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Parenting

Coordination: Practice,
Research, &
the Interface between
Psychology and Law
APA Pre-Convention Institute
Westin Harbour Castle
Toronto, Ontario
August 5, 2009
1

Definition and Scope


of Practice
Robin M. Deutsch, Ph.D.
Children and the Law Program
Massachusetts General Hospital
www.childforensic.com
2

The Parenting Coordinator


Court-ordered neutral to assist the parties to:

Reduce chronic litigation and conflict between parents


Implement safe and workable parenting plan
Monitor compliance with details of plan
Raise parents skill level in communication,
collaborative or parallel planning and decision making
for their children
Help parents to resolve parenting disputes in a timely
manner
Assist parents to co-parent in a way that promotes the
well-being of children and safe parent-child
relationships
Refocus parents on the needs of their children
3

Distinct Role of Parenting


Coordinator

Hybrid role: help implement, modify, mediate


parenting plans
Assess impasses to co-parenting
Educate about child development,
communication, conflict resolution
Manage relationship, structure of engagement,
parenting plan, coordinate others
(professionals, family, non-professionals)
Negotiate and Mediate disputes
Arbitrate: make decisions that are binding until
the Court makes a different order
4

Role Definition
PC

does not provide:

Psychotherapy
Counseling
Diagnostic or assessment services
Custody evaluations

When should a PC be appointed?

Ongoing disagreements between the parents about


implementation of parenting plan and other child-related
issues
Parties agree to decision maker outside of the Court to
reduce cost and burden of continued litigation
Changing parenting plans: Young children, substance
abuse issues, resistance to contact with a parent
Complex and High Risk Cases: Children with complex
mental health or medical conditions, abuse/neglect
allegations, multiple practitioners involved requiring
coordination, symptomatic children, mental illness with
treatment compliance issues
Recommendation of custody evaluator, lawyers, judge
Some states: If history of extreme or unremitting
conflict that affects welfare of the children, court can
appoint without parties agreement
6

Goals for family in PC Process


Reduce

conflict
Transition from Nuclear to Binuclear
family
Hold and support the children through
adequate functioning within and
between two new family systems
Establish and maintain effective
communication system
Maintain a reliable access schedule
7

How does PC work?


Identify

impasses and conflict patterns


and impact on children
Establish appropriate communication
rules and structures
Manage the parenting plan
Help parents disengage through
structure and focus only on the children
Encourage positive parenting: warm,
involved, authoritative
8

Sources of Authority
for PC Practice

Implementation of PC role
State

legislature passes law authorizing


appointment
Order of state Supreme Court Chief
Justice applied to entire state court
circuits or counties
Order of the court which has
jurisdiction over the case
Local rule
Private consent agreements
Kirkland, 2007
10

Appointment
Stipulation
Court

Order
Consent Agreement with PC

11

Parents must consent to give up


their authority to make decisions
to third parties (other than to the
statutory authority of the Court)
Informed

consent necessary: Court


cannot order decision-making by PC
without agreement of parties
Except in Oklahoma
12

Scope of Authority
Mediator/arbitrator:

If the parents
are not successful in negotiating
resolution of issues in a timely way,
the PC may resolve the dispute.

PC

decisions are legally binding but


subject to judicial review.

Court

retains authority to review


decisions of PC; parties may bring the
decisions of the PC back into Court
13

Legal authority: components of


statute, order or local pattern
Define parenting coordinator
Basis of authority
Scope of authority
Qualifications
Consent vs. non-consent of parties
Confidentiality
Term of service
Removal/resignation

14

Domestic

violence screening
Fee arrangements
Quasi-judicial immunity
Grievance procedures
Continuing jurisdiction
Bartlett, 2005; Kirkland, 2007

15

AFCC takes the lead for


interdisciplinary role

2001 interdisciplinary Task Force on


Parenting Coordination

Described manner in which jurisdictions in US


have used PC
April 2003 report Parenting Coordination:
Implementation Issues, Family Court Review,
41

2003 Task Force reconstituted


Review of best practices in US and Canada led
to Model Standards for Parenting Coordination
May 2005 Guidelines approved by AFCC Board
16

APA Guidelines
Task

Force for Development of


Parenting Coordination Guidelines

Practice

guidelines include statements


that recommend specific professional
conduct for psychologists

Created

practice

One

to educate and to inform

year in development
17

Questions and Answers

18

STATE OF PC PRACTICE &


LEGISLATION:
CANADA
Barbara Jo Fidler, Ph.D. ,
C.Psych., AccFM
www.familysolutionstoronto.ca

