Impasse-directed mediation with high conflict families in custody disputes

In this article we review current mediation models for resolving custody and visitation disputes and their success rates and identify the characteristics of a subpopulation with poor outcome: those parents who are in high conflict, ambivalent about separation, emotionally distressed, and limited in their capacity to protect their children. Based on an understanding of what creates impasses, and how children are affected, we present a new model of mediation for this subpopulation. Preliminary outcome data using this model with 80 families is reported. Implications for establishing a network of services for divorcing families are discussed.     

Predictors of Engagement in Family Mediation and Outcomes for Families that Fail to Engage

An important limitation to the effectiveness of family mediation in assisting separated parents is parents failing to engage in the mediation process. In 524 parents who presented to a telephone‐based mediation service, 113 (22%) initiating parents withdrew from mediation before the other parent was invited to participate, 241 (46%) initiating parents had respondent parents who declined to participate in mediation, and 170 cases (33%) completed mediation. We tested whether socio‐demographic variables, psychological distress, coparental acrimony, parenting problems, or children's behavioral difficulties predicted mediation engagement. High interparental acrimony predicted failure to engage in mediation, but none of the other variables predicted mediation engagement. We followed a sample of 131 families that did not mediate and found they showed elevated psychological distress, acrimony, parenting problems and child adjustment difficulties, which remained unchanged 6 months later. Further research is needed to explore strategies to enhance respondent parent engagement with mediation, and to address the negative outcomes for those separated families not proceeding with mediation.     

MMPI-2 validity scales in child custody evaluations: clinical versus statistical significance

The MMPI-2 is commonly used in the psychological assessment of parents within child custody evaluations. Due to the interface of mental health practitioners with non-mental-health professionals in the context of child custody cases, careful attention must be paid to the potential misunderstanding or misuse of data from psychological testing. While traditional clinical lore has maintained an expectation of clinically significant defensiveness on the MMPI-2 with this population, the research data does not support this view. Despite empirical findings that identify patterns of elevations on the MMPI-2 validity scales with parents involved in child custody disputes, these patterns have been demonstrated to reach statistical but not clinical significance. That is, MMPI-2 profiles that contain elevations on scales L or K that either invalidate or notably suppress clinical scales are not to be expected in the child custody population. False causal attributions contributing to the potential mischaracterization or loss of important data related to personality functioning within this population are identified and discussed. Potential dangers associated with such false causal attributions are reviewed.     

Discriminant function analysis of faces III and family satisfaction questionnaires to predict outcome in divorce mediation

Abstract

To identify systemic family characteristics that predict failure in child custody and visitation mediation, the item-by-item responses of 156 divorcing spouses on the FACES III and Family Satisfaction questionnaires were subjected to discriminant function analysis. This produced two theoretically relevant functions, one (adaptability) being statistically significant and the other (cohesion) not, but both supporting present thinking in the literature that high levels of adaptability and cohesion in a family system are detrimental to mediation.     

A follow-up of families disputing child custody/access: Assessment,settlement, and family relationship outcomes

In this pilot study, 49 parents who had been involved in a custody and/or access assessment several years previously responded to a structured telephone survey. Information about eventual settlement processes, custody and access arrangements, satisfaction with the clinical assessment, children's adjustment, family relationships, and ongoing family problems was gathered an average of two and one half years after the assessment. Sole custody arrangements evidenced the greatest degree of stability from assessment to follow-up, while joint custody arrangements were more unstable. Visitation was not occurring for a substantial number of children (35%) at follow-up, even when it was recommended on a regular and frequent basis. Although parents reported little or no ongoing contact with their ex-spouse, they also reported continuing concerns and new problems with respect to the other parent or their children. The impact of this form of “parallel parenting” is discussed within the context of high-conflict, multiproblem families.     

Mediation and child custody issues in abusive relationships

Contested divorces and child custody cases have increased in number in recent years, and many have involved domestic violence. Victims of domestic violence need an informed legal system to help them achieve equitable settlements and safe arrangements. Two areas of concern presented in this article are mediation and joint custody. Professionals in the mental health, social service, criminal justice, and legal fields must understand the ramifications of joint custody and mediation in abusive relationships. The effects on the children and adults are discussed, and specific recommendations are presented for dealing with power and other issues in abusive relationships.     

Parents and divorce: Identifying the support network for decisions about custody

Abstract

The social support network of divorcing parents has been identified as an important factor in postdivorce adjustment. The present study examined the social resources accessed by parents regarding issues of custody and visitation. Parents' evaluation of and interest in participating in four types of custody-related interventions (workshops, mediation, professional evaluation, and arbitration) were also examined. The findings and their implications for clinical practice suggest some major shifts in the provision of services for divorcing families.     

