CONFLICT AND CO‐PARENTING: THE CONSTRUCTS OF NONRESIDENT FATHERS*

Scots law constructs a co‐parental role for nonresident fathers without clarifying how this should operate in practice. Personal Construct Theory (PCT) offers a useful approach to understanding such fathers’ distinct and changing conceptions of their role. Findings are presented from a study of 17 nonresident Scottish fathers maintaining contact with nonresident children. Idiographic analysis of data from repertory grid interviews administered three times over the course of a year shows that participants perceive family situations in terms of paternal involvement, impact, emotion, or antagonism. Changes in construing following family events support the PCT understanding of hostility; implications for family services are discussed.     

PARENT PSYCHOEDUCATIONAL PROGRAMS AND REDUCING THE NEGATIVE EFFECTS OF INTERPARENTAL CONFLICT FOLLOWING DIVORCE

This article reviews psychoeducational programs to reduce interparental conflict in divorcing families and the negative impact of conflict on children. The authors initially identify factors shown in the basic psychosocial research literature to be related to the effects of interparental conflict on children. They then review the content of programs currently being delivered and evaluate the evidence from well-controlled studies concerning their effectiveness. Finally, the article considers directions for future program development and evaluation.     

CONCEPTUALIZING VISITATION RESISTANCE AND REFUSAL IN THE CONTEXT OF PARENTAL CONFLICT,SEPARATION, AND DIVORCE

A child's visitation resistance and refusal (VRR) in the context of parental separation, divorce, and post‐divorce litigation must not prematurely be interpreted as evidence of alienation, a conclusion which can be as detrimental to the family system as it is ill founded. The present article proposes a child‐centered, developmentally informed heuristic with which forensic evaluators might begin to more uniformly approach the potential causes of and remedies for VRR. An attachment‐based, step‐wise decision tree is described together with an overview of the remedies presently believed most appropriate to each. Recommendations for empirical study of the multiple convergent dynamics which determine VRR and establishment of corresponding interventions follow.     

VAN DUZER MEMORIAL ORATION: THE EFFECT OF ARMED CONFLICT ON CHILD HEALTH AND DEVELOPMENT

Armed conflict has occurred in many parts of the world for centuries and undoubtedly will occur in the future. In the past, combatants suffered; now the majority of suffering is by civilians. Children in these regions are denied the benefits of health care and normal nurturing both during and especially for prolonged periods after the conflict (when the health and social systems have been disrupted or are non‐existent). Their problems of health and development are major; problems for which the experience and knowledge of pediatrics and pediatric research could contribute. Yet, to date, the study of the health and development of children in war zones has not been a major priority of pediatric societies or of the large community of pediatric clinicians and researchers. Recently the Programme for Global Pediatric Research has held meetings with representatives of agencies working in areas of armed conflict together with pediatric clinicians and researchers. They explored the health and developmental problems of children in war zones. Recommendations from those meetings highlighted the plight of mothers and children during conflict and in the period “after the shooting stops.” Child health and development is critically affected during these times. In many instances planning has been inadequate and both government and legal support have been deficient. This presentation will describe the health and developmental problems of children in zones of armed conflict and steps to be taken to alleviate these major problems.     

THE ATTEMPTED MERGER BETWEEN GENERAL ELECTRIC AND HONEYWELL: A CASE STUDY OF TRANSATLANTIC CONFLICT

The thwarted merger of General Electric and Honeywell standsout, so far, as the only merger between US companies to be derailedsolely by the European anti-trust authorities, while being clearedby the US Department of Justice (DoJ) and 11 other jurisdictions.In this paper, the authors examine the European Commission'sdecision, and the theories underlying it and compare the Commission'sapproach with that followed by the DoJ. They observe that theCommission and the DoJ had a different assessment of broadlysimilar facts, and attempt to understand the source of the divergence.The authors find that (1) the horizontal effects identifiedby the European Commission rely on a particular perspectiveof market definition, which is debatable (and leaves some questionsunanswered); (2) the anticompetitive effects in the bundlingand Archimedean leveraging theories are not sufficiently robustthat they could be presumed (Accordingly, their likelihood shouldbe supported by strong evidence, but the evidence presentedby the Commission was far from compelling); (3) the deal mayhave involved significant efficiencies that were overlooked.These observations raise the suspicion that the Commission'sdecision may have been affected by bureaucratic capture, suchthat civil servants did not follow the mandate that had beenassigned to them. We find that the procedure enforced at thetime was vulnerable to capture and that the Commission had anincorrect perception of the standard of review that the Courtwould apply to its decision in the context of an appeal. Theaccountability to which the Commission felt subject was thusbiased downwards and enlarged the scope for capture. In addition,some (admittedly casual) evidence regarding the actual unfoldingof the procedure, as well as subsequent reforms of process andprocedure undertaken by the Commission, would support the viewthat significant problems arose in this area.     

