CULTURE, DIVORCE, AND FAMILY MEDIATION IN HONG KONG

Over the past three decades, Hong Kong has witnessed unprecedented economic prosperity, a decrease in family solidarity, an increase in social problems, and a dramatic rise in the incidence of divorce. Under colonial rule for 150 years, which ended with the return of sovereignty to China in 1997, the identity of the Hong Kong Chinese is a combination of traditional Chinese and modern Western culture. Despite Western influences, Chinese cultural heritage remains the major source of influence in all aspects of life. This article presents a summary of traditional Chinese culture, characteristics of contemporary Hong Kong society, factors believed to influence the high divorce rate, and the impact of divorce on Hong Kong families. The development, use, acceptability, and effectiveness of mediation in Hong Kong is reviewed, and suggestions for adapting it to Chinese families are proposed. Direction for future development of mediation in Hong Kong focuses on the need for further research to develop a scientifically sound knowledge base that will help to inform culturally competent mediation practice.     

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.     

FATHER INVOLVEMENT AND LONG‐TERM YOUNG ADULT OUTCOMES: THE DIFFERENTIAL CONTRIBUTIONS OF DIVORCE AND GENDER

The present study investigated the relationship between retrospectively reported father involvement and current reports of psychosocial outcomes in an ethnically diverse sample of 1,989 young adults. Outcomes included subjective well‐being, which has been traditionally used as an outcome of divorce, and desires for more or less father involvement, which have only recently been conceptualized as an outcome of divorce. The present results indicate that reported father involvement was related to subjective well‐being primarily in children from intact families, whereas it was related to desired father involvement primarily in children from divorced families. Among participants from divorced families, young women were more likely than young men to desire more expressive father involvement than they received. Implications for family court practices are discussed.     

THE (DE)CONSTRUCTION OF CONFLICT IN DIVORCE LITIGATION: A DISCURSIVE CRITIQUE OF “PARENTAL ALIENATION SYNDROME” AND “THE ALIENATED CHILD”

In high‐conflict divorce litigation involving custody and access, mental‐health professionals are often used to assess the case and make recommendations. Using Foucauldian theories of discourse, this article suggests that these assessments, which are intended to resolve the conflict or offer profitable information, often participate in the conflict by constructing assessments and diagnoses that fit with legal discourse, and thus with the outcomes of adversarial‐styled rulings and ideologically driven interests. This article suggests that so long as such professionals are driven by the privileged discourse of law and psychology/psychiatry, the best interests of those at the center of the conflict can have their experience co‐opted by the iatrogenic features of these discourses.     

LESSONS LEARNED FROM A CHILD PROTECTION MEDIATION PROGRAM: If At First You Succeed and Then You Don't…

This article discusses the U.A.L.R. child protection mediation program as well as several other child protection mediation programs in order to examine what makes a program a continuing success. Child protection mediation programs have gone through a period of tremendous progress and growth over the past 20 years in the United States and Canada. Numerous studies have shown that child protection mediation helps families and courts by lowering the amount of time that children spend in foster care and the amount of costs for courts and agencies. Child protection mediation is an essential tool for juvenile courts and the families that have cases there. This article addresses the development of child protection mediation programs, their importance to juvenile courts, and some reasons that these programs succeed or fail. Although many of these programs have early accomplishments, they have not always been able to maintain their growth or to continue to exist. The U.A.L.R. Mediation Project has not sustained its early levels of cases or referrals from court for numerous reasons. Using the techniques of other thriving programs, we will attempt to restart and re-energize the program. It has been established that the people who have a role in the establishment of a program, the funding sources and especially the commitment of the parties to the program all have a significant long-term impact. This article points out how programs should begin and proceed if they are to be a long-term success.     

TRENDS IN CHILD PROTECTION MEDIATION: RESULTS OF THE THINK TANK SURVEY AND INTERVIEWS

Several child protection conflict resolution program directors and researchers talked about how best to initiate a networking effort for their field. In September 2007, their conversations culminated in a Think Tank in Columbus, Ohio. This was a collaboration of judges, program directors, researchers, and representatives from national organizations that work in child protection. Participants felt this was a successful effort and that the meeting provided networking opportunities and many provocative discussions. In order to facilitate a meeting that would be meaningful for the Think Tank participants, input was solicited from as many constituent groups as possible. Surveys and interviews were completed in the summer of 2007, which shed light on themes that were ripe for discussion and improvement. This article details the survey and interview results and includes some brief comments from the Think Tank itself. Thoughts about future research in child protection conflict resolution are also provided.     

