parental contact resistance post-elkins: whose voice are we hearing?

Parental Conta! Resi"ance, Po"-Elkins: Whose Voice Are We Hearing?

Presented by

Valerie R. Houghton, RN, MFT, JD

INTERNATIONAL SUPPORT NE#ORK FOR ALIENATED FAMILIES (ISNAF) Second Annual Conference

A Communi$ Responds

Saturday, November 12, 2011

Parental alienation occurs when a child is turned again" a parent; usually in %e course of a divorce. Parental alienation is considered a severe form of

childhood emotional abuse and causes excruciating emotional pain to %e vi!im parent as well.

Monday, November 14, 2011


142 Articles for You

Presented byValerie R. Houghton, RN, MFT, JD

INTERNATIONAL SUPPORT NE#ORK FOR ALIENATED FAMILIES (ISNAF) Second Annual Conference

A Communi$ Responds

Saturday, November 12, 2011

h&ps://www.evernote.com/pub/valeriehoughton/al'aterialsfornovember122011



“Ongoing a&empts to e"(nge and by encou(ging

such false beliefs in %e child, %is child is at great

risk for developing psychopa%ology.”

Au%or Unknown


What Happened and Who is Elkins?

Elkins v. Superior Court (Elkins) (2007) 41 Cal.4% 1337 41 Cal.4% 1337

California Supreme Court said expediency did not trump due process rights because %e local Rules of Court confli!ed wi% %e )w

As part of %eir ruling, %ey sugge"ed %at %e Judicial Council appoint a task force... The Power of sugge"ion yielded...


In 2008, California Chief Ju"ice George formed %e Elkins Task Force, charging

it wi% *o duties:

to condu! a comprehensive review of family )w proceedings; and

to make recommendations to %e Judicial Council designed bo% to ensure due process, and to provide more effe!ive and consi"ent rules, policies and procedures in family )w ma&ers


The Elkins Task ForceBegan by Identifying %eir own

Purpose and Core Values

Their Purpose: Ensuring ju"ice, fairness and due process in family )w; They identified %eir core values as:

Providing meaningful access to ju"ice for all litigants;

Using innovative techniques to promote effe!iveness and efficiency;

Improving %e "atus of and respe! for family )w litigants and %e family )w process; and

Securing adequate resources for %e family )w process.


What Did %e Elkins Task Force Do?

1. Condu!ed focus groups wi% litigants, court "aff, a&orneys, and judicial officers

2. Heard in-person te"imony at Task Force meetings

3. Condu!ed public hearings

4. Surveyed a&orneys 5.

5. Solicited comments received %rough a user-friendly website

6. Condu!ed Key informant interviews

7. Analyzed avai)ble court data

8. Later, convened a litigant-input group to solicit %e views of court users on %e proposed focus areas for potential recommendations


What Did %e Elkins Task Force Do Next?

In O!ober 2009, %e Task Force released more %an one hundred detailed, proposed recommendations for review and public comment.+

In December 2009, The Task Force closed %e window for public comment.

The Family Law Elkins Implementation Task Force took over %e he' and began soliciting public comment. The time period for %at ended June 30, 2011.

The Elkins Implementation Task Force Continues to work and %eir mo" Recent report to %e Judicial Council was O!ober 28, 2011.

+


What Did %e Elkins Task Force Publish? Read it Here (1)

Elkins Family Law Task Force Update (2009), avai)ble at h&p://www.courtinfo.ca.gov/jc/tfli"s/documents/elkins-update-jan.pdf. See, e.g., Task Force on Self-Represented Litigants, Judicial Council of California, Statewide A!ion P)n for Serving Self-Represented Litigants (2004), avai)ble at h&p://www.courtinfo.ca.gov/prog(ms/cfcc/pdffiles/Full_Report_comment_chart.pdf

Sexual Orientation Subcommi&ee, Access and Fairness Advisory Commi&ee, Judicial Council of California, Sexual Orientation Fairness in %e California Courts (2001), avai)ble at h&p://www.courtinfo.ca.gov/prog(ms/access/documents/report.pdf;


What Did %e Elkins Task Force Publish? Read it Here (2)

Advisory Commi&ee on Racial and E%nic Bias in %e Courts, Judicial Council of California, Report on Racial and E%nic Bias in %e Courts (1997); Gender Fairness Subcommi&ee, Advisory Commi&ee on Access and Fairness, Judicial Council of California, Gender and Ju"ice: Implementing Gender Fairness in %e Courts (1996), which is freely avai)ble at h&p://www.courtinfo.ca.gov/prog(ms/access/documents/imp_rept.pdf;

Advisory Commi&ee on Gender Bias in %e Courts, Judicial Council of California, Achieving Equal Ju"ice for Women and Men in %e California Courts (1996), which is freely avai)ble at h&p://www.courtinfo.ca.gov/prog(ms/access/documents/f-report.pdf.


