SEPARATION ANXIETY AND DE FACTO DENIAL OF VISITATION

The dynamics of separation anxiety and its potential impact upon restriction of legal visitation in preschool age children is discussed. The interplay between adult personality characteristics and the child's developmental level is inextricably intertwined to generate separation fears. This interplay is presented within a theoretical framework of interaction. Unfortunately, the child's reactions to separation are frequently misinterpreted by the parents as indications of some mistreatment by the former spouse. Although adjustment difficulties in preschool age children coping with divorce are likely, the pattern of disturbance associated with separation anxiety is predictable and occurs almost exclusively with temporary removal from the primary parent. Behavioral health and legal professionals are cautioned against allowing such behavioral disturbance to be utilized by combative parents to deny, restrict or abridge scheduled visitations with the nonresidential parent. Requests for private custody evaluations have increased dramatically in the past decade. Behavioral health professionals often find themselves being jointly stipulated to by disagreeing parties, or directly appointed by the court, to help formulate a residential plan to meet “the best interests of the children” affected. When assessing divorcing families with young children, varied adjustment patterns are observed. However, as Wallerstein and Kelly (1980) discovered, almost all children are adversely affected by the family rupture, at least on a short-term basis. Surprisingly less than 10 percent of the children experienced relief following the parental decision to divorce, despite the degree of explosiveness which may have characterized the dysfunctional marital relationship. Further, the particular response style exhibited by the children was primarily dependent upon the developmental and emotional level the child attained prior to the time of divorce. While positive adjustment has been correlated with an absence of feuding or animosity between the divorcing parents (McKinnon & Wallerstein, 1986), preschool children seem quite vulnerable to adjustment difficulties. Evidence has also begun to accumulate to suggest that divorce has a more serious impact upon boys than girls (Hetherington, 1979). Problems frequently surface during times of exchange, particularly when parents are actively engaged in battle. At its worst, these extreme maladjustments may resemble what appears to be a separation anxiety. Again, the Wallerstein and Kelly (1980) studies reported that preschool age youngsters displayed fright, exhibited regressions, confusion, increased aggression, maintained disruptive fantasies, and experienced guilt. While most of these symptoms remit within a year to a year and a half following divorce, continued bickering and conflict between the parents either prevents resolution, or may even exacerbate, these symptoms later. The purpose of this paper is to discuss the phenomenon of separation anxiety in greater detail, and to provide professionals aiding divorcing families with preschool age children sufficient information to recognize and understand these problems. Hopefully, this knowledge will facilitate those entrusted with making custodial-visitation recommendations, the confidence to follow through with agreed visitation plans despite what at first may appear to be discomfort to the child.     

CURRENT RESEARCH ON CHILDREN'S POSTDIVORCE ADJUSTMENT

This article reviews the current research on the effects of marital conflict, parental adjustment, custody, and access on children following divorce. Evidence from research demonstrates that significantly more adjustment problems confront children, especially boys, of divorced parents compared to those in never-divorced families. However, when assessed in years following the divorce, these children are functioning in normal limits and do not appear "disturbed," although the media report the opposite. The article discusses an important British study finding that marital conflict and not the divorce affect children and that divorce may mitigate some of the more destructive effects. The analysis of research dealing with joint custody brings together both current and ongoing studies. A surprising finding in one study was that mothers who share custody are more satisfied than those having sole custody and whose children see their father periodically. However, both groups expressed more satisfaction with their residential arrangement than did sole-custody mothers whose children had no paternal contact. Court-ordered joint custody was less satisfactory than when the parents voluntarily agreed to that arrangement, and spouses reporting high levels of marital conflict tended to do less well in joint custody arrangements than did families with less conflict.     