19

ALBERTA

Alberta Family Law Act, C, F-4.5 + Arbitration Act,


R.S.A 2000, c. A-43
Family Law Practice Note 7: court directed
parental conflict intervention
Binding recommendations; court has ultimate
jurisdiction
Canadian Co-parenting Centres
www.coparenting.ca
Alberta Family Mediation Society
Provide designation: Registered Parenting Coordinator
and Arbitrator
Rigorous criteria for training and experience
Will have roster
Certifies education obtained, not address grievance

20
20

BRITISH COLUMBIA

www.bcparentingcoordinators.ca

Impressive initiative of legal and mental health


volunteers
Training (by Joan Kelly)
Roster
No governing statute or regulatory body
Standard PC Agreement
PC (arbitration part) by consent
Case law developing
Provincial Court (Family) Rules
Family Relations Act, R.S.B.C 19986, c. 128
Commercial Arbitration Act, R.S.B.C, 1986

Appeal rights, judicial review rights

21
21

ONTARIO
www.attorneygeneral.jus.gov.on.ca
No

legislation in ON to order PC
Contract privately
Consistent with AFCC Guidelines
Best practice: Order on consent
Governed by Provincial and
Federal Law
Arbitration Act, S.O. 1991, Family Statute Law
Amendment Act, 2006, Family Law Act, RSO
1990 c.F.3, Divorce Act
22

22

Training Required By Ontario Law For


Arbitration Component

For any family arbitration

Must be approved by AG (website)

Screening for DV and power imbalances (at


least 14 hrs, all taught in one week or less,
reputable provider, lists elements)

Ontario Family Law (30 hours)

Ongoing training (10 hrs over any 2-yr


period, half on DV or power imbalance)

Suggested: Training on arbitration


procedures
23

STATE OF PC PRACTICE
& LEGISLATION:
NORTH AMERICA
Debra K. Carter, Ph.D.

The National Cooperative Parenting Center


www.TheNCPC.com

24

State of PC Practice and


Legislation in North America

States which have Parenting Coordination


statutes include:
Oklahoma
- North Carolina
Idaho
- Louisiana
Oregon
- Maine
Colorado
- Vermont
Texas
- South Dakota
Florida is the latest state to pass a parenting
coordination statute (F.S. 61.125) effective
October 1, 2009
25

States where Parenting Coordination


is authorized through a related statute
include:

Arizona (Rules of Family Law Procedure 74)


California
Georgia
Kansas (Court Rules 902)
New Mexico
Ohio (Rule 14.01)
Minnesota (Parenting Time Expeditor)
Pennsylvania (Erie County)
Kentucky (Jefferson Circuit)

26

States with Non-Statutory Parenting


Coordination Programs include:
Florida

(until 10.1.09)
Kentucky
Massachusetts
New Hampshire
New Jersey where there are pilot
programs in four Counties.
Delaware has a small pilot program
British Columbia, CANADA -- uniform
Parenting Coordination agreement 27

PC Characteristics
Matthew J. Sullivan, Ph.D.

www.californiaparentingcoordinator.com

28

PC Characteristics

Multidisciplinary
44% Psychologists, 11% attorneys

Experienced
18 years, 8 years PC work

40% of practice devoted to PC work

Fees- $20-$400
Retainer - 20 hours

Term
1-3 years

Complaints
11% formal complaints
Kirkland and Sullivan, FCR, 2008
29

Introducing
The District of Columbia
Superior Courts Office of the
Parenting Coordinator:
A Collaboration with the American Psychological
Association Practice Organization to Expand the Role of
Parenting Coordination in the Courts

Shirley Ann Higuchi, JD

Assistant Executive Director of Legal and Regulatory


Affairs
American Psychological Association

30

Office of Parenting Coordination


Foundations
Investigation
Review

of literature
Psycho-education
Intense Supervision and team work
Consultations and team staffing
Interventions: Culturally appropriate,
individualized, innovative, stepped,
community based

31

Model of Training
Follows

the model of training of law clinics


Supervisor is designated the special master and
makes all decisions
Students receive intense training
Students shadow all activities of the psychologist
Students do the leg work in cases and act as a
second chair
Appropriate method of training for forensic
activities as student does not function
independently but learns through modeling
Use of an advisory board and a team format
32

Features of the Program


Innovative (Many currently available treatments not
accessible, suitable, acceptable, cost-effective, or
culturally-competent)
Culturally-appropriate (takes into account the needs
and preferences related to their cultural values, i.e.
individual vs. family involvement, focus on benefit to
individual vs. to family group, parenting styles,
solutions)
Stepped (More intense work to areas of greatest need)
Tailored (to the individual needs of each family, to
readiness for change)
Community-based (Referrals and coordination with
community structures that are familiar to the parties,
i.e. churches, health care, child care, schools)
33

Characteristics of OPC Clients


Total

of 29 cases seen by the Program


Some non-traditional parents (e.g.,
grandparents, step-parents,
aunts/uncles)
About not joint custody
Diverse populations, but approximately
85% African American
Smaller percentage of parents are
Caucasian, Hispanic, African, Asian, or
mixed.

