PROBLEMS AND SOLUTIONS IN THE MANAGEMENT OF CHILD ABUSE ALLEGATIONS IN CUSTODY AND ACCESS DISPUTES IN THE FAMILY COURT

Child abuse allegations in custody and access disputes are serious matters and present family courts worldwide with major problems. This article reports a large research study just completed that investigated the way the Family Court of Australia managed child abuse cases. The study showed that such cases had become a substantial part of the court's current workload, their "core business" in fact. The families involved had many difficulties, including a history of family violence, and the present system was not appropriate for their particular problems. Thus, as new specialized court lead model of intervention was devised, based on principles relevant to family violence and incorporating the most effective strategies identified in the research.     

FAMILY DEVIANCE AND DELINQUENCY IN CHINA*

This research explores the relationship between family deviance and delinquency using survey data from Tianjin, a large city in China. We hypothesize that, similar to findings in the West, family deviance will be positively related to delinquency in China. We also hypothesize that the nature of the causal process linking these two variables will differ in certain respects from the pattern observed in Western nations, reflecting the unusually strong emphasis placed on family relations in Chinese society. The results of the analysis are mixed. Consistent with expectations, family deviance is positively related to official delinquency status, exhibiting indirect effects via family controls, moral commitments, and deviant associations, and direct effects that are likely to reflect family group pressures. We also discovered appreciable effects of friends' deviance, which runs counter to our hypothesis that the influence of family variables will significantly diminish the importance of peer associations. In general, our analysis indicates the key role of the family in explaining delinquent behavior in China, and it illustrates the utility of cross-cultural research for assessing the generality of research findings and identifying new directions for criminological inquiry.     

FAMILY RELATIONS AND DELINQUENCY IN ISRAEL

Several theoretical approaches (e.g., psychoanalytic theory, learning theory, and social-disorganization) have led criminologists to the belief that harmony in family life prevents delinquency, while disharmony promotes it. Moreover, several studies suggested that there is interaction between the functioning of the family and social class as causes of delinquency. The present study of 414 Israeli adolescents reveals neither interaction between family relationships and social class, nor any substantive main effect, suggesting that (1) Israel's social conditions render the family a relatively less important role as a crimogenic agent, and (2) that family life has previously been idealized. and their role exaggerated due to the theoreticians’ value bias     

DEVELOPING A UNIFIED FAMILY COURT IN ONTARIO

In Ontario, the Family Courts is a branch of the Superior Court of Justice. The author outlines the Canadian concept of a unified family court and the constitutional problems pecular to its initial establishment in Ontario in 1977, as well as its limited expansion in 1995. The courts is now on the verge of another expansion, which will be quite considerable. Also discussed is the need, in a unified family court, for a judiciary that specializes in family law cases, mediation teams and family law information centers in each court site, and most importantly, liaison and resource committees to support the work of the court.     

EXPANDING FORENSICALLY INFORMED EVALUATIONS AND THERAPEUTIC INTERVENTIONS IN FAMILY COURT

As the field of forensic family law has become more empirical and in need of novel behavioral health services, it has become necessary to broaden the duties of practitioners, to clarify forensic roles, and to develop more comprehensive court orders. This article introduces the application of Forensically Informed Evaluations and Therapeutic Interventions in family court; a constellation of evaluations and interventions developed to better meet the needs of children and families during and after dissolution or reconstitution. These family court appointments also meet the growing demands of the court and contribute to the trend toward discriminative application of empirically informed behavioral health services in forensic family law.     

SKEPTICISM BORDERING ON DISTRUST: FAMILY LAW IN THE HOLLYWOOD CINEMA

This article critiques Hollywood films from the last last 20–30 years that relate to family law. More specifically, this article considers films involving marriage, divorce, child custody, and adoption and focuses on the portrayal of law in those films. While the films are not tightly connected to one another and surely do not share a unified theme, the films do share a surprising skepticism bordering on distrust regarding law, legal procedures, and legal institutions. Hollywood appears to have picked up a general sentiment that family should be a private, intimate sanctuary and is better off without state intrusion through law. The films incorporate this sentiment and also reinforce it by teaching viewers to be leery of law in family matters. Key Points for the Family Court Community:

• 1 Recent Hollywood films include not only abundant portrayals of family life but also numerous examples of family law.
• 2 As a result, these Hollywood films have the potential to educate viewers about family law and to prompt certain normative attitudes about family law.
• 3 In general, Hollywood films invite viewers to be skeptical and even disdainful of family law.

