CHILD SUPPORT-WHOSE RESPONSIBILITY?

As family patterns change and biological parents do not necessarily remain in contact with their children, difficult questions about who should take responsibility for supporting children are challenging policymakers and legal and welfare practitioners. This article examines recent responses in the Netherlands.     

The Abuse Problem

The sexual abuse of children is not new, it's newly uncovered. The authorities are receiving more complaints. The media is showing interest. The public is becoming aware. Its details are not pretty, they can repel and disgust and bring on demands for retribution. The numbers are large, Patterns are beginning to take shape showing who the victims are and who the abusers, and why. The impact is becoming known and it is huge. What one father does to his three children can grow in geometric proportions as those children each do the same to their three children, and these to theirs. The impact on crime is just becoming known: sexually abused children are prone to criminal activities and may well be a major cause of crime. The impact of false reports is also becoming know. The Salem witch trials are always before us. The possibilities of false accusation out of revenge or on a dare, or in a pique are not new, accusations satisfy a child's need for attention and status, and other children may see the possibilities for themselves. But where the sexual abuse is within the family, a hard choice must be made: to punish the offender heavily or to work with the abuser and the family to prevent future abuse. You cannot do both. It appears that the courts can bring highly beneficial results: they can provide comfort for a child victim, but more, they can provide treatment for that child and reduce the pain and guilt and fears and for that child break the cycle of abused children abusing their children who abuse their children who abuse. The courts can provide comfort for a family, but more, they can provide rehabilitation for most families where there has been abuse, restoring their strength and security. The courts can prosecute the abuser and punish him, but more, they can instead often provide rehabilitation for the abuser which is a surer way of preventing a recurrence than the disgrace of a prison. Much needs to be discovered. But from what is now know, the courts and the police and the social agencies need to be sensitized to the problem in all of its aspects. The opportunities for positive accomplishment are great.     

Obtaining Information from Children in the Justice System

Even young children can provide accurate accounts of experienced events if adults question them skillfully. However, most justice system personnel receive little training in evidence‐based methods to question children non‐suggestively and with developmental sensitivity. This paper summarizes key research findings about child forensic interviewing. It concludes with recommendations for judges and other justice system personnel who must engage in age‐appropriate consultation with children and outlines steps judges can take to establish evidence‐based interviewing practices by court personnel in their jurisdictions.     

Contradictory interests: Work,parents, and offspring in early modern Holland

The consistory notes of the Dutch Reformed Church (1573–1700) reveal conflicts over work between parents and children during the early modern period. Two issues that caused particular tension were the labor experience of future sons-in-law and the division of household tasks. Parents' concerns about the financial position of their future son-in-law were sincere and realistic. Skills definitely bettered the new family's chances to survive financially. Children were not expected to take care of their destitute parents nor were parents obliged to support their poverty-stricken married children. Power struggles between children and stepparents also resulted in conflicts over work. After a widowed parent remarried, children and stepparents had to redefine their roles in the new situation. The child who had assumed responsibilities when a parent died resisted a stepparent who took over those tasks. Although the cases presented may not represent everyday interactions between parents and children, they do provide insights into how work caused problems between parents and older children.     

Achieving Timely Permanency in Child Protection Courts: The Importance of Frontloading the Court Process

Timely permanency for foster children has been an unrealized goal in our nation's juvenile courts. The goal of timely permanency is a legal mandate, it serves the needs of families, it is consistent with evolving case management standards, it is required by the Canons of Judicial Ethics, and it serves the best interests of children. Judges must take a leadership role within their courts to reduce delays in child protection courts. Through a series of changes including legislation, court rules, case management techniques, and judicial control, timely permanency for foster children can be achieved.     

Contradictory interests: Work, parents, and offspring in early modern Holland

The consistory notes of the Dutch Reformed Church (1573–1700) reveal conflicts over work between parents and children during the early modern period. Two issues that caused particular tension were the labor experience of future sons-in-law and the division of household tasks. Parents' concerns about the financial position of their future son-in-law were sincere and realistic. Skills definitely bettered the new family's chances to survive financially. Children were not expected to take care of their destitute parents nor were parents obliged to support their poverty-stricken married children. Power struggles between children and stepparents also resulted in conflicts over work. After a widowed parent remarried, children and stepparents had to redefine their roles in the new situation. The child who had assumed responsibilities when a parent died resisted a stepparent who took over those tasks. Although the cases presented may not represent everyday interactions between parents and children, they do provide insights into how work caused problems between parents and older children.     

Battered mothers who physically abuse their children

The purpose of this study is to understand why some battered mothers physically abuse their children. Mothers who were battered and physically abused their children (the co-occurrence group) were compared with mothers who were neither battered nor physically abused, who were only battered, and who only abused (N = 184). The mothers in the co-occurrence group were more likely than the mothers who did not physically abuse their children to have been severely assaulted by their own mothers as children, have had poorer quality relationships with and receive less support from their mothers, have more stressors, and have known their partners for less time. These differences were not found between the mothers in the co-occurrence and abuse-only groups. In the multivariate analysis, having been assaulted by one's own mother as a child--not being battered by one's partner--was the most potent predictor for whether a mother physically abused her child.     