EVIDENCE OF A DIFFERENT NATURE: THE CHILD‐ RESPONSIVE AND LESS ADVERSARIAL INITIATIVES OF THE FAMILY COURT OF AUSTRALIA

This article charts the constellation of vision and research that underpin a new era in the Family Court of Australia, focusing on the development and outcomes of two programs that have attempted to meaningfully reinforce the centrality of children's rights and needs in family court proceedings. The Less Adversarial Trial and its front‐end Child Responsive Program (CRP) both aim to minimise the potentially negative effects on parents of a litigation process by application of a more intensive case management model adopted with the intention of altering the parents’ experience of the journey. Key features of this approach include the adoption of inquisitorial techniques, which include direct consultation with children through the CRP, modified application of the rules of evidence, and strong judicial management rather than being party driven. Findings from two studies into the pilot Children's Cases Program (now the Less Adversarial Trial) and the CRP are discussed. Significantly, evidence is outlined around the capacity of the new processes to impact on both the co‐parenting and parent–child relationships and to influence short‐term adjustment of complex families in high‐conflict dispute. In encouraging a more active focus on children's needs and views and by facilitating a stronger voice for children in proceedings that affect them, both initiatives advance Australia's commitments under the United Nations Convention on the Rights of the Child.     

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.     

COLLECTIVE EFFICACY,AUTHORITATIVE PARENTING AND DELINQUENCY: A LONGITUDINAL TEST OF A MODEL INTEGRATING COMMUNITY‐AND FAMILY‐LEVEL PROCESSES*

In this paper, we develop and test hypotheses on how authoritative parenting and collective efficacy combine to increase a child's risk of affiliating with deviant peers and engaging in delinquent behavior. Analyses using two waves of data from a sample of several hundred African American caregivers and their children largely supported the predictions. Over time, increases in collective efficacy within a community were associated with increases in authoritative parenting. Further, both authoritative parenting and collective efficacy served to deter affiliation with deviant peers and involvement in delinquent behavior. Finally, there was evidence of an amplification process whereby the deterrent effect of authoritative parenting on affiliation with deviant peers and delinquency was enhanced when it was administered within a community with high collective efficacy.     

ON BEING A CHILD CUSTODY EVALUATOR: PROFESSIONAL AND PERSONAL CHALLENGES,RISKS, AND REWARDS

Conducting child custody evaluations is one of the most complex, challenging, and sometimes risky professional endeavors that a mental health professional can perform. This article examines the professional and personal challenges which may be encountered by the evaluator. In addition to discussing the role requirements and need to maintain awareness of bias and countertransference, challenges such as coping with state board or ethics complaints and possible risks to personal safety are also addressed. Suggestions for risk management and coping with the demands of these assessments are offered, as well as the benefits and rewards of engaging in this important work.     

COMMENTARY ON KELLY AND JOHNSTON'S "THE ALIENATED CHILD: A REFORMULATION OF PARENTAL ALIENATION SYNDROME"

In a previous issue of this journal, Joan B. Kelly and Janet R. Johnston describe their reformulation of the parental alienation syndrome (PAS). Here, I present areas in which I agree with the authors and areas in which I disagree. Particular focus is placed on these PAS-related issues: the syndrome question, PAS versus parental alienation, the medical model, custodial transfer, gender bias, DSM-IV . empirical studies, and the misapplication of PAS.     

FINDING THE BALANCE: ETHICAL CHALLENGES AND BEST PRACTICES FOR LAWYERS REPRESENTING PARENTS WHEN THE INTERESTS OF CHILDREN ARE AT STAKE

This article explores ethical and practical issues facing attorneys in representing parents in a contested custody matter. The article traces the history of the way this matter has been handled historically and presents the latest thinking reflected by the American Academy of Matrimonial Lawyers in their most recent publication of ethical guidelines for attorneys. The article also presents perspectives from several jurisdictions including Australia and Oregon.     

A COMMENT ON WILLIAM J. HOWE AND HUGH MCISAAC'S ARTICLE “FINDING THE BALANCE” PUBLISHED IN THE JANUARY 2008 ISSUE OF FAMILY COURT REVIEW

This article is a response to an article written by William Howe and Hugh McIsaac that questions their recommendations that court‐based mediation not be used when certain types of persons appear in court. We assert that it will be very difficult for the court to identify these people. Further, we argue that mediation practice has advanced so far that even these persons (those with serious issues of domestic violence, substance abuse, and mental health) should be given an opportunity to participate in mediation before being referred to the adversarial court process.     

