1998 NATIONWIDE SURVEY OF COURT-CONNECTED DIVORCE EDUCATION PROGRAMS

This second nationwide survey of 3,118 counties and independent cities indicates that 1,516 counties or cities in the United States currently have education programs available for divorcing parents. This is in contrast to results from a 1993–1994 study in which 541 counties had programs available, and is an increase of 180%. Comparisons are made between programs that are mandated and not mandated by the court or state and between court-provided and community-provided programs. Curriculum, format, funding, and evaluation efforts of programs are summarized. A typical program is described, and implications of the findings for program developers and court systems are included.     

RESULTS OF A SURVEY OF COURT-CONNECTED PARENT EDUCATION PROGRAMS IN U.S. COUNTIES

This article highlights the results of a survey of 3,073 U.S. counties regarding court-connected programs for divorcing parents. Court-connected programs were identified in 541 counties. Information is provided on states' efforts at parent education for divorcing parents, including proliferation of programs, commonly used programs, court involvement in organization of programs, fees, and various attendance policies, including mandated attendance. The research establishes a base of information that reflects current practices, informs future research on program outcomes, and assists court systems to implement, change, and/or mandate education programs for divorcing parents.     

LEGAL IMPLEMENTATION OF PARENT EDUCATION PROGRAMS FOR DIVORCING AND SEPARATING PARENTS

This article traces the legislation permitting or mandating the use of parent education for divorcing and separating parents in state courts. Explored are State mandatory and discretionary programs, local court rules, voluntary programs, and some of the constitutional issues that are raised.     

Local Governance and Redistributive Policy: Explaining Local Funding for Public Defense

In many American states, public defense is provided at the county rather than state level (Langton & Farole 2009 ). Local governments have discretion over implementing and funding the right to counsel, resulting in considerable variability in programs and funding levels. Placing this issue in the theoretical context of redistributive policies and politics, we investigate decisions on funding this service across upstate New York counties. Using as a point of departure Paul Peterson's classic explication of community politics, we first model variation in funding as a function of counties' fiscal capacity, need for services, and costs of supplying legal representation. We also test Peterson's prediction that local political factors will play little if any role in budget decisions. Second, through interviews with program administrators we explore the characters of twelve defender programs in which expenditures departed from the model's predictions. We find that three factors—which we term “influence,” “infrastructure,” and “ideas"”—also vary directly with levels of funding. We conclude with a discussion of the implications of these findings for theoretical thinking about due process policies and local politics, and for policy debate over how best to ensure adequate counsel in criminal court.     

STATUS OF COURT-CONNECTED PROGRAMS FOR CHILDREN WHOSE PARENTS ARE SEPARATING OR DIVORCING

This article reports on programs for children whose parents are divorcing or separating. Data were obtained from 67 courts and 81 program providers across the United States. Most court systems with children's programs used community providers and encouraged rather than required children's attendance. The average program consisted of one or two sessions, with a length of 4 to 5 1/2 hours. A partial list of commercially available curricula is provided in the appendix.     

A REVIEW OF ONLINE DIVORCE EDUCATION PROGRAMS

Divorce education programs first surfaced over four decades ago. Today, many states mandate parents to participate in a divorce education program before their dissolution can be finalized. Changes in the technological landscape have allowed innovative practitioners to create online divorce education programs, yet these programs have not been formally evaluated for quality. Adapting a research design for evaluating face‐to‐face programs, we created an online divorce education review form and reviewed online divorce education programs that parents use to meet court‐mandated requirements. Results reveal that online programs have significant potential to help divorcing parents, yet there are areas of online program content and instructional strategies that can be improved. Program content that includes legal and court focused topics or modules, or that offer advice for families facing special circumstances such as domestic violence, could be enhanced. Additionally, most of the instructional strategies were passive. With this research, recommendations were made for improving program content and instructional strategies for online divorce education programs.     

FAMILY COURT IMPROVEMENT AND THE ART OF GRANTSMANSHIP: A JUDGE'S PERSPECTIVE

Many American courts face funding obstacles as they try to create and implement unified family court processes that have not been part of the traditional family court adversarial process. To create new staff positions, build and equip adequate facilities, and create and implement innovative programs, grant funding may be available to supplement what local and state governments provide. While social science research confirms that children are adversely affected by exposure to high‐conflict family litigation and domestic violence, many communities have few affordable and available resources to address these issues. This article presents lessons and principles that one court learned as it applied for a grant to design programs for high‐conflict families and families with domestic violence history.     

