The 'Best Interests of the Child' and Parental Separation: on the 'Civilizing of Parents'

The concept of the 'best interests of the child' is both pivotal in family law and yet essentially contested. This paper reflects on the concept's position within a number of longer-term histories – of the jurisprudence surrounding child custody, of the social construction of childhood, and of the emotional constitution of family life more broadly. The turn to a co-parenting model from the 1970s onwards and the rise of the concept of the 'civilized divorce' is analysed by drawing on Norbert Elias's analysis of 'processes of civilization' in Western social life. The paper argues that the post-separation co-parenting model is only partially explained as the outcome of political manoeuvring by particular social and professional groups; it should also be understood as part of longer-term trends in family life, emotional management, and the socio-legal construction of childhood, as part of the on-going 'civilizing of parents'.     

Domestic violence and high conflict are not the same: a gendered analysis

In child custody decision-making experiences of domestic violence and high conflict are not the same. Legislative reform has not yet been guided by the parent voice to inform differentiated responses that keep women and children safe. Available literature in child custody decision-making focuses on outcome research regarding children’s adjustment and well-being. Debates about types of post-separation arrangements have yet to find agreement in three under-researched areas: (a) high conflict, (b) domestic violence; and (c) children under four. Yet, Canadian legislation supports shared parenting arrangements that privilege the dominant, powerful parent in situations of domestic violence. Based on a Canadian study that explores the parent perspectives and experiences of child custody decision-making, this paper privileges a sub-group of participants; five women, all survivors of domestic violence; defined here as both physical violence and coercive control. Data collection includes one-on-one tape-recorded interviews. Thematic analysis reveals that shared parenting is neither the goal, nor does it meet the needs of these women. The findings illuminate the importance of differentiating parent experience as distinct groups, and reinforces the notion of the state’s role in the reproduction of gendered power. Legislative reform and collaborative community practices are critical to facilitate healthy differentiated responses.     

FROM INFANTS TO ADOLESCENTS A Developmental Approach to Parenting Plans

Divorce and the resultant process of child custody decision making impact heavily on the lives of children. Increasingly, parents and professionals have realized the importance of encouraging shared responsibility in child rearing following separation and divorce. This shared responsibility must continue throughout a child's life and into young adulthood. This article introduces a comprehensive child-and family-focused model of decision making. The goal of this model is to assist professionals in their work with parents and to help parents formulate parenting plans that reflect the ever-changing developmental needs of each child and that specify how each parent will meet the particular needs of each child in the family. Through the use of educational parenting seminars and the completion of a Needs Assessment for each child, flexible parenting plans are created and positive co-parenting skills develop.     

A Multidisciplinary Perspective on the Role,Functions, and Effectiveness of Parenting Coordination

Based on a survey conducted in 2018 in collaboration with the Association of Family and Conciliation Courts’ (AFCC) Task Force on Parenting Coordination, this paper explores issues related to the process and perceived outcomes of parenting coordination for families post separation and divorce. The views expressed emerge from a diverse and multidisciplinary sample (n = 289) from legal, mental health, and conflict resolution backgrounds. Almost half of all participants (46%) were mental health professionals (psychologist, psychiatrist, social worker), followed by attorneys (28%), family mediators (17%) and judges (5%). Over half of all participants identified as a parenting coordinator (PC) (53%). Based on the results, participants had the highest level of agreement that the goal of parenting coordination should be to assist in sheltering the children from parental conflict and to help the coparents reduce interparental conflict. Participants assigned greater success to parenting coordination when there was demonstration that coparenting conflict decreased. Several differences were noted among professional disciplines and specifically between legal and mental health professionals. Mental health professionals rated higher on the effectiveness of PCs to help children adjust and limit their involvement in the parental conflict, while legal professionals focused on PCs’ ability to help families resolve legal disputes. The implications of the results are discussed, including how best to measure the success of parenting coordination and to prioritize outcomes related to the success of parenting coordination across disciplines to create greater consistency in the field.     

