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1.
James P. McHale Debra K. Carter Marthanne Miller Linda Fieldstone 《Family Court Review》2020,58(1):211-226
In a small pilot study, 31 interviewees, including 12 parenting coordinators, 11 mothers, and 8 fathers representing 14 different parenting coordination cases retrospectively described child and family functioning both pre‐ and post‐parenting coordination in phone interviews. They also detailed how often and how well different issues that arose during the parenting coordination work (acrimony, problem‐solving communication, triangulation of the child into the conflict) were actively addressed. Parties tended to view coparenting more positively when reflecting on post‐ compared with pre‐intervention, but reported less change in child adjustment. Discrepancy among same‐case informant reports was common. Parenting coordinators (PCs) consistently rated their interventions as more frequent and successful than did parents. Mothers and fathers largely disagreed on interventions they experienced. While this small N pilot can offer no definitive conclusions, it underscores need for research and wisdom in including both parents' perspectives. 相似文献
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Ani R. Poladian Brittany N. Rudd Amy Holtzworth‐Munroe Amy G. Applegate Brian M. D'Onofrio 《Family Court Review》2017,55(2):243-259
We examined potential predictors of initial court agreement and 1‐year relitigation in a sample of contested paternity cases involving unmarried parents coming to court to establish paternity, child support, and other issues. Cases participated in an RCT of a parent program and of a waiting period between establishment of paternity and court hearing. We controlled for RCT study factors and used baseline assessment data to predict likelihood of reaching full agreement in the initial court hearing and relitigation in the following year. Findings suggest that cases in which parents get along better outside of court are more likely to reach agreement and less likely to return to court. Additionally, particular parent demographics predict lower likelihood of reaching initial agreement (e.g., parents are non‐White, father earns below $10,000 yearly), more relitigation (e.g., parents are non‐White, mother earns above $10,000 yearly, father has children with others), and less relitigation (e.g., father earns above $10,000 yearly). Child demographics and most parent relationship characteristics did not predict outcomes. We discuss findings and offer suggestions for court interventions. 相似文献
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Sixty high‐conflict separated/divorced co‐parents completed surveys investigating characteristics and dynamics (narcissism, empathy, conflict) that were examined in relation to co‐parenting style and parents' experiences of parenting coordination, legal, and mental health interventions. Study findings for this sample did not support common notions found in the literatures on parenting coordination and high‐conflict divorce that suggest these parents are often narcissistic or low in empathy. Findings pertaining to all high‐conflict participant experiences revealed the presence of common elements across aspects of practitioners and interventions with which they were both satisfied and dissatisfied. 相似文献
4.
《社会福利与家庭法律杂志》2012,34(1):17-30
Mental illness is listed as a child protection concern for a number of families reported to child protection agencies in Australia. Parents with mental health problems are more vulnerable, as are their children, to having parenting and child welfare concerns. Studies undertaken in the Melbourne Children's Court (Victoria) have found that the children of parents with mental health problems comprise at least one‐quarter of all new child protection applications brought to the Court (Sheehan, ; ). This paper reports on a study undertaken in 2002, in the Melbourne Children's Court, to examine (a) the extent to which the children of parents with mental health problems are involved in child protection matters, (b) the contribution by mental health professionals to resolving these child welfare concerns, and (c) the difficulties which confront the Court in deciding these matters. The study considered in this article found that, although parents with mental health problems are a significant group coming to Court, there is negligible involvement by mental health professionals in the child protection system. It was apparent that there was very little co‐operation between adult mental health and child protection services in this field. The Court was, therefore, given little appreciation of a parent's mental health functioning and its contribution to, and impact upon, the child, and thus may not have all necessary information about the needs of, and likely outcomes for, these children and their parents. 相似文献
5.
Parenting coordination (PC) has been in use since the mid‐1980s, but research on its effectiveness is sorely lacking. We review the extant research organized by three themes: (1) parenting coordinators’ perceptions of their role and function; (2) professionals’ and parents’ views and perceptions of PC; and (3) outcomes of PC, including some measures of effectiveness of the PC process. While these studies provide some insight into PC effectiveness, there is still a lack of research that uses objective outcome measures of efficacy and that considers characteristics of the co‐parent dyad, personality difficulties, or the professional discipline of the parenting coordinator. Future research recommendations are discussed. 相似文献
6.
