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1.
William Bernet 《Family Court Review》2020,58(2):362-367
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. 相似文献
2.
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. 相似文献
3.
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. 相似文献
4.
Jacqueline Campbell 《Family Court Review》2020,58(2):456-469
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. 相似文献
5.
William Bernet 《Family Court Review》2020,58(2):293-307
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. 相似文献
6.
《社会福利与家庭法律杂志》2012,34(3-4):251-266
Children who reject one parent after parental separation provide a major challenge for the family court in New Zealand, as in other countries. There are controversies about the causes and the management of these problems. This article reviews the available literature on the underlying causes of the problem, which we have called post‐separation parental rejection, and discusses ways in which the legal systems in New Zealand and elsewhere can respond in order to maximise the chance of the child maintaining a relationship with both parents through the process of litigation, a process which can be prolonged and difficult in the most severe cases. Suggestions are given about ways of minimising delay, enforcing contact and even changing custody where necessary. 相似文献
7.
Richard A. Warshak 《Family Court Review》2020,58(2):432-455
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. 相似文献
8.
《The journal of forensic psychiatry & psychology》2012,23(3):609-635
This article uses the recent controversies over 'Parental Alienation Syndrome' as a springboard for a discussion of the relationship between mental health knowledge and expertise, and the legal system. Autopoietic theory is a sociological account of social communication systems and the relations between these systems. Law as a social communication system and child mental health as a sub-system of science are observed as distinct and selfreferential, each relating to its environment and to one another in very different ways, predetermined by their coding and programmes. Recent developments in the rules of admissibility for expert evidence raise questions over the precise status in law of knowledge from clinical child psychiatric and child psychological experts. Through the autopoietic observation of law and child mental health this article explains why the legal system needs to show that it is capable of distinguishing between 'reliable' and 'unreliable' mental health knowledge and court experts. As a result of these observations, some fundamental questions arise about the role of experts in advising courts and in offering therapeutic intervention for children and families. Finally, the article examines the existence within child mental health of law as an instrument for therapy. 相似文献
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Gatekeeping has been used as a theory and a measure to describe and assess family dynamics within the context of separation and divorce. In this article, we explore adaptive and maladaptive gatekeeping behaviors and attitudes that can affect the other parent's relationship with the child. Implications are presented for connecting adaptive and maladaptive gatekeeping responses to child outcomes of safety, well‐being, and positive parent–child relationships following separation and divorce. We build on the recent attention to gatekeeping as a potential framework within the child custody context. 相似文献
11.
We report on a sample of 90 child custody evaluators in the United States, who completed an online questionnaire on their attitudes and beliefs in child custody relocation cases. Findings indicated that the vast majority of participants relied on relevant professional literature and utilized a relocation risk assessment forensic model. Participants found many risk, protective, and specific relocation factors important, but the triad of past parental involvement, support for the other parent, and child's age were afforded the most importance. Participants also reported that the moving parents sought relocation for educational/vocational reasons, to receive support of their extended family, or to remarry, while the nonmoving party most commonly opposed relocation due to fears of interference/damage to the nonmoving parent–child relationship, restrictive gatekeeping, and alienation. A common trend among participants was concerns over the possible detrimental impact of any relocation on the nonmoving parent–child relationship and quality of co‐parenting. The vast majority of participants reported that they made specific recommendations to the court about relocation, and the court agreed with their recommendation the overwhelming majority of the time. We discuss Implications of the findings as well as areas needing further research. 相似文献
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驰名商标制度的检视与完善是新时代下优化我国营商环境的必然要求。我国对驰名商标的理解仍存误区,首先应澄清的是,驰名商标是法律概念而不是商业宣传概念。驰名商标界定的关键是公众的知晓程度,涉及公众范围的界定与知晓程度的判断两方面。我国商标法以是否注册为标准区分了未注册驰名商标与注册驰名商标,并赋予不同的保护效力;相关行政规定对驰名商标的证明附加了诸如使用时间等硬性要求,存在不合理之处。建议通过以下思路进行完善:区分相关公众熟知和一般公众广为知晓两个层次的商标,分别赋予混淆保护和淡化保护;正视互联网技术和新兴行业发展对商标知名度认定的影响,舍弃相关硬性规定,避免僵化。 相似文献
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公共权力的异化和反异化是政治学和行政管理学的重要课题。“公共性”是公共权力的重要特征之一,公共权力异化是公共权力“反公共性”的结果。公共权力反异化,既要考虑传统意义上的以权力制约权力和以公民权利制约公共权力等方式,还必须考虑在公共管理过程中要淡化公共权力,使公共权力的运作向服务行政的方向发展。 相似文献
16.
