Court‐Based Interventions in Spain for Families in Divorce Transition: Challenges in the Implementation of (Co)‐Parenting Coordination

Families facing separation or divorce in Spain encounter a number of obstacles, including a primarily adversarial and slow justice system, nonspecialized courts and judges, and a lack of resources to help them through the process. Recent legislation at the regional level (autonomous communities) is moving toward emphasizing shared parental responsibility and introducing parenting plans, while at the national level, legislation advances slowly. One of the main challenges professionals are facing in high‐conflict couple separation is protecting children from the effects of being in the middle of their parents’ conflict. Traditional psychological, legal, and social services are insufficient to support parents and protect their children from interparental hostile conflict—which can be exacerbated by litigation, professional intervention, domestic violence, or addiction. This article illustrates, through a case study, the implementation of parenting coordination in Spain. Different jurisdictions in Spain are slowly implementing (co‐)parenting coordination, an in‐depth intervention designed to support these families. The objective is to help families focus on children's needs and follow the court‐approved parenting plans or court orders, reduce relitigation, and improve parental communication and conflict resolution skills. This article analyzes different aspects and challenges relating to the implementation of parenting coordination in Spain. Recommendations are then made to address them.     

Co‐parenting in a Highly Conflicted Separation/Divorce: Learning about Parents and their Experiences of Parenting Coordination,Legal, and Mental Health Interventions

Sixty high‐conflict separated/divorced co‐parents completed surveys investigating characteristics and dynamics (narcissism, empathy, conflict) that were examined in relation to co‐parenting style and parents' experiences of parenting coordination, legal, and mental health interventions. Study findings for this sample did not support common notions found in the literatures on parenting coordination and high‐conflict divorce that suggest these parents are often narcissistic or low in empathy. Findings pertaining to all high‐conflict participant experiences revealed the presence of common elements across aspects of practitioners and interventions with which they were both satisfied and dissatisfied.     

How the Framework of Implementation Science Guided an Evidence‐Based Dependency Parenting Program Initiative in Florida

In Florida, like most states, many of the parenting programs that are being utilized with families in the dependency system are non‐evidence based, and fail to provide quantifiable data on parent progress during and after completion of the programs. Providing pertinent information in court on parents’ progress in a parenting program, as opposed to simply monitoring attendance, is a growing need voiced by dependency judges and child welfare case management professionals. Clear, reliable information related to parenting skills acquisition and insight can help to ensure that families involved in the child welfare system have access to quality services that improve outcomes for their children. The purpose of this paper is to detail how a statewide initiative to increase the number of Florida circuits providing evidence‐based parenting programs to their clients utilized implementation science to guide their process, and the degree to which the participating circuits achieved full implementation of evidence‐based parenting programs.     

Emerging Parenting Coordination Practices Around the Globe: What We Have Learned

Parenting coordination is emerging in numerous countries around the globe as a response to the need to protect children in families whose parents experience high conflict following their separation or divorce. This article describes the different trends in the implementation of parenting coordination programs in Canada, Spain, and Italy and the socio‐legal contexts in which they have evolved. An analysis will also be presented of the unique challenges faced by these countries and the ensuing debates on issues related to the referral process, legal procedures, decision‐making authority, judicial immunity, confidentiality, and professional requirements and training for the appointment of parenting coordinators. The authors will present what has been learned from their respective experiences and make recommendations to promote continued development.     

CHILD‐FOCUSED AND CHILD‐INCLUSIVE DIVORCE MEDIATION: COMPARATIVE OUTCOMES FROM A PROSPECTIVE STUDY OF POSTSEPARATION ADJUSTMENT

This study compared outcomes over 1 year for two groups of separated parents, who attended two different forms of brief therapeutic mediation for entrenched parenting disputes. The two interventions each targeted psychological resolution of parental conflict, enhanced parental reflective function, and associated reduction of distress for their children. The child‐focused (CF) intervention actively supported parents to consider the needs of their children, but without any direct involvement of the children, while the child‐inclusive (CI) intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Repeated measures at baseline, 3 months, and 1 year postintervention explored changes over time and across treatments in conflict management, subjective distress, and relationship quality for all family members. Enduring reduction in levels of conflict and improved management of disputes, as reported by parents and children, occurred for both treatment groups in the year after mediation. The CI intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well‐being. These effects were strongest for fathers and children. Agreements reached by the CI group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the CF parents. The article explores the potential of CI divorce mediation to not only safely include many children in family law matters related to them, but also to promote their developmental recovery from high‐conflict separation, through enhanced emotional availability of their parents.     