Christine A. Coates 《Family Court Review》2015,53(3):398-406
Parenting coordinators serve as case managers in high‐conflict families with the goal of protecting the children from parental conflict. Parenting coordinators are peacemakers and peacebuilders who identify and help set up structures in the family to support peace between the parents. The family court should promote and develop equipoise in litigants and professionals. Because parents who continue in conflict postdecree often have difficulty empathizing with their co‐parents and with their children, they might benefit from meditation training to increase mindfulness, empathy, and compassion. Self‐compassion training could also increase well‐being and more effective co‐parenting and aid in building peace in the family.
- Key Points for the Family Court Community:
- Parenting coordination is a child‐focused intervention with high‐conflict parents that can help protect children from their parents' conflict.
- Parenting coordinators are peacemakers who resolve disputes between the parents and facilitate negotiation and communication between them and help them make decisions.
- Parenting coordinators are also peacebuilders who help identify and build structures and processes in the family system to strengthen interparental peace.
- Equipoise can be developed in litigants and professionals through mindfulness and compassion training.
- Family court judges can work with parenting coordinators in a team approach, in a manner similar to what occurs in problem‐solving courts, to benefit the families and the judicial system.
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Parenting coordination for families struggling with severe conflict can be challenging for both the family and the parenting coordinator (PC). These families can put an inordinate strain on the PC as they lobby their positions and try to bias the PC against the other parent. The interdisciplinary dual‐PC model is an innovative approach using aspects of the collaborative practice model to enhance the efficacy of the process while utilizing the strengths of both disciplines. Through a case illustration, the identification of the family dynamics and situations that give rise to use of this approach shall become clear. This article also demonstrates the potential benefits to both the family and the PCs. All aspects synthesize into a cohesive, well‐balanced approach to the uber‐conflicted parenting relationships. 相似文献
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Families facing separation or divorce in Spain encounter a number of obstacles, including a primarily adversarial and slow justice system, nonspecialized courts and judges, and a lack of resources to help them through the process. Recent legislation at the regional level (autonomous communities) is moving toward emphasizing shared parental responsibility and introducing parenting plans, while at the national level, legislation advances slowly. One of the main challenges professionals are facing in high‐conflict couple separation is protecting children from the effects of being in the middle of their parents’ conflict. Traditional psychological, legal, and social services are insufficient to support parents and protect their children from interparental hostile conflict—which can be exacerbated by litigation, professional intervention, domestic violence, or addiction. This article illustrates, through a case study, the implementation of parenting coordination in Spain. Different jurisdictions in Spain are slowly implementing (co‐)parenting coordination, an in‐depth intervention designed to support these families. The objective is to help families focus on children's needs and follow the court‐approved parenting plans or court orders, reduce relitigation, and improve parental communication and conflict resolution skills. This article analyzes different aspects and challenges relating to the implementation of parenting coordination in Spain. Recommendations are then made to address them. 相似文献
10.
The Family Mediation Project is a not‐for‐profit means‐tested research initiative at Waterford Institute of Technology, based on an innovative family mediation model developed by Dr Roisin O’ Shea, following her Irish Research Council funded doctoral research. The project, led by W.I.T.’s Dr Sinéad Conneely (coordinator) and Dr Roisin O’ Shea (principal investigator), is test‐running the next iteration in family mediation, embedded in the community, comprising of the most effective elements sourced globally, with a particular focus on innovations in Canada, and is gathering empirical data to evidence outcomes. The final “real world” phase of the project commenced in May 2018, an exciting collaboration between voluntary, statutory agencies and a research institution to further test the effectiveness of this innovative approach on a larger scale at community level in the south Dublin area. This paper will discuss the project innovations and efficacy of the projects objectives, to provide effective mediation as quickly as possible for families and their children, within their community, by experienced family mediators, with hook‐ups and sign‐posting to trusted existing resources, such as the support services offered by the Family Resource Centres, and on‐line and face‐to‐face resources, with the court‐room as an end of pipe‐line solution or emergency forum only. 相似文献
11.
