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.     

NEGLECTED INFANTS IN FAMILY COURT

This paper applies the science of early childhood development to the question of neglect in infancy to offer best practice guidance to family law and child protection professionals charged with acting in their best interest. The paper discusses the challenges of presenting cases of infant neglect, particularly emotional neglect, to the court. Current science on the implications of neglect for brain development, and long term mental health are discussed. Recommendations for assessment, intervention and questions that should be addressed in court deliberations are outlined.     

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.     

FAMILY COURT REFORM IN SIX PENNSYLVANIA COUNTIES

This article describes judicial behavior in local family court reform movements, vis-à-vis six case studies, as part of a larger study on the implementation of court-connected custody mediation in Pennsylvania. Research findings provide new insight into the initiation of change by judges at the local court level. When motivated to do so, family court judges in Pennsylvania bring about local reform independently and expeditiously. Judges who desire alternative methods to litigation of custody disputes implement court change with few organizational constraints: They decide how and when reform is to be implemented, and they assign nonjudicial professionals to assist in reform implementation. Finally, judges establish their own criteria for assessing the success of change initiated. Throughout reform movements, judges take on a variety of roles in bringing about change—first as reform activists, then as leaders in reform movements, and finally, as advisors in reform implementation. These case studies reveal the diversity in judicial style when court change is implemented; at the same time, similar court goals and objectives are obtained.     

SPECIAL NEEDS CHILDREN IN FAMILY COURT CASES

This article presents a conceptual framework for describing cases involving children with special needs that are increasingly being seen in family court. Three categories that represent the most common of such cases include (1) acute, life-threatening medical conditions; (2) chronic developmental disorders; and (3) psychological and behavioral syndromes. After detailing the nature of the disabilities in each category, perspectives from the bench are offered with specific recommendations and general strategies for effective case management. This is followed by a proposal of an innovative conceptual model—the Individualized Parenting Plan (IPP)—that organizes and integrates nine domains essential for a comprehensive parenting plan for special needs children. The article concludes with a list of sixteen strategic guidelines for servicing the families of these special needs children, in their best interests.     

MEDIATION IN THE FAMILY COURT OF AUSTRALIA

The chief justice of the Australian Family Court discusses the use of mediation in the Family Court of Australia. He traces the legislative origin and the basic purposes of the service. Of particular interest is the differentiation between mediation, conciliation, and the court process. The limitations are also discussed, especially the use of mediation in domestic violence situations.     

EARLY INTERVENTION IN NEW ZEALAND FAMILY COURT CASES

In April 2010 the New Zealand Family Court introduced the National Early Intervention Process (NEIP) to diversify its previous unitary dispute resolution pathway into two tracks (standard and urgent). A “triage” model is now in use to assess and assign cases appropriately. This article outlines the key milestones in the Family Court's 30‐year history which have led to this new initiative to reduce delays and help avoid the escalation of family conflicts over the care of children into bitter and intractable disputes. NEIP represents the most overarching reform of the Family Court since the Court's inception in 1981.     

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.     

MEDIATION PARENT EDUCATION PROGRAMS IN THE CALIFORNIA FAMILY COURTS

This article presents information about parent educational programs connected to court-based child custody mediation services in California. The educational content and methodologies most commonly practiced in California family court mediation services are discussed. In addition, new directions in parent education for mediation clients are described.     

OPEN FAMILY MEDIATION IN THE COURT: A SYSTEMIC VIEW

It is in the nature of caring relationships that we advance to each other room as a cushion against the inevitable blows of destiny and the inevitable conflict between us.— Ivan Boszormenyi-Nagy, family therapist, 1986     

SOCIAL JUSTICE AND FAMILY COURT REFORM

Creating a unified family court, or any type of family court reform, may have only a minimal impact if it simply changes the structure of how judges do business rather than addresses the structure of the child welfare system itself. The authors argue that family court reform must place social justice at its center. First, they discuss profound flaws in the child welfare system that make poor and minority families especially vulnerable to coercive state intervention. Second, they describe two approaches to child welfare cases–family systems theory and therapeutic justice–that can help to guide reform efforts directed at addressing these structural flaws. Finally, they suggest ways in which family law scholarship can assist in creating a social justice agenda for family court reform.