FATHERS AND CHILD ABUSE ALLEGATIONS IN THE CONTEXT OF PARENTAL SEPARATION AND DIVORCE

Fathers' role in child abuse in the context of parental separation and divorce has been the subject of continuous stereotyping over the last several decades. This article examines the stereotypes projected against current research, particularly findings from a study of an experimental family court program designed for the better management of residence and contact disputes where child abuse allegations had been made. These findings are discussed in regard to similar studies internationally. While the two prevailing but opposing stereotypes of fathers' role in child abuse in this context were not confirmed by the research, aspects of the stereotypes regarding fathers' views and mothers' views of each other were supported. Problems associated with the paradoxical position of fathers as the most frequently alleged perpetrators of abuse, the most frequently substantiated perpetrators, and also the most frequently unsubstantiated perpetrators tend not to be fully addressed by the current court process for these disputes.     

ARE SELF-DETERMINED DIVORCE AND CHILD CUSTODY AGREEMENTS REALLY BETTER?

The results of this study support the hypothesis that couples who perceived themselves as having actively participated in the development of their own divorce decrees were more satisfied with their custody and financial arrangements and obligations. These same couples, however, reported more postdivorce conflict with their ex-spouses and more emotional maladjustment. It is concluded that there are costs and benefits attached to self-determined divorce decrees. Such decrees tend to require greater cooperation between ex-spouses, which in turn creates more opportunities for disagreements. Thus more attention needs to be paid to helping couples deal with the strife that is likely to occur after the divorce is final.     

A DECADE OF DIVORCE MEDIATION RESEARCH

A decade of divorce mediation research has focused on outcomes such as settlement rates, cost efficiency, client satisfaction, effect on levels of conflict and cooperation, psychological adjustment, and compliance. Despite methodological problems limiting generalizations, most studies report mildly favorable to very positive findings. Research on the mediation process and mediator behaviors has received very limited attention, and should be the focus of the next decade of research to elevate the mediation field to a more sophisticated, effective level of practice.     

IMPASSES OF DIVORCE

Creating an environment in which children can develop with trust and confidence is a key issue for social policymakers, family practitioners, and parents. Although allied by this concern, too often the three groups behave as if their interests are opposed; children can then become casualties. The process of separation and divorce creates particular opportunities and special hazards in this respect, which have enormous implications for the future well-being of individuals and communities. This report describes a model for conceptualizing, in the context of divorce, how it is that potential allies can sometimes become implacable foes, and considers some ways forward.     

SAME‐SEX MARRIAGE AND DIVORCE: A PROPOSAL FOR CHILD CUSTODY MEDIATION*

Same‐sex marriage is a contentious, politically charged issue full of diverse, complicated considerations. In 2003, Massachusetts joined the list of jurisdictions to legalize same‐sex marriage, the first in the U.S. Now that same‐sex couples can marry in particular international jurisdictions, governments must address how to sensitively allow these couples to divorce. Same‐sex couples have a unique set of needs and issues, most clearly demonstrated if children are involved in the marriage. This Note argues for the creation of mediation programs in American jurisdictions with same‐sex marriage, to specifically determine child custody agreements upon divorce.     

STANDARDIZATION OF DIVORCE MEDIATION

The importance of controlling for the effects of “mediator” variables has largely been overlooked in the mediation research. A survey of conciliation workers attached to the Victoria Family Court found no standard practice in the orientation of clients to the process of mediation, and the delivery of mediation services.