34

Comments from the Judges

I dont know how the PC has kept these disorganized and


immature parents involved in the PC process! The
assistance of the PC has been critical in this case, which
involved threats of childnapping. The PC has brought the
parents close to agreement-an amazing accomplishment

involvement has been successful because an August


2006 date was continued and no further dates have been
setremarkable result for this contentious matter.

was helpful in providing the parties a way out of the box


they
were in. Communication and flexibility improved

You helped to resolve the most difficult case in my


calendar for 2006, Thank you.

(data presentation prepared by Stephen J. Lally, Ph.D., ABPP, Argosy University,


Washington, DC)

35

Judges Satisfaction Surveys


Responding

Judges strongly agree that:

The Parenting Coordinator helped resolve issues


that made a difference for the child(ren) in this case
They would recommend a PC to another judge who
has cases with this type of custody conflict
The use of a PC was helpful to this case.
The PC helped coordinate the efforts of the parties
involved in the case.
All

responding judges agree or strongly


agree that the PC was helpful and provided
useful information to the other parties involved
in this case (i.e. lawyers, GALs, etc.)
36

How Can We Do That?


Identify

leaders, stakeholders, and interested


mental health providers with relevant expertise

Network: State Psychological Associations; local


Bar Association; Family Court seminars

Develop
Call

a work group

Shirley Ann Higuchi: 202-336-5886

37

Special types of PC cases


appropriate or not?
Matthew J. Sullivan, Ph.D.

38

Special types of PC cases


appropriate or not
Nature

of the role is conducive to or


contraindicated for different types of
cases
Alternative dispute resolution processes
(ADR)
Longer-term involvement
Case management/coordination

39

Special populations and


extended families
Young

children

Designing, implementing and evolving


parenting plans
Special

needs children

Coordination of complex health and


educational assessment and interventions
Alternative

family structures

Never married, cross-generational shared


custody
40

Parenting Coordination with a


Mentally Ill Parent

Appropriate?

Ability to meaningfully participate in the


process

Modification of Interventions

Additional procedural structures needed

Debra K. Carter, Ph.D.


41

Are Domestic Violence


Cases Appropriate for PC?
Joan B. Kelly, Ph.D.
jbkellyphd@mindspring.com

42

Parenting Coordination and


Domestic Violence: Questions
Is

Parenting Coordination appropriate


for parents with history of DV

Assess

pattern(s) of DV prior to
separation/divorce and currently

If

appropriate for PC, is your procedure


modified?

Personal

preferences, experience, and


comfort level of PC important
43

Definitions of Domestic Violence

Psychological

Physical

Cursing, demeaning, yelling, taunting


Isolating, coercion, threats of harm
Stalking, harassing, inducing fear
Slapping, grabbing, shoving, twisting arm, pulling hair
Kicking, punching, biting, throwing objects
Choking, using guns & knives, mutilation, burning

Sexual
Rape, forced unwanted sexual behaviors, coercion,
harassment

Financial

Controlling purchases, withholding funds and


information
Straus et al, 1996
44

Types of Intimate Partner Violence


Situational

Couple Violence
Coercive Controlling Violence
Violent Resistance
Separation Instigated Violence
Babcock et al, 2004; Capaldi & Owen, 2001; Dutton,
2005; Ellis & Stuckless, 1996; Johnson, 1999; Johnson,
2005, 2006; Johnson & Leone, 2005; Johnston &
Campbell, 1993; Kelly, 2002; Kelly & Johnson, 2008;
Magdol et al, 1997, 1998; Salari & Baldwin, 2002;
Statistics Canada, 2001; Ver Steegh, 2005.
45

Situational Couple Violence


(Conflict-Instigated Violence)
Power, coercion and control are not
central dynamics
Initiated at similar rates by both sexes

9% -12.2% (men) & 12.4%-13% (women)


annual incidence rates in US and Canada
Nationally representative random samples of men
and women, and community samples
Babcock et al, 2004; Capaldi & Owen, 2001; Ellis &
Stuckless, 1996; Holzworth-Monroe, 2005; Jaffee et al,
2005; Johnson, 2005; Johnson & Ferraro, 2000; Johnson
& Leone, 2005; Johnston & Campbell, 1993; Kelly &
Johnson, 2008; Stets & Straus, 1992; Straus & Gelles,
1992; Ver Steegh, 2005.
46