Trauma‐Informed Interventions in Parent–Child Contact Cases

Parent–child contact problems may arise in the context of high conflict separation/divorce dynamics between parents. In cases where there are parent–child contact problems and children resist or refuse contact with one of their parents, there may also be incidents of child maltreatment, intimate partner violence, or compromised parenting that can be experienced by a parent or child as traumatic. The circumstances around separation and/or post‐divorce often result in intense stress for families. In this paper we distinguish between the stressful circumstances that may arise as a result of high interparental conflict and pulls for alignment from a parent, and the real or perceived trauma as a factor which contributes to resistance or refusal of a child to have contact with a parent. Interventions to address both trauma responses and the resist‐refuse dynamics are differentiated and discussed. After screening and assessment, the intent is to treat trauma responses with short‐term, evidence‐based therapy, either before or concurrent with co‐parent and family intervention.     

The Parenting Coordinator as Peacemaker and Peacebuilder

Parenting coordinators serve as case managers in high‐conflict families with the goal of protecting the children from parental conflict. Parenting coordinators are peacemakers and peacebuilders who identify and help set up structures in the family to support peace between the parents. The family court should promote and develop equipoise in litigants and professionals. Because parents who continue in conflict postdecree often have difficulty empathizing with their co‐parents and with their children, they might benefit from meditation training to increase mindfulness, empathy, and compassion. Self‐compassion training could also increase well‐being and more effective co‐parenting and aid in building peace in the family.

Key Points for the Family Court Community:
• Parenting coordination is a child‐focused intervention with high‐conflict parents that can help protect children from their parents' conflict.
• Parenting coordinators are peacemakers who resolve disputes between the parents and facilitate negotiation and communication between them and help them make decisions.
• Parenting coordinators are also peacebuilders who help identify and build structures and processes in the family system to strengthen interparental peace.
• Equipoise can be developed in litigants and professionals through mindfulness and compassion training.
• Family court judges can work with parenting coordinators in a team approach, in a manner similar to what occurs in problem‐solving courts, to benefit the families and the judicial system.

     

Associations between Parent and Child Reports Of Interparental Conflict/Violence And Child Difficulties in A Family Mediation Setting*

We examined the association between parents’ (N = 52 mothers and 52 fathers) and children's (N = 27) reports of interparental conflict and child difficulties in a family mediation setting. Parents’ reports of conflict were moderately associated with children's reports of exposure to parental conflict, but only fathers’ reports of conflict were associated with children's reports of negative responses to parent conflict. While mothers and fathers agreed on their child's difficulties, only mothers’, not fathers’, report of child difficulties were moderately related to child reports of child difficulties. Mothers’ and fathers’ reports of conflict generally were not strongly associated with reports of child difficulties. In contrast to parent reports, children's reports of exposure to parents’ conflict were moderately and significantly related to self‐reported child difficulties and moderately related to parents’ reports of child academic difficulties. The magnitude of the association between the child's report of interparental conflict and self‐report of difficulties was stronger than the association between parent report of conflict and parent report of child difficulties, suggesting that parents may not fully understand their child's exposure to parent conflict/violence or the problems their child is experiencing.

Key Points for the Family Court Community:
• Family law stakeholders prioritize the creation of parenting arrangements that are in the best interest of the child; however, it is unclear how to gather information about the child and the child's perspective in order to inform such arrangements.
• The study results suggest that parents may not agree with each other or with the child about important family issues, such as parent conflict and child difficulties. For example, parents may not fully understand their child's exposure to parental conflict/violence when in the midst of custody negotiations.
• More research is needed to determine the best method for gathering information about the child during custody proceedings. In the meantime, it is important to gather information from multiple sources and to consider the agreement and differences across such sources of information.

     

DOES MANDATORY DIVORCE EDUCATION FOR PARENTS WORK?

In a court-mandated, child-focused class for divorcing parents, parental mastery of skills taught were evaluated both immediately after the class and 6 months later. Parents perceived the classes to be realistic and useful. Skills were effectively learned and were maintained over the evaluation period. Parents reported that they were successful in dramatically lowering exposure of their children to parental conflict. Relative to a comparison group of parents divorcing the year before the classes were initiated, parents completing the class were better able to work through how they would handle difficult child-related situations with their ex-spouses and were willing to let their children spend more time with the other parent. Few gender differences were observed—mothers perceived the class as more realistic; fathers showed greater improvement on some skills. Similarly, interest level in further training was not predictive of class benefits, suggesting that enthusiasm for parenting training is probably not essential.     

