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1.
Unbundling, also known as limited‐scope representation, has been adopted by judges, the organized legal profession, and divorcing parties. Unbundling is a legal access approach to better and more affordably serve unrepresented divorce litigants as well as to assist overburdened and underfunded courts. This article will focus on another critical benefit of unbundling: the ability of divorcing professionals to provide information and support to divorcing families to help reduce family conflicts. This article shall discuss four unbundled peacemaking roles that lawyers can play: (1) Collaborative Lawyer; (2) Lawyer Coach for Self‐Represented Litigants; (3) Lawyer for Mediation Participants; and (4) Preventive Legal Health Care Provider.
    Key Points for the Family Court Community:
  • Overview of limited‐scope lawyering roles
  • Impact of unbundled representation on peacemaking
  • Best practices of noncourt lawyering
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2.
    
The Resource Center for Separating and Divorcing Families (RCSDF) is the first U.S. alternative dispute resolution model to provide legal dispute resolution, therapeutic, educational, and financial services to separating and divorcing families in a single location outside the courthouse. Data were collected on 82 families at entry and service completion: service utilization, process timeliness, family satisfaction, and outcomes. Parents were highly satisfied with the process and demonstrated significant improvements in personal well‐being, co‐parenting, parenting quality, and reported reductions in children's anxiety/depression. Community partners felt RCSDF was a positive innovation in their community. The RCSDF model represents a culture shift from an adversarial process to a cohesive alternative that supports the well‐being of all family members.  相似文献   

3.
    
Transgender people face unique issues in parentage, custody, and divorce cases. Many transgender people are raising children or wish to do so. This article examines the main legal issues facing transgender people who become parents by giving birth or impregnating a partner, through assisted reproduction, through marriage, by raising a child, or through adoption. In the past, some courts viewed a parent's gender transition as a sufficient reason to terminate parental rights. Today, the law has shifted to provide much more security for transgender parents, though significant bias still remains, particularly in divorce and child custody cases. In addition, many states have not yet fully addressed how to determine the legal parentage of children born through assisted reproduction. I analyze the legal landscape for transgender parents and spouses and offer critical suggestions to ensure that transgender people are able to protect their families and their parental rights.  相似文献   

4.
This article explores alternatives for the court process that promote a child‐centered approach to resolution of family law issues including a summary of procedures used in Los Angeles County to assist families. The article also explores alternatives to the traditional custody litigation model.
    Key Points for the Family Court Community:
  • Evaluations and trials are not the only tools available in family law.
  • Structured court ordered counseling can provide a meaningful intervention and reduce family conflict.
  • Alternative forms of mediation can help families address the “need to be heard” and retain personal autonomy in decision making.
  • The court system should help educate families about how to resolve conflict in a safe, effective, and meaningful way.
  相似文献   

5.
    
This commentary discusses and expands upon Mosten and Traumm's extraordinary work on interdisciplinary teams. Focusing on the continuum between independence and interdependence in team formation, we explore the benefits of team members' shared responsibility and highlight potential challenges. We emphasize that regardless of where a team may fall on the continuum, establishing and adhering to a strong structure results in increased practitioner satisfaction and better client outcomes. This commentary identifies five best practices that promote highly functioning teams and urges family law practitioners to seek more advanced interdisciplinary team training opportunities.  相似文献   

6.
    
This article explores and shares the learning from two of Cafcass’ innovative dispute resolution pilot programs. The programs aim to improve outcomes for families against the backdrop of rising private law demand in England, while keeping the child at the center. The Positive co‐Parenting Programme pilot provides a structured intervention to reduce conflict and promote timely resolution for children and families in complex cases. The Support with Making Child Arrangements pilot explores whether the provision of a package of support to parents ahead of the first court hearing can help them come to safe agreements about their children without the need for court intervention.  相似文献   

7.
    
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.  相似文献   

8.
    
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9.
    
Parenting coordination (PC) has been in use since the mid‐1980s, but research on its effectiveness is sorely lacking. We review the extant research organized by three themes: (1) parenting coordinators’ perceptions of their role and function; (2) professionals’ and parents’ views and perceptions of PC; and (3) outcomes of PC, including some measures of effectiveness of the PC process. While these studies provide some insight into PC effectiveness, there is still a lack of research that uses objective outcome measures of efficacy and that considers characteristics of the co‐parent dyad, personality difficulties, or the professional discipline of the parenting coordinator. Future research recommendations are discussed.  相似文献   

10.
    