Popular post-separation parenting smartphone apps: An evaluation

In recent years a bewildering array of smartphone applications (“apps”) has emerged to support separated parents' communication. Post-separation parenting apps vary in cost and features; they typically comprise a messaging tool, shared calendar, expense tracker and a means to export records for legal purposes. A key challenge for separated parents and family law practitioners alike is knowing which apps or app feature(s) can work well for different family contexts, needs and budgets. The present study sought to evaluate nine popular post-separation parenting apps and their features using small-n Human–Computer Interaction methods. Mediators role-played high conflict ex-couples while completing a set of five common post-separation communication or organizational tasks. A cross-case analysis of ratings was conducted. We found that (a) many of the mediators changed their apparent enthusiasm for co-parenting apps once they had used the apps themselves; (b) all nine apps were rated somewhere between “Poor” to Fair’; and (c) features of some of the best-known apps were not rated as highly as some of the features of more recent, lesser-known apps.     

Associations among cruelty to animals, family conflict, and psychopathic traits in childhood

Previous research has produced mixed findings on the role of child and family factors in the genesis of childhood cruelty. The authors examined the relationships of cruelty to animals to a range of child and family factors. First, the authors test the idea that cruelty is a callous aggression that will be more strongly associated with psychopathic (callous or unemotional, CU) traits than general externalizing problems. Second, the authors operationalize family problems as open conflict rather than parenting problems as used earlier. Results indicated that for both genders, CU traits were associated strongly with cruelty. For boys, externalizing problems also added prediction in regression analyses. Family conflict was not associated with cruelty for either. These results suggest that cruelty to animals may be an early manifestation of the subgroup of children developing conduct problems associated with traits of low empathy and callous disregard rather than the more common pathway of externalizing problems and parenting problems.     

Perspectives of Mothers,Fathers, and Parenting Coordinators Concerning the Process and Impact of Parenting Coordination

In a small pilot study, 31 interviewees, including 12 parenting coordinators, 11 mothers, and 8 fathers representing 14 different parenting coordination cases retrospectively described child and family functioning both pre‐ and post‐parenting coordination in phone interviews. They also detailed how often and how well different issues that arose during the parenting coordination work (acrimony, problem‐solving communication, triangulation of the child into the conflict) were actively addressed. Parties tended to view coparenting more positively when reflecting on post‐ compared with pre‐intervention, but reported less change in child adjustment. Discrepancy among same‐case informant reports was common. Parenting coordinators (PCs) consistently rated their interventions as more frequent and successful than did parents. Mothers and fathers largely disagreed on interventions they experienced. While this small N pilot can offer no definitive conclusions, it underscores need for research and wisdom in including both parents' perspectives.     

CHILD‐FOCUSED AND CHILD‐INCLUSIVE DIVORCE MEDIATION: COMPARATIVE OUTCOMES FROM A PROSPECTIVE STUDY OF POSTSEPARATION ADJUSTMENT

This study compared outcomes over 1 year for two groups of separated parents, who attended two different forms of brief therapeutic mediation for entrenched parenting disputes. The two interventions each targeted psychological resolution of parental conflict, enhanced parental reflective function, and associated reduction of distress for their children. The child‐focused (CF) intervention actively supported parents to consider the needs of their children, but without any direct involvement of the children, while the child‐inclusive (CI) intervention incorporated separate consultation by a specialist with the children in each family, and consideration of their concerns with parents in the mediation forum. Repeated measures at baseline, 3 months, and 1 year postintervention explored changes over time and across treatments in conflict management, subjective distress, and relationship quality for all family members. Enduring reduction in levels of conflict and improved management of disputes, as reported by parents and children, occurred for both treatment groups in the year after mediation. The CI intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well‐being. These effects were strongest for fathers and children. Agreements reached by the CI group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the CF parents. The article explores the potential of CI divorce mediation to not only safely include many children in family law matters related to them, but also to promote their developmental recovery from high‐conflict separation, through enhanced emotional availability of their parents.     