A LONGITUDINAL TEST OF THE EFFECTS OF PARENTING AND THE STABILITY OF SELF‐CONTROL: NEGATIVE EVIDENCE FOR THE GENERAL THEORY OF CRIME*

This study investigates two core propositions of Gottfredson and Hirschi's (1990) general theory of crime. Using longitudinal data collected on approximately 750 African American children and their primary caregivers, we first examine whether self‐control fully mediates the effect of parenting on delinquency. Consistent with the general theory, we find that low self‐control is positively associated with involvement in delinquency. Counter to Gottfredson and Hirschi's proposition, we find that self‐control only partially attenuates the negative effect of parental efficacy on delinquency. Next, we assess the theory's hypothesis that between‐individual levels of self‐control are stable. Finding substantial instability in self‐control across the two waves, we explore whether social factors can explicate these changes in self‐control. The four social relationships we incorporate (improvements in parenting, attachment to teachers, association with pro‐social peers, and association with deviant peers) explain a substantial portion of the changes in self‐control. We then discuss the implications of these findings for the general theory of crime.     

SOCIAL WORK AND LAW: A MODEL APPROACH TO INTERDISCIPLINARY EDUCATION,PRACTICE, AND COMMUNITY‐BASED ADVOCACY

Many schools of social work maintain partnerships with schools in other fields, including law schools. Social work educators also seek to provide students with real‐life educational experiences. Schools maintain ties with community‐based organizations to facilitate field placements for students and also to effect social change. I review existing literature regarding social work interdisciplinary education, focusing on law and social work. I describe a social work program designed to provide students with interdisciplinary education both in the classroom and in the field and to effect community‐based advocacy. Finally, I describe pending research designed to measure the program's efficacy.     

SELF‐CONTROL,SOCIAL BONDS,AND DESISTANCE: A TEST OF LIFE‐COURSE INTERDEPENDENCE

Theoretical debates and empirical tests on the explanation of stability and change in offending over time have been ongoing for over a decade pitting Gottfredson and Hirschi's (1990) criminal propensity model against Sampson and Laub's (1993) life‐course model of informal social control. In 2001, Wright and his colleagues found evidence of a moderating relationship between criminal propensity, operationalized as self‐control, and prosocial ties on crime, a relationship they term life‐course interdependence. The current study extends their research by focusing on this moderating relationship and the developmental process of desistance from crime among serious juvenile delinquents. Contrary to the life‐course interdependence hypothesis, the results indicate that whereas self‐control and social bonds are strongly related to desistance from crime, there is no evidence of a moderating relationship between these two factors on desistance among this sample. The implications of this research for life‐course theories of crime, future research, and policies regarding desistance are discussed.     

RACIAL–ETHNIC THREAT,OUT‐GROUP INTOLERANCE,AND SUPPORT FOR PUNISHING CRIMINALS: A CROSS‐NATIONAL STUDY*

Scholars often have used the group threat thesis to explain why punitiveness varies across places. This research regularly has found that punitiveness is harsher in places with a larger minority population. Yet researchers only have had a rudimentary grasp of why this is the case. Moreover, most prior research has focused only on the United States, giving us little knowledge of whether the group threat thesis is a viable explanation of cross‐national differences in punitiveness. In the current study, we postulate that the relative size of the out‐group population affects punitiveness indirectly, via its impact on individual intolerance toward ethnic out‐groups. We test this thesis cross‐nationally with data from individuals residing in 27 European countries. Our findings are consistent with the argument that greater racial/ethnic diversity at the country level affects individuals’ attitudes toward minority out‐groups, which in turn increases their support for severely punishing criminal offenders.     

FAMILICIDE AND FAMILY LAW: A STUDY OF FILICIDE–SUICIDE FOLLOWING SEPARATION*

This article is based on a qualitative study undertaken in Western Australia, which examined in depth seven cases of family homicide followed by suicide where disputed custody and/or access was identified as being an issue. These offenses typically consist of one or more young children being murdered by their father, the homicide being followed by the perpetrator's suicide. Common factors are identified and suggestions made for screening and proactive management of high‐risk cases. Possible explanations of perpetrators’ motivation are proposed. Trauma effects on survivors are described. Recommendations for future policy, practice, and research are made.