Co‐Parent Court: A Problem‐Solving,Community‐Based Model for Serving Low‐Income Unmarried Co‐Parents

The Hennepin County Co‐Parent Court Project was a 3‐year demonstration project for unmarried co‐parents. The goal of the project was to remove barriers to co‐parenting in low‐income, unmarried parents. The Co‐Parent Court Project encompassed a number of services, including educational workshops, individual case management, parenting plans, legal mediation, and, if needed, supports and treatment for domestic violence. There are published articles that highlight the participant outcomes of the Co‐Parent Project. This article, however, focuses on the background for why this project was developed, components of this project, and lessons learned from implementation.     

PARENT EDUCATION IN THE DOMESTIC RELATIONS COURT

This multisite assessment of five, court-affiliated parent education programs incorporates information from 3,000 exit surveys by attendees, 602 telephone interviews with willing parents six months later, comparisons with 145 divorcing parents who did not attend a program, and reviews of court activity. Parents report high levels of satisfaction with the programs and credit them with helping to sensitize them to their children's needs and making visitation more successful and enjoyable. Although attendees report better compliance with divorce decrees, comparable proportions of parents in treatment and comparison groups report conflict over child custody and access, and a review of court files shows identical litigation patterns for both groups over a four-year period of time .     

THE KIDS' TURN PROGRAM EVALUATION: PROBING CHANGE WITHIN A COMMUNITY‐BASED INTERVENTION FOR SEPARATING FAMILIES

We provide evaluation results for Kids' Turn, a community‐based divorcing parent education program. Based on pre‐ and post‐test results from 61 parents, we found that parents reported improvements over time in interparental conflict, the number of topics parents argue about, parental alienation behaviors, parent anxiety and depression, and children's internalizing behaviors. These changes over time remained after we accounted for child sex, parent and child age, and time since separation. However, we did not observe any change in parenting behaviors. We discuss these results in light of factors influencing the ability of community‐based programs to affect change in families after divorce.     

A Multidisciplinary Perspective on the Role,Functions, and Effectiveness of Parenting Coordination

Based on a survey conducted in 2018 in collaboration with the Association of Family and Conciliation Courts’ (AFCC) Task Force on Parenting Coordination, this paper explores issues related to the process and perceived outcomes of parenting coordination for families post separation and divorce. The views expressed emerge from a diverse and multidisciplinary sample (n = 289) from legal, mental health, and conflict resolution backgrounds. Almost half of all participants (46%) were mental health professionals (psychologist, psychiatrist, social worker), followed by attorneys (28%), family mediators (17%) and judges (5%). Over half of all participants identified as a parenting coordinator (PC) (53%). Based on the results, participants had the highest level of agreement that the goal of parenting coordination should be to assist in sheltering the children from parental conflict and to help the coparents reduce interparental conflict. Participants assigned greater success to parenting coordination when there was demonstration that coparenting conflict decreased. Several differences were noted among professional disciplines and specifically between legal and mental health professionals. Mental health professionals rated higher on the effectiveness of PCs to help children adjust and limit their involvement in the parental conflict, while legal professionals focused on PCs’ ability to help families resolve legal disputes. The implications of the results are discussed, including how best to measure the success of parenting coordination and to prioritize outcomes related to the success of parenting coordination across disciplines to create greater consistency in the field.     

THE CONTENT OF DIVORCE EDUCATION PROGRAMS

A survey was conducted to assess the content coverage of more than 100 divorce education programs for parents in North America. Fifty-six percent of the programs were mandatory for at least some categories of divorcing parents. Results showed that the most intensively covered topics involved the effects of divorce on children and the benefits of parental cooperation. Moderate coverage was devoted to skills acquisition, such as conflict management and parenting, and to the effects of divorce on parents. Minimal coverage was devoted to "nuts and bolts" and legal issues. The results are discussed in terms of issues likely to emerge as a result of this content coverage.     

High‐Conflict Divorce: A form of Child Neglect

In high‐conflict divorce cases, the emotional toll on the family unit is unquestionably destructive. While the physical and mental health of the children should be the primary focus, the emotional turmoil of a high‐conflict divorce often moves the focus away from the children as parents struggle emotionally and financially. Although the best interests of the children are always in the judicial purview, the repeated, lengthy, and hostile litigation process often associated with high‐conflict dissolution has lasting effects on the physical and mental health of children, similar to those associated with physical abuse and neglect. Child Protective Services (CPS) must step in and protect the emotional well‐being of children during high‐conflict divorce cases.     