Gatekeeping has been used as a theory and a measure to describe and assess family dynamics within the context of separation and divorce. In this article, we explore adaptive and maladaptive gatekeeping behaviors and attitudes that can affect the other parent's relationship with the child. Implications are presented for connecting adaptive and maladaptive gatekeeping responses to child outcomes of safety, well‐being, and positive parent–child relationships following separation and divorce. We build on the recent attention to gatekeeping as a potential framework within the child custody context.  相似文献   

11.
There is an emerging view that the term “high conflict” oversimplifies the nature of destructive family dynamics, especially with respect to the small but resource‐intensive group of separated parents who remain deeply enmeshed in legal battles and parental acrimony. In this Article we propose that interparental hatred may be a key relationship dynamic driving the behavior of some in this group. We suggest a distinction between two types of interparental hatred: one that arises from responses to separation‐related stresses (reactive hatred) and the other (entrenched hatred) that is indicative of more embedded, dysfunctional interpersonal dynamics and/or personality structures. While reactive hatred is typically time limited and amenable to professional intervention, entrenched hatred tends to overwhelm rationally informed attempts to mediate, negotiate, or even adhere to orders regarding suitable parenting arrangements. We contend that while effective intervention in these cases requires all the generic skills and responses necessary for dealing with highly conflicted disputes, it is also important to name and appropriately challenge interparental hatred when it is detected.  相似文献   

12.
    
This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships.  相似文献   

13.
    
In recent years, the number of litigants representing themselves without legal counsel has increased across the United States. Courts have responded by creating programs and services to help litigants represent themselves. Self‐help centers nationwide use different models to deliver legal advice and information to unrepresented litigants. Some offer court‐based, walk‐in self‐help centers. Others provide services remotely via phone, web, email, video conferencing, and live chat. In Maryland, self‐help center services are offered at walk‐in centers and remotely by phone and live chat. This article examines litigants' perceptions of in‐person and remote delivery of legal advice and information on family law matters. Results revealed that all three service delivery methods have high satisfaction rates, but chat users were less likely to feel as though they knew what to do next. They were also less optimistic about their case than were phone or in‐person users.  相似文献   

14.
    
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.  相似文献   

15.
    
This article considers the contribution of therapeutic jurisprudence (TJ) to the theoretical development and practical advancement of reforms in child care law. It does so by presenting three dilemmas arising from The Israeli Youth Law (Care and Supervision) 1960 relating to its substance, procedures, and practice. TJ is a “field of enquiry” that examines the influence of the law on litigants in order to advance rules and practices that have therapeutic effects and to minimize the use of rules and practices that have antitherapeutic ones. Following the TJ methodology, we integrate psychosocial findings into the legal discussion. We propose some therapeutic practices, as well as legal reform to make the child protection legal regime more TJ friendly for children and families.  相似文献   

16.
    
Children who are triangulated into their parents' conflicts can become polarized, aligning with one parent and rejecting the other. In response, courts often order families to engage mental health professionals to provide reunification interventions. This article adapts empirically established systematic desensitization and flooding procedures most commonly used to treat phobic children as possible components of a larger family systems invention designed to help the polarized child develop a healthy relationship with both parents. Strengths and weaknesses of these procedures are discussed and illustrated with case material.
    Key Points for the Family Court Community
  • Family law and psychology agree that children should have the opportunity to enjoy a healthy relationship with both parents
  • Adult conflict can polarize a child's relationships, including rejection of one parent
  • Existing clinical and forensic “reunification” strategies often prove inadequate
  • Reliable and valid cognitive behavioral methods can be adopted to facilitate this process
  • A cognitive‐behavioral “exposure‐based” reunification protocol is discussed
  相似文献   

17.
    
The huge diversity in family life and living arrangements across the globe has far‐reaching implications for the ways in which families are supported and family justice is administered. Given the serious concerns about the number of relationships that break down and the potentially detrimental impacts on children and their parents, it is essential to understand the triggers threatening the stability of couple relationships, including the financial stresses caused by the recent global recession and accompanying fiscal austerity. Since family relationships are central to the psychological, emotional, social, and economic well‐being of adults and children everywhere, policy makers and practitioners should collaborate across international boundaries to develop interventions that promote family well‐being, secure the best interests of children, and ensure the conditions and systems in which families can thrive.  相似文献   

18.
    
False claims of child sexual abuse negatively affect the accused parent and the child. Such false claims can be used to sway custody determinations and cause frivolous applications to the court. This Note proposes that courts impose sanctions, comparable to those set forth in Rule 11 of the Federal Rules of Civil Procedure, on litigants who make false claims of child sexual abuse.  相似文献   

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