A NATIONWIDE SURVEY OF MANDATORY PARENT EDUCATION*

In an effort to take positive steps toward coping with problems for families and children created by high levels of separation and divorce, ever increasing civil caseloads and the exposure of children to interparental conflict, court‐affiliated educational programs have emerged in the United States for parents separating from their spouse or partner or going through a divorce. This article will provide an overview of the creation of such programs and their development, which includes a discussion regarding the numerous states currently mandating parents to attend. It will summarize some of the research which has been conducted as to the efficacy of the programs and will provide the results of our nationwide research for each state's parent education status. There is a discussion of domestic violence issues and sensitivities in the context of parent education programs and possible future directions for mandatory parent education.     

A REVIEW OF ONLINE DIVORCE EDUCATION PROGRAMS

Divorce education programs first surfaced over four decades ago. Today, many states mandate parents to participate in a divorce education program before their dissolution can be finalized. Changes in the technological landscape have allowed innovative practitioners to create online divorce education programs, yet these programs have not been formally evaluated for quality. Adapting a research design for evaluating face‐to‐face programs, we created an online divorce education review form and reviewed online divorce education programs that parents use to meet court‐mandated requirements. Results reveal that online programs have significant potential to help divorcing parents, yet there are areas of online program content and instructional strategies that can be improved. Program content that includes legal and court focused topics or modules, or that offer advice for families facing special circumstances such as domestic violence, could be enhanced. Additionally, most of the instructional strategies were passive. With this research, recommendations were made for improving program content and instructional strategies for online divorce education programs.     

FOSTERING RESILIENCE IN THE AFTERMATH OF DIVORCE: The Role of Evidence-Based Programs for Children

The negative impact of divorce is a concern with far-reaching ramifications for children's well-being. This article reviews divorce-related risks and protective factors that provide an empirical guide for the content of effective programs for children. The promising potential of child-focused interventions is highlighted, including examples of programs with evidence of effectiveness. The Children of Divorce Intervention Program is described in greater detail as an example of a preventive program with six controlled studies documenting multiple benefits to children, including reductions in anxiety, behavior problems, somatic symptoms, and increases in their healthy adjustment at home and at school. A vision for future research and practice is discussed, including best practices for adapting children's programs to court-connected services and a paradigm shift involving systematic preventive outreach to all separating parents with minor children, before difficulties become rooted and chronic.     

PREVENTION PROGRAMS FOR DIVORCED NONRESIDENT FATHERS

Divorced nonresident fathers are a promising target for preventive efforts to assist families after divorce. The research literature suggests that such programs should focus both on the frequency and the quality of the child's contact with the father, as well as the quality of postdivorce mother–father relations. Dads For Life (DFL) is the program for this target group with the most convincing evidence of preventive effects. This eight-week program centers on professionally made videos. It was tested in a randomized trial with 214 families. In comparison to control families, children in families in which the father participated in DFL had significantly lower internalizing problems. The preventive impact of DFL was strongest for the most troubled youngsters.     

ASSESSMENTS FOR POSTSEPARATION PARENTING DISPUTES IN CANADA

There is controversy in Canada about the use of assessments by mental health professionals to assist in the resolution of postseparation disputes between parents about their children. Although the principles developed by the Supreme Court of Canada to govern the admission of expert evidence in criminal law cases provides guidance for judges in family law cases, in deciding whether to order an assessment or admit expert evidence, family law judges must also take account of the child-related context. Mental health professionals can provide valuable information that would otherwise be unavailable when making prospective decisions about children. Court-appointed assessors also have a significant institutional role in the family law cases that has no equivalent in the criminal law context. Assessors are important not only for the relatively rare cases that go to trial, but they also play a central role in helping to resolve the much larger number of cases that are settled.     

ALIENATING AUDIENCES FROM INNOVATION: THE PERILS OF POLEMICS, IDEOLOGY, AND INNUENDO

When judging innovative programs like Family Bridges™, it is important to balance careful scrutiny with openness to new ideas. Judicial responses to children who reject a parent are best governed by a multifactor individualized approach. A presumption that allows children and one parent to regulate the other parent's access to the children is unsupported by research. A custody decision based solely on the severity of alienation leaves children vulnerable to intensification of efforts to poison their affections toward a parent. Concern with possible short-term distress for some children who are required to repair a damaged relationship should not blind us to the long-term trauma of doing nothing. Professionals are urged to minimize the infusion of polemics, rigid ideology, and rumors when offering opinions with inadequate information, particularly public statements that risk harming children.     