The legal landscape surrounding adoption by lesbian, gay, bisexual, transgender, or questioning/queer (LGBTQ) parents continues to be dynamic and variable across the United States, yet the topic is generally viewed favorably by Americans and increasing numbers of LGBTQ adults are becoming adoptive parents. In this essay, we explore intersections of sexual orientation, gender identity, and adoption law. We discuss connections between parenting (including adoption) and marriage rights, highlight the influence of varying legal contexts and discrimination for LGBTQ adults who pursue adoption (including case examples from Florida after the gay adoption ban was lifted), and incorporating the perspectives of adoption‐agency personnel working with LGBTQ clients. 相似文献
12.
Stacey Marz 《Family Court Review》2019,57(4):478-490
The Alaska Court Early Resolution Program (ERP) addresses many issues – self‐representation in divorce and custody cases, triaging to determine the appropriate resolution approach, the importance of early intervention and the desire to use a simplified process and a problem‐solving approach. This article reports on an evaluation of the Anchorage ERP. It found different outcomes for ERP cases that settled than comparable cases that proceeded on the regular trial process track with respect to the following outcomes:
- time to disposition,
- number of staff processing steps and associated completion time, and
- number of motions to modify filed within two years of the disposition.
13.
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
14.
This article considers the contribution of therapeutic jurisprudence (TJ) to the theoretical development and practical advancement of reforms in child care law. It does so by presenting three dilemmas arising from The Israeli Youth Law (Care and Supervision) 1960 relating to its substance, procedures, and practice. TJ is a “field of enquiry” that examines the influence of the law on litigants in order to advance rules and practices that have therapeutic effects and to minimize the use of rules and practices that have antitherapeutic ones. Following the TJ methodology, we integrate psychosocial findings into the legal discussion. We propose some therapeutic practices, as well as legal reform to make the child protection legal regime more TJ friendly for children and families. 相似文献
15.
Benjamin D. Garber 《Family Court Review》2016,54(2):261-276
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. 相似文献
16.
Susan J. Gamache 《Family Court Review》2015,53(3):378-387
Interdisciplinary teams provide an unparalleled opportunity for peacemaking in families within the consensual dispute resolution continuum. This interdisciplinary environment was born out of the integration of Collaborative Law, in which lawyers limit the scope of their services to settlement by way of a signed agreement, and Collaborative Divorce, a team approach to divorce services that includes a lawyer for each party along with a Collaborative Divorce Coach for each party, a neutral financial specialist, and a neutral child specialist. Taken together, Interdisciplinary Collaborative Practice supports the resolution of legal issues out of court as well as addressing any emotional, relational, or behavioral problems that create obstacles to the successful resolution of the separation process.
- Key Points for the Family Court Community:
- Collaborative Practice creates legal representation in a consensual environment limiting services to settlement negotiations by way of a written agreement.
- The International Academy of Collaborative Professionals includes 5,000 members in twenty‐five countries.
- Legal representation in a consensual environment together with interdisciplinary teams create endless possibilities for dispute resolution processes.
- Collaborative Lawyers, Collaborative Divorce Coaches, child specialists, and financial specialists can create custom‐fit interdisciplinary teams that work together out of court to support families through marital transition.
- Interdisciplinary teams are family centric, bridging appropriate disciplines and resources to the needs of the family to address the vast majority of divorce‐related problems.
- Divorcing families are moving targets, learning and evolving through the process.
- Therapeutic teams support families with more complex relational, emotional, and mental health problems to find resolutions out of court.
- Divorce is a mainstream event in Western culture; we need supportive processes to encourage the best possible outcomes for all family members, especially the children.
17.
New technological and legal developments have enabled the formation of three‐parent families. Now that these families have arrived, families—and family law—must adapt to allocate responsibilities among the responsible adults. 相似文献
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Brittany Lercara 《Family Court Review》2016,54(4):657-670
The Adoption and Safe Families Act of 1997 (ASFA) was enacted in an attempt to expedite the child's permanency plan by pushing for adoption of children in foster care. The ASFA requires the U.S. Department of Health to make reasonable efforts to reunify and preserve existing families while rewarding the states for increased adoption of foster care children. The ASFA was enacted to ensure the best interests of the child are to remain paramount, but in practice, the ASFA is furthering the best interests of the state. This Note proposes amendment of the ASFA to increase the obligation of the Department of Social Services (DSS) to make its best efforts to preserve and reunify the existing family unit, while also imposing a penalty if the DSS fails to do so. 相似文献