Dr. Dale has written on numerous family law topics. These writings include:
The Best Interests of the Child
Milfred Dale, “Still the One”: Defending the Individualized Best Interests of the Child Standard from Equal Parenting Time Presumptions 34(2) J. Am. Acad. Matrimonial Lawyers 307 (2022) (articulates the rationale for individualized best interests standard as based on the circumstances of each family instead of relying on presumptions, critically reviews the research used by advocates for equal parenting time presumptions, outlines how social science research should be used and evaluated, and reviews efforts in states that have adopted presumptions). This paper was a “Featured Article” for Issue 34(2) of the JAAML.
Linda D. Elrod & Milfred D. Dale, Paradigm Shifts & Pendulum Swings: The Interests of Children in the Balance, 42 Fam. L. Q. 381 (2008) (tracking 50 years of child custody law, judicial systems, and the impact of social science. This article was written for the Golden 50th Anniversary Edition of the Family Law Quarterly and was voted the top ABA family law article for 2008). Cited in: Turner v. Rogers, 564 U.S. 431, 461 (2011).
Milfred D. Dale, Of Course, Quantity AND Quality of Nonresident Father Involvement Matter. . . as Part of Every Individualized Best Interests of the Child Determination: Commentary on Adamsons (2018), 15(8) J. Child Custody 206 (2018) (commentary on importance of consideration of the quantity and quantity of father involvement in developing appropriate parenting plans for children).
Milfred D. Dale, Don’t Forget the Children: Court Protection from Parental Conflict is in the Best Interests of Children, 52(4) Fam. Ct. Rev. 648 (2014) (reviews the importance of including the child’s voice in best interests of the child determinations, particularly when there is high conflict).
Videoconferencing & Remote - Child Custody Evaluations
Milfred D. Dale & Desiree Smith, Making the Case for Videoconferencing and Remote-Child Custody Evaluations: The Empirical, Ethical & Evidentiary Arguments for Accepting New Technology, 27(1) Psychology, Public Policy and the Law 30 (2021) (reviews the empirical, ethical and evidentiary arguments justifying conduct of remote CCEs during the pandemic and beyond).
Attachment & Child Abuse
Pamela S. Ludolph & Milfred D. Dale, Attachment and Child Custody: An Additive Factor, Not a Determinative One, 46(1) Fam. L. Q. 1 (2012) (reviews the research relevant to the debate about overnight care of infants following divorce or parental separation).
Milfred D. Dale, If we knew what happened, we would know better what to do: A Commentary on Kleinman and Kaplan’s Relaxation of the Rules for Science Detrimental to Children, 13(1) J. Child Custody 97 (2016) (comments on the lack of “knowing” about whether or not a child had been sexually abused and how this uncertainty about allegations makes work with these families more difficult).
Milfred Dale & Jonathan W. Gould, Commentary on “Analyzing Child Sexual Abuse Allegations”: Will a New Untested Criterion-Based Content Analysis Model Be Helpful? 14 J. Forensic Psychol. Practice 169 (2014) (commentary an effort to create an empirical approach for child sexual abuse evaluations).
Social Science in Family Law: Forensic Consultation and Litigation Support
Milfred D. Dale, Jonathan Gould & Alyssa Levine, Cross-examining Experts in Child Custody: The Necessary Theories and Models … with Instructions, 33 J. Am. Acad. Matrimonial Lawyers 327 (2021) (outlines how to develop a theory of the case, how to use practice guidelines and ethical principles to evaluate the methodologies of court-appointed experts, and how to use traditional and contemporary cross-examination approaches to effectively support and/or challenge experts)
Sol R. Rappaport, Jonathon Gould & Milfred D. Dale, Psychological Testing Can Be of Significant Value in Child Custody Evaluations: Don't Buy the Anti-Testing, Anti-Individual, Pro-Family Systems Woozle, 30 J. Am. Acad. Matrimonial Law. 405 (2018) (commentary in response to a call for a moratorium on psychological testing in child custody evaluation that illustrates the value of testing in such evaluations).
Jonathan W. Gould, Milfred D. Dale, Nicki B. Fisher, & Madeline R. Gould, Scientific & Professional Knowledge for Family Court: Legal Expectations of Experts, in Parenting Plan Evaluations: Applied Research for the Family Court (Leslie Drozd & Michael Saini, eds., 2d ed. 2016).
Milfred D. Dale & Jonathan W. Gould, Science, Mental Health Consultants, and Attorney-Expert Relationships in Child Custody, 48(1) Fam. L. Q. 1 (2014) (examining the use of science in family law and the roles of expert consultants).
William G. Austin, Milfred D. Dale, H.D. Kirkpatrick, & James Flens, Forensic Expert Roles and Services in Child Custody Litigation: Work Product Review and Case Consultation, 8(1-2) J. Child Custody 47 (2011).
Jonathan W. Gould & Milfred D. Dale, Reviewing child custody evaluations: Using science to maximize reliability and minimize bias, in Forensic Psychology and Neuropsychology for Criminal and Civil Cases (Harold Hall & Joseph Poirier, eds, 2nd ed.) (2021).
Alternative Dispute Resolution: Parenting Coordination
Milfred D. Dale, Hon. Dolores Bomrad, & Alexander Jones, Parenting Coordination Law in the U.S. and Canada: A Review of the Sources & Scope of the PC’s Authority, 58(3) Fam. Ct. Rev. 673 (2020)(reviewed parenting coordination laws and models across the United States and Canada).