Family law issues in family therapy practice

Abstract

The American Journal of Family Therapy is pleased to innaugurate this new section with the intent of being at the cutting edge of the interface of the interrelationship of family law and family therapy. We introduce this endeavor with several articles on child custody-an arena of crucial concern in both disciplines. One article is a summary of child custody laws extant throu hout the United States. to commend it psychologically and legally. The third item, in keeping with the theme, is a speculative fable about joint custody written by a matrimonial attorney who practices family mediation and who has training as a family therapist. It captures the tenor of the times. The second article discusses a model for child custody ev a f uations, which has much     

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.     

Joint custody: A blind leap of faith?

This article examines the social, historical, empirical, and legal issues surrounding the concept of joint custody which has now been accepted in over half of the states. Early results in joint custody states suggest that joint custody awards prove satisfactory to parents and children provided that the parents are able to cooperate in childrearing activities and that they live in close geographic proximity. General recommendations and guidelines for joint custody are presented.     

Joint custody and the preschool child

A longitudinal study of 25 families, with children aged 14 months-5 years, in joint custody, is reported. Varying motivations that lead divorcing parents to undertake and sustain joint custody are discussed, together with the stresses and gratifications of these arrangements for the parents and children. Findings are that where both parents are motivated primarily by interest in the child, where the parenting is sensitive and where the child is shielded from interparental conflict, young children do well. Such families were not the majority in this study. Significant differences emerged in the adjustment of the 1–3 age group as compared with the 3–5 age group which point to greater difficulties for the 3–5-year-olds.     

Joint Custody: Parental Problems and Satisfactions

Joint custody, the total care of children by each parent part of the time, enables both parents to be "custodial" parents after divorce. Increasingly it has become a solution to custody problems, allowing both parents major involvement in their childrens' lives as well as freedom for themselves. This research addresses joint custody from the parents' perspective, exploring the salient issues. The problems and satisfactions are discussed, and the sex differences are highlighted.     

The Dialogical Subject and its Multiple and Opposing Positions

The aim of our study is to describe how the voices of others constitute the dialogical subject: an individual who is not closed off from others, but is, rather, characterized by intersubjectivity and a plurality of positions in connection with those of others. Analysis of ten semi-structured interviews carried out on members of an association supporting the right of fathers to joint custody of children shows that interviewees employed a wide variety of voices – voices in support of shared custody, but also voices which opposed it. While they most often identified with and assumed voices in favor of joint custody, they also did so with voices expressing opposing positions. Our results belie the common expectation that individuals who are committed to a cause will not be open to the opinions of others, and are incapable of seeing the world from others’ points of view.     

Children's and Parents’ Well‐Being in Joint Physical Custody: A Literature Review

Joint physical custody (JPC), a parental care arrangement in which a child lives with each parent for at least 25–50% of the time after separation or divorce, is increasingly common in many Western societies. This is a major shift from the standard of sole physical custody, with mostly mothers providing primary childcare after a parental separation or divorce. The increasing share of separated or divorced parents who practice JPC, which in some countries, US states, and regions reaches 30% and more, results from increasing gender equality due to mothers participating considerably in the labor force and fathers being actively involved in their children's daily lives. This review focuses on the effects of JPC on children's and parents’ well‐being, based on 40 studies from North America, Australia, and Europe published between 2007 and 2018. In sum, there is empirical evidence from different countries that suggests that JPC arrangements can have positive effects on the well‐being of children and of parents. However, the existing studies are conceptually, methodologically, and contextually very heterogeneous. In addition, self‐selected highly educated parents with a high socio‐economic status, a low conflict level, and children between the ages of 6–15 practicing JPC dominate the samples. Thus, the risks and benefits of JPC are not clear yet and are heavily debated by advocates and academics. The review concludes with suggestions for future research.     

Guiding Young Children’s Digital Media Use: SES-Differences in Mediation Concerns and Competence

Previous research about parents’ mediation of their young children’s (digital) media use has predominantly focused on the different types, determinants, and effectiveness of parental mediation strategies. Although research on parents’ perceived mediation concerns and competences is scarce, it is known that, compared to mothers and high-educated parents, fathers and low-educated parents experience greater insecurity (i.e., higher concern and lower competence) when applying media mediation. Based on Bourdieu’s theory of social capital it may be expected that—in addition to educational level—marital status and family income predict parents’ perceived mediation concerns and competences: Family demographics may predict parents’ media proficiency and adoption of new media technologies and these media ecological factors may, in turn, affect perceived concerns and competences. To test this assumption, survey data were collected among 1029 parents of children between the ages of 1 to 9 years. We found that parents’ basic media proficiency was lower in low income, low educated, and single-parent families, whereas parents’ advanced media proficiency was only lower in low educated and single-parent families. As expected, parents’ ease of active co-use was positively associated with parents’ basic proficiency, ease of restrictive mediation by basic and advanced proficiency, and ease of imposing technical restrictions by advanced media proficiency. Parents’ perceived mediation concerns were, however, unrelated to parents’ media proficiency. Also, as expected, low educated parents were less inclined to adopt new media technologies. Adoption of new media was negatively related to perceived mediation concerns, yet did not predict parents’ perceived competence.     

