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1.
    
Every day in family law courts and mediation rooms across the world, complex decisions are made about postseparation parenting that affect the developmental outcomes of countless children. Attorneys, judges, parents, and even mental health professionals are often poorly equipped to accurately apply developmental knowledge to these decisions, including knowledge from the vast field of attachment theory. A mounting body of research from developmental psychology and neuroscience confirms attachment relationships to be a central axis of the child's developmental pathway, in every family, in every culture throughout the world. The health of a child's attachments can influence multiple and far‐reaching outcomes. As such, attachment theory and knowledge deserve a place in the family court's deliberations and planning for children, but to date, that place remains ill defined. Inconsistencies and misunderstandings, conundrums and complexities of applying attachment knowledge to divorce and separation matters are evident throughout the field. This Special Issue went in search of a shared praxis of meaning about attachment. The resulting collection of papers and interviews documents the views of multiple, eminent attachment experts, who discuss advances in the theory and consider guidelines for legal and mental health practitioners in applying attachment concepts to post‐separation decision making. This opening paper charts the course of this project and summarizes the major points of convergence.  相似文献   

2.
    
This article discusses the nature and implications of the proposed Legal Aid cuts in family law cases raising issues of domestic abuse. It outlines the proposed inclusions within and removals from the scope of Legal Aid for private family law proceedings set out in the Green Paper, Proposals for the Reform of Legal Aid in England and Wales, charts the progress of the proposals from the Green Paper to the Legal Aid, Sentencing and Punishment of Offenders Bill 2011, and considers their likely impacts on women and children affected by domestic abuse. It also considers the potential interaction between the Legal Aid reforms and the Family Justice Review, and suggests desirable amendments to both.  相似文献   

3.
ABSTRACT

The United Nations Convention on the Rights of the Child explicitly calls for children to be granted the right to participate in legal proceedings that affect them. Despite this legal obligation and an evolving consensus that recognises children as social and competent actors, this rhetoric has struggled to achieve translation into meaningful practice reality, particularly when decisions are being made about contact arrangements for children where there has been a prior history of domestic violence. Drawing on the narratives of children who participated in three separate research projects in Ireland between 2009 and 2015, this paper will consider the manner in which they were involved in the decision-making process and the extent to which their views were ascertained and their voices heard. This paper concludes by raising the key question of how the child’s best interests can be served if the child’s views are not sought, heard or considered.  相似文献   

4.
    
In this far‐reaching interview, Allan Schore, renowned scientist, clinical psychologist, and clinical neuropsychologist, considers the place of neuroscience in facilitating developmental knowledge and better decision making in family law matters. He details current science on the neurology of attachment formation, the function of early caregiving relationships, gender, neuroscience perspectives on conflict and family violence, and implications for parenting arrangements. At the meta level, Schore describes the responsibilities of the family law system in promoting the development of the child. On the faculty of the Department of Psychiatry and Biobehavioral Sciences, UCLA, Schore is on the editorial staff of 35 journals in various academic and clinical fields. His integration of neuroscience with attachment theory is documented in three seminal volumes, Affect Regulation and the Origin of the Self, Affect Dysregulation and Disorders of the Self , and Affect Regulation and the Repair of the Self, as well as numerous articles and chapters. He has justifiably earned the nickname of “America's Bowlby.”  相似文献   

5.
    
Daniel Siegel is renowned for his ability to translate neuroscience for professions working outside the arena of science. Here, Siegel discusses advances in interpersonal neurobiology, specifically considering applications for family law. Siegel is a clinical professor of psychiatry and co‐director of the Mindful Awareness Research Center at UCLA and director of the Mindsight Institute. He is the author of numerous articles, chapters, and books, including the internationally acclaimed professional texts, The Developing Mind: Toward a Neurobiology of Interpersonal Experience and The Mindful Brain: Reflection and Attunement in the Cultivation of Well‐Being.  相似文献   

6.
    
This paper discusses the Coordinated Family Dispute Resolution (family mediation) process piloted in Australia in 2010–2012. This process was evaluated by the Australian Institute of Family Studies as being ‘at the cutting edge of family law practice’ because it involves the conscious application of mediation where there has been a history of family violence, in a clinically collaborative multidisciplinary and multi-agency setting. The Australian government's failure to invest resources in the ongoing funding of this model jeopardises the safety and efficacy of family dispute resolution practice in family violence contexts, and compromises the hearing of the voices of family violence victims and their children.  相似文献   