PARENTING COORDINATION: IMPLEMENTATION ISSUES1

The parenting coordinator model (“PC model”) has been implemented in many states as an intervention for dealing with high conflict families in domestic relations proceedings before the courts. The PC model has been repeatedly recommended by professionals as an intervention to help families structure, implement, and monitor viable parenting plans and to reduce relitigation rates where high conflict threatens the family adjustment process. This article summarizes current professional literature on the PC model and discusses the PC model as it has been implemented in various states, outlining the implementation issues encountered. This information may serve as a guide for determining the feasibility of establishing the PC model in other jurisdictions, and provides insight into potential impediments and possible resolutions.     

Adoption Support and the Negotiation of Ambivalence in Family Policy and Children's Services

In this paper ambivalent commitments to parenting and family life by the New Labour government are explored by reference to the example of adoption support. Developments in adoption illuminate contrasting expectations in family policy and children's services more generally. Traditional normative concerns to support family status and parental autonomy are unsettled by contemporary anxieties about child outcomes and social mobility. Impatience with the attitudes and behaviour of parents has led to a 'progressive universalism' in which enhanced parenting services and expectations for all are combined with increasingly insistent and targeted interventions for the particularly needy, reluctant or recalcitrant few. At the same time demands for greater service modernization and professional effectiveness have led government to position parents as (potential) consumers too. The paper discusses these policy and practice tensions and concludes that new spaces are being opened up for the negotiation between parents and professionals about rights and responsibilities in family life and its support.     

Associations between Parent and Child Reports Of Interparental Conflict/Violence And Child Difficulties in A Family Mediation Setting*

We examined the association between parents’ (N = 52 mothers and 52 fathers) and children's (N = 27) reports of interparental conflict and child difficulties in a family mediation setting. Parents’ reports of conflict were moderately associated with children's reports of exposure to parental conflict, but only fathers’ reports of conflict were associated with children's reports of negative responses to parent conflict. While mothers and fathers agreed on their child's difficulties, only mothers’, not fathers’, report of child difficulties were moderately related to child reports of child difficulties. Mothers’ and fathers’ reports of conflict generally were not strongly associated with reports of child difficulties. In contrast to parent reports, children's reports of exposure to parents’ conflict were moderately and significantly related to self‐reported child difficulties and moderately related to parents’ reports of child academic difficulties. The magnitude of the association between the child's report of interparental conflict and self‐report of difficulties was stronger than the association between parent report of conflict and parent report of child difficulties, suggesting that parents may not fully understand their child's exposure to parent conflict/violence or the problems their child is experiencing.

Key Points for the Family Court Community:
• Family law stakeholders prioritize the creation of parenting arrangements that are in the best interest of the child; however, it is unclear how to gather information about the child and the child's perspective in order to inform such arrangements.
• The study results suggest that parents may not agree with each other or with the child about important family issues, such as parent conflict and child difficulties. For example, parents may not fully understand their child's exposure to parental conflict/violence when in the midst of custody negotiations.
• More research is needed to determine the best method for gathering information about the child during custody proceedings. In the meantime, it is important to gather information from multiple sources and to consider the agreement and differences across such sources of information.

     

PARENTING COORDINATION AND COURT RELITIGATION: A CASE STUDY

This case study explores the degree to which the number of court motions changed 1 year after parenting coordination was implemented with high-conflict co-parenting couples and examines the parents' demographic profile. Findings indicate a reduction of approximately 75% in child-related court filings, as well as a 40% decrease in other motions, resulting in a decrease of 50% in all motions filed, thus saving these once high-conflict couples, and the court, significant time and resources. The diverse demographic profile illuminates training and research implications regarding the use of parenting coordination as an intervention for high-conflict co-parenting couples.     