RELOCATION,RESEARCH, AND FORENSIC EVALUATION,PART I: EFFECTS OF RESIDENTIAL MOBILITY ON CHILDREN OF DIVORCE1

The issue of relocation presents courts and child custody evaluators with dilemmas on the issue of allowing a child to move with a parent to a new community and how to craft long‐distance parenting plans if relocation is allowed. The issue of the potential effects of residential moves on children of divorce has focused on the importance of the child–nonresidential parent relationship. The research literature on the effects of residential moves, or relocation, on children of divorce has not been fully integrated into the examination of this issue and its relevance for the child custody evaluation. The literature shows residential mobility is a general risk factor for children of divorce and this is a starting point for the custody evaluation, but it is not a basis for bias or a presumption against relocation. Predicting a child's adjustment to relocating or not relocating requires a careful and contextual investigation of the child and family circumstances. The research literature is a helpful frame of reference.     

EFFECTS OF DIVORCE ON ADULT CHILDREN OF DIVORCED FAMILIES IN CHILE

This article examines the long-term effects of divorce on adults whose parents divoiced during their childhood in Chile. A study of 35 adult Chileans found that many still fantasize about their parents 'reconciliation and as children had not been told about the divorce until one of the parents had already left the home. Preventive intervention oriented toward preparing both parents and their children for the impending divorce are suggested.     

AUTISM IN CHILDREN AND PARENTS:

Family court professionals are increasingly involved with divorces between parents of autistic children where the parents themselves may also have either diagnosed or undiagnosed autistic spectrum disorder (ASD). Yet, there have been no published guidelines for the court professionals who are managing these cases (National Autistic Society, 1991; Singer, 2003 ). The goal of this article is to familiarize divorce professionals with the growing phenomenon of autism and to delineate specific recommendations for the management of these cases in the family law context.     

KIDS' TURN

Reported in this article is an innovative group program for children whose families are going through divorce. The Program is sponsored by the San Francisco court system. This program provides an orientation for children to help them cope with divorce. The program also involves the parents. The goals of the program are to demystify the separation process, provide a safe place for children and parents to discuss their feelings, provide a culturally sensitive context, provide information regarding other resources, and teach communication and problem-solving skills.     

ARE SELF-DETERMINED DIVORCE AND CHILD CUSTODY AGREEMENTS REALLY BETTER?

The results of this study support the hypothesis that couples who perceived themselves as having actively participated in the development of their own divorce decrees were more satisfied with their custody and financial arrangements and obligations. These same couples, however, reported more postdivorce conflict with their ex-spouses and more emotional maladjustment. It is concluded that there are costs and benefits attached to self-determined divorce decrees. Such decrees tend to require greater cooperation between ex-spouses, which in turn creates more opportunities for disagreements. Thus more attention needs to be paid to helping couples deal with the strife that is likely to occur after the divorce is final.     

FAMILY MEDIATION AND NEVER-MARRIED PARENTS

Parents who were never married to each other are increasingly court-ordered to mediate disputes over their children. The author reviewed 441 cases of divorcing and never-married parents to compare their experiences with family mediation. Client situations, adjustments in mediator behavior, and outcomes of mediation such as mediation did occur and agreements reached were compared. Factors external to mediation had a different impact on never-married parents than on divorcing parents. The review indicated never-married parents had a higher no-show rate than that of divorcing parents, yet when never-married parents did appear for court-ordered mediation, they reached agreements at the same rate as divorcing parents. Surprisingly, the never-married parents with a history of violence were more likely to appear for appointments and reach agreements. Overall, with modifications in mediator assumptions and behavior, divorce/family mediation appears to be useful to never-married parents.     

TAILORING THE INTERVENTION TO THE CHILD IN THE SEPARATING AND DIVORCED FAMILY

Longitudinal and national studies show that many children of divorce suffer grave emotional and educational difficulties. These difficulties, which are evident before, during, and long after divorce, have complex roots in skewed family relationships, such as troubled parent/child relationships, the psychiatric disturbance of one or both parents, and continuing parental conflict. Although it is abundantly clear that these families are in dire need of a wide range of sophisticated educational and clinical programs, both brief and extended, to address the different subgroups within this population, few such programs are available. Of particular concern are high-conflict families where the divorce may have triggered a thought disorder Family-centered and group programs that make use of recent research findings have been successful in addressing both parents and children within different target groups in the divorce population. Programs based on these successful demonstration projects should be made widely available through the courts and/or in the community.     