7.
On the basis of a learning-theory approach to the intergenerational transmission of violence, researchers have focused almost exclusively on violent men's childhood experiences of physical abuse and witnessing family violence. Little consideration has been given to the coexistence of other forms of child maltreatment or the role of family dysfunction in contributing to violence. This study shows the relationships between the level of child maltreatment (physical abuse, psychological maltreatment, sexual abuse, neglect, and witnessing family violence), childhood family characteristics, current alcohol abuse, trauma symptomatology, and the level of physical and psychological spouse abuse perpetrated by 36 men with a history of perpetrating domestic violence who had attended counseling. As hypothesized, a high degree of overlap between risk factors was found. Child maltreatment, low family cohesion and adaptability, and alcohol abuse was significantly associated with frequency of physical spouse abuse and trauma symptomatology scores, but not psychological spouse abuse. Rather than physical abuse or witnessing family violence, childhood neglect uniquely predicted the level of physical spouse abuse. Witnessing family violence (but not physical abuse) was found to have a unique association with psychological spouse abuse and trauma symptomatology. These results present a challenge to the understanding of domestic violence obtained from learning theory.  相似文献   

8.
    
Conflicted parental separation is associated with risks to safety and wellbeing for all family members. The Family Law DOORS (FL-DOORS; Detection of Overall Risk Screen) is a standardized screening framework to assist identification, evaluation, and response to family safety risks. The FL-DOORS has previously been validated in two large Australian samples (N = 6089) and found fit-for-purpose as an indicator of family violence and wellbeing risks in separated families. Now, using pilot data from a community mediation context, we examine its utility as a repeated measure for detecting change in safety and wellbeing over time. A pilot cohort of 67 parents engaged in a mediation service for parenting and/or property disputes completed the FL-DOORS at intake (T1) and approximately 8 weeks later (T2). We assessed T1-T2 change scores and correlations in change between variables and used MANOVA to determine if clusters of related scales discriminated change across time. Findings support the psychometric capacity of the FL-DOORS for use as a repeated measure in risk monitoring. We also note possible effects of this early screening process for reducing risk prior to engagement in mediation input. We discuss implementation utility for family law services to monitor change in risk type and magnitude over time.  相似文献   

9.
Based on the experience of finding low-level partner aggression in most couples disputing custody/access arrangements, I reviewed the literature on the incidence of common couple aggression and the impact of parental conflict on children. The pervasiveness of this pattern of interparental maltreatment and its potentially negative effects on children's behavior and emotional development underlay the importance of investigating these issues with such disputing families. The integration of several existing models for clinical-forensic evaluation and recommendations was proposed.  相似文献   

10.
刘正祥 《行政与法》2007,(12):122-125
家庭是社会的细胞,在构建社会主义和谐社会的历史背景下,认真反思并全面破解家庭暴力问题,其理论意义和现实意义均格外重大。文章从经济、社会、文化、历史、法律等角度对家庭暴力问题作出了解读,希冀全面准确地揭示家庭暴力的内涵、根源与防治对策。  相似文献   

11.
The general purpose of this study was to investigate domestic violence within a conflict framework. Specifically, the association between conflict-based, communication response and outcome behaviors and the frequency and severity of female domestic violence towards male partners was examined. Participants were 153 female volunteers who reported on a range of communication responses and outcomes for both self and partner. The contribution of relationship distress was controlled for and also examined as a moderator. Relationship distress was not found to be a significant moderator. Results showed that seven communication response variables and four outcome variables were significantly associated with the frequency and/or severity of female domestic violence. Relative to nonviolent relationships, relationships with female violence had more male and female unilateral verbal aggression, more mutual verbal aggression, more male verbal aggression/female calms things down, more male demand/partner withdraw, more mutual avoidance, and less constructive relative to destructive communication. Relationships with female violence also had poorer resolution of problems and more emotional distance after problem arguments and discussions than their nonviolent counterparts.  相似文献   

12.
    
John Bowlby (1907–1990), a British psychologist, psychiatrist and psychoanalyst, is widely known as the father of attachment theory. He was also the father of Richard Bowlby. Since his father's death, Sir Richard Bowlby has made it his life's work to carry on his father's legacy, seeking ways to help the general public benefit from a better understanding of attachment relationships and his father's work in particular. Although an Honorary Research Fellow, Department of Psychology, University College, London, and patron of many organizations that address challenging attachment issues, Richard Bowlby emphasizes that his strengths are in being “a well‐informed layman, having some pretty good inside information, and some wonderful stories to tell.” Here, he covers a wide range of topics and controversies core to family law, offering contemporary and historical insights, perspectives from his father, and an interesting tale or two.  相似文献   

13.
Everett Waters is involved in a wide range of longitudinal research projects and educational programs that advance the Bowlby‐Ainsworth tradition of attachment study. His empirical and theoretical knowledge is far reaching. Here, Waters explores the family law field's hopes and expectations of attachment theory, identifies a number of myths about attachment theory that may influence divorce decision making, and challenges why we ask the questions we do. His views encourage hardened supporters and detractors of attachment theory alike to identify a middle ground where the essence of attachment knowledge might best inform family law practices in divorce and separation matters.  相似文献   

14.
    