Do parents’ collectivistic tendency and attitudes toward filial piety facilitate autonomous motivation among young Chinese adolescents?

The present study investigates the association of Chinese parents’ collectivistic tendency, attitudes towards filial piety (i.e., children respecting and caring for parents (RCP) and children protecting and upholding honor for parents (PUHP)), parenting behaviors (i.e., autonomy granting (AG) and psychological control (PC)) with young adolescents’ autonomous motivation. Participants were 321 Chinese parents and their eighth-grade children who independently completed a set of surveys. Results showed that parents' collectivistic tendency indirectly and positively contributes to children's autonomous motivation through the mediation of AG and PC, respectively. Parents' attitude toward RCP has an indirect and positive contribution to children's autonomy motivation through the mediation of AG while parents' attitude toward PUHP shows an indirect and negative contribution to children's autonomous motivation through the mediation of PC. The findings suggest that different cultural emphases in collectivist-based societies play different roles in adolescents’ autonomy development. The implications of the findings are discussed.     

Decoupling Marriage and Parenting

This article argues for separating the institutions of marriage and parenting, conceptually and legally. Marriage is neither necessary nor adequate for fostering cooperative and stable co‐parenting. Because promoting marriage fails to protect all children, the state should develop a more suitable formal mechanism whereby co‐parents can commit to cooperate in good faith in order to best serve the interests of their children. Like civil marriage, many of the terms of these contracts are aspirational and not enforceable, though they can guide arrangements for custody and financial support. Co‐parenting agreements need not be limited to two parents, nor need they be limited to legal parents, but can include de facto parents, such as stepparents, foster parents, and other support parents. One important aim of these agreements is to recognise and support the valuable work that married or unmarried co‐parents perform, and to protect the parental rights of caregivers in different kinds of situations.     

Custody and Access Evaluations: Issues for Mental Health Professionals Conducting Assessments withMentally Disordered or Mentally Retarded Parents

Mental health professionals are increasingly beingcalled upon by the courts to offer their expertise inchild custody and access disputes. This paperaddresses the specialized role mental healthprofessionals have in custody and access hearings,particularly in cases wherein one or both parents havereceived a mental diagnosis (i.e., of mental disorderor mental retardation). The focus upon thispopulation of parents is warranted, as there is adearth of both empirical literature and professionalguidelines to provide direction to the mental healthprofessional that is offering his or her expertise tothe court regarding these parents. Additionally,there are specific issues that the mental healthprofessional needs to remain cognizant of, above andbeyond general issues associated with conductingcustody and access assessments, when conductingassessments on parents with mental diagnoses. Theliterature on the parenting behaviors and risk ofchild abuse and neglect associated with mentallydisordered and mentally retarded parents is reviewed,and the limitations in our empirical knowledge ofthese areas are highlighted. Recommendations formental health professionals conducting custodyevaluations in hearings where one or both parents havea mental diagnosis are provided.     

Shared Parenting Dysfunction

Joint custody of children is the most prevalent court ordered arrangement for families of divorce. The goal of joint custody is to provide children the benefit of both parents' involvement and influence in their lives. To achieve this goal, judges require parents to engage in shared parenting, where joint decision-making and co-operation are necessary. A growing body of literature indicates that many parents engage in behaviors that are incompatible with shared parenting. The present article provides specific criteria for a definition of Shared Parenting Dysfunction. Clinical aspects of the phenomenon are reviewed and directions for research are delineated.     

MMPI-2 Findings of Primitive Defenses in Alienating Parents

To test the involvement of primitive defenses in Parental Alienation Syndrome (PAS), we collected 158 MMPI-2s from court ordered custody evaluations from 7 forensic psychology practices; 76 were PAS cases and 82 were custody cases without PAS (controls). We used two MMPI-2 indexes to measure primitive defenses: L + K ? F and (L + Pa + Sc) ? (Hy + Pt). We found that mothers and fathers who were alienators had higher (clinical range) scores indicating primitive defenses such as splitting and projective identification, than control mothers and fathers (normal range scores) in both our indexes. Target parents were mostly similar to the control parents. The results showed strong support for Gardner's definition of PAS.