alienation: overview of workshop legal … new orleans 2009...legal and clinical interventions...
TRANSCRIPT
6/1/2009
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ALIENATION:
EFFECTIVE & INEFFECTIVE
LEGAL AND CLINICAL
INTERVENTIONS
Barbara Jo Fidler, Ph.D., C.Psych., AccFM
Linda Chodos, MSW, RSW
Mr. Justice Clifford Nelson
Jacqueline Vanbetlehem, MSW, RSW
AFCC New Orleans, 2009
OVERVIEW OF WORKSHOPslides available at www.familysolutions.ca
• Concepts, assessment and impact (Fidler)
• Legal and judicial perspective (Nelson)
• Remedies for mild and some moderate (Chodos)
– Court Orders and Treatment Contract
– Treatment Approaches
• Remedies for some moderate and severe (Vanbetlehem)
– Custody Reversal: Different Perspectives
– The Family Workshop (Rand and Warshak)
CONCEPTS, ASSESSMENT AND
IMPACT
Barbara Jo Fidler, Ph.D., C.Psych., AccFM
CHOCOLATES?
“High conflict/alienation families are like a box
of chocolates. You never know what your
going to get!”
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CHILDREN CAN REJECT/RESIST ONE
PARENT FOR MANY REASONS
• Relationships exist on a continuum (Kelly and Johnston):
– Affinity (preference, but not rejecting)– Alignments (consciously taking sides to
avoid loyalty conflict)– Estrangement (justified and often healthy
coping mechanism to trauma—realistic fears or anxiety caused by violence, abusive or neglectful parenting of RP
– Pathological or Irrational Alienation (unjustified due primarily to pressure of one parent)
Child’s
Response
Intense Marital
Conflict
Divorce Conflict
and Litigation
Aligned Professionals,
Extended Families
Personality of
Rejected Parent
Personality of
Aligned Parent
Humiliating
Separation
Child’s
Vulnerability
Aligned Parent’s
Negative Beliefs,
Behaviors
Rejected Parent’s
Reactions
Sibling
Relationships
Kelly and Johnston’s Multi-Factorial Model
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Definitions
• No longer use PAS (Gardner, Parental Alienation Syndrome)
• Parental Alienation is not considered by most as acceptable
• Kelly & Johnston: Alienated Child: “child who freely and persistently
expresses unreasonable negative feelings and beliefs (such as anger,
hatred, rejection, and/or fear) toward a parent that are
disproportionate to their actual experience of that parent”
• Warshak: Pathological or Irrational Alienation“a disturbance in which children, usually in the context of sharing a parent’s negative attitudes, suffer unreasonable aversion to a person or persons with whom they formerly enjoyed normal relationships or with whom they would normally develop affectionate relations”
ASSESSMENT
• Thorough assessment required
• Need to differentiate:
– Actual refusal (alienation) from lesser
forms of: resistance/reluctance (affinity,
alignment, etc.)
THEN
– Irrational (Pathological) Alienation from
Realistic Estrangement
MIXED CASES COMMOM
• “Kernel of truth”
• May be some abuse/poor parenting by RP
• May be counter rejecting behaviour, passivity, alternating of each by RP
• More the result of the alienating parents’ conduct—what they do AND don’t do
– e.g., “spin”, repeat negatives, embellish, “legends” kids come to believe (see work of Ceci et al.), failure to support relationship, exploit RP’s shortcomings
ASSESSMENT
• See Handout: Baker (2005a): Process and Strategies Used by Alienating Parent
• See Handout: Clawar & Rivlin (1991-700 cases): 8 Stages of Programming
– Process of Severe Alienation (Next Slide)
• See Handout: Table 15 (from Fidler et al., 2008)
– List of behaviours commonly exhibited by favoured/alienating parent; child and alienated/favoured parent
• See Handout: Selected Reading List
CLINICAL OBSERVATIONS &
PRELIMINARY FINDINGS (Johnston et al.)
• Alienating behaviour (denigration) in high
conflict separated couples is virtually the
norm by both parents– Yet many children do not become alienated--age,
gender, sibling role affect, vulnerability (special needs)
• Role reversal + alienating behavior highly r’d• Aligned parent’s warm/involved
(overprotective) parenting predicts rejecting behaviour by child
• Abusive and alienating behaviour related
ASSESSMENT
• Assess nature and degree of alienation
– Determined by extent to which alienating
behaviour by AP successfully manifest in child
• Intervention dependent on degree- mild, moderate
or severe
• Assess effect of previous interventions
– Often, our attempted “solutions” become the
problem
– Don’t try what has already failed
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THE ASSESSMENT REPORT-
CONSIDER:
• How the assessment findings will be delivered?