LONG-TERM FOLLOW-UP OF A COURT-BASED INTERVENTION FOR DIVORCING PARENTS

This study investigated whether participation in an educational program for divorcing parents is associated with a lower incidence of relitigating divorce-related decisions over time. A systematic review of court records indicated that couples who attended this program (n = 159) in central Illinois were just as likely as those in the control group (n = 43) to relitigate over a 6-year period. Furthermore, county-wide rates of relitigation increased from 2 years before to 3 years after the program's introduction. However, reports obtained from participating families suggest that the program may serve an important function for families in which there is a high risk of triangulating children into postdivorce conflict.     

Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

The fastest growing marital status category in America is divorced, with the number of divorced individuals quadrupling between 1970 and 1996. The majority of children in divorced families live with a single parent and often lose contact with the noncustodial parent. A recent review of the literature suggests that many noncustodial fathers fail to keep contact with their children and become delinquent in child support payments because of their dissatisfaction with the custody arrangement. However, there has been little examination of how custody arrangements are typically determined or settled. In addition, divorces that involve spousal violence bring further complications to child custody, visitation, and child support decisions. This study included a 20% random sample of court records for all divorces settled in one county judicial circuit court during 1998. The purpose of this study was to examine characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions. Contrary to popular belief, findings from this study indicate that divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. About 38% of the couples had children in common and between 78 and 92% of cases were settled through agreement, which suggests that fathers are in fact agreeing to the custody arrangement, rather than being forced into it. About one in five records overall noted spousal violence, and there was no significant difference in settlement methods for couples with or without spousal violence. Cases with children and spousal violence were significantly more likely to have also mentioned substance use and postdecree activity. This study suggests a need for more focused attention on divorce cases with spousal violence to reduce postdecree court involvement and safety of children and adult victims, as well as further study into what causes noncustodial parents to lose contact with their children.     

INDIVIDUAL AND COPARENTING DIFFERENCES BETWEEN DIVORCING AND UNMARRIED FATHERS

The current study examines differences in demographic characteristics, parental conflict, and nonresidential father involvement between divorcing and unmarried fathers with young children. Participants were 161 families (36 unmarried) with children aged 0 to 6 years, involved in a larger longitudinal study of separating and divorcing families. Baseline data were gathered from parenting plans, court databases, and parent reports. Results indicated that unmarried fathers were younger, more economically disadvantaged, less well educated, less likely to have their children living with them, and had less influence on decision making. Unmarried fathers reported more conflict regarding their attempts to be involved with their children in their day-to-day activities. Understanding these unique characteristics and dynamics will help to maximize effective services in the legal system for unmarried couples.     

PARENTING COORDINATION (PC) PRACTICE: A SURVEY OF EXPERIENCED PROFESSIONALS

This study summarizes a survey of experienced North American parenting coordinators (PCs). The survey was modeled after a similar seminal study of child custody evaluators ( Keilen & Bloom, 1986 ) and seeks to establish a similar baseline standard in alternative dispute resolution (ADR) court‐sanctioned PC practices. Results reveal that PC is being practiced across North America by highly experienced practitioners that are multidisciplinary across legal and mental health professions who work by court order. These PCs work with a specific written PC agreement that specifies basis of authority, scope of authority, terms of service, retainer/fees, and grievance procedures. Results characterize PC as an increasingly established hybrid ADR court‐sanctioned role that is effective precisely because of accessibility to families, the unique knowledge base of the family law professional concerning the dynamics of divorcing families, and the court‐granted authority to help families resolve disputes that are generally more familial and psychological than legal in nature.     

Iaals' Honoring Families Initiative: Courts and Communities Helping Families in Transition Arising from Separation or Divorce

• It is time for a national dialogue about the feasibility of creating out‐of‐court alternatives for separating and divorcing families.
• Research indicates that separating parents who provide their children with consistency, emotional support, and low conflict help children successfully adapt in the transition process.

     

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.     

HELPING CHILDREN SUCCEED AFTER DIVORCE

In an effort to prevent some of the well-documented problems that occur in children and families undergoing divorce, a parent education program, Helping children Succeed After Divorce, was developed and mandated by a domestic relations court in a major metropolitan area. The purpose of the parent seminar is to educate divorcing parents about the effects of divorce and continued conflict on their children and to specify concrete actions that divorcing parents can take to help their children. The seminar's intent is to prevent long-term emotional, social, and academic problems among children of divorce. This article addresses the development, operation, and preliminary evaluation results of this psychoeducational program for divorcing parents.     