Robert Prisco 《Family Court Review》2015,53(3):487-503
Sex offenses, particularly those against children, have always been viewed negatively in society. A large portion of these offenses are committed by children against children. Most state legislatures focus on punitive measures when dealing with juvenile sex offenses, yet few place treatment on equal ground. Treatment has been shown to be effective in reducing the rate of recidivism of juvenile sex offenders. Juvenile sex offenders that participate in treatment have shown lower recidivism rates than adult offenders or untreated juvenile sex offenders. This Note advocates that states adopt legislation based on a successful statute in Colorado that creates a sex offender management board consisting of a multidisciplinary treatment team for juvenile sex offenders' treatment while requiring parental involvement in treatment as “informed supervisors” when the team deems it appropriate.
- Key Points for the Family Court Community:
- Sex offender treatment on juveniles has been successful in reducing recidivism, as juveniles are more receptive to treatment than adults.
- Supervision and treatment of juvenile sex offenders would be more effective if parents or guardians are involved in the juvenile's sex offender treatment.
- States should adopt legislation based on the Colorado model that creates a sex offender management board and multidisciplinary team to supervise the treatment of juvenile sex offenders and requires appropriate parental involvement in the treatment as “informed supervisors”.
17.
Jamie Rosen 《Family Court Review》2013,51(2):330-343
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. 相似文献
18.
Families, litigants, lawyers, advisors embroiled in cases of complex divorce with child contact issues, manage many stressors at once. Participants involved with these types of cases are often exhausted and burned‐out from the long‐term battles of prolonged litigation. The inability to problem‐solve or even communicate effectively reflects the chaos and traumatic stress of the experience and can be seen as a hallmark of this population. When people are consistently stressed, there is a breakdown of communication skills that can create an immunity to receiving help from any direction. Often all parties involved appear to be both hyper‐alert to potential threat, and hyper‐reactive to one another: no one feels safe. Stephen Porges' Polyvagal Theory is premised on the idea that neuroception plays a key role in the nervous system's ability to assess danger in the environment. Neuroception is a neurophysiological response that does not involve cognitive processing. When cognitive processing is not involved, the result may lead to misinterpretation of, and an inability to accurately assess situations: executive functioning including rational thinking and communication skills are lost to physiological response. Rather than evaluating families and individuals involved in the aforementioned complex divorce cases through the lens of pathology, Polyvagal Theory explains their behavior as an adaptive stress reaction. Utilizing Polyvagal Theory offers a promising path to treatment with these families and diminishing the poor communication and the heightened emotion, assisting practitioners in understanding the impact of neurobiological response in managing stress and trauma. Applying Polyvagal Theory to court involved populations can help both litigants and practitioners recognize the role of the autonomic nervous system, providing the opportunity to understand, to self‐regulate, and to improve communication and decision making. 相似文献
19.
《Criminal Justice Studies》2012,25(1):107-126
Child sexual abuse is an American crisis that has reached epidemic proportions. The criminal justice system typically responds with punitive sanctions against the offenders, neglecting the suffering and trauma experienced by the victims. This comes short of addressing the dynamics associated with child sexual abuse. Because of this, epidemiologists have declared this crime a public health issue and have offered the public health approach for the prevention and treatment of everyone involved in child sexual abuse. 相似文献