DIVORCE MEDIATION: Research and Reflections

Mediation and other forms of alternative dispute resolution (ADR) grew rapidly in the last few decades as a result of high divorce rates, frequent conflicts between parting parents, the resulting administrative burden on courts, and especially concerns about damaging effects on children and postdivorce family relationships. This article focuses on our longitudinal research involving randomized trials of mediation and adversary settlement to support the conclusions that mediation can: (1) settle a large percentage of cases otherwise headed for court; (2) possibly speed settlement, save money, and increase compliance with agreements; (3) clearly increase party satisfaction; and (4) most importantly, lead to remarkably improved relationships between nonresidential parents and children, as well as between divorced parents—even twelve years after dispute settlement. The key "active ingredients" of mediation are likely to include: (1) the call for parental cooperation over the long run of co-parenting beyond the crisis of separation, (2) the opportunity to address underlying emotional issues (albeit briefly), (3) helping parents to establish a businesslike relationship, and (4) the avoidance of divisive negotiations at a critical time for family relationships. We call for more research on mediation and other forms of ADR, as well as a renewal of the excitement and optimism of the "first generation" of mediators, qualities that are "active ingredients" in any successful social or psychological intervention.     

CLASS,GENDER, AND ARREST: AN INTERGENERATIONAL ANALYSIS OF WORKPLACE POWER AND CONTROL*

Power‐control theory posits that parental workplace positions affect adolescent law violation. To date, however, no test of the theory has directly measured occupational power and control. This paper tests whether parental and adolescent workplace freedom and control affect criminal behavior and arrest as the theory predicts, using data from a prospective longitudinal survey of 1, 000 adolescents and their parents. The results suggest sex differentials in the effects of maternal authority position and parental freedom and control. In particular, daughters whose mothers hold authority positions are more likely to be arrested than are daughters whose mothers do not hold such positions. The effects of adolescent employment also differ by sex, with perceived workplace power and control reducing rates of arrest among females but increasing them among males.     

群体性事件的社会学思考

群体性事件是重大社会性事件,参与群体性事件人员的成分复杂,表现方式日趋激烈,组织化程度不断提高,处置难度进一步加大,在一定程度上影响了我国的社会稳定,必须引起高度重视。     

EFFECTS OF SKILL-BASED VERSUS INFORMATION-BASED DIVORCE EDUCATION PROGRAMS ON DOMESTIC VIOLENCE AND PARENTAL COMMUNICATION

This study used a pre- and postevaluation with a control group to compare the effectiveness of two divorce education programs: skill-based Children in the Middle (CIM) and informationbased Children First in Divorce (CFD). Each treatment group consisted of approximately 125 divorcing parents mandated to attend divorce education in Florida. The control group consisted of 64 divorcing parents not mandated to attend divorce education in Alabama for lack of a program. Treatment and control parents lived in comparable cities with comparable demographics. Results indicate that CIM, not CFD, improved parental communication. Both CIM and CFD reduced child exposure to parental conflict. Neither program had effects on domestic violence, actual parental conflict, or child behavior problems. Across all groups, parents with greater divorce knowledge and communication skills experienced more reciprocal discussions with the other parent, less parental conflict, less domestic violence, and they exposed children to less conflict.     

PATTERNS OF RELITIGATION

Two groups of parents were tracked for 2 years following their divorce: a group of 89 who attended a mandatory divorce education class and a comparison group of 23 who did not. The two groups did not differ in any assessed demographic or family characteristics. At the follow-up assessment, the parents who attended the class had relitigated (over all issues) less than half as often than those who had not attended the class (1.61 vs. 3.74). Moreover, rate of relitigation was related to mastery of skills learned in the class. The results are discussed in terms of the needs for outcome evaluation and design of education programs for divorcing parents.     