Domestic violence is the most common welfare issue raised in private law contact proceedings. A wide range of studies has shown that judicial decisions about contact which fail to take safety into account endanger women and children physically and emotionally. Yet a presumption that contact is in the best interests of the child, combined with an increasing focus on fathers' rights, casts long shadows over legal judgments, policy frameworks and individual cases. This article presents research which examined child contact proceedings as a legal process to identify if, how and when domestic violence was factored into judicial decision making. Drawing on in-depth interviews with 34 women who had recently completed, or were currently undergoing, proceedings, the article highlights how two aspects of private law Children Act proceedings diminished women's safety: the absence of special facilities in family courts and gaps in legal representation for both victim-survivors and perpetrators.  相似文献   

15.
    
Infants, parental separation, custody, and overnight care: a vexed combination of issues and needs that has long perplexed the family law field. Carol George and Judith Solomon have conducted the only published observational study of infant attachment in light of postseparation overnight care arrangements. Here they revisit that study and bring more than three decades of experience to bear on questions concerning very young children implicated in family law disputes. Currently a professor of psychology at Mills College, California, George is an author and coauthor of several notable attachment measures and has over 50 research publications in the area of attachment. Judith Solomon is both a clinical psychologist and a researcher in the attachment field, specializing in the study of early attachment relationships and representations, most recently in the Department of Pediatrics, Bridgeport Hospital. George and Solomon are associate editors of the journal, Attachment and Human Development, reviewers on multiple developmental journals, and both consult and teach internationally.  相似文献   

16.
The purpose of this study was to determine the applicability of Bowlby's attachment theory in predicting male-to-female relationship violence. One-hundred-forty-nine heterosexual couples were interviewed regarding their childhood attachment experiences, current adult attachment status, stress level and current relationship history (including past violence). Results indicated that attachment factors were unique predictors of male violence toward a female intimate. Additionally, female partners of violent males were significantly more likely to have insecure adult attachment styles. The data provide some evidence for the role of attachment processes in explaining domestic violence. The findings underscore the importance of early determinants of intimate aggression, focusing on the basic attachment relationship.  相似文献   

17.
There is an increased demand for law guardians in domestic violence cases, especially those involving child witnesses. Training is required for law guardians to meet child clients’ needs. While workshops and conferences are typical venues for continuing education training, their effectiveness is unknown. This pilot study compared law guardians who attended a conference on community violence and children to nonattendees on several training outcomes. Results showed a positive impact on attendees’ feelings of efficacy and intentions to carry out new practice behaviors post‐conference; differences were maintained at follow‐up. Limitations and implications of this pilot study are discussed.  相似文献   

18.
    
What are the longitudinal consequences of disrupted attachment relationships, and what bearing might that have on our thinking about divorce custody matters? In this paper, Alan Sroufe, William Harris Professor of Child Development, University of Minnesota, addresses these issues. Sroufe is a lead researcher on the Minnesota Longitudinal Study of Childhood, now a 30‐year research program that sets out to explore the development of children growing up in climates of chronic socioeconomic risk. This study is widely attributed with providing an “organizational perspective” on early attachment and an ecological map of the child's growing ability to cope with chronic environmental and familial strain across lifetime. In this interview, Sroufe offers candid views from his longitudinal research, emphasizing the influence of attachment security in the progression of relationship competence across the life span, and considers implications for complex custody matters.  相似文献   

19.
Eighty heterosexual dating couples provided information about their gender, individual histories of abuse in their current relationship, attachment styles, perception of and satisfaction with relationship power. Partner report of physical abuse was the dependent variable. APIM actor results suggest that an individual's gender interacts with perceived level of relationship power and satisfaction with relationship power for physical abuse. Both dimensions of attachment interacted with perceived relationship power for physical abuse. Partner effects were also found. One's partner's sex interacted with perceived power and satisfaction with relationship power. Finally, the partner's avoidant attachment interacted with satisfaction with relationship power. These findings generally replicate and extend the work of H. M. Ronfeldt, R. Kimerling, and I. Arias (1998, J. Marriage Fam. 60: 70–78) by showing how attachment styles, perception of relationship power, and satisfaction with relationship power are related in predicting aggression against a romantic partner.  相似文献   

20.
A police/victim assistance crisis intervention program was evaluated over a 6-month period for its effect on police-related outcomes. Police report data on crisis team cases (N = 96) were compared to a random selection of family violence cases (N = 80) that were not served by the crisis team. The crisis team cases generated more arrests; however, victim cooperation was lower than in noncrisis intervention cases. Implications for work with family violence and victim assistance are discussed, as well as needs for future research.  相似文献   

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