MAKING IT WORK

With the prevalence of divorce in our country, there is a serious need of services for divorcing families to be readily available and offered in a manner to increase the use of the services. Early intervention with the divorcing family is critical to help alleviate levels of parental conflict and decrease potential litigation. This article is an evaluation of the first year of court-mandated parenting psychoeducational workshops. The results demonstrate the positive effects of the workshops for most divorcing parents in terms of levels of ongoing conflict between parents, children's adjustment as observed by the parents, parents' adjustment, and parents' ability to settle the legal issues of the divorce and keep the children out of the middle of the conflict.     

HELPING CHILDREN SUCCEED AFTER DIVORCE

In an effort to prevent some of the well-documented problems that occur in children and families undergoing divorce, a parent education program, Helping children Succeed After Divorce, was developed and mandated by a domestic relations court in a major metropolitan area. The purpose of the parent seminar is to educate divorcing parents about the effects of divorce and continued conflict on their children and to specify concrete actions that divorcing parents can take to help their children. The seminar's intent is to prevent long-term emotional, social, and academic problems among children of divorce. This article addresses the development, operation, and preliminary evaluation results of this psychoeducational program for divorcing parents.     

SUPERVISED VISITATION: A CALL FOR A SECOND GENERATION OF RESEARCH

With the divorce rate rising and related child visitation disputes becoming an increasingly difficult issue before the courts, supervised visitation programs have proliferated over the last decade. The literature demonstrates that ongoing contact between children and both parents following separation and/or divorce is important for children's socio‐emotional adjustment and positive child/parent relations. However, there is a paucity of literature demonstrating a relationship between supervised visitation programs and child/parent relationship outcomes. Based on the lack of outcome research the authors argue for a second generation of research regarding intended and unintended consequences of supervised visitation. This article reviews and synthesizes the current literature, highlighting strengths, limitations, significant findings and proposes a critical need for evidence‐based research.     

The Denial of Visitation Rights: A Preliminary Look at its Incidence, Correlates, Antecedents and Consequences

The issue of visitation denial has inspired considerable debate and legislative activity. This article presents empirical evidence on the scope of the problem and the relationship between visitation and child support payment behaviors. Visitation denial is shown to be a problem, although reported levels of denial fall below both levels of non-contact by absent parents and non-payment of child support noted in previous research. Visitation difficulties appear to become established fairly early on in the separation/divorce process and fail to deviate over time. Although non-payment of child support cases do not always involve a visitation problem, the two phenomena are related with visitation problem cases being more likely to involve non-payment of child support. The data do not permit a deciphering of causal order in cases that involve both types of non-compliance. However, both phenomena appear to stem from conflict patterns between the parents which are detectable at early stages of the divorce process. These findings inspire several recommendations, including interventions with divorcing parents aimed at enhancing their communication skills and reducing levels of anger and hostility and the need to develop mechanisms in which visitation and child support grievances can be jointly aired.     

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.     

Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

The fastest growing marital status category in America is divorced, with the number of divorced individuals quadrupling between 1970 and 1996. The majority of children in divorced families live with a single parent and often lose contact with the noncustodial parent. A recent review of the literature suggests that many noncustodial fathers fail to keep contact with their children and become delinquent in child support payments because of their dissatisfaction with the custody arrangement. However, there has been little examination of how custody arrangements are typically determined or settled. In addition, divorces that involve spousal violence bring further complications to child custody, visitation, and child support decisions. This study included a 20% random sample of court records for all divorces settled in one county judicial circuit court during 1998. The purpose of this study was to examine characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions. Contrary to popular belief, findings from this study indicate that divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. About 38% of the couples had children in common and between 78 and 92% of cases were settled through agreement, which suggests that fathers are in fact agreeing to the custody arrangement, rather than being forced into it. About one in five records overall noted spousal violence, and there was no significant difference in settlement methods for couples with or without spousal violence. Cases with children and spousal violence were significantly more likely to have also mentioned substance use and postdecree activity. This study suggests a need for more focused attention on divorce cases with spousal violence to reduce postdecree court involvement and safety of children and adult victims, as well as further study into what causes noncustodial parents to lose contact with their children.     

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 .     

