The uses and abuses of psychodiagnostic terms in family court cases: Beyond labels to the humanity beneath

Abstract

Psychodiagnostic labels abound in family court, whether they are used colloquially by the parties to attack each other, or formally by professionals who are trying to help. We examine the history of these diagnostic terms, including ways they are useful and ways they cause problems. After exploring how psychodiagnostic labeling systems are limited and evolving to become more dimensional, we highlight the legal rights of people with mental health problems to showhow labels can inadvertently lead to discrimination. We conclude by sharing tools to help divorce practitioners overcome the biased assumptions often wrapped up in diagnostic language.