An Interdisciplinary Case Management Protocol for Child Resistance or Refusal Dynamics†

High‐conflict parental separation cases associated with child's estrangement or contact refusal take an unusually large amount of court time and generate high emotional costs for parents and children. This paper reports on a study of a research‐based pilot project and protocol, called the Parenting Conflict Resolution (PCR), which is intended to reduce parental conflict, improve interparental communication, and support or restore the parent–child relationship. The protocol was developed at the Superior Court in Quebec City (Canada), and involves single judge case management, and lawyers' commitment to have the child's best interests as their primary consideration and to guide their clients to trust the process. The assigned judge and lawyers have the ongoing involvement of a mandated psychotherapist, taking a family systems approach with the case. The PCR also requires the parents to participate in a psycho‐educational, introspective group program to work on co‐parenting and communication skills. Ongoing communication between the professionals involved in the PCR is required to ensure cohesion and accountability. This pilot project was implemented with 10 high‐conflict families, 6 of which presented with the child's resistance or refusal to see one parent. A qualitative data study was undertaken into the experiences of all the participants. The most salient result is the resumption of parent–child contact in all six contact refusal cases. Discussion highlights key elements to successfully address these cases: (a) interdisciplinary program delivery, (b) systemic understanding of the contact problems, (c) focus on the child's best interest, (d) single judge assigned to the case, (e) lawyers' support of the parents' participation, and (f) psychotherapist reporting to the court.     

Young Children in Divorce and Separation: Pilot Study of a Mediation‐Based Co‐Parenting Intervention

This article reports on a cluster randomized pilot study of a mediation‐based intervention for separated parents of very young children, Young Children in Divorce and Separation (YCIDS). The control group intervention was “Mediation plus Reading.” Participants were separated parents attending mediation over a co‐parenting dispute concerning a child under the age of 5 years (n=33 cases). Nine of the 16 key child and parent outcomes were significantly better for the intervention group, with the remainder nonsignificant between groups. Mediators reported 35 per cent lower referral on to legal action for YCIDS cases following mediation. Implementation complexities of the YCIDS program led to the development of an online intervention format, now the subject of a further study. Further implications of this pilot study are discussed.     

The Interdisciplinary Settlement Conference: A Grassroots Alternative for Resolving High‐Conflict Parenting Disputes in Lean Times

This article describes a court‐connected alternative dispute resolution program, the Interdisciplinary Settlement Conference. The key feature of this program is the participation of two volunteer panelists, one a family law attorney and the other a mental health professional experienced in parenting disputes, who assist the judicial officer in working with the parties and their attorneys (if any) to reach a resolution of their parenting dispute. Significantly, in addition to addressing the parties’ legal issues, the panelists also address the parties’ psychological and emotional issues relevant to the dispute on an as‐needed basis. Findings from six years of experience with the program are discussed, including evidence of high satisfaction with the program, a high rate of settlement, a decrease in relitigation, and a concomitant savings of scarce judicial resources.     

EVIDENCE OF A DIFFERENT NATURE: THE CHILD‐ RESPONSIVE AND LESS ADVERSARIAL INITIATIVES OF THE FAMILY COURT OF AUSTRALIA

This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child.     

Building and Enhancing Efficacious Coparenting in Parenting Coordination

Parenting coordination is a dispute resolution process to assist the subset of separating/divorcing parents who remain entrenched in high conflict coparenting post‐separation/divorce. Based on factors known to impact positive child outcomes, its goals include assisting parents to protect children from their conflict and implementing a framework that will assist the child to have a good relationship with both parents. Despite significant efforts, parenting coordination often falls short of achieving its intended goals, which include not only healthy child adjustment but also efficacious coparenting, which is itself an important mediator and moderator of child outcomes. This article raises questions and concerns about the extent to which child outcomes may be limited if the goals of parenting coordination are limited to establishing and implementing a disengaged, parallel model of coparenting, while avoiding or giving up on efforts to build and enhance cooperative coparenting. Given preliminary findings indicating some parents note change here express dissatisfaction with the process and outcomes, it is necessary to consider whether the seemingly intractable subset of parents referred for parenting coordination might benefit from something more or different. We discuss two innovations: One aims to strengthen individual parent readiness and responsiveness and the other brings parents together in a child‐centered team‐building approach. Though cooperative coparenting is a challenging and unrealistic goal for some parents, further research is necessary to understand more fully which interventions help which families, when and in what manner.