Reunification Family Therapy: A Treatment Manual,by Jan Faust,Hogrefe Publishing (2017)

Jan Faust's (2017) book entitled Reunification Family Therapy: A Treatment Manual, is a well‐organized, evidence‐based resource for clinicians who intervene in one of the most challenging and complex problems in high conflict shared custody‐parent‐child contact problems. She provides a comprehensive conceptual framework for this work, which is grounded in Family Systems, and details more specific interventions that address individual, relationship and larger system issues. The addenda contain useful tools and resources to structure treatment, including a 14‐session Fundamental Treatment Plan.     

Risks and Realities of Working with Alienated Children

Involvement in custody cases that include accusations of parental alienation—whether as an evaluator, expert witness, lawyer, judge, therapist, provider of a specialized intervention, or researcher—incurs both professional and personal risks. Some risks relate to false negative or false positive identifications of parental alienation that can lead to regulatory agency complaints and public condemnation by the parent who feels wronged by the case outcome. Other risks stem from providing services in an emerging area of practice and working with children who overtly oppose repairing the relationship with their rejected parent. These risks include: unfounded accusations of mistreating children; negatively biased commentary and sensationalist attacks in the media and in social media, professional conferences and journals, and in courtroom testimony; harassment, vilification, and invasion of privacy; threats of violence and public humiliation; shunning and rumor spreading by colleagues; and complaints to regulatory agencies. This article examines circumstances, beliefs, and dynamics that give rise to these risks, suggests precautions to reduce the risk of false accusations against professionals, and offers recommendations for dealing with regulatory agencies. Criticisms that a court or service provider has mistreated a child merit careful scrutiny in the context of the case evidence and empirical data. While some interventions for alienated children raise legitimate concerns, others have been maligned by anecdotal complaints that studies show do not represent the experience of most participants.     

Response to “Ideology and Rhetoric Replace Science and Reason in Some Parental Alienation Literature and Advocacy: A Critique,” by Milchman,Geffner, and Meier

The author wrote an article, “Parental Alienation and Misinformation Proliferation,” for this Special Issue of Family Court Review, which is devoted to various aspects of parental alienation (PA). This short article is a response to the article by Milchman, Geffner, and Meier, which discussed my article and other contributions to the Special Issue. All of these articles represent an attempt by the Editors of the Special Issue to promote “dialogue” among writers who have different perspectives regarding parental alienation. In my view, this is a misguided endeavor, since the publication of cascading criminations, recriminations, and re‐recriminations simply creates confusion and consternation for the readers of Family Court Review. This new article offers an alternative approach for creating constructive dialogue among PA‐promoters and PA‐detractors, that is, convene a face‐to‐face discussion of these individuals and encourage them to write an article together in which they jointly explain their various perspectives regarding PA.     

Dispossession and disalienation: The fulfillment of life in Ursula LeGuin's The Dispossessed

For Caleb

In The Dispossessed, Ursula LeGuin imagines a non‐authoritarian society that privileges freedom and centers the individual's realization of her creative potentials in social context as the means to achieve the highest functioning, least repressive society. The concept central to this imagination of freedom and the ‘good life’ as expressed in her anarchic vision is that of disalienation, in the Marxist sense. In theorizing an anarchic society, whether or not a particular aspect of social organization is disalienating becomes for LeGuin the key criterion for assessing and determining the human efficacy of, in particular: the organization of work; the relationship between self, society, and nature; and the distribution of both social responsibilities and resources. This paper explores how LeGuin measures the alienating effects of a range of socio‐economic institutions, practices, and bodies of knowledge—from how we organize work, to how we establish the state and its governing power, to how we think about time—highlighting her critique of the alienating structures of our culture and the way they curtail human creativity and disarm individuals from developing freely and fully, that is, in a way that would benefit society as a whole and promote individual happiness.     

论我国自由裁量权制度的构建

按照对规则的尊重程度,可将自由裁量权分为弱自由裁量权和强自由裁量权。自由裁量权的作用包括:减轻法律的严峻性、制定利益妥协方案、作出体现最大利益的判决、拒绝适用成文法规则、创设新的规则等。法律规则、法律程序和法律原则都具有约束自由裁量权的作用。要构建和谐社会,既要防范自由裁量权的异化,也要防范规则的异化。     

Children Resisting Contact with a Parent Due to Abuse,Alienation, or Other Causes: Can a Proactive Role for Lawyers Contribute to Better Outcomes?

Lawyers have a significant role to play in cases where children are resisting contact with a parent, or the family appears to be going down that path, in the context of parental alienation, family violence or other factors. These cases pose great challenges for lawyers dealing with parents, as their clients are often anxiety‐ridden, angry, scared, and may have difficulty focussing on the long‐term interests of their children or themselves. A lawyer may be one of the first professionals encountered by the parents; lawyers for parents are advocates, but they are also in a position to provide wise counsel, to help triage the situation, provide practical advice, and early, helpful solutions. This article sets out practical suggestions for lawyers acting for parents. What can and should lawyers do to ensure they are part of the solution, not part of the problem? Lawyers need to be able to identify the potential problems and provide practical help to the family – whether they are acting for the “preferred” parent, the “rejected” parent, or the involved children.     