ENABLING CHILDREN OF DIVORCE TO WIN

Divorce mediators, attorneys, judges, and psychologists approach the issues in marriage dissolution from disparate vantage points. Legal niceties, actuarial acrobatics, and egosaving mechanisms tend to dominate the proceedings. Too often, however, some of the professionals have neither the training nor the experience to recognize the potential impact of such decisions on the children of divorce. The children rarely have an advocate whose sole task it is to make certain that their "best interests" are truly served. Questions are raised and suggestions for research are offered in an effort to reduce children's victimization and enable them to emerge as winners.     

MEDIATION AND PARENTAL ALIENATION SYNDROME

Parental alienation syndrome (PAS), a term that originated in the mid-1980s, refers to a disturbance in which children are preoccupied with viewing one parent as all good and the other parent as all bad. Conscious or unconscious words and actions of custodial parents cause the child(ren) to align with them in rejection of noncustodial parents during divorce or custody disputes. Issues of concern for mediators include detection of PAS and an understanding of appropriate remedial plans that will allow the child to restore his or her relationship with the noncustodial parent .     

Fathers and sons: some effects of prolonged custody litigation

In all jurisdictions, for a variety of reasons, child custody and visitation issues may be reopened at any time. The children at issue, already likely to have been traumatized by problems in the parental marriage and subsequent separation and divorce, are affected further by still more litigation. The cases of three preadolescent boys who are the subjects of such prolonged litigation are presented. In each, the boys resided with their mothers as the primary custodial parents, the fathers having generally liberal rights of visitation. Regardless of which parent raised further court-related issues after the original agreements, the father-son relationship was most severely affected by continuing legal actions and related parental actions. Each child became increasingly fearful of the next anticipated visit by the father, who was cast into the role of villain by the child. Efforts to improve these damaged relationships through joint parent-child therapeutic attempts were largely of little avail. In spite of what may have been good experience with the person of the judge who dealt with earlier litigation, the children became fearful of what the next might be like or might do, viewing the judge as the person in power to whom parents and attorneys alike deferred. It is suggested that, wherever possible, prolonged litigation be avoided in the best interests of the child and of preserving necessary child-parent relationships.     

LEGISLATING FOR SHARED PARENTING: EXPLORING SOME UNDERLYING ASSUMPTIONS

In 2006, the Australian parliament introduced new family law legislation about substantively shared overnight parenting arrangements between divorced couples. Other countries and state legislatures are currently debating the merits of similar legislation. A largely unquestionable premise underpins this reform, namely that the majority of children from separated families demonstrably benefit from the ongoing, warm and available involvement of both parents, in a climate of well-managed interparental conflict. The Australian legislation moves beyond encouragement of shared parenting in divorce cases with adequately functioning parents; it extends into grey areas which, to date, remain poorly serviced by credible research, including its application to children of all ages and to parents experiencing significant levels of ongoing conflict. Drawing on data from a longitudinal high-conflict divorce sample, this article challenges three assumptions that underpin a legislative preference for shared parenting, that shared parenting is viable and sustainable for divorced parents in conflict, that shared care enables improved cooperation between parents, and that as a result children will be less affected by their parents' conflict. The article further explores the influence of the mediation process on the choice and durability of shared parenting arrangements.     

A CALL UNHEEDED

This article discusses the obstacles to implementing education programs for divorcing parents, the goal of which is to make parents aware of the effect divorce can have on children and provide them with skills necessary to address such problems. This article attempts to differentiate between adopter and nonadopter courts, that is, courts that have adopted mandatory education programs for divorcing parents and courts that have not. The article also provides an analysis of possible justifications of why some courts have chosen not to implement such programs.