DIVORCING FAMILIES WITH YOUNG CHILDREN IN THE COURT'S FAMILY SERVICES UNIT Profiles and Impact of Services

Little is known about the families being served by court support services, or the effectiveness of the services provided. This study investigates 137 higher conflict, divorcing families with young children, who received services from the Family Services division. The study utilizes questionnaire data filled out by family services clinicians. The families presented with multiple mental health needs, including allegations of substance use and physical, emotional and sexual abuses of spouses and, to a lesser extent, children. Results detailed evaluation outcomes pertaining to joint legal and physical custody, showing an increase in joint legal custody, with little difference in physical custody arrangements. Evaluators did encourage less parental dropout. The data also profiled parents least likely to attend mandatory parenting education, accept evaluators' recommendations, and settle their case with mediation assistance. Identifying these families early can help family services clinicians track families into individualized service plans as needed.     

Notice inviting applications for new award for fiscal year 1999. The Office of the Assistant Secretary for Planning and Evaluation (ASPE), DHHS

The Office of the Assistant Secretary for Planning and Evaluation (ASPE) announces the availability of funds and invites applications for research into the status of applicants and potential applicants to the Temporary Assistance to Needy Families (TANF) program, individuals and families entering the TANF caseload, and individuals and families who leave TANF. Approximately four to six States or large counties will receive funding that will enable them to monitor and conduct research into the progress of individuals who apply for TANF benefits and their families. ASPE is particularly interested in targeting those applicants who apply for cash assistance but are never enrolled because of non-financial eligibility requirements, participation in up-front job search or other diversion programs, or failure to complete the application process. Proposed studies of new entrants onto the TANF program and of individuals leaving welfare also will be given consideration. Research topics could fall into the broad categories of employment and earnings, participation in government assistance programs, and child and family well-being. Grant applicants may choose any method for their proposed studies, including the linking of administrative data, surveys, or other methods as appropriate. The funds could either support a newly designed project or could be used to add new data sources and analyses to an existing project.     

Telemedicine--the diagnostic tool of the future

The most immediate concern in the development of telemedicine programs, technology, and equipment is the continuation of federal funding. As Congress continues its efforts to balance this year's federal budget, funds for research generally and particularly for the pilot programs discussed above could be cut or eliminated. Federal funding is surprisingly important to the rapid maturation of telemedicine. Without these pilot projects, HCFA believes that it would be unable to assess the effect of Medicare reimbursement for telemedicine consultations. Without such assessment, HCFA may be unwilling to relax the current restrictions on reimbursement for telemedicine outside of pilot programs. HMOs and third-party payors would then be less likely to support telemedicine programs and reimburse providers who participate in them. Similarly, without the promise of federal or private reimbursement, the telecommunications industry will find it harder to justify continuing research and development in new technologies. Nonetheless, even a complete elimination of all federal research monies is likely only to slow the growth of telemedicine, not stop it.     

PARENT EDUCATION IN THE DOMESTIC RELATIONS COURT

This multisite assessment of five, court-affiliated parent education programs incorporates information from 3,000 exit surveys by attendees, 602 telephone interviews with willing parents six months later, comparisons with 145 divorcing parents who did not attend a program, and reviews of court activity. Parents report high levels of satisfaction with the programs and credit them with helping to sensitize them to their children's needs and making visitation more successful and enjoyable. Although attendees report better compliance with divorce decrees, comparable proportions of parents in treatment and comparison groups report conflict over child custody and access, and a review of court files shows identical litigation patterns for both groups over a four-year period of time .     

HOW EFFECTIVE ARE COURT‐AFFILIATED DIVORCING PARENTS EDUCATION PROGRAMS? A META‐ANALYTIC STUDY

In this meta‐analytic study, we looked at all empirical studies that examined the effectiveness of court‐affiliated divorcing parents education programs (DPEs). Overall, we found that DPEs were generally effective. Nineteen studies with a DPE treatment group and no‐treatment control group had an overall significant moderate positive effect (d= .39); those who participated in DPEs were about 50% better off in terms of program outcomes compared to those who did not participate. The studies examined five specific outcomes: co‐parenting conflict, parent‐child relationships, child well‐being, parent well‐being, and relitigation; with most of these specific outcomes we found significant moderate effects ranging from d= .19–.61. However, there were important methodological limitations in this body of research, which are discussed. While more research is needed to confirm the positive potential of DPEs, we probably know enough to justify continuing and even increasing support for this recent social policy innovation.