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High conflict Divorce and child adjustment
What we know and don’t know about exposure to trauma and child adjustment Kelly M. Champion PhD ABPP Clinical and Forensic Psychologist Cadeus Behavioral Health
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Objectives Describe prolonged conflict over parental custody and access to parenting time. Describe mental health roles in courts related to these contests. Discuss the ethical and professional risks associated with court-involved families. Identify resources related to responding to allegations of child exposure to violence.
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Expert Witness to the Facts
Mental Health Roles Expert Witness to the Facts Reports on individual functioning Custody evaluations Forensic Experts Witness Answers questions related to science Answers limited questions about case
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Contested parenting time
court contests Contested parenting time Disagree on child needs/ desires New partners Relocations Concerns related to quality of care Allegations of abuse
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Longitudinal Case study
Wallerstien & Lewis (2004) 25 year in-depth qualitative study Domestic violence had lasting impact Loss of $ resources in college Time vs. quality of relationship
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increased risk for maladjustment
Risk and adjustment increased risk for maladjustment variability in group is big very small effects relatively higher than never married 75% - 90% of adults = well-being to adults from intact families
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Parenting evaluations
Minimize risks for evaluators & children consistent and transparent fair relevant to legal standards knowledgeable of violence / abuse
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Parent behaviors Child adjustment Safe, secure, nurturing
Time within limits Responsive, child centered Children value Fairness – financial, emotional
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Risk and adjustment Child characteristics Level of disruptions Changing parent roles and behaviors Parent stress and distress All interact
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divorced, never married, separated
Parenting Evaluations Limited outcome research Comprehensive Parenting Time, decision making Education, extra-curricular Best Interests
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standards of professional practice
Parenting evalutions standards of professional practice APA Guidelines for Child Custody Evaluations in Family Law Proceedings (2010) APA Ethical Principles of Psychologists and Code of Conduct (2017)
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divorced, never married, separated
Parenting evaluations protect the physical & psychology well-being of the child minimize litigation inform the court one evaulator ethical, professional, informed
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Challenges Based on research on groups Recommendations for individuals How to weight factors? What to assess? How? Draw meaningful conclusions using all the resources.
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Challenges Variable of time Applying research
behavior over time e.g. pre-divorce child’s age and developemntal stage Applying research Expert in evaluating research Court challenges Misuse of resarch problemmatic
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What is high conflict divorce?
Ongoing contested parenting time Controversial term Objective measure: court resources spent Conflict means equal Adult oriented not child-focused Unclear violence to bitter anger
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High conflict Lack of clear definition
Sometimes aggression; sometimes not 20% of children grow up in home Hostility high before, during, after Parent who cooperatively solve child- related problems raise better adjusted children True among divorced families
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High Conflict Consensus Association of Family and Conciliation Courts National Counsel of Juvenile and Family Court Judges Interpersonal Violence (IPV) describes a powerful aggressor using violence and coercion to control a victim.
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Risk and adjustment Complex task Require
Multiple players all different In state of transition research not specific Require evaluating research careful application avoidance of advocacy
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Evaluations attend to factors that increase risk
Parenting and courts Evaluations attend to factors that increase risk Pre-parent separation factors Context matters Amato (2003) High conflict better after separation Low conflict worse after separation
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Typology of violence Typologies don’t fit clearly and aren’t in service settings Minimizes the risk of harm with words alone Implies no need for scrutiny neglects correlation with child abuse Requires careful assessment
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Expert Witness to the Facts
Mental Health Roles Expert Witness to the Facts Reports onf individual functioning Custody Evaluations Forensic Experts Witness Answers questions related to science Answers limited questions about case
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Evaluators who have no knowledge of IPV have erroneous beliefs
Over estimate exponentially false reports Don’t adequate assess for DV or evidence Fail to appreciate the harm to child
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Child refuses contact or otherwise rejects a parent
Parent Alienation Child refuses contact or otherwise rejects a parent Promoted by advocates e.g. A Baker’s research described as longitudinal but collaged at one time “diagnose” with only record review 25 years no researc support
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Parent Alienation Richard Gardner
Practitioner who inflated credentialed and lied Attributed child rejection to other parent without evidence Treatment is removal of child from home / no contact Advocates make these recommendations
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Alienated Child Not accepted in courts ABA “junk science” Child protection first
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APA WORKING GROUP REPORT: TRAUMA & SEXUAL ABUSE (1998)
“The history of human trauma and its aftermath is one marked by discovery and recognition offset by recoil, denial, and neglect. . . (and) meets the needs of perpetrators who, as a group, use denial to mask their abuses.
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Resources American Professional Society on the Abuse of Children American Association of Family and Conciliation Courts National Child Traumatic Stress Network
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evaluations Family Evaluation in Custody Litigation: Promoting Optimal Outcomes and Reducing Ethical Risks by G. A. H. Benjamin, C. J. Beck, M. Shaw, and R. Geffner (2018) American Psychological Association
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