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Shelley Kierstead 《Family Court Review》2011,49(1):140-154
This work considers how court‐connected parent education programs can assist parents to access dispute resolution processes that best suit their families’ needs, in a manner involving appropriately curtailed levels of state interference with parental autonomy. After reviewing traditionally accepted limits on state interference with family functioning, the increased concern for children's emotional well‐being, and data relating to one parent education program, the author concludes that providing mandatory “basic level” informational programs to all separating parents seeking access to the family law regime is a warranted level of state intervention. “Skills‐building” programs aimed at achieving demonstrably changed parental practices should be available on a voluntary attendance basis. 相似文献
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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
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Lawrie Moloney 《Family Court Review》2013,51(2):214-223
As a centrepiece of Australia's 2006 family law reforms, the community‐based Family Relationship Centres (FRCs) represented a major development in the Government's commitment to incorporate family relationship services into its family law system. This paper sees FRCs as a logical development of the original conceptualising the Family Court of Australia as a “helping court”. The paper suggests that the aspiration to create a helping court was partially achieved in 1976 via the creation of an in‐house family court counselling service, which was primarily focused not on law and legal principles, but on supporting the ways in which family members were managing the task of redefining relationships. While generally valued by judges and others, this service nonetheless found itself in tension with the Family Court's continued primary commitment to legally informed and adversarially driven negotiation and decision‐making processes. Since 2006, the creation of FRCs has spearheaded a family law system that provides relationship‐focused interventions away from the courts as the default option for most parenting disputes. Consistent with this aim, there is evidence of a diminished percentage of cases now requiring judicial intervention. The 2006 legislation also provides for courts to conduct “less adversarial trials.” Paradoxically, this has occurred alongside unequivocal evidence from the Australian Institute of Family Studies’ evaluation data that judicial officers are dealing mainly with families displaying seriously dysfunctional attitudes and behaviours. The legal challenge in dealing with these cases is for courts to provide child focused, fair and non‐destructive internal processes. In addition, however, it is increasingly clear that to support and help facilitate their decisions, courts also need good working relationships with FRCs and other community based services. FRCs and the 2006 reforms offer the possibility of moving beyond the ideal of a “helping court” to the broader concept of helping family law system. 相似文献
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This study investigated whether reported levels of intimate partner violence (IPV) and/or abuse (IPV/A) victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues. Whether or not parties reached agreement was analyzed for 105 cases at a law school mediation clinic. Agreement content was coded for the 71 cases that reached agreement. Levels of IPV and IPV/A were determined separately for males and females, using a standardized measure. Regression models were utilized to examine reports of IPV or IPV/A as predictors. Results indicated that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns; levels of partner violence/abuse predicted numerous issues in mediation agreements, including arrangements regarding legal custody, parenting time, holidays, child exchanges, interparental communication, safety restrictions, counseling referrals, child support, financial arrangements, and other miscellaneous topics (e.g., relocation). However, some findings were consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A; for example, increasing levels of male‐perpetrated IPV/A predicted increased likelihood of making an agreement to share legal custody. Further research is needed to resolve the longstanding debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.
- Key Points for the Family Court Community
- This study adds to the debate of whether divorce mediation is an effective and safe process for parties demonstrating IPV/A.
- It examines whether reported levels of IPV and IPV/A victimization are related to reaching agreement and to the content of mediation agreements of parties seeking to resolve family‐ and child‐related issues.
- Results provide some evidence that mediation may help families with a reported history of IPV and IPV/A address a variety of concerns.
- However, some findings are consistent with concerns raised about the use of mediation with parties reporting IPV and IPV/A.
- Findings have implications for the practice of family mediation with parties reporting a history of IPV or IPV/A.