EFFECTS OF SKILL-BASED VERSUS INFORMATION-BASED DIVORCE EDUCATION PROGRAMS ON DOMESTIC VIOLENCE AND PARENTAL COMMUNICATION

This study used a pre- and postevaluation with a control group to compare the effectiveness of two divorce education programs: skill-based Children in the Middle (CIM) and informationbased Children First in Divorce (CFD). Each treatment group consisted of approximately 125 divorcing parents mandated to attend divorce education in Florida. The control group consisted of 64 divorcing parents not mandated to attend divorce education in Alabama for lack of a program. Treatment and control parents lived in comparable cities with comparable demographics. Results indicate that CIM, not CFD, improved parental communication. Both CIM and CFD reduced child exposure to parental conflict. Neither program had effects on domestic violence, actual parental conflict, or child behavior problems. Across all groups, parents with greater divorce knowledge and communication skills experienced more reciprocal discussions with the other parent, less parental conflict, less domestic violence, and they exposed children to less conflict.     

FAMILY MEDIATION AND NEVER-MARRIED PARENTS

Parents who were never married to each other are increasingly court-ordered to mediate disputes over their children. The author reviewed 441 cases of divorcing and never-married parents to compare their experiences with family mediation. Client situations, adjustments in mediator behavior, and outcomes of mediation such as mediation did occur and agreements reached were compared. Factors external to mediation had a different impact on never-married parents than on divorcing parents. The review indicated never-married parents had a higher no-show rate than that of divorcing parents, yet when never-married parents did appear for court-ordered mediation, they reached agreements at the same rate as divorcing parents. Surprisingly, the never-married parents with a history of violence were more likely to appear for appointments and reach agreements. Overall, with modifications in mediator assumptions and behavior, divorce/family mediation appears to be useful to never-married parents.     

The Resource Center for Separating and Divorcing Families: Interdisciplinary Perspectives on A Collaborative and Child‐Focused Approach to Alternative Dispute Resolution

The Resource Center for Separating and Divorcing Families (RCSDF) is a teaching model for providing interdisciplinary services to separating and divorcing families. The model was developed by the Honoring Families Initiative at the Institute for the Advancement of the American Legal System at the University of Denver. Services are provided by graduate and law students at the University of Denver, working side‐by‐side with a supervising licensed attorney, psychologist, and social worker. The experiential and interdisciplinary model of teaching and providing direct client services is the first of its kind in the United States. RCSDF students and staff seek to empower parents to make positive decisions about their family's future in a supportive and educational environment.

Key Points for the Family Court Community
• The current system of preparing graduate and law students for careers in family law is in need of improvement. This article provides information for educators and the family law community about the impact of interdisciplinary and experiential learning for students.
• Parents going through the transition of separation or divorce experience psychological and financial stressors that can create serious behavioral and adjustment issues for their children. The RCSDF works in a holistic manner with parents and children to minimize the levels of stress and anxiety during the transition.

     

A CALL UNHEEDED

This article discusses the obstacles to implementing education programs for divorcing parents, the goal of which is to make parents aware of the effect divorce can have on children and provide them with skills necessary to address such problems. This article attempts to differentiate between adopter and nonadopter courts, that is, courts that have adopted mandatory education programs for divorcing parents and courts that have not. The article also provides an analysis of possible justifications of why some courts have chosen not to implement such programs.     

HUNTER‐GATHERER COLLABORATIVE PRACTICE

This article describes the development of a practice group based on a hunter‐gatherer model, with the mission of providing high quality collaborative divorce services, with an emphasis on protecting children and divorcing partners, and expanding access to middle‐ and lower‐income families. The practice group professional disciplines include law, mental health divorce coaching, co‐parent coaching, financial analysis, and case administration. These professionals have collectively associated their individual practices to address challenges facing their collaborative practices. With common purpose, the practice group builds skills, generates client base, nurtures trust, and lays a common knowledge base. Collaborative divorce teams formed from its members serve divorcing families with efficient, cost‐conscious, interest‐based negotiation processes that protect children and help parties productively move on with their lives.     