And Then What Happened?

The Legis)ture passed AB 939 (ensuring parties %e right to te"ify in %eir case) regarding an,hing relevant

and AB 1050 (requiring courts to allow children 14 and older %e right to te"ify in %eir case on ma&ers which would affe! cu"ody and visitation)

The Family Code Se!ion 3042 was amended and California Rule of Court 5.250 was created


Frequently Raised Concerns and Que"ions

What if my child has been coached?

What if my child has been alienated?

What is %e difference be*een “parental alienation” and “e"(ngement?”

Nobody has figured out what is going on in my family so far. What will change?

What if %e judge or assessor sees what is going on? What good will %at do?


There is Some Good News & Some Work to be Done

There are Two Piles of Things in %e World: The Pile of Things OVER WHICH I HAVE CONTROL (OWLIES) (OVER WHICH LUCKILY I EXUDE -RENG.)

and The Pile of Things OVER WHICH I HAVE NO CONTROL (GULLS) (GIVE UP /SSITUDE AND LOA.ING)

BECAUSE .E COURTS ARE LI-ENING AND YOU NEED TO BE READY TO BE .E CHANGE YOU SEEK


BECAUSE .E COURTS ARE LI-ENING AND YOU NEED TO BE READY TO

BE .E CHANGE YOU SEEKPlease Click once on %e Box Above


Now Back to %e Que"ions:What if my child has been coached? There are some excellent t(inings for how to be able to assess coaching, careful interviewing techniques & %e judges have not uniformly defined %e format

What if my child has been alienated? There is a lot more emphasis on %at parental alienation is real and more courts in more "ates are pu&ing %at on %e record and trying a varie$ of interventions.

What is %e difference be*een “parental alienation” and “e"(ngement?” The easy answer is to what extent has %e targeted parent contributed to %e problem. Court personnel have hi"orically said “mo" cases are hybrids, but %is is not supported by research.


And More Que"ions...

Nobody has figured out what is going on in my family so far. What will change? There is more good news: There was a special issue of %e Family Court Review in July, 2011. It was dedicated to a&achment. There was ano%er special issue of %e Family Court Review in January 2010 on Alienation and many articles since. See O%er jurisdi!ions ("ates and countries outside %e US)

What if %e judge or assessor sees what is going on? What good will %at do? This is less clear, but %ere is a growing amount of research which says %e judge mu" make %e call early and intervene quickly, wi%out seeking consensus from %e parties. See Warshak’s and Sullivan’s camps, as well.


Your Toolkit for Your Mission

1. Emb(ce an A&itude of G(titude.2. A!ualize %e Li" of Pro-A!ive Behaviors.3. Did you hear “KidofPas” feedback? (slide)4. Prioritize %e re)tionship (%er %an trying to exert influence or force. See Amy’s article.5. Seek to surround yourself wi% %e be" professionals and support people you can.6. Strive to be happy. Children will reje! us more easily if %ey can feel our pain and resentment. Our children are "ill our mirrors.



142 Articles for YouPresented by

Valerie R. Houghton, RN, MFT, JDINTERNATIONAL SUPPORT NE#ORK FOR ALIENATED FAMILIES (ISNAF)

Second Annual ConferenceA Communi$ Responds

Saturday, November 12, 2011 1211

h&ps://www.evernote.com/pub/valeriehoughton/al'aterialsfornovember122011


Parental Conta! Resi"ance, Po"-

Elkins: Whose Voice Are We Hearing?Please Click once on box Below for Video Clip


Thank you for your kind a&ention...

Be Well, Take Heart and Please Stay Mindful %at Our Hearts

Cannot Hold Love and Hate in %eSame Vessel...

Kindest Regards,Vale"e


parental contact resistance post-elkins: whose voice are we hearing?

Technology

e task force

e elkins task force

e child

e window

e atus

e course

e judicial council

elkins task forcebegan