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This article reports on two related studies about varying pathways to the resolution of family disputes and the effects of family justice reforms in Ontario: a survey of family court professionals (n = 118) and an analysis of 1,000 closed court files of family cases involving children. Both studies reveal that the vast majority of cases are resolved without a trial, often by negotiation. While professionals generally support family justice reform initiatives, there remain significant gaps in the implementation of these strategies. For example, many litigants do not attend information programs despite the requirement for mandatory attendance; there is limited use of mediation; the views of children are being sought in only a small number of cases; and there is a large proportion of self‐represented family litigants. Despite the increase in shared care and joint decision‐making arrangements, a majority of cases in the court file study were sole custody arrangements to the mother, whether the case was settled or resolved by trial. Mediation was associated with greater time of contact with the non–primary residential parent (usually the father). 相似文献
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Safia Fasah 《Family Court Review》2018,56(1):135-149
In the United States there are almost three million children who have one or both parents incarcerated. Parental incarceration negatively impacts children in several ways. Visitation protocol varies across facilities nationwide with no modification in protocol for minors. Parental rights are disrupted by visitation protocol because of cost‐prohibitive access and extreme security measures. This Note proposes a model statute that would change visitation protocol to facilitate a clear‐cut set of visitation processes that are tailored to ensure prison safety while also fostering and maintaining a positive relationship between a minor child and his/her incarcerated parent. 相似文献
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Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts. 相似文献
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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
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《Boletín mexicano de derecho comparado / Instituto de Investigaciones Jurídicas, UNAM》2014,47(141):867-908
The general goal of the present article is to provide a way of reasoning through a series of conclusions that may contribute to foster a frequently overlooked topic in Private International Law, we refer to the acknowledgement and enforcement of voluntary cross-border family agreements that may as well result in the creation of Soft Law instruments, such as the Guidelines for good practice in mediation. These are definitely enough reasons to try to spare children from irreversible damage arising from international family conflicts that could be mitigated — if not altogether deactivated— through cross-border voluntary agreements, acknowledged and enforced in all jurisdictions involved. 相似文献
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A subgroup of intractable families, in which a child refuses postseparation contact with a parent, perplexes and frustrates professionals who work with them. This article discusses the underlying forces that drive the family's intractability, as well as guidelines for working with the family. The guidelines include specific court orders developed from the very beginning of the case that elaborate the court's stance about goals and expectations for the family, along with specialized individual and family therapies that are undertaken within a framework of planned collaboration with the court. The collaborative team of legal and mental health professionals works in an innovative and active way to structure, support, and monitor the family's progress in resolving the resist/refuse dynamic. 相似文献
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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
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Helping Families by Maintaining a Strong Well‐Funded Family Court that Encourages Consensual Peacemaking: A Judicial Perspective 
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下载免费PDF全文 Hon. Thomas Trent Lewis 《Family Court Review》2015,53(3):371-377
This article explores alternatives for the court process that promote a child‐centered approach to resolution of family law issues including a summary of procedures used in Los Angeles County to assist families. The article also explores alternatives to the traditional custody litigation model.
- Key Points for the Family Court Community:
- Evaluations and trials are not the only tools available in family law.
- Structured court ordered counseling can provide a meaningful intervention and reduce family conflict.
- Alternative forms of mediation can help families address the “need to be heard” and retain personal autonomy in decision making.
- The court system should help educate families about how to resolve conflict in a safe, effective, and meaningful way.
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This article reports on a cluster randomized pilot study of a mediation‐based intervention for separated parents of very young children, Young Children in Divorce and Separation (YCIDS). The control group intervention was “Mediation plus Reading.” Participants were separated parents attending mediation over a co‐parenting dispute concerning a child under the age of 5 years (n=33 cases). Nine of the 16 key child and parent outcomes were significantly better for the intervention group, with the remainder nonsignificant between groups. Mediators reported 35 per cent lower referral on to legal action for YCIDS cases following mediation. Implementation complexities of the YCIDS program led to the development of an online intervention format, now the subject of a further study. Further implications of this pilot study are discussed. 相似文献