EARLY INTERVENTION MEDIATION

Early Intervention Mediation was a fifteen-month research project conducted at the Court of Domestic Relations of Hamilton County, Ohio. The project's intent was to test the efficacy of the early introduction of mediation to resolve parenting issues. The project involved ordering half of all divorcing parents, who were unable to agree on custody arrangements for their children, to attend mediation within six weeks after filing for divorce. The other half of divorcing parents were a control group who followed existing court procedures. At the conclusion of the project, results were compared between the two groups. In 61% of divorce cases ordered to mediation, parenting issues were fully resolved. Families were spared damaging and costly litigation, and the court reduced judicial hours.     

Evaluation of Topics in Utah's ONE‐HOUR Divorce Education Program

Divorce education programs are mandatory in most states. Despite the ongoing debate in the field regarding the appropriate duration of these programs, the goal of the current study was to identify the following five content areas in divorce education that may be most relevant for predicting favorable outcomes: (1) impact of divorce on children, (2) impact of divorce on family relationships, (3) financial responsibilities of divorcing parents for children, (4) benefits of positive coparenting, and (5) impact of domestic violence on children and family relationships. Using divorcing parents' self‐reported data (N = 3,275) from a one‐hour online divorce education program in Utah, we examined participants' post‐divorce intentions to treat each other respectfully, especially in front of the child(ren), and engage in positive coparental practices. The results showed that the program was effective in obtaining these objectives. We discuss these findings in depth and offer suggestions for future programs.     

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.     

A Rigorous Quasi‐Experimental Design to Evaluate the Causal Effect of a Mandatory Divorce Education Program

All couples with minor children who filed for divorce within a specific 6‐week period (N = 191 couples) in one jurisdiction were ordered to attend a divorce education program. The control group included about 20 couples randomly selected from each of six 6‐week intervals before and six 6‐week intervals after the treatment interval (N = 243 couples). Archival records were searched for variables such as legal and residential custody award, visitation percentage, and relitigation. The impact of the program was assessed by evaluating, for each variable, whether the data for program interval departed from the straight (regression) line drawn through all the control group intervals. Only the visitation time award significantly differed: 27.75% for treatment couples and 22.46% for control couples. Analyses show that the father's attendance at the program primarily accounts for the difference.

Key Points for the Family Court Community
• There are considerable methodological weaknesses in most of the existing evaluations of divorcing parent education programs.
• Stronger, more scientifically rigorous—and thus persuasive—designs are possible in court settings, such as the regression discontinuity quasi‐experimental design we feature here.
• Archival records, such as various court filings, are a rich and relatively untapped source of data.
• Being mandated to attend a single 2‐hour divorcing parent education class caused an increase in the visitation time award in divorce decrees.
• There is a disconnect between being mandated by a judge to attend a program and actual attendance.

     

GOING TO COURT AS A LAST RESORT: ESTABLISHING A DUTY FOR ATTORNEYS IN DIVORCE PROCEEDINGS TO DISCUSS ALTERNATIVE DISPUTE RESOLUTION WITH THEIR CLIENTS

This Note advocates for the creation of a uniform ethical requirement that all attorneys in divorce proceedings involving children inform their clients about alternative dispute resolution (ADR), particularly mediation and collaborative law. By emphasizing cooperation and negotiation among the divorcing parents, both mediation and collaborative law offer these would-be litigants the opportunity to move forward with their parental duties long after the divorce is finalized. Using the ABA Model Rules of Professional Conduct as a template, this ethical requirement will ensure that clients are fully informed of the availability of ADR and of the chance to forgo potentially unnecessary litigation. Ultimately, the implementation of an ethical requirement holds the potential to minimize the impact of divorce on children by facilitating the process of moving forward for the family as a whole.     

JOINT CUSTODY AND THE PRESCHOOL CHILD

A longitudinal study of 25 families, with children aged 14 months—5 years, in joint custody, is reported. Varying motivations that lead divorcing parents to undertake and sustain joint custody are discussed, together with the stresses and gratifications of these arrangements for the parents and children. Findings are that where both parents are motivated primarily by interest in the child, where the parenting is sensitive and where the child is shielded from interparental conflict, young children do well. Such families were not the majority in this study. Significant differences emerged in the adjustment of the 1–3 age group as compared with the 3–5 age group which point to greater difficulties for the 3–5 year-olds.