• The appropriateness of a disclosure meeting?
• The possibility of an iatrogenic effect?
• The inevitable lag between the delivery of the assessment report and court hearing?
• Recommending definite timelines?
• Recommending custody reversal if parenting time and treatment does not commence immediately?
NEGATIVE EFFECTS
What are the negative impacts on children and adult children?
Do the potential negative effects warrant mandatory reporting to child protection agencies?
NEGATIVE EFFECTS ON CHILDREN
• Irrational (Pathological ) alienation = psychologically abusive
– denigration of loved adult is emotionally harmful to child’s self esteem, well being
– loyalty conflict is emotionally harmful to child
– most kids want relationships with both parents (and extended families) (and often/even with abusive parents); grieve over what they missed
• 6 types of psychological maltreatment (Rand):
• rejecting ; terrorizing; ignoring; corrupting; interference
with social competence and self esteem
NEGATIVE EFFECTS ON CHILDREN
Johnston et al.• Loss of half their family (aunts/uncles,
grandparents, ext. family, cousins)• Psychological control, intrusive parenting (child
development literature, not divorce lit per se)• Feel guilty• Self hatred, self esteem issues—parent didn’t
care about them, abandoned them• Enmeshed relationship (folie a deux) with FP
• Inability to develop and sustain healthy relationships (lacking in empathy, tolerance, give and take)
• Information processing problems
NEGATIVE EFFECTS ON CHILDREN
Johnston et al.
• Behavioural effects: aggression, conduct disorders, poor impulse control
• Anti-social behaviour (e.g., lack of regard for authority, social rules, deceitful)
• Emotional construction, passivity, dependency
• No shame or guilt
• Inability to delay gratification
NEGATIVE EFFECT ON ADULTS ALIENATED AS
CHILDREN (BAKER, 2007)
• Depression, substance abuse, alienation from own children, conflict with AP
• Guilt for abandoning younger sibs
• Low self esteem, feel unworthy, internalize negatives of rejected parent
• Secretly wished someone would have figured it out, knew they were not telling the truth, called their bluff
• Other studies: retrospectively adults wished they had more time with NCP; angry at mothers
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EARLY INTERVENTION IMPERATIVE
• Longer problem exists, harder it is to resolve
• “Cooling off” makes it worse
– delays reinforce phobic rejection by child
• Even if parent walks away (thought to be best
solution at the time) child still feels abandoned
etc.
– these feelings likely to impact possible
reconciliation at later time
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WHAT DO WE DO?
• Different interventions depending on the
nature and extent of the parent-child
contact problem
–Mild, moderate or severe
• Return to this after we hear from Justice
Nelson on legal approaches
Judicial Remedies to
Parental Alienation
Mr. Justice Clifford Nelson
May 2009
Overview
The Role of Courts
When Judicial Intervention May Be Sought
Types of Remedies / Orders
Enforcement of Orders
The Role of Courts
• Divorce Act, s. 16(10) (Canada): “the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.”
• Divorce Act, s. 16(6) (Canada): court has the authority to impose “terms, conditions or restrictions in connection therewith as it thinks fit and just.”
• Provincial legislation
When Judicial Intervention May Be
Sought
1. Case management: early intervention –
e.g. asked to order access, an assessment
or get the OCL involved
2. Motions: temporary orders for access, also
for an assessment or to get the OCL
involved
3. Trial: final orders
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Types of Remedies / Orders – Judicial Tools
• Involvement of OCL
• Assessment
• Counselling / Treatment
• Changing Access / Supervision of Access
• Police Enforcement
• Contempt
• Joint Custody / Parallel Parenting
• Remedy (Last Resort): Custody Reversal
Office of the Children’s Lawyer (OCL)
• Views about the role of a children’s lawyer vary
ON (OCL)
– Most extensive child representation program.
– Policy to be independent & have its own opinion on
the child’s views & preferences, & not just mimicking
back what the child says.
– Important in alienation cases to determine when
child’s wishes are a product of parental influence or
other factors.
Assessments
• Expensive ($10,000-$20,000), but may be government-funded in certain instances.
• Debate over the types of cases that should have assessments � clinical issues v. usefulness: see Ursic v. Ursic, [2006] O.J. No. 2178 at para. 33 (C.A.) (while assessments are at the discretion of the court, it may be an error to refuse to order one where such expert testimony would be of such use and need to the trial judge).