AFTER LABELING AND CONFLICT

Criminology will become somewhat more concerned for values in the future hence shifting slightly from the empirical, scientific end of the spectrum toward the normative, philosophical end. This will result from crises in criminal justice. from the “coming crisis in western sociology.” from the effects of “critical criminology” from changes in social science generally. and from broader circumstances of criminology and criminal justice.     

INTERPARENTAL CONFLICT AND CHILD ADJUSTMENT

This article evaluates the past decade's research on the relationship between interparental conflict and children's behavioral, emotional, and social adjustment. Meta-analysis confirmed an overall conflict-adjustment relationship that was particularly strong and consistent across studies of behavioral outcomes. The article calls for further refinement of the general conflictadjustment relationship, particularly specification of the various dimensions of conflict and qualifications to limit applications to the particular populations that have been included in research. Secondary analysis is needed to differentiate the effects of family violence from other forms of discord and to compare outcomes for boys and girls. New research must extend inquiry to the full range of sociodemographic groups and family structures in our society. In the next decade, it is crucial to move beyond simple documentation of the general association between conflict and adjustment to identification of the specific conditions that put children at risk and safeguard them from harm.     

HIGH‐CONFLICT CONTACT DISPUTES: EVIDENCE OF THE EXTREME UNRELIABILITY OF SOME CHILDREN'S ASCERTAINABLE WISHES AND FEELINGS

This article challenges an increasing orthodoxy regarding the weight which courts might place upon the expressed views of children in a specific situation—high‐conflict contact disputes. I am a child psychiatrist who acts as an expert witness within the family courts of England & Wales. I have conducted a statistical analysis of cases in which I have conducted assessments of children caught in such disputes between their separated parents. Fifty‐eight children met the criteria for inclusion in the study—the child's consistent opposition to contact with the non resident parent (NRP), despite the court having determined that there was no good reason to constrain contact. My assessment routinely included attempted observation of the child at a visit with the NRP. Despite their stated views most children had a positive experience in those visits that took place, and despite the fact that most had not seen the NRP for a long time. Overall there was a statistical association between increased resistance to contact and the greater age of the child and the longer the time during which no contact had occurred. However, the responses of children and young people were unpredictable and it was impossible to conclude that apparent maturity or intelligence was a guide to the reliability of their expressed resistance. The possible reasons for this unreliability are discussed. I emphasize that my sample of children is unusual as many of the cases had involved serious, though unfounded, allegations of abuse. In addition most of the children showed indications of having become “alienated” from the NRP. I conclude that courts might exercise caution when evaluating the views of children and young people in this situation, and emphasises that assessors should consider including at least one observation of the child at a prolonged visit to the NRP. Because of the new orthodoxy some parents may be tempted to misuse their child's right to a “voice” in court in order to achieve their own ends. Practitioners who advise courts may need to be more aware of these difficulties.     

TOWARD THE DIFFERENTIATION OF HIGH‐CONFLICT FAMILIES: AN ANALYSIS OF SOCIAL SCIENCE RESEARCH AND CANADIAN CASE LAW

Social science research and the courts have begun to recognize the special challenges posed by “high‐conflict” separations for children and the justice system. The use of “high conflict” terminology by social science researchers and the courts has increased dramatically over the past decade. This is an important development, but the term is often used vaguely and to characterize very different types of cases. An analysis of Canadian case law reveals that some judges are starting to differentiate between various degrees and types of high conflict. Often this judicial differentiation is implicit and occurs without full articulation of the factors that are taken into account in applying different remedies. There is a need for the development of more refined, explicit analytical concepts for the identification and differentiation of various types of high conflict cases. Empirically driven social science research can assist mental health professionals, lawyers and the courts in better understanding these cases and providing the most appropriate interventions. As a tentative scheme for differentiating cases, we propose distinguishing between high conflict cases where there is: (1) poor communication; (2) domestic violence; and (3) alienation. Further, there must be a differentiation between cases where one parent is a primary instigator for the conflict or abuse, and those where both parents bear significant responsibility.     

SOCIOLOGICAL AND HUMAN DEVELOPMENTAL EXPLANATIONS OF CRIME: CONFLICT OR CONSENSUS?*

This paper examines multidisciplinary correlates of delinquency in an attempt to integrate sociological and environmental theories of crime with human developmental and biological explanations of crime. Structural equation models are applied to assess links among biological. psychological, and environmental variables collected prospectively from birth through age 17 on a sample of 800 black children at high risk for learning and behavioral disorders. Results show that for both males and females, aggression and disciplinary problems in school during adolescence are the strongest predictors of repeat offense behavior. Whereas school achievement and family income and stability are also significant predictors of delinquency for males, early physical development is the next strongest predictor for females. Results indicate that some effects on delinquency also vary during different ages. It is suggested that behavioral and learning disorders have both sociological and developmental correlates and that adequate educational resources are necessary to ensure channels of “legitimate opportunities” for high -risk youths.