiator to keep your children safe. The system should recognize abuse and prioritize child safety without placing this burden on protective parents.

But until broader systemic change happens (including a tectonic shift in the mindsets of judges and court professionals), these tactical approaches offer protective parents the best chance of tiptoeing through the minefield of this flawed system. Don’t think of them as you compromising your principles. You’re deploying strategic tools for achieving your children's safety and well-being.

Remember, you're not in this fight alone. Protective parents, just like my client, have successfully negotiated their way through this labyrinth before you, and with the right strategies, you can too.

READY TO TAKE BACK CONTROL?

Book a free 30-minute discovery call with me today

During this no-obligation session, you'll:

  • Get more clarity about your specific challenges and options

  • Understand how strategic communication can protect your children

  • Leave with a clearer sense of direction and renewed confidence

Whether you're facing a biased custody evaluator, struggling with child protection services, or just trying to manage communication with a narcissistic ex, this call is your first step toward reclaiming your power.

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Resources

Ever wished you had a crystal ball to identify where your systems are breaking down before you suffer the consequences? I've created a powerful tool to help you gain a strategic advantage in your high-conflict case. My SWOT Analysis workbook guides you through identifying both your ex's and your own Strengths, Weaknesses, Opportunities, and Threats.

This structured approach helps you:

  • Recognize and counter your ex's tactics

  • Identify your own vulnerabilities before they can be exploited

  • Discover untapped opportunities for strengthening your case

  • Prepare for potential threats and complications

By analyzing both your ex's behaviors and your own position with this framework, you'll transform confusion into clarity and be better prepared for interactions with court professionals. Download this guide and transform your approach from reactive to strategic.

As I was writing this newsletter, it just expanded and expanded, with more thoughts, ideas, and caveats coming into my head. I had to stop somewhere. So next week, I’ll be focusing on some of the strategies I wasn’t able to dedicate much space to here, like how to identify your hostile evaluator’s black swans.