Parental Alienation and Misinformation Proliferation

Since parental alienation syndrome (PAS) was identified in the 1980's, there has been a remarkable amount of misinformation regarding both PAS and parental alienation (PA). These falsehoods were published in professional journals, presented at conferences, and distributed through internet websites and blogs. This article summarizes five examples of published misinformation regarding PAS/PA. Each case study includes: the false statements that were published in the medical, psychological, or legal professional literature; the names of the individuals who made the false statements; and the steps taken to refute the falsehoods and correct the record. The writers of the misinformation were from Sweden, Tunisia, Spain, and the United States, which illustrates the international scope of PAS/PA. In one example, the misinformation reached the U.S. House of Representatives and was almost included in a formal resolution adopted by that body. The article discusses various underlying causes of the high level of polarization in PAS/PA scholarship. The article also proposes steps that both mental health and legal writers can adopt to reduce the destructive polarization that has occurred. In general, however, clinicians, forensic practitioners, and legal professionals should remain vigilant when they read articles or listen to presentations about topics that might be considered controversial.     

行政文化视野中的行政人格塑造

行政人格是指行政人员与社会其他成员相区别的内在规定性。本文以行政文化作为考究行政人格塑造的一个视角,以行政文化建设与行政人格塑造的契合作为分析的逻辑起点,深入剖析行政人格异化的行政文化因素,探讨如何以行政文化建设来推动行政人格的塑造。     

Gatekeeping by Allegations: An Examination of Verified,Unfounded, and Fabricated Allegations of Child Maltreatment Within the Context of Resist and Refusal Dynamics

Allegations of child maltreatment and neglect, including child sexual abuse, in the context of child custody disputes pose particular challenges for child protection services, family law professionals and the courts to identify children at risk of harm, as well as children impacted and exposed to other risk factors. Accurately identifying child maltreatment requires assessing the background, the history and the context of the allegations in order to differentiate confirmed, unfounded, and fabricated allegations. The paper provides a review of the history and current understanding of allegations within the context of child custody disputes by considering the connections of fabricated allegations to the theory of alienation and the role of gatekeeping. The paper then examines the social science literature regarding allegations within child protection investigations (the prevalence, types of maltreatment, reporter of allegations, and case outcomes) and explores the factors that have contributed to the challenges faced by child protection services to investigate and make determinations regarding allegations within the context of child custody disputes. We argue for early assessment protocols for child protection services to screen child custody cases, to differentiate allegations of alienation from other types of harm, to enhance role clarity in these volatile situations, to refrain from “taking sides” and to work collaboratively with the family law community. Lastly, we offer legal implications to improve collaboration between child protection services and the family law field to better respond to these complex cases.     

Parental Denigration: A Form of Conflict that Typically Backfires

Parental denigration is a phenomenon characterized by disparaging comments made by one parent about the other parent in front of their children. It is an emerging area of research with implications that could either follow a parental alienation perspective or a conflict perspective. In two prior studies of 648 and 994 young adults, denigration was found to be (1) measured reliably and perhaps validly; (2) reciprocally occurring; (3) related to children feeling more distant from both parents, particularly the more frequent denigrator; and (4) associated with various measures of maladjustment. These results held in married and divorced families, for mothers and fathers, in group and individual analyses, across own and sibling reports, and across studies. In a new study, parents also showed agreement in reported denigration, with divorced (particularly litigating) parents appearing motivated to underreport their own denigration behaviors and overreport their co‐parent's denigration behaviors. Across all three studies, results consistently aligned with a conflict perspective and indicated that denigrating one's co‐parent appears to boomerang and hurt the parent's own relationship with the children rather than distance children from the co‐parent.     

清同治朝整饬吏治的异化及其困境

同治时期，太平天国起义失败前后，清统治者以整饬吏治为名，行争权夺利之实，故无法解决封建制度产生的吏治问题，同时也导致了同治朝吏治的进一步恶化。这种异化现象表明传统的整饬吏治的方法已陷入绝境     

Exploring a Process‐Oriented Forensic Family Observation Protocol

This article recommends a modification of the child interview and observational components of the conventional child custody evaluation. By scheduling these events in back‐to‐back sequence, the evaluator adds critical process‐oriented data to familiar content‐oriented data. These additional data include at least eight landmark separation, reunion, and transition events valuable to understanding the dynamic family system. The benefits of this protocol are discussed in terms of the ecological validity of available data, reduced evaluation time and costs, and research. Limitations are discussed relevant to questions of sampling bias, fatigue and sequence effects, and practical dilemmas that arise when evaluating families with many children.     