Digital Uses,Victimization and Online Aggression: A Comparative Study Between Primary School and Lower Secondary School Students in France

With the growing use of electronic communication among children and adolescents, the Internet has become an important tool for their socialization and has opened up new perspectives for network and community building opportunities. However, the Internet and electronic communication tools can be used either positively or negatively and the spread of its use in these recent years has led to online risky behaviours and harm. This questionnaire survey was completed in five primary schools and seven lower secondary schools in the South of France. It sets out to assess the digital uses, risk taking and negative experiences online among primary and secondary school students in France (N?=?4200). Findings show that primary school students are pretty well involved in digital communication since they spend an average of 150 min per day online vs. 190 for secondary school participants. Social networking is also part of their lives with 17 % of primary school children and 50 % secondary school students who use Facebook. In terms of risk taking, only 49 % of primary students and 39 % of secondary school students report they personally know all their online friends. Cyberbullying figures show that quite a few respondents have been affected with negative experiences among which some were repeatedly victimized (14 % in primary schools and 5 % in secondary schools). These findings highlight the necessity to take the issue of educating towards a positive and safe use of the Internet seriously and that primary school children also need to be provided with proper guidance towards a safer Internet.     

FUTURE CHILD'S RIGHTS IN NEW REPRODUCTIVE TECHNOLOGY:THINKING OUTSIDE THE TUBE AND MAINTAINING THE CONNECTIONS

This article considers whether children born through assisted human reproduction are entitled to information about their biological origins. It examines the issue both from a clinical perspective, citing social science research and the personal narratives of donor‐conceived children, and from a legal perspective, outlining the extent of a child's “right to know” in different jurisdictions. The article suggests that a uniform legal approach is needed that will recognize the right of all children to access details about their identity and conception, for the sake of their psychological well‐being. The article includes a fact scenario that considers the situation of a donor‐conceived child who has become the subject of a custody dispute, and who has not been told the circumstances of his conception.     

Doing the Right Thing: Cohabiting Parents, Separation and Child Contact

Over recent years, concern has mounted at the unstable natureof cohabiting relationships compared to marital ones, and alsoabout the fact that any children from these relationships aremore likely to experience the separation of their parents thanthe children of a marital union. The discourse of the FamilyLaw Act 1996 holds that separating parents should behave ina conciliatory and reasonable way to each other, maintain contactwith their children and continue to be involved in their upbringing,and ensure that financial obligations are met. This articleuses data obtained through interviews with previously cohabitingparents who have attended pilot group meetings designed to educatethem about the needs of their children on separation, to examineto what extent parents internalize this discourse when negotiatingpost-separation parenting. The article concludes that whileparents may take on board the principles of this socially acceptablediscourse, they have their own moral rules derived from theirown histories and experiences of what it is to live their lifeand parent their child that they must marry with this discourse.The extent to which current family policy discourses and legislativeframeworks can influence the behaviour of parents is thereforemitigated by their own interpretations within the context oftheir own lives.     

Visit Coaching: Building on Family Strengths to Meet Children's Needs

Visits between children in foster care and their families often do not build on family strengths or help them demonstrate they can meet their children's safety and developmental needs. Visits can alienate parents, children, and foster parents, and the parent's grief, anger, and preoccupation with complying with court‐ordered treatment often obscure their children's needs. Visit coaching is an innovative approach that can replace parenting classes and office‐based visits with hands‐on guidance for families in meeting their children's needs. The visit coach, who may be their caseworker or a variety of other trained individuals, helps parents take charge of visits and demonstrate more responsiveness to each child.     

Consequences and dilemmas in therapeutic relationships with families resulting from mandatory reporting legislation

Mandatory reporting legislation has been adopted in every state to insure the protection of children from maltreatment. These statutes have become a significant factor in the lives of mental health professionals who work with children and families. Thirty psychotherapists who had made a recent report of child maltreatment on a client in treatment were interviewed about their experiences with reporting and the consequences of reporting for therapeutic relationships. Several potentially problematic consequences and dilemmas were identified by the therapists, including immediate and long-term effects on the therapeutic alliance and course of therapy, and conflicts of interest in working with children and families.     

USING THE EMPIRICAL LITERATURE TO GUIDE THE DEVELOPMENT OF PARENTING PLANS FOR YOUNG CHILDREN

Most infants form attachments to both of their parents at roughly the same age. These relationships are consolidated by continued interactions, ideally in a broad array of contexts, whether or not the parents live together. The mechanisms underlying the formation and consolidation of relationships with both parents appear to be similar, although most infants establish preferential relationship with the persons who take major responsibility for their care. When parents separate, children often experience distress, and their adjustment is adversely affected when the relationship with one of their parents is severed. This can be avoided by developing parenting plans that continue to ensure that children have regular interaction with both parents in a broad array of contexts. Overnight periods provide opportunities for many important interactions.     