Example of Assessment Ordered on a
Motion
• Court could not say if alienation was the case
here, but could say that it would be assisted
by an assessment & thus ordered an
assessment, even though it was strenuously
opposed by the other parent (Stewart v.
Stewart, [2006] O.J. 5135 at paras. 9-10 (Sup.
Ct. J.) (QL)).
Counselling / Treatment
• Court may order a parent to provide a child
with counselling as part of the “terms,
conditions or restrictions” of a custody/access
order or as an “incident of the right to custody
or access”.
• Court’s authority to order parents into
counselling without their consent is more
debatable.
Counselling / Treatment• Custodial parent to have the sole authority/discretion to
pursue whatever remedy is necessary for a transition of
least conflict, including participation in the Family
Workshop for Alienated Children
− e.g. J.K.L. v. N.C.S., [2008] O.J. No. 2115 (Sup. Ct. J.) (QL);
Filaber v. Filaber, [2008] O.J. No. 4449 (Sup. Ct. J.) (QL));
A.G.L. v. K.B.D, [2009] O.J. No. 180 (Sup. Ct. J.) (QL).
− But see S.G.B. v. S.J.L., [2009] O.J. No. 515 (Sup. Ct. J.) (QL).
• But, counselling may not lead to reunification (e.g. El-
Murr v. Kiameh, 2006 ONCJ 125; McAlister v. Jenkins,
[2008] O.J. No. 2833 (Sup. Ct. J.) (QL)).
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Changing Access
• Detailed &/ progressive access schedule.
• Supervised access (alienated or aligned parent).
• Sometimes access will not be ordered or enforced if
not in the best interests of the child.
– e.g. no “forced” access to severely alienated father
(F.A.L.(F.) v. D.A.F., 2003 SKQB 132).
– e.g. no access to alienated father as understandable
reasons for fearing father & feeling rejected by him (Azimi
v. Mirzaei, [2007] O.J. No. 1208 (Sup. Ct. J.)).
– e.g. no access to aligned father (& restraining order against
him) (C.S. v. v. M.S., [2007] O.J. No. 787 (Sup. Ct. J.) (QL)).
Police Enforcement
• By legislation or inherent jurisdiction.
• Usually a history of non-compliance with
custody & access orders.
• Order of last resort as intrusive & may be
extremely distressing for the children.– e.g. order police enforcement of access in hopes that the
threat of police enforcement would ensure compliance
with the order (R.L.H. v. G.L.B., 2002 ABQB 302 at paras.
47-48).
Contempt Order
• The “big stick of civil litigation” and thus should be
“used sparingly and only in the most clear cut of
cases.” (Fisher v. Fisher, [2003] O.J. No. 976 at para.
11 (Sup. Ct. J.) (QL)).
• Restraint in family law context especially because
of “twin objectives” of protecting both the
interests of the children & the admin of justice –
“Children are better off it their parents are not in
jail or paying fines.” (Salloum v. Salloum, [1994] A.J.
No. 304 at para. 19 (Alta. Q.B.) (QL)).
Contempt Order
• Common attempted defence: child refusing contact. Some
courts impose a positive obligation for the custodial parent
to encourage the child to attend access visits (e.g. Cooper v.
Cooper, [2004] O.J. No. 5096 (Sup. Ct. J.) (QL)).
• A variety of orders may be made, including, but not limited
to the following:
– Adjournment of the contempt issue or the sentence on terms to
determine if compliance with the order will now be observed such
that the parent has the opportunity to purge his/her contempt.
– Make up or additional access for the other parent &/
reimbursement of access costs to the other parent.
– Costs &/ a fine or other monetary penalty.
Imposing Joint Custody
• Order of joint custody (from previous sole
custody) “took appropriate account of the risk
of alienation…yet protecting the child’s sense
of stability by not requiring him to leave his
lifelong home and family” (Cox v. Stephen,
[2003] O.J. No. 4371 at para. 3 (C.A.) (QL)).
• Caution in imposing joint custody on a
motion, although it has been done.
Remedy in the Extreme: Custody
Reversal
• Common to also order suspended or supervised
access for the previous custodial parent &/
transitional counselling to help the family adjust.
• Done on an interim motion with a clear assessment
(e.g. Pettenuzzo-Deschene v. Deschene, [2007] O.J.
3062 (Sup. Ct. J.) (QL)) or where there was a material
change in circumstances (e.g. C.M.B.E. v. D.J.E., 2006
NBCA 88).