     

IN THE BEST INTERESTS OF CHILDREN

In the traditional family law and child protection litigation where the court is asked to make determinations based on the best interests of a minor, the adversarial, rights-based model often fails to serve the interests of children and families and may be more harmful than beneficial to children relative to other possible methods of dispute resolution. This article examines the shortcomings of such an adversarial, rights-based model; briefly highlights the literature on dispute resolution systems design; and then proposes a new approach to better serve the interests of children in family law and child protection cases.     

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.     

ASSESSING CREDIBILITY IN ALLEGATIONS OF MARITAL VIOLENCE IN THE HIGHCONFLICT CHILD CUSTODY CASE

Forensic psychology has not systematically examined the problem of evaluating the credibility of allegations of marital violence within the context of a child custody case. The importance of this issue stems from the negative effect of family violence on children, the implications for parenting effectiveness, and consideration of the feasibility of joint custody. When marital violence has not been previously disclosed or objectively documented by prosecution, there is a need to examine the credibility of the allegations because of the strategic incentive for both sides to distort historical events. A six-factor model is presented to assist the child custody evaluator and judicial decision maker in this task. A risk assessment approach to marital violence in the custody evaluation context is presented. The need to examine the empirical basis of marital violence allegations in custody litigation should not discourage victims from raising the issue and does not diminish the seriousness of family maltreatment as a social problem.     

MEDIATIVE STRATEGIES IN THE MANAGEMENT OF CHILD SEXUAL ABUSE MATTERS

This article presents the theoretical importance and practical applications of mediative strategies in family conflicts where sexual abuse allegations are involved. Traditional approaches often further the breakdown of the family and harm the children. The linear nature of the legal system in which these conflicts are played out, the strong moral and cultural influences in issues concerning sexuality, and the approach of the professionals involved are factors considered. When multiple professionals intrude simultaneously on a family, there is severe disruption of the boundaries and internal hierarchy of the system. The process of mediation allows for effective conflict management because it is premised on systemic problem solving. The article catalogues specific mediative skills, strategies, and techniques that can be applied. It also encourages the use and incorporation of mediation in court systems to more effectively manage family conflicts such as divorce and juvenile matters, where sexual abuse is often alleged.     

SUBSTANCE-ABUSING FATHERS IN FAMILY COURT

Although all forms of substance abuse disproportionately affect men during early to middle adulthood, when many are fathering children, the status of substance-abusing men as parents is largely ignored in public policy, service delivery, and research exploring the consequences of chronic drug and alcohol abuse. In this review, the authors highlight issues of potential concern to professionals working with this poorly understood, negatively stereotyped population of fathers in family court settings. After reviewing the existing literature on substance-abusing fathers and their children, the authors challenge family court personnel to use (a) awareness of stereotyping, (b) clinical assessment, (c) the principles of therapeutic jurisprudence, and (d) treatment resources to minimize, as much as possible, the risk for poor developmental outcomes incurred by children with a substance-abusing father.     

JUDICIALLY HOSTED SETTLEMENT CONFERENCES IN DOMESTIC RELATIONS CASES

Trial court judges have not traditionally been involved in facilitating negotiations in domestic relations cases. The move toward alternative dispute resolution presents opportunities to judges to involve themselves in assisting litigants and their attorneys to fashion agreements that are tailored to each family. This article examines the elements and variables inherent in settlement negotiations and domestic relations and makes suggestions for judges who host settlement conferences in family law cases.     

ASSAULTIVENESS AND ALCOHOL USE IN FAMILY DISPUTES

Systematic naturalistic observation often contradicts experimental laboratory findings and idiosyncratic personal perceptions. In this study, family disputes managed by police officers trained in interpersonal conflict management yielded uniform observational data on 1,388 cases. The view shared by police and by social scientists that family disputes are likely to involve assaultiveness and that such behavior is typically caused by alcohol use was not supported by these data. Instead, the findings suggest that: assaults do not usually precede arrival of police; disputes are not usually influenced by alcohol use; and, indeed, assaults are less common when alcohol has been used.     