THE ELUSIVE PURSUIT OF SOLOMON: FALTERING STEPS TOWARD THE RIGHTS OF THE CHILD

This article provides a brief critique of presumptions about parenting and children seen through the lens of family law. It argues that, historically, decisions largely followed gender‐based and/or moral presumptions of the day and that sometimes these were in tension with each other. Sometimes, too, as in the biblical story of Solomon's judgment, biological parenthood was contested and/or gender did not provide a ready answer. The article argues that, as children's rights and the best interests of the child increasingly came to dominate the decision‐making rhetoric, a Solomon‐like belief has nonetheless persisted, that judicial ingenuity and sophisticated investigative resources can determine the underlying truth of a dispute and lead to the correct outcome. The evidence, however, points in the direction of significant predictive limitations to the legal, social, and psychological knowledge bases supporting most postseparation parenting decisions. It is argued that what is needed is a formal shift in emphasis from a somewhat idealized commitment to discovering the truth in most contested cases to a focus on good decision‐making processes. It is suggested that most transitional families are best served by an emphasis on good, respectful processes associated with good‐enough decisions that formally acknowledge the limitations of our capacity to predict. Good processes and good‐enough decisions are in turn best supported by a clear emphasis on children as individual agents, who, though dependent on adults, are entitled to the full panoply of human rights.     

TAKING DIVORCE OUT OF THE CONTEXT OF DISPUTE RESOLUTION

It has been suggested that a new system be developed for handling family problems, such as divorce and child protection—a system that would replace the adversarial court system. The author suggests going one step further: an alternative system that would take divorce out of a dispute resolution frame. The Danish system is described as an example of an administrative approach to divorce.     

Comparing targeted intervention modalities for high conflict co-parents: A quasi-experimental study

High conflict co-parents engage in recurrent litigation that significantly strains the court system and exacerbates their conflict. Given barriers to their engagement in service delivery (e.g., level of conflict, transportation, child care), it is vital to evaluate targeted interventions and to examine different intervention modalities (e.g., online, hybrid). This study compared court involvement and rates of parental agreement among 178 high conflict cases that received a multi-component intervention, either in-person or in a hybrid version. Results demonstrated no significant differences between groups in the change in number of court negotiations, child-related issues, or court services from before to after-intervention completion or in the proportion of parenting cases who reached an agreement. Both versions demonstrated significant reductions in parents' court involvement from before to after-intervention completion. These findings suggest the need for future research to evaluate the comparative efficacy of hybrid programs and in-person programs for high conflict co-parents with greater methodological rigor in light of the current study's findings and limitations.     

DO PARENT EDUCATION PROGRAMS PROMOTE HEALTHY POSTDIVORCE PARENTING? CRITICAL DISTINCTIONS AND A REVIEW OF THE EVIDENCE

Most parent education programs are designed to improve child well-being following divorce by changing some aspect of parenting. However, there has been relatively little discussion of what aspects of parenting are most critical and the effectiveness of programs to change different aspects of parenting. This paper addresses these issues by: 1. Distinguishing three aspects of post-divorce parenting that have been targeted in parent education programs; 2. Reviewing evidence of the relations between each aspect of parenting and the well-being of children and; 3. Critically reviewing evidence that parent education programs have been successful in changing each aspect of post-divorce parenting.     

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.     

Children’s voices on equal time-sharing arrangement following parents’ divorce

The article presents the final part of an Icelandic research project on parents and children of divorce, focusing on grown-up children’s experiences of equal time-sharing arrangements, ETSA, after their parents’ divorce. It consists of a quantitative analysis of firstly a nationally representative sample mapping the frequency and experience of 18–59 years old individuals of ETSA after parents’ divorce, and secondly a qualitative analysis of 16 long interviews with 16 children of divorce reflecting on their experiences. Both analyses indicate different experiences of this type of arrangement. The reality of the arrangement in practice is that parents chose the arrangement on the basis of their own preferences rather than a court imposing it or because the generally accepted core conditions for a positive outcome for children were in place. These negative experiences of ETSA are discussed in further detail and the need for law reform and service improvement is considered.     