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Remedy in the Extreme: Custody
Reversal
• Increasingly common in trial decisions.
– e.g. Anderson v. Anderson, 2005 NSSC 94: custody changed
incrementally over 2 months, with the children eventually
being placed permanently with their father.
– e.g. R.R.W.E.S.-V. v. S.E.D.V., 2008 BCSC 1136: principle
residence to father following mother’s frustration of access &
repeated allegations of father’s child abuse, which were
unfounded & negatively impacted her ability to parent the
children.
Remedy in the Extreme: Custody
Reversal (con’t)
• Increasingly common in trial decisions.
– e.g. J.K.L. v. N.C.S., [2008] O.J. No. 2115 (Sup. Ct. J.) (QL): severe
alienation by father, who had no perception of the damage he
was causing to his 13-year old son; custody changed to mother
– e.g. A.G.L. v. K.B.D, [2009] O.J. No. 180 (Sup. Ct. J.) (QL): severe
alienation by mother; custody changed to father, who provided
a plan for re-establishing the father-children relationships & no
evidence that he was not a capable, caring parent.
Remedy in the Extreme: Custody
Reversal
Appeal Courts• In ON, AB, MB, NB, and NS, appeal courts have upheld trial
decisions that found alienation and ordered a transfer of
custody.
• In BC, appeal court ordered custody reversal when it was in
the long-term best interests of the child, even though it
recognized the short-term distress from a transfer of custody
(A. (A.) v. A. (S.N.), 2007 BCCA 363 at paras. 26-28).
• Only in extremely severe cases of alienation & after a careful
consideration of all the circumstances.
Enforcement of Orders
• Some judges will remain seized of the alienation
issues for a specified or indefinite period of time.
• May order a supervision hearing or a case
conference to follow-up.
• Difficulty in enforcing, especially if an older child
resists.
• Giving up: in extreme cases, sometimes it is in the
best interests of the child to not enforce (recall
discussion of refusal to enforce access).
ROLE OF MENTAL HEALTH
PROFESSIONALSTREATMENT CONSIDERATIONS FOR
MILD AND SOME MODERATE CASES
Linda Chodos, MSW, [email protected]
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OVERVIEW: ESSENTIALS IN THE
THERAPIST’S TOOLBOX
1. Treatment Approaches for mild and
moderate cases
2. The Court order for treatment
3. The Parent-Child Contact Treatment
Program Agreement: order on
consent
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MILD AND MODERATE ALIENATION CASES
• Relates to the degree of the refusal and the reasons
• Mild: Relationship between parents is reasonably healthy, and access is occurring although transitions may be difficult
– Some programming by favoured parent
– Compliance with treatment by parents and child likely
• Often good to specify favoured parent retains custody-allays fear of loss (of custody)
• Moderate:
– Relationship between parents –strained communication
– High conflict separation
– Access sporadic or recently not occurring
TREATMENT APPROACHES FOR MILD/
MODERATE ALIENATION CASESFamily Systems Approach Necessary: Individual therapy for child alone contraindicated(also need therapist for family)
• Model A: One professional (no separate counsellor for child)– Therapist /case manager/coach (not PC) for entire family– Works with entire family in various combinations
• Model B: Two Professionals– Child has own therapist– Therapist/case manager/coach (not PC) for parents– Collaboration essential
• Model C: Two Professionals– Therapist for entire family-child and family– Decision-maker /PC
EXAMPLE OF X FAMILY
• 8 year old child: Parents separated 6 months ago
• Access refusal recent and sudden: Access occurring only with mother present (at child’s insistence)
• Parental relationship reasonably healthy, some separation related anger within normal limits
• Consensus that child’s relationship with father positive prior to separation
• Both parents supportive of normalizing child's time with father
• Parents need to understand their part
-Mom’s anger and its impact of child
-Dad’s emotionality and its impact on child
WHAT NEEDS TO ACCOMPANY THE
THERAPY?
• Court Order/ Parenting Plan highlights
- parents’ accountability function to the Court and
provides a monitoring function.