Hybrid processes within parenting plan assessments: Rationale and an illustrative model

Parenting plan Assessments, also known as child custody evaluations, are forensic psychological investigations into the needs of children, the parenting capacities of their caregivers, and the resulting fit between the children's needs and caregiver capacities. Typically, they result in recommendations that are, in the opinion of the assessor, formulated to meet the best interests of children regarding a parenting plan, child sharing, parental responsibilities and ancillary services that are likely to support the children's optimal functioning as well as the functioning of the now reconfigured family. Such assessments are part of a pathway to untangling conflicts between the parents regarding the most appropriate parenting plan for the reconfigured family. Paradoxically, the assessment process can exacerbate the conflict, entrench parental polarization, and create lingering feelings of helplessness, frustration, and disempowerment in the parents. This article provides a rationale for the use of a hybrid process that incorporates alternative dispute resolution as an integrated part of the parenting plan assessment and provides an illustrative model of such a hybrid process.     

Family Context and Childhood Adjustment Associated with Intrafamilial Unwanted Sexual Attention

Unwanted sexual attention (UWSA) encompasses unsolicited verbal comments, gestures, stares, and other noncontact behaviors made regarding one's sexuality and physical appearance. The present study examined the correlates and impact of such UWSA perpetrated toward girls by family members. The first objective of the study was to explore whether family climate is associated with intrafamilial UWSA. This included looking at three types of dysfunctional parenting styles (unaffectionate, unavailable, and patriarchal) as well as exploring the co-occurrence of UWSA by adult and child relatives. The second objective was to then measure the impact of such intrafamilial UWSA on childhood emotional health, after controlling for parenting style and the experience of more traditional forms of child sexual abuse (CSA). Of the 296 university women (mean age = 19) who participated in the study, 70% (N = 206) reported UWSA from a family member prior to age 18. Whereas each dysfunctional parenting style was related to presence of UWSA, a simultaneous multiple regression analysis indicated that two of the parenting styles, patriarchal and parental unavailability, also predicted frequency of nonphysical UWSA within the family. Presence of UWSA from a child relative was significantly correlated with presence of UWSA from an adult relative. Additionally, a hierarchical multiple regression, entering the three parenting styles simultaneously in the first step, childhood sexual abuse in the second step, and familial UWSA in the last step, indicated that the frequency of UWSA by family members significantly predicted poorer childhood mental health when controlling for the other variables. Overall, results indicate that while the specific parenting styles which co-occur with UWSA may be detrimental in their own right, the impact of UWSA on girls appears to be above and beyond that of either parenting styles or CSA. Clinical implications are discussed.     

A Randomized Comparative Effectiveness Trial of Two Court‐Connected Programs for High‐Conflict Families

Parents who experience great amounts of legal conflict as they dissolve their relationship and arrive at their parenting arrangements require an outsize proportion of courts’ time and resources. Additionally, there is overwhelming evidence that conflict has a deleterious effect on their children. We partnered with the family court to conduct a study comparing the effectiveness of two programs for families deemed by their judge to be high conflict and thereby mandated to a program. Both involved one 3‐hour session; the existing program, Parent Conflict Resolution (PCR), used exhortational lecture and video; the newly designed experimental program, Family Transitions Guide (FTG), based on motivational interviewing, employed exercises attempting to get parents to decide for themselves what they needed to do for the sake of their children. Parents were assigned at random to one of the two programs (the literature often terms this a randomized clinical trial) and were interviewed just before it began and 9 months later, as was a child. Results showed that child's report of their own well‐being was significantly improved by FTG as compared to PCR and that these effects were mediated by children feeling less caught in the middle. On several variables, parent report showed that parents in PCR as compared to FTG felt decreased problems in co‐parenting and less interparental conflict, although the effects were not consistent across mother and father report. There was also evidence of diminished legal conflict over 9 months in FTG as compared to PCR.     

PACT: A Collaborative Team Model for Treating High Conflict Families in Family Court

This article describes a court‐community model program for high conflict divorced families that is designed to reduce the level of inter‐parental conflict including: a) child exposure to inter‐parental conflict; and b) the frequency of re‐litigation over residential arrangements and parenting plans. The six‐session (16‐hour) program combines conflict resolution and group/community support. The program provides a “Personal Support Team” and “Personal Plan of Action” to help each parent control emotions and maintain agreement. The results of research conducted to explore the effect of the program on level of triangulation and inter‐parental conflict, as well as the frequency of re‐litigation over parenting plans, residential arrangements, and parenting time are reported.     