Situational Couple Violence (2)


Conflict escalates into physical violence
Related to poor management of conflicts
Minor forms of violence most common
(pushing, shoving, grabbing)
Injuries not common, generally contained
Partners not generally fearful of each other

Babcock et al, 2004; Capaldi & Owen, 2001; Ellis &


Stuckless, 1996; Jaffe et al, 2005; Johnson, 2005;
Johnson & Ferraro, 2000; Johnson & Leone, 2005;
Johnston & Campbell, 1993; Stets & Straus, 1992; Ver
Steegh, 2005.

47

Situational Couple Violence (3)


Frequency

and time frame vary from once


only to frequent, past only to current
Generally decreases over time, & with
age
More likely to stop after separation
67% of men and 60% of women reported
violence stopped after separation
(Canada)
Babcock et al, 2004; Johnson & Ferraro, 2000; Johnson &
Leone, 2005; Johnston & Campbell, 1993

48

Situational Couple Violence (4)


Mutual: more than half report violence
perpetrated by both partners (62% men/52%
women)
Female-only violence: 18% of men and
35% of women report only woman was violent
Male-only violence: 20% of men and 13%
of women reported male was violent
Majority of violence did not result in injury to
either men or women

Kwong et al, 1999


49

Coercive-Controlling Violence
(Classic Battering)

Intimidation, coercion, control,


emotional abuse are central dynamics
Primarily male perpetrated (87-97%),
but also female perpetrators in married,
cohabiting, and lesbian relationships
Incidence of CCV in large representative
samples is lower than Situational Couple
Violence

Jaffe et al, 2003; Johnson, 2005, 2006; Johnson &


Ferraro, 2000; Johnson & Leone, 2005; Johnston &
Campbell, 1993; Neilson, 2004; Statistics Canada, 2001.
50

Coercive Controlling Violence


Injuries to victims more frequent and severe
compared to Situational Couple Violence
Denial, minimizing and blame are most
common responses of perpetrator
Violence more severe for of abuse
victims after separation, and risk very
high
When violence is severe and chronic, higher
likelihood of severe personality disorders

Daly & Wilson, 2000; Dutton, 2005; Ellis & Stuckless,


2006; Johnson, 2008; Johnson & Leone, 2000;
StatisticsCanada, 2001
51

General Risk Factors for


Partner Violence (Undifferentiated)
Age (highest risk: 18-24)
Low income
Race
Children in household
Children of abused partner from former
partner
Extreme jealousy
Partner infidelity
Alcohol use and abuse
Physical disability

Frias & Angel, 2005; Hoteling & Sugarman, 1990;


Kaukinen, 2004; Straus, 1990
52

Marital Predictors of Post-Separation


Violence Causing Serious Harm

Sexual assaults
Being seriously hurt physically
Called police
Left home
Partners drinking
Outbursts of anger
Poor communication and social skills
Extreme possessiveness, jealousy, emotional
dependence
General control
Ellis & Stuckless, 2006; Ellis, et al, 2006
53

Separation Instigated Violence


No history of violence in marriage or other
settings prior to the violence at separation
Violence is atypical loss of control
Humiliating separation or traumatic separation
event(s)
Typically one-two episodes
Partner does not report coercive or controlling
behavior
Occurs with both men and women

Johnston & Campbell, 1993; Kelly, 1982; Kelly & Johnson, 2008;
Statistics Canada, 2001; Wallerstein & Kelly, 1980

54

Accepting DV Cases for


Parenting Coordination?

Situational Couple Violence and Separation


Instigated Violence parents may be able to use
PC safely and productively
Effective screening instruments/processes
Specialized DV training including attention to
differentiation among types of DV
Restraining orders and safety structures in place
High levels of structure provided by PC
Separate sessions
Does PC work terminate with any further violence?

Kelly, 1996, 2004; Kelly & Johnson, 2008


55

Accepting DV Cases for


Parenting Coordination?
Review court and CCE materials before
taking case - restraining orders? why?
Accept Situational Couple Violence if:

Minor and infrequent


Violence has stopped
Neutral transition sites, avoid face to face

Accept Separation-initiated Violence if:


One violent act
Parent acknowledges, sought Rx, group help

Coercive controlling violence - no


56

Antisocial personality
disorders
Robin M. Deutsch, Ph.D.