REFLECTIONS ON THE STATE OF CONSENSUS-BASED DECISION MAKING IN CHILD WELFARE

Consensus approaches to child protection decision making such as mediation and family group conferencing have become increasingly widespread since first initiated about 25 years ago. They address but are also constrained by paradoxes in the child protection system about commitments to protecting children and to family autonomy. In a series of surveys, interviews, and dialogues, mediation and conferencing researchers and practitioners discussed the key issues that face their work: clarity about purpose, system support, family empowerment, professional qualifications, and coordination among different types of consensus-building efforts. Consensus-based decision making in child protection will continue to expand and grow but will also continue to confront these challenges.     

FAMILY MEDIATION IN EUROPE

The Committee of Ministers of the Council of Europe adopted Recommendation Number (98) 1 titled "Family Mediation in Europe" on January 21, 1998, at the 616th meeting of the Ministers' Deputies. This recommendation focused on the use of mediation in resolving family disputes. After a brief introduction, this article reprints the recommendation. ¹     

UNBUNDLING LEGAL SERVICES IN MEDIATION

The adversarial model for resolving family disputes is seriously flawed. The judicial system is inefficient and uneconomical. The vast majority of litigants cannot afford to have their cases handled by a lawyer, and, as a result, they end up representing themselves. However, divorcing spouses want and need legal services. They should not be forced to choose between full services and no services. As mediation moves toward acceptance as the preferred method for resolving family disputes, attorneys have an opportunity to offer a menu of legal services from which clients may order a la carte. This is the essence of unbundling. This article explores how unbundling enables mediation clients to obtain the legal services they request at an affordable cost and relieves consulting attorneys who perform discrete tasks of responsibility for the outcome of the case.     

PARENTS IN DISTRESS

State legislatures and courts continue to struggle with the issue of providing reunification services to mentally ill parents. Recent case law highlights the lack of uniformity among the states and the courts in establishing a standard for a state's duty to provide reunification services to mentally ill parents. This article examines how inconsistencies among the courts work against mentally ill parents in their pursuit of family reunification. Furthermore, the article discusses the inadequacies of servcies offered to mentally ill parents. The author argues that society and mentally ill parents benefit from imposing a duty on provide reunification services to mentally ill parents.     

CHILDREN,THE UNCRC,AND FAMILY LAW IN ENGLAND AND WALES

There is no doubt that, overall, there has been a great deal of activity in relation to children's rights under the United Nations Convention on the Rights of the Child (UNCRC) since it was ratified by the UK government in 1991. Of particular significance in the context of family law, however, are the provisions of Article 12, which have in many ways proved to be more problematic than other provisions, not least because, in the context of family law, children's participation rights are necessarily juxtaposed with the long‐standing and hitherto unchallenged rights of parents to make important decisions about family life. The reorganisation in 2001 of the family court welfare services in England and Wales with the creation of the Children and Family Courts Advisory and Support Service (CAFCASS), generated a new impetus for the consideration of children's participation rights and, at an organizational level, considerable progress has been made in embracing the provisions of the UNCRC. More problematic, however, is the acceptance of children's participation in making decisions about their futures by adults using and working in the family justice system. At the level of the courts, judicial attitudes are slow to change and in England, as court judgments often demonstrate, these are firmly rooted in a view of children as being incompetent in such issues; at the level of parents using the system, it is arguable that new discourses about the best interests of the child serve as a proxy for continuing discourses about parents’ rights that have become evident, most recently, in the context of an increasingly influential fathers’ rights lobby; and at the level of welfare practitioners, recent research also demonstrates that, although the rhetoric of children's rights is widely accepted, the willingness and ability to make these real in the context of family proceedings is, for a variety of reasons, less in evidence.     

THE CRISIS IN DOMESTIC LAW

The author proposes some measures for dealing with unmarried parents, who in all Western countries form an ever-increasing percentage of parents. The author suggests the adoption of an administrative system similar to the one used in Scandinavian countries for the dissolution of marriage and traces the excessive costs of the family law system in other countries to the insistence that divorce be granted by court order.