BURDEN OF PROOF BEGONE

This article examines the tendency of emergency child removal decisions—by social workers, police officers, and judges—to become self-reinforcing and self-perpetuating in subsequent child protective proceedings. This snowball effect, as one court has referred to it, is widely acknowledged by lawyers who practice in juvenile court, yet is largely unknown beyond those circles. The article explores the causes and consequnces of this phenomenon in the age of the 1997 federal Adoption and Safe Families Act (ASFA), which converts every day that a child spends in foster care into one more tick of the clock in a countdown toward termination of parental rights. The article provides some background on the law and practice of emergency child removal in the United States today, analyzes the factors that make initial removals outcome determinative in many child protection cases, considers the implications of this phenomenon in light of ASFA, and identifies possible solutions.     

BURDEN OF PROOF BEGONE

This article examines the tendency of emergency child removal decisions—by social workers, police officers, and judges—to become self-reinforcing and self-perpetuating in subsequent child protective proceedings. This "snow-ball effect," as one court has referred to it, is widely acknowledged by lawyers who practice in juvenile court yet is largely unknown beyond those circles. The article explores the causes and consequences of this phenomenon in the age of ASFA (the 1997 federal Adoption and Safe Families Act), which converts every day that a child spends in foster care into one more tick of the clock in a countdown toward termination of parental rights. This article provides some background on the law and practice of emergency child removal in the United States today, analyzes the factors that make initial removals outcome determinative in many child protection cases, considers the implications of this phenomenon in light of ASFA, and identifies possible solutions.     

INTERPARENTAL CONFLICT AS A RISK FACTOR FOR CHILD MALADJUSTMENT: Implications for the Development of Prevention Programs

This article reviews research on the effects of interparental conflict on children and examines its implications for divorce education programs designed to reduce conflict after divorce. Basic research indicates that prevention programs for parents will be most effective in fostering children's adaptation to divorce if they can reduce the level of destructive conflict that children are exposed to, foster good parent–child relationships, and keep children from being caught in the middle of parental tensions and disagreements. Programs for children are likely to be most helpful if they help children learn ways to cope with situations in which they feel pressured to side with one parent against the other and avoid feeling responsible for parental problems. Although psycho-educational programs are widely available and often court-mandated, evaluation studies are rare and support for their efficacy is mixed.     

PARTICIPANTS’ EVALUATIONS OF ASPECTS OF THE LEGAL CHILD CUSTODY PROCESS AND PREFERENCES FOR COURT SERVICES

Domestic relations courts continue to experience large caseloads. As the volume of cases in which families are in crisis continues to grow, policy makers, practitioners, judges, and attorneys struggle to meet the growing demand and seek more effective ways to address the needs and issues of those who are engaged in child custody processes. The present study provides an examination of parent attitudes concerning various aspects of the legal process and preferences concerning a variety of court‐based family services and interventions.     

AN EXPLORATORY STUDY OF SUPERVISED ACCESS AND CUSTODY EXCHANGE SERVICES

The detrimental effect of parental conflict in protracted child custody and visitation disputes is well established in the literature. However, little is known about the impact of parental conflict on children when visitation takes place in a protected setting. Part of a larger study that examined the broader issues related to parental and child involvement in a supervised access and custody exchange service, this article specifically explores the influence of parental participation on child well-being. This exploratory effort reveals that children's level of adjustment remained stable over 6 months of participation while visitation returned to court-ordered levels and interparental contact was precluded by staff intervention.     

THE NEW BEGINNINGS PROGRAM FOR DIVORCING AND SEPARATING FAMILIES: MOVING FROM EFFICACY TO EFFECTIVENESS

This article describes a program of research on effectively transporting the New Beginnings Program (NBP), a university-tested prevention program for divorced families, to community settings. The four steps in this research are described: (1) selecting a community partner, (2) developing effective methods of engaging parents, (3) redesigning the NBP to be easily delivered with high quality and fidelity in community agencies, and (4) adapting the NBP to meet the needs of the full population of divorcing families. The article concludes with a discussion of plans for an effectiveness trial to evaluate the NBP when delivered in community settings.     

A GUIDE TO EFFECTIVE CHILD PROTECTION MEDIATION: LESSONS FROM 25 YEARS OF PRACTICE

What are the essential elements of a successful child protection mediation program? What outcomes are we seeking? How do we define success? How do these inform or direct program development so that it supports these outcomes? How do we know if it is working? And, how do we start out on the right foot? We are in the enviable position now, after 25 or so years, to benefit from lessons learned from the experiences of many programs. This article provides a 25‐year perspective on key elements that have contributed to the success of child protection mediation programs.