An evaluative study of the role of the grandparent in the best interests of the child

Abstract

Most custody decisions are made in courts hewing to the concept “the best interests of the child. “Most professionals agree that children suffer from a fractured family situation; they disagree on the degree to which children suffer at various stages of growth and development. There is a lack of agreement as to what constitutes a child's best interests. Recent research suggests that grandparents may play a very significant role in the entire life cycle of children. The legal position of grandparents in custodial matters remains somewhat ambiguous. Recently legislation has granted grandparents the right to seek visitation. This represents an awareness on the part of the court that grandparents and grandparenting may be a significant factor in actualizing the best interests of the child.     

Innovative Approaches to Child Custody and Domestic Violence in New Zealand

Summary

In 1995, as part of a major review of domestic violence law, the New Zealand Parliament amended the legislation under which disputes about custody of and access to children are determined by the Court. Specifically, the amendment introduced a rebuttable presumption that a parent who had used violence against a child or against the other parent would not have custody of, or unsupervised access to the child unless the Court could be satisfied that the child would be safe during visitation arrangements. Three years after the implementation of this legislation, it is timely to reflect on the impact of this major domestic violence law reform initiative. Our findings indicate that there are indeed advances. Psychological violence is now clearly being considered when Courts are assessing the issue of children's safety. As well, the delineation of mandatory risk assessment factors has led many judges to see a continuum of power and control tactics as relevant in domestic violence related visitation proceedings; the previous emphasis on physical violence has given way to an analysis which more closely reflects accords with women's and children's realities of the abuse they are exposed to. Some of the old problems continue to exist despite the law changes. There are still recent cases where perpetrators of serious violence are awarded unsupervised access and where their violence continues to be construed as “out of character,” arising because of the perpetrator's “despair” about the breakdown of his relationship. These and other issues are discussed.     

SOCIAL COMMUNICATIVE ANXIETY AND THE PERSONNEL SELECTION PROCESS: TESTING THE SIMILARITY EFFECT IN SELECTION DECISIONS

Three studies tested competing predictions about the role of similarity in personnel selection decisions. Previous research suggests a significant role for applicant-selector similarity in the determination of selection decisions. Applicants who are similar to selectors are evaluated, by selectors, more positively than dissimilar applicants. The current investigations found that when the object of similarity is the applicant's and selector's level of anxiety, this relationship fails to appear. Regardless of the selector's own level of anxiety, the high anxious applicant is less positively evaluated than the low anxious one. This effect appears even when the communication demands of the position are specified.     

Consumer decisions in relationships

Most research on consumer choice assumes that decisions are usually made by individuals, and that these decisions are based on an individual's personal attitudes, beliefs, and preferences. Yet, much consumer behavior—from joint decisions to individual choices—is directly or indirectly shaped by people with whom we have some relationship. In this target article, we examine how each member in a relationship can affect how consumer decisions are made. After reviewing foundational work in the area, we introduce a powerful and statistically sophisticated methodology to study decisions within relationships—a dyadic framework of decision-making. We then discuss how the study of consumer decisions in relationships can be informed by different theories in the relationships field, including attachment, interdependence, social power, communal/exchange orientations, relationship norms, and evolutionary principles. By building on the seminal foundations of prior joint-decision making research with theories and methods from contemporary relationship science, we hope to facilitate the integration of the consumer and relationships literature to better understand and generate novel hypotheses about consumer decisions in relationships.     

Better to Decide Together: Shared Consumer Decision Making,Perceived Power,and Relationship Satisfaction

Shared consumer decisions, particularly those made with a relationship partner, can be very different from decisions that are made alone. Across multiple studies, we investigate how shared consumer decision making affects perceptions of power and relationship satisfaction. We integrate two streams of research to create a novel theory about consumer decision making and perceived power. Specifically, we suggest that shared consumer decision making combines two necessary components of power—an individual's influence over and a partner's engagement in the decision—and that these combined components drive power perceptions. In other words, individuals who relinquish some control and make a decision with their partner, ironically, perceive having greater power than if they had made the decision alone. We further find that shared decision making and greater perceived power lead to greater satisfaction with the relationship in which the decisions are made. By focusing on consumer decision making within relationships, the current research contributes to the literatures on decision making, social influences in consumer behavior, close relationships, consumer well-being, and power.     

Libertarianism and Free Determined Decisions

Free determined decisions are free decisions that are causally determined by the character of the agent. Robert Kane is a libertarian about free will who believes some of our free decisions are determined in this way. According to Kane, for a determined decision to be free it must proceed from the agent's character and the agent must have shaped that character through previous undetermined free decisions. In recent writings, Mark Balaguer has argued that human beings may well possess libertarian freedom, but he rejects Kane's view that free determined acts must proceed from a character that is constructed from prior undetermined free decisions. This essay explains Balaguer's argument for rejecting the Kanean view and critically responds to it in defense of Kane's position on free determined decisions.     