Asking the Right Questions: Utilizing a Judicial Checklist to Track the Educational Success of Youth in Foster Care

Asking about the educational objectives for children in foster care has not been a priority in most juvenile and family courts. Research has shown that compared to the general school population, children in foster care have lower grade point averages, change schools more frequently, earn fewer credits toward graduation, and are more likely to be placed in special education programs. In response, Casey Family Programs, in collaboration with the National Council of Juvenile and Family Court Judges' Permanency Planning for Children Department, developed a Judicial Checklist with key educational questions to be asked from the bench. The Checklist has become a useful tool for juvenile and family court judges when assessing the effectiveness of current educational placements of the children who come before their courts, tracking their performance, and in making a positive future impact on their educational outcomes.     

A STUDY OF CLIENT SATISFACTION WITH FAMILY COURT COUNSELLING IN CASES INVOLVING DOMESTIC VIOLENCE

The Family Court of Australia provides conciliation counselling to couples who are involved in disputes regarding their children following separation. In situations where domestic violence has occurred, the appropriateness of providing counselling to such couples has been seriously questioned This study examines the experience of clients attending counselling at the family court. Two groups of clients are studied—one group who reports domestic violence as a significant issue and a comparison group who does not report domestic violence. The results indicate that the two groups do not differ in their expressed level of satisfaction with the counselling they have received and that both groups consider counselling to have been helpful in resolving their issues. The preliminary results of this study have implications for the provision of postseparation counselling/mediation to couples when domestic violence has occurred.     

A NATIONWIDE SURVEY OF MANDATORY PARENT EDUCATION*

In an effort to take positive steps toward coping with problems for families and children created by high levels of separation and divorce, ever increasing civil caseloads and the exposure of children to interparental conflict, court‐affiliated educational programs have emerged in the United States for parents separating from their spouse or partner or going through a divorce. This article will provide an overview of the creation of such programs and their development, which includes a discussion regarding the numerous states currently mandating parents to attend. It will summarize some of the research which has been conducted as to the efficacy of the programs and will provide the results of our nationwide research for each state's parent education status. There is a discussion of domestic violence issues and sensitivities in the context of parent education programs and possible future directions for mandatory parent education.     

Why Listening to Children and Young People is Important in Family Justice

During the last 30 years, there has been a growing body of evidence indicating that children and young people often feel marginalized when their parents are making critical decisions that will shape their young lives, and they are calling for family justice professionals to hear their voices. This article explores the research evidence, examines the relevant theories about child development, and demonstrates how a focus on age‐related competency fails to take account of children's subjective meanings about their lives. The authors consider a model of participation first designed to understand adult participation in government and show how this can be usefully applied to understanding children's participation in family justice.     

The children’s programme: a description of a group and family intervention for children engaging in problematic and harmful sexual behaviour and their parents/carers

ABSTRACT

Children under 10 are increasingly being referred to services for concerning problematic or harmful sexual behaviour, but information about interventions to support these children and their families is limited. A 3-year pilot of a group cognitive–behavioural intervention for children and their parents/carers is described. Forty-nine children were referred to the programme with 27 completing the programme in this period. This is the first intervention of its kind to be delivered with a UK population and demographic information is provided about the children who have been assessed, including information about age, gender, family composition and abuse history. Outcome data from the Trauma Symptom Checklist for Children, Child Sexual Behaviour Inventory, Strengths and Difficulties Questionnaire and the Parental Stress and Social Support Scale is reported. The available outcome data indicates the group has been largely beneficial in reducing problematic sexual behaviour. Key learning and implications for practice are discussed.     

WHO'S YOUR DADDY?: THE INHERENT UNFAIRNESS OF THE MARITAL PRESUMPTION FOR CHILDREN OF UNMARRIED PARENTS*

Many states have marital presumptions of legitimacy, which provide children born to married parents with protection against paternity lawsuits questioning their legitimacy. However, most states do not have legitimacy presumption statutes for unmarried couples. This lack of equality between married and unmarried couples makes it so that children born to unmarried parents, who have developed a psychological bond with a man they have always thought to be their father, are not afforded the same protection as other children in similar situations, simply because their parents were not married at the time of their birth. Therefore, this Note advocates for states to amend their paternity statutes to provide protection against nonpaternity lawsuits to psychological fathers and their psychological children. State statutes should provide a psychological father with the right to be declared the legal parent of his psychological child in cases where the child's legal father has been substantially absent from the child's life.     

State secrets: access to information under the Human Reproductive Technology Act 1991 (WA)

Many Australian children have a biological father who gave his sperm so that the child's mother could conceive and raise them. Many of these children, and their parent(s), do not know who that biological father is. However, some want to know. The article examines the Western Australian law on access to information about the identity of parties in these arrangements. It is argued that there is an implied right to access identifying information where all parties consent to the exchange of information; that this right has been ignored in official and medical practice and opportunities for good record-keeping missed; and that the current law allows a parent to give consent to the exchange of identifying information on behalf of their child at any time after the child is conceived.