57

Personality Disorders
Cluster

B Disorder (Engage Conflict)

Borderline: extreme mood swings, fear


abandonment
Self-centered
Histrionic: dramatic,
intense, prone to
fabrication
Narcissistic: preoccupied with self,
entitled, repression
Antisocial: lack empathy, willing to hurt,
disregard societal rules, narcissistic
58

Antisocial Personality
Disregard

for societal norms or laws


Lying and deceitful, especially in
pursuit of own satisfaction (may use
aliases)
Charming and manipulative
Irritable, aggressive, lacks respect
for others
Fear of Being Dominated
59

Antisocial Personality
Lack

of remorse for hurting others


Disregard for safety of self or others
Self-centered and irresponsible
Non-cooperative when no gain for
self
The ends justify the means

60

Antisocial Personality:
Client Management
Maintain

clear and rigid boundaries a


legitimate place for rigidity
Emphasize the need to take
responsibility and be accountable
Be prepared to impose and enforce
consequences
Pay attention to your fears and protect
yourself physically and professionally
Noncompliance: when and how to
resign

61

BREAK
9:45-10:00

62

Parent Education as
an Important PC Role
Joan B. Kelly, Ph.D.

63

The Hybrid Role of PC Includes


Well-grounded Parent Education

Beyond helping parents settle disputes and


implement parenting plans, PCs provide education
to improve childrens family environments and
psychosocial outcomes
The PC intervention is focused on child and
adolescent needs rather than parent demands &
entitlements this requires that the PC have
reliable information
Effective PC parent education can:
Sensitize parents to childrens psychological & developmental
needs
Modify detrimental parent behaviors and interactions
Improve the quality of parenting
Encourage changes in co-parental relationship
64
Lead to parent agreement re: dispute (and avoid arbitration)

Empirical and Clinical Research is


the Bedrock of Parent Education
Knowledge

and careful use of relevant


research in working with parents
enhances credibility and authority
Majority of psychologists are not
familiar with the large social science
literature relevant to effective PC work
APA Task Force on PC Practice
Guidelines (in development) will stress
the importance of research-based
knowledge
65

Categories of Parent Education


Impact

of parental separation &


divorce on children and adolescents,
including risk & protective factors
(ongoing stress, conflict, parenting,
parent adjustment, loss of
relationships, new relationships)
Child development emotional,
cognitive, social, educational needs
and abilities of children of different
ages, attachment
Dynamics of parents with continuing
high levels of conflict and what drives
66
conflict

Examples of relevant
information from divorce
research

67

Risk Factors for Separated and


Divorced Children & Adolescents
Stress of separation
Psychiatric illness & personality disorders of
parent(s)
Diminished and inadequate parenting
Loss of important relationships
High conflict using child
Re-partnering and remarriage
Moves to new locations
Reduced or unstable economic resources

Amato, 2000; Clarke-Stewart & Brentano, 2006; Emery, 1999;


Hetherington & Kelly, 2002; Kelly; 2000; Kelly & Emery, 2003

68

Divorce Increases Risk for Children


Risk

of problems is twice as great as


children in comparison groups of
married families
Externalizing symptoms most common
Internalizing symptoms
Twice as many teenage births
Academic and achievement problems
Amato, 2000; Clark-Stewart & Brentano,
2006; Emery, 1999, 2004; Hetherington &
Kelly, 2002; Kelly, 2000; Kelly & Emery, 2003;
Simons et al, 1999
69

Differences Between Divorced


and Married Family Children
More

overlap than divergence between


groups
Group differences are significant, but small
in magnitude
Majority of divorced children function on
standardized tests within average range
75-80% functioning OK on psychological
adjustment, behavioral, and social measures
Amato, 2000; Clarke-Stewart & Brentano, 2006; Emery, 1999;
Hetherington & Kelly, 2002; Kelly, 2000; Kelly & Emery,2003.

70

Adjustment of Residential Parent


Strong

link to child & adolescent


adjustment
Depression and anxiety
Mental illness
Personality disorders
Can nonresident parent be
protective buffer?
Carlson & Corcoran, 2001; Dickstein, 1998; Emery et al,
1999; Kelly, 2000; Kelly & Emery, 2003; Kline et al,
1990; Mezulis, et al, 2004; Pruett et al, 2003.
71

Using research - Example

Mother indicates to PC that she is


depressed (which PC has noticed).

PC comments that it is often difficult to


parent well when one is depressed
not enough energy, patience, support
of children, hard to discipline

PC comments that childrens


adjustment can be affected long term
by parents mental health, and
encourages parent to seek help
72

Differentiating Dimensions of
Parental Conflict
Intensity

of Conflict
Focus of Conflict
Conflict Expressed through Child
Protective Buffers for Children