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The Crisis in our Courts

Our family court systems are making life-altering decisions about children without understanding the profound psychological impact of their rulings.

Key Statistics: When family courts fail to assess children's mental health.

The Assessment Gap in Family Courts
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  • Current State of Mental Health Assessment

    • Only 35+ courts nationwide have undergone trauma assessments out of thousands of family courts (NCJFCJ, 2019)

    • 61% of children in court systems have experienced at least one form of violence, yet most courts lack systematic trauma screening (NCJFCJ, 2009)

    • Courts make decisions in a vacuum without mental health professional input in the majority of custody cases

 

 
Mental Health Consequences When Assessment Is Missing
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Immediate Impact on Children

  • Children in high-conflict court cases show 1.5 to 2 times increased risk for:

    • Academic difficulties and school problems

    • Disruptive behaviors and conduct disorders

    • Depression and anxiety symptoms

    • Social relationship problems (PMC, 2018)

 

Trauma Symptoms in Court-Involved Children

  • High levels of post-traumatic stress symptoms (PTSS) develop in children from high-conflict family court cases (Journal of Child & Adolescent Trauma, 2021)

  • 25% of children will experience at least one traumatic event by age 16, yet family courts rarely assess for trauma history (NCTSN, 2018)

 

Long-term Mental Health Outcomes

  • System-induced trauma creates lasting psychological damage that could be prevented with proper assessment

  • Children subjected to court decisions without mental health evaluation show:

    • Higher rates of substance abuse in adolescence

    • Increased risky sexual behaviors

    • Greater likelihood of their own relationship instability as adults

    • Elevated risk for mental health disorders throughout life

 

The Cost of Not Assessing

  • $748 billion annually in healthcare costs related to childhood trauma that proper court assessment could help prevent (CDC, 2025)

  • Up to 500,000 families per year affected by high-conflict court cases where children's mental health goes unassessed (Court Statistics Project, 2020)

 

 
What Happens Without Professional Mental Health Input
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Decision-Making Without Critical Information

  • Judges make life-altering custody decisions without understanding:

    • Children's existing trauma history

    • Psychological impact of proposed arrangements

    • Signs of developing mental health problems

    • Risk factors for future psychological harm

 

Preventable Harm

  • Every court decision made without psychological insight potentially alters a child's life trajectory forever

  • Mental health problems that develop from poor court decisions often require extensive treatment that could have been prevented

  • "System-induced trauma" - psychological damage directly caused by court processes and decisions made without mental health consideration

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Sources:

  • National Council of Juvenile and Family Court Judges. (2019). Trauma-informed Courts.

  • PMC. (2018). Parental divorce or separation and children's mental health.

  • Journal of Child & Adolescent Trauma. (2021). Parental Conflicts and Posttraumatic Stress of Children in High-Conflict Divorce Families.

  • National Child Traumatic Stress Network. (2018). School Personnel Resources.

  • CDC. (2025). About Adverse Childhood Experiences.

  • Court Statistics Project. (2020). National Center for State Courts annual case filings data.

© 2025 by PASHCO.

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Trauma-Informed Family Courts Initiative

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