• Parent-Child Contact Treatment Program
Agreement: Order on Consent highlights
- parents’ commitment to therapeutic process
• Contract augments parenting Plan/Separation
agreement/ Court order
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HANDOUTS FOR YOUR EASY REFERENCE
1. Table 16 (from Fidler et al., 2008)
• Check-List: Court Order Requirements For
Intervention And Counselling
2. Sample Parent-Child Contact
Treatment Program Agreement
KEY ELEMENTS
PARENTING PLAN/COURT ORDER(1)
• Parenting Plan: The higher the conflict,
the greater the need for structured and
detailed parenting plan,
• Outlines each parent’s roles and
responsibilities, avoids ambiguity
• Goal to disengage parents
KEY ELEMENTS
PARENTING PLAN/COURT ORDER(2)
• Includes specific Order for parenting time
• Decision-maker or not?– Therapist implements Order for parenting time,
does NOT change it in any significant way
– Therapist is not assessor, does not make recommendations, does not arbitrate parenting time.
– Therapist may assist in implementing incremental schedule.
KEY ELEMENTS OF COUNSELLING
CONTRACT/ORDER (3)
CLEARLY STATED OBJECTIVES
• Stipulation: it IS in best interests of child to have
healthy relationship with both parents
-AND NOT just about restoring relationship with rejected parent
• “To implement previously agreed to, court-ordered parenting
time, foster healthy adjustment and relationships with both
parents; restore adequate parent functioning, parenting, and
roles; correct child’s distortions and replace with realistic
perceptions to reflect child’s actual experience with both
parents; assist child to differentiate self from others, become
autonomous, etc”
KEY ELEMENTS OF COUNSELLING
CONTRACT/ ORDER(4)
• Identify family members (ALL) required to participate
• Therapist has authority to determine who attends for counselling
• Identify team of professionals by name–How will they will be determined if
parents disagree• Identify roles/functions of professionals
Key Elements of Counselling
Contract/ Order(5)• Clarify limits of confidentiality: - Can therapists report to court? - Lines of communication/confidentiality
between therapist and family members - Open communication between therapist and
other professionals involved • Imperative: Court monitoring and
accountability function- non compliance (contempt) common• Warning for change /reversal of custody in the
event of non-compliance
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Key Elements of Counselling
Contract/ Order(6)• Duration of Service (# of months)– if no duration, outline termination process,
withdrawal from services, how new professional will be selected
• Neither parent may unilaterally withdraw from this
Agreement prior to the completion of the term.
• The therapist may resign any time she determines
the resignation to be in the best interests of the
child(ren) and will make a referral to another
therapist after giving ___ weeks notice.
ELEMENTS FOR SUCCESS
• Well crafted Court Order and Parent/Child Contact
Treatment Agreement
• Ability of treatment team to work together
• Interest of rejected parent to pursue relationship
• Aligned parent’s ability to disengage and recognize
importance of child’s rel. with other parent
• Resiliency of child, degree of enmeshment and
resources available
CUSTODY REVERSAL
IN SEVERE PATHOLOGICAL
ALIENATION
Jacqueline Vanbetlehem, MSW, RSW, AccF.M.
www.vanbetlehem.ca
OVERVIEW
• The “stark dilemma”
• Clinical consideration of custody reversals and it’s relationship to attachment theory
• Views of the proponents and opponents
• Do adolescents have sufficient maturity to make decisions about treatment and severing ties with
a parent?
• Remedies to consider
CLINICAL CONSIDERATIONS OF
CUSTODY REVERSAL
RECOMMENDATIONS
PURPOSE OF CUSTODY REVERSALS
• There must be an assessment that addresses the clinical reasons that suspending the access with the favoured parent is preferable over keeping the status quo.
• No contact order is for a period of time until the parent can learn to relate to the child in a healthy way.
• The purpose of a custody reversal is to free a child from their alienated state but to also give the opportunity for an intervention that will restore the child’s healthy relationship with both parents.
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ATTACHMENT THEORY
MISNOMERS• Attachment occurs along a continuum, there may
be factors that improve a child’s attachment orcontribute to more insecurity throughout thechild’s life. This can be variable between parents.
• A child can have secure attachment with lessinvolved parent. Quantity of time does notensure development of secure or healthyattachment.
• With a custody reversal, contact with the favoured parent is temporarily suspended, not broken.
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ATTACHMENT THEORY
MISNOMERS
• The child is not being “forced” to attach to the rejected parent.
• Strength of attachment does not necessarily mean healthy, a child can have a strong but unhealthy attachment with a parent
• Separation from a parent is not always harmful.
• Sending the child for treatment does not sever the bond; it may be the favoured parent’s refusal to pursue a healthy relationship that severs the bond.
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WHAT DOES ENMESHMENT IN AN
ALIENATED RELATIONSHIP LOOK LIKE?
• The enmeshment grows as the normal balancing
influence by the rejected parent is gradually
diminished, which may have started prior to the
separation.
• Boundary disturbances, and over identification with
needs of the child.