Children's living arrangements following separation and divorce: insights from empirical and clinical research

When parents separate, children typically enter into new living arrangements with each parent in a pattern determined most often by one or both parents or, failing private agreement, as a result of recommendations and decisions by lawyers, therapists, custody evaluators, or family courts. Most of these decisions have been based on cultural traditions and beliefs regarding postseparation parenting plans, visitation guidelines adopted within jurisdictions, unsubstantiated theory, and strongly held personal values and professional opinions, and have resulted since the 1960s in children spending most of their time with one residential parent and limited time with nonresident, or "visiting," parents. A large body of social science and child development research generated over the past three decades has identified factors associated with risk and resiliency of children after divorce. Such research remains largely unknown and untapped by parents and professionals making these crucial decisions about children's living arrangements. This article highlights empirical and clinical research that is relevant to the shape of children's living arrangements after separation, focusing first on what is known about living arrangements following divorce, what factors influence living arrangements for separated and divorced children, children's views about their living arrangements, and living arrangements associated with children's adjustment following divorce. Based on this research, it is argued that traditional visiting patterns and guidelines are, for the majority of children, outdated, unnecessarily rigid, and restrictive, and fail in both the short and long term to address their best interests. Research-based parenting plan models offering multiple options for living arrangements following separation and divorce more appropriately serve children's diverse developmental and psychological needs.     

Ethical Responsibilities in Child Custody Evaluations: Implications for Evaluation Methodology

Child custody evaluators frequently encounter 3 complex problems: (a) assessment of highly contested cases; (b) how to help the court, attorneys, and clients struggle with the ambiguity of the "best interest" standard; and (c) ethical issues in assessing the children's preferences for their primary custodial parent. The purpose of this article is to describe the methodological implications of recent custody evaluation guidelines and recent research. Recommendations include reliance on family-process oriented diagnostic approaches and functional assessment methods, use of evaluation methods in which relevant parties have an opportunity to state their views and rationale concerning the children's best interests, and understanding of the content areas relevant to assessing children's custodial preferences at different developmental levels.     

Activation and Use of Racial Stereotypes in Personnel Decisions: A Test of Two Theories1

This research tested contrasting predictions about activation and use of racial stereotypes in personnel decisions. Devine's (1989) theory' holds that stereotyped inferences should be apparent when decisions are time constrained and judges have little opportunity to suppress automatically activated stereotypes. Gilbert & Hixon's (1991) busy-ness model implies that stereotypes are unlikely to be activated and to influence the decisions of judges unless these decisions are not time-constrained. Participants were allowed 90 s or 180 s to evaluate Black and White candidates for football managerial positions requiring aggressiveness (linebacker coach) or cognitive prowess (general manager). Only when decisions were not time constrained did participants show stereotyped judgments by favoring Whites for the general manager's position and overranking Blacks for linebacker coach. This pattern was consistent with Gilbert & Hixon's busy-ness model and contrary to Devine's theory of automatically activated stereotypes.     

The Relationship Between Caregiver Capacity and Intensive Community Treatment for Children with a Mental Health Crisis

We studied 9,220 children referred to a comprehensive mental health crisis stabilization program to examine the impact of caregiver capacity on crisis worker decisions to refer children for intensive community-based treatment as opposed to inpatient psychiatric hospitalization. Due to the different role of caregivers in the child welfare system, analyses were stratified by state custody status. Among both groups, there was a significant inverse association between child mental health need and referral to intensive community-based treatment. For children not in state custody with low mental health need, there was no difference in the likelihood of referral to intensive community-based treatment across levels of caregiver capacity. However, for children not in state custody with medium and high mental health needs, those whose caregivers were deficient or severely deficient were significantly more likely to be referred for intensive community-based treatment than were those who had capable caregivers. Multivariate analyses demonstrated similar results after controlling for potential confounding variables and confirmed that caregiver capacity contributes significantly to the logistic model’s classification accuracy. Results suggest further investigation of the impact of caregiver capacity on mental health crisis worker referral decisions is needed.     

Personality Assessment and Children: A Critical Appraisal and Emerging Trends

An analysis of the criticisms of children's personality assessment and a discussion of emerging trends are offered in this review. A distinction is made between the assessment of personal and social functioning, implicit in all educational decisions, and the use of personality tests and techniques. It is noted that personality research has not been directly concerned with the professional practice issues inherent in children's personality assessment. Finally, guidelines for personality assessment are offered.     

The role of self‐esteem and anxiety in decision making for self versus others in relationships

Previous research has documented a tendency for people to make more risk‐seeking decisions for others than for themselves in relationship scenarios. Two experiments investigated whether this self–other difference is moderated by participants' self‐esteem and anxiety levels. In Experiment 1, lower self‐esteem and higher anxiety levels were associated with more risk‐averse choices for personal decisions but not for decisions for others. Therefore, participants with lower self‐esteem/higher anxiety showed greater self–other differences in comparison to participants with higher self‐esteem/lower anxiety levels. Experiment 2 demonstrated that this effect was largely mediated by participants' expectations of success and feelings about potential negative outcomes. These results are discussed in the context of “threats to the self,” with a central role played by anxiety and self‐esteem threats in personal decision making but not in decision making for others. Copyright © 2005 John Wiley & Sons, Ltd.     

