Parenting Plans for Special Needs Children: Applying a Risk‐Assessment Model

Family courts are seeing an increasing number of separating or divorced families who have a special needs child. These cases present complex challenges for family law professionals charged with crafting parenting plans based on best interests standards. For many of these children, the typical developmentally based custodial arrangements may not be suitable, given the child's specific symptoms and treatment needs. We present a model for understanding how the general and specific needs of these children, as well as the demands on parents, can be assessed and understood in the context of divorce. This includes an analysis of risk and protective factors that inform timeshare and custodial recommendations and determinations. The risk assessment model is then applied to three of the most commonly occurring childhood neurodevelopmental and psychiatric disorders likely to be encountered in family court, namely, attention deficit/hyperactivity disorder, depressive disorders, and autistic spectrum disorders.

Key Points for the Family Court Community
• There has been a dramatic rise in the population of children with neurodevelopmental, psychiatric, and medical syndromes whose parents are disputing custody in the family courts.
• Family law professionals of all disciplines should develop a fundamental knowledge base about the most commonly seen special needs children in family court, such as those with neurodevelopmental conditions like autistic spectrum disorder, attention deficit/hyperactivity disorder, and severe depressive disorders (especially with teenagers), which may involve suicidal or self‐harming behaviors.
• Commonly recommended parenting plans may be inappropriate for many special needs children, as some function significantly below their chronological age and pose extreme behavioral challenges.
• A systematic analysis of risk and protective factors should inform timeshare arrangements and determinations with this varied population, including the safety of the child and severity of the disorder, parental commitment and availability to pursue medical, educational, and therapeutic services, the parental attunement and insightful about the problem, and the differential parenting skills of each parent.

     

Does Level of Intimate Partner Violence and Abuse Predict the Content of Family Mediation Agreements?

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.

     

Designing Heart‐Based Systems to Encourage Forgiveness and Reconciliation in Divorcing Families

Conflicts in intimate relationships are often accidental, occasional, and unique; yet they are also systemic, repetitive, and alike. For this reason, they are amenable to systemic analysis and resolution by altering them at their chronic sources and applying the preventative methodology of conflict resolution systems design. The central difficulties with using traditional forms of conflict resolution systems design in marriages, couples, and families are that they do not effectively address the emotional meaning or significance of the conflict within the relationship; are not grounded in the heart; and do not address the intimate, relational aspects of intimate, affective conflicts. Marriages and families are deeply sensitive, highly complex emotional relationships that require systems design methodologies that are profoundly informed by the heart. This article proposes a heart‐based systems design approach that includes forgiveness and reconciliation for use in marriages and families, including those that end in divorce.

Key Points for the Family Court Community:
• Conflicts in intimate relationships are accidental, occasional, and unique; yet they are also systemic, repetitive, and alike.
• Marriages and families are deeply sensitive, highly complex emotional relationships that require systems design methodologies that are profoundly informed by the heart.
• It is possible to create a heart-based systems design approach to marital, family and divorce conflicts that includes forgiveness and reconciliation.

     

Homicide and serious sexual offences committed by children and young people: Findings from the literature and a serious case review

This article is based on the findings from a Part 8 Case Review (Serious Case Review) conducted by The Bridge Child Care Development Service, and the subsequent overview report entitled ‘Childhood Lost: A Part 8 Case Review Overview Report DM’ (2001). The review concerns the case of a young male aged 18 (DM) who was convicted for the rape and murder of a child aged 11 (WN). The article highlights the key themes that have emerged from the case review. These include the complex issue of predicting and managing risk; effective inter-agency collaboration in reducing the risk of serious sexual and violent offending in young people; and the provision of specialist residential treatment facilities for serious juvenile sexual offenders. The key issues are located within the broader context of contemporary literature and research. It is established that children and young people who commit homicide and other very serious offences are highly likely to have experienced multiple and severe traumatic events during childhood. In addition without appropriate intervention, children with persistent risk characteristics have a high likelihood of committing further acts of aggression and violence. The review into the case of DM recommends that there should be a national strategy for the management and treatment of serious juvenile sexual offenders, and other young offenders at significant risk of serious and violent offending.     

THE DIVIDED WORLD OF THE CHILD: DIVORCE AND LONG‐TERM PSYCHOSOCIAL ADJUSTMENT

This study evaluated the extent to which divorce creates the “divided world of the child,” as well as consequences of this “divided world” for long‐term adjustment. An ethnically diverse sample of 1,375 young‐adult university students completed retrospective measures of parental nurturance and involvement, and current measures of psychosocial adjustment and troubled ruminations about parents. Results indicated that reports of maternal and paternal nurturance and involvement were closely related in intact families but uncorrelated in divorced families. Across family forms, the total amount of nurturance or involvement received was positively associated with self‐esteem, purpose in life, life satisfaction, friendship quality and satisfaction, and academic performance; and negatively related to distress, romantic relationship problems, and troubled ruminations about parents. Mother‐father differences in nurturance and involvement showed a largely opposite set of relationships. Implications for family court practices are discussed.     

Development and Practical use of an Emotional Readiness Assessment for Support in Family Justice Processes

The ability to make effective co‐parenting agreements and reduce conflict following divorce depends on a person's emotional state or readiness. This article outlines OnePlusOne's development and piloting of an Emotional Readiness Assessment and subsequent digital tool, in collaboration with the University of Sheffield. It comprises a summary of a literature review to identify the key emotions experienced during separation and their influence on making effective childcare arrangements, item development derived from the review and expert consultation, feedback from separated parents regarding sources of support, practitioners’ feedback regarding the tool's feasibility, and concordance between mediator comments and clients’ scores on the tool. Ways of using this tool in practice and implications for further development are also discussed.     

Strengthening Coparenting Relationships to Improve Strained Parent–Child Relationships: A Follow‐Up Study of Parents’ Experiences of Attending the Overcoming Barriers Program

Several interventions have been developed to address children's resistance and/or refusal to have contact with a parent following separation and divorce. There remains little agreement about how best to evaluate the success of these approaches. To explore the experiences of parents in the Overcoming Barriers Program (OCB), an online survey was distributed to all previous participants. Of the 40 parents who completed the survey at least six months after attending OCB, findings suggest mixed results. Benefits of OCB were more pronounced when changes were made to the coparenting relationships. Improvements in the coparenting relationship were specifically related to children's spending more time with both parents and better parent–child outcomes postintervention. Findings suggest that both the quality of parent–child relationships and the time that the children spend with both parents are associated with reported improvements in the cooperative coparenting relationship as a result of attending OCB. Implications are discussed in terms of lessons learned for developing, delivering, and evaluating similar programs for strained parent–child relationships.     

Parental Battlefield: Divorcing Parents and the Treatment of Children with ADHD

Attention deficit hyperactivity disorder (ADHD) typically manifests as inattention, hyperactivity, and impulsivity among children, resulting in stimulant drug therapy. Children exposed to high‐stress situations, such as divorcing parents, are twice as likely to present with ADHD symptoms. Often these symptoms are a result of the stress and not truly ADHD. Additionally, parents in conflict frequently disagree about the appropriate diagnosis and treatment for their child, which leads to court disputes. Thus, this Note proposes a policy be implemented setting forth alternatives that must be exhausted for a period of time prior to administering stimulants to a child of divorce.