– Project own needs onto child, likely that the FP is still
trying to resolve their own early childhood insecure
attachment difficulties
• The child does not develop autonomy.
OPPONENTS AND PROPONENTS
OF
CUSTODY REVERSALS
CUSTODY REVERSAL OPPONENTS
• Considerable reticence to reversing custody:
– child will come around, don’t need fathers that much anyway, will be counter productive-- will hate parent even more, can’t force older children
– risks of separating child from parent who is more pathological are greater than any benefits of reuniting child the with healthier parent
Custody Reversal Proponents
• Alienation is psychologically and emotionally abusive
• The children had a good relationship with rejected parent and this is re-establishing an existing bond as opposed to creating a new bond.
• Children can reunite in a very short time with the rejected parent once separated from FP. Children can become alienated very quickly also.
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CUSTODY REVERSAL PROPONENTS DO
NOT CONSIDER THAT CHILDREN HAVE:
• A Right to have a relationship with both
parents
• A Right not to have to choose parents
• A Right to be with the healthiest parent
• A Right to be protected from an abusive
relationship
• A Right to develop age appropriate autonomy
and independence
SHOULD CHILDREN AND
ADOLESCENTS HAVE THE RIGHT TO
DECIDE TO SEVER A RELATIONSHIP
WITH A PARENT?
IS THE RIGHT TO DECIDE USUALLY AVAILABLE
TO CHILDREN AND ADOLESCENTS?
• We don’t let 14/15 yr olds decide not to go to doctor or school, why let them decide not to have relationship with one parent, grandparents, other relatives, etc.
• We don’t let children and adolescents vote, drive without a license, drink alcohol.
• We don’t let children decide in non-divorced families to not have relationship/time with one parent, we usually insist they sort out problems.
• Courts remove children from abusive homes often against child’s protests.
• Police intervene when they run away, and may even use physical force.
• How is a custody reversal in severe PAS different?
Adolescents: The right to decide
Custody Reversals:
Options and Research
CUSTODY REVERSALS
• In some severe cases, custody reversal will be the only way to effectively respond to alienation
• Especially appropriate if:
– false, malicious allegations of abuse
– if AP has certain personality disorders, psychosis, paranoia, folie a deux, Munchausen’s by Proxy-Contemporary Type
• Debate about which cases severe enough
• Rejected Parent must be the healthier parent, and be fit and willing to be parent.
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CUSTODY REVERSAL - RESEARCH
• Limited Research (case studies, qualitative, retrospective)
• Have been a few studies noting failure of traditional therapy in many moderate and all severe cases(e.g., Clawar & Rivlin, Gardner, Rand, Rand & Kopetski),
• Clawar and Rivlin: 400 children– 90% improvement in relationship with other parent and other areas of functioning where child/parent contact was court ordered.
• Rand, Rand & Kopetski: 45 children from 25 families over 20 yrs—the child reunited with the rejected parent when the alienation was interrupted through enforced visitation or change of custody.
• Gardner: 52 families, 99 children: alienation ended when custody was reversed with no contact; alienation continued when contact continued
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PREVENTION VS. INTERVENTION
• It’s preferable to have prevention through
early intervention rather than custody
reversals.
• If alienation were viewed as abuse child
welfare authorities would not be so reticent to
become involved.
• Early intervention equates to decreased need
for custody reversal.
TREATMENT/INTERVENTION OPTIONS
FOR CUSTODY REVERSAL
• Limited options: vacation, summer
camp.
• If intervention is necessary to enforce a
custody reversal one option is The Family
Workshop for Alienated Children (FWAC)
• WHEN court has ordered custody
reversal
EDUCATION NOT “DEPROGRAMMING”Four phases involve multi-media demonstration and exercises
• The program is based on grounded principles in developmental, social psychology, science of education, learning, perception, perspective, conformity science, neuropsychology, and communication science that are taught using passive and active educational and experiential educational learning processes that assist the children to recover their critical thinking and their sense of true identity.
FAMILY WORKSHOP: FOLLOW UP 2-4 YEARS
POST WORKSHOP(Warshak, in press, Family Court Review, January 2010, Vol. 48)
• 22 children from 11 families
• All had had failed counselling experiences
• 21 of the 22 children (ages 8- 16) restored a positive
relationship with the rejected parent
– 17 of these 22 maintained their positive relationships.
• Of the 4 children who did not maintain the
relationship with the rejected parent all had ongoing
contact with favoured parent
• Outcome related to favoured parent: varied
depending on circumstances