The elusive goal of informed consent by adolescents

While parents have traditionally provided proxy consent for minors to participate in research, this has proven inadequate for adolescents who are mentally and emotionally capable of making their own decisions. Research has proven that even young children, and certainly most adolescents, are developmentally prepared to make such decisions for themselves. The author challenges the assumption that both consent and assent are static concepts, and proposes that a sliding scale of competence be created to ascertain the adolescent's comprehension of the proposed research by shifting the burden of proof to those who believe a particular adolescent is unable to provide informed consent.     

Bridging the gap between joint and individual decisions: Deconstructing preferences in relationships

Most choice research has studied how people make decisions within a narrowly defined choice context and has not paid sufficient attention to the role of social context. We commend Simpson, Griskevicius, and Rothman for directing the attention of choice researchers to the study of joint decision making and current theories on relationships. Building on SGR, we propose that a relationship partner's influence varies with the type of decision at hand and with situational factors. We propose four possible types of decision episodes, defined by whether the decision stage and the consumption stage each occur singly or jointly, and explore how the decision type impacts the extent to which a decision maker will take a partner's preferences into account. We further discuss how situational factors, such as the environment in which the decision is made, as well as the mindset and cognitive resources of the decision maker, are likely to influence decision outcomes.     

APPLIED BEHAVIOR ANALYSIS AND STATISTICAL PROCESS CONTROL?

This paper examines Pfadt and Wheeler's (1995) suggestions that the methods of statistical process control (SPC) be incorporated into applied behavior analysis. The research strategies of SPC are examined and compared to those of applied behavior analysis. I argue that the statistical methods that are a part of SPC would likely reduce applied behavior analysts' intimate contacts with the problems with which they deal and would, therefore, likely yield poor treatment and research decisions. Examples of these kinds of results and decisions are drawn from the cases and data Pfadt and Wheeler present. This paper also describes and clarifies many common misconceptions about SPC, including W. Edwards Deming's involvement in its development, its relationship to total quality management, and its confusion with various other methods designed to detect sources of unwanted variability.     

Women with Children in Violent Relationships

Summary

Custody issues for battered women means continuing involvement with a violent, abusive, intimidating partner. This article explores the continuing power and control dynamics of the domestic violence relationship after the woman with children leaves, and presents some preliminary findings. The custody of the children, visitation and financial arrangements often become the basis of terrorism as the man attempts to continue to control the woman's behavior with threats against the children. Fear of losing her children may force a woman to stay in a violent relationship, or return in spite of danger to her children and herself. On the other hand, the history of violence may make it difficult for the mother to cooperate with the court orders regarding joint custody or visitation even when safety appears not to be an issue. It is important for professionals working with children of violent families to understand the continuing effects of domestic violence after separation in order to provide assistance to children “caught in the middle” in custody disputes.     

Child custody in historical perspective: A study of changing social perceptions of divorce and child custody in Anglo-American law

The history of divorce law in England and America shows that child custody decisions have tended to be made on the basis of social biases about the nature of men and women, rather than on the basis of the competence of the individual parents or of the best interests of the children. This article traces the history of divorce law with particular attention to child custody from twelfth century England to modern America. The historical flipflop from paternal custody to maternal custody is documented, and the assumptions underlying the prejudices toward paternal and maternal custody are reviewed and compared. Joint custody, when possible, provides a solution to the custody problem. However, sexual stereotypes provide no substitute for meticulous fact-finding when parents cannot agree.     

Negotiating religion in everyday life: A critical exploration of the relationship between religion,choices and behaviour

One of the characteristics most often associated with religion is that it is a discrete source of value that shapes people's attitudes and behaviour. In some cases, these values may be negative such as submission or violence; in other cases, religion is seen to promote positive values such as charity and social justice. In recent years, the international development community has reawakened an interest in religion, and has directly embraced the assumption that religion is foundational of people's values, seeking how best to tap into the potential positive values while mitigating against the more negative values. This paper critically explores the assumptions behind this approach. It argues that there is no straightforward relationship between belonging to a religion and the values which inform one's actions and decisions. Drawing on fieldwork research from India, the paper shows that it is impossible to disentangle religion from its interaction with the social, economic and political contexts in which it is lived. The paper concludes by deriving some implications of this for the way the international development community engages with religion.     

Gender stereotypes underlie child custody decisions

Using hypothetical divorce cases we examine the role of gender stereotypes in decisions about child custody. Good mothers received greater custody allocations than did good fathers across a tightly matched pair of vignettes in three culturally distinct samples: Argentina, Brazil, and the United States (Study 1). Two follow-up studies indicated that the warmth dimension of stereotype content partly accounted for the asymmetry in custody awards: The proportion of maternal-primary custody was predicted by the tendency to ascribe warmth-related traits—such as friendliness, generosity, or trustworthiness—to mothers (Study 2) and associate them with female over male nouns (Study 3). We also found that endorsing shared custody mitigated the asymmetry in custody awards documented in our studies. Together, these results highlight the interplay of stereotyped attitudes and egalitarian commitments in the context of judicial decisions about child custody.