THE “EYE OF THE BEHOLDER”: PROFESSIONAL OPINIONS ABOUT THE BEST INTERESTS OF A CHILD

Child custody evaluations (CCEs) are a central feature of parenting litigation in many North American jurisdictions. However, there has been little recent research comparing CCE decisions about children's interests with decisions made by judges. This article presents empirical research about the extent to which Ontario judges accept custody and access recommendations from CCEs employed by Ontario's Office of the Children's Lawyer. The central finding was that the judges fully agreed with the CCEs only about half of the time. Possible explanations for this finding are explored, the most salient of which is the effect of delay in Ontario family litigation. In conclusion, the article suggests that a more efficient synthesis of the judicial and CCE decision‐making processes might be more consonant with the best interests of children involved in these disputes.     

Navigating adolescent depression and anxiety in the context of parenting plan evaluations

This article touches upon theories accounting for the rise in adolescent anxiety and depression and how the prevalence of adolescent anxiety and depression affects how we navigate parenting plan evaluations. This article also discusses the importance of screening youth for depressive and anxious symptoms and assessing family, parental, and youth risk and protective factors related to adolescent depression and anxiety. This article also highlights the importance of assessing for mediating factors that increase the risk of anxiety and depression in youth in the context of parental separation, such as interparental conflict, financial difficulties, and limited contact with one parent. This article also identifies various methods of assessing depression and anxiety, including the adolescent interview, observations during the interview, and self-report measures. Additionally, this article discusses potential interventions that address mediators of the impact of divorce, such as parenting problems, family conflict, or the parent–child relationship.     

Building and Enhancing Efficacious Coparenting in Parenting Coordination

Parenting coordination is a dispute resolution process to assist the subset of separating/divorcing parents who remain entrenched in high conflict coparenting post‐separation/divorce. Based on factors known to impact positive child outcomes, its goals include assisting parents to protect children from their conflict and implementing a framework that will assist the child to have a good relationship with both parents. Despite significant efforts, parenting coordination often falls short of achieving its intended goals, which include not only healthy child adjustment but also efficacious coparenting, which is itself an important mediator and moderator of child outcomes. This article raises questions and concerns about the extent to which child outcomes may be limited if the goals of parenting coordination are limited to establishing and implementing a disengaged, parallel model of coparenting, while avoiding or giving up on efforts to build and enhance cooperative coparenting. Given preliminary findings indicating some parents note change here express dissatisfaction with the process and outcomes, it is necessary to consider whether the seemingly intractable subset of parents referred for parenting coordination might benefit from something more or different. We discuss two innovations: One aims to strengthen individual parent readiness and responsiveness and the other brings parents together in a child‐centered team‐building approach. Though cooperative coparenting is a challenging and unrealistic goal for some parents, further research is necessary to understand more fully which interventions help which families, when and in what manner.     

LEGISLATING FOR SHARED PARENTING: EXPLORING SOME UNDERLYING ASSUMPTIONS

In 2006, the Australian parliament introduced new family law legislation about substantively shared overnight parenting arrangements between divorced couples. Other countries and state legislatures are currently debating the merits of similar legislation. A largely unquestionable premise underpins this reform, namely that the majority of children from separated families demonstrably benefit from the ongoing, warm and available involvement of both parents, in a climate of well-managed interparental conflict. The Australian legislation moves beyond encouragement of shared parenting in divorce cases with adequately functioning parents; it extends into grey areas which, to date, remain poorly serviced by credible research, including its application to children of all ages and to parents experiencing significant levels of ongoing conflict. Drawing on data from a longitudinal high-conflict divorce sample, this article challenges three assumptions that underpin a legislative preference for shared parenting, that shared parenting is viable and sustainable for divorced parents in conflict, that shared care enables improved cooperation between parents, and that as a result children will be less affected by their parents' conflict. The article further explores the influence of the mediation process on the choice and durability of shared parenting arrangements.