Innovative Programs in Israel for Prevention & Responding to Parental Alienation: Education,Early Identification and Timely,Effective Intervention

There is substantial research and documentation showing that behavior of a parent which alienates a child against the other parent (PA) and other family members may cause serious, and sometimes permanent, damage to the child. Building on the work that defines maladaptive parental gatekeeping (MG) and PA, and on identifying typologies of behavior, and their effects on the alienated child, the need for prevention of children in these cases is well established. This paper describes programs and responses in Israel, some already in place and others under development, almost all of which require multidisciplinary collaboration between professionals. The programs include: primary prevention; early identification, so as to allow prompt secondary intervention by advice and treatment of parents and child; and immediate tertiary intervention when alienation has led to contact failure or is about to do so. Prevention and early intervention can reduce the need for the massive investment of resources needed for attempts to restore contact, and also for treatment of those affected by PA.     

PARENTAL ALIENATION AND THE DYNAMICS OF THE ENMESHED PARENT–CHILD DYAD: ADULTIFICATION,PARENTIFICATION, AND INFANTILIZATION

When caregivers conflict, systemic alliances shift and healthy parent‐child roles can be corrupted. The present paper describes three forms of role corruption which can occur within the enmeshed dyad and as the common complement of alienation and estrangement. These include the child who is prematurely promoted to serve as a parent's ally and partner, the child who is inducted into service as the parent's caregiver, and the child whose development is inhibited by a parent who needs to be needed. These dynamics—adultification, parentification and infantilization, respectively—are each illustrated with brief case material. Family law professionals and clinicians alike are encouraged to conceptualize these dynamics as they occur within an imbalanced family system and thereby to craft interventions which intend to re‐establish healthy roles. Some such interventions are reviewed and presented as one part of the constellation of services necessary for the triangulated child.     

U.S. child custody outcomes in cases involving parental alienation and abuse allegations: what do the data show?

ABSTRACT

Family court and abuse professionals have long been polarized over the use of parental alienation claims to discredit a mother alleging that the father has been abusive or is unsafe for the children. This paper reports the findings from an empirical study of ten years of U.S. cases involving abuse and alienation claims. The findings confirm that mothers’ claims of abuse, especially child physical or sexual abuse, increase their risk of losing custody, and that fathers’ cross-claims of alienation virtually double that risk. Alienation’s impact is gender-specific; fathers alleging mothers are abusive are not similarly undermined when mothers cross-claim alienation. In non-abuse cases, however, the data suggest that alienation has a more gender-neutral impact. These nuanced findings may help abuse and alienation professionals find some common ground.     

The Child's Attorney and the Alienated Child: Approaches to Resolving the Ethical Dilemma of Diminished Capacity

Increasingly lawyers for children follow a model of “client centered” (as opposed to “best interests”) representation in child custody disputes in which the child client defines the objectives of the representation. The client‐centered model, while appropriate in most cases to give voice to the child's preferences in a process that deeply impacts him or her, can create an ethical dilemma for the child's lawyer in cases where a child is truly alienated from the other parent by the actions of the alienating parent. Alienated children strongly and unreasonably express a preference for objectives of representation that might further damage the alienated parent's relationship with the child. The alienated child's objectives may be the result of a campaign of denigration and “brainwashing” by the alienating parent. This Note suggests that when a child is truly alienated from a parent, as diagnosed by a mental health expert, the child may have “diminished capacity” and therefore, the client‐directed model of representation is not adequate. This Note proposes that the Child's Attorney must determine whether the child is of diminished capacity under the Model Rules of Professional Conduct and, if so, must treat the client accordingly under Rule 1.14. Specifically, the attorney may, if all other remedial measures are inadequate, override the child's wishes and advocate a position that the child would take, but for the brainwashing of the child used to alienate him or her from a parent.     

Trauma‐Informed Interventions in Parent–Child Contact Cases

Parent–child contact problems may arise in the context of high conflict separation/divorce dynamics between parents. In cases where there are parent–child contact problems and children resist or refuse contact with one of their parents, there may also be incidents of child maltreatment, intimate partner violence, or compromised parenting that can be experienced by a parent or child as traumatic. The circumstances around separation and/or post‐divorce often result in intense stress for families. In this paper we distinguish between the stressful circumstances that may arise as a result of high interparental conflict and pulls for alignment from a parent, and the real or perceived trauma as a factor which contributes to resistance or refusal of a child to have contact with a parent. Interventions to address both trauma responses and the resist‐refuse dynamics are differentiated and discussed. After screening and assessment, the intent is to treat trauma responses with short‐term, evidence‐based therapy, either before or concurrent with co‐parent and family intervention.     

金融功能异化的金融法矫治

作为虚拟经济核心的金融,如果偏离为实体经济服务的正常轨道与价值定位,迟早都会导致金融功能异化,从而引起金融危机的爆发。本文在探讨金融功能的基础上,分析金融功能异化的表现及原因,提出针对异化的金融功能进行金融法矫治的主张。通过金融法的社会责任本位价值导向使金融回归为实体经济服务的本位,对金融主体及其行为的金融法规制使金融尽可能地走向理性,以更加角色化的金融法责任设置使金融活动立足于实体经济基础并承担信用风险,从而营造一个维护金融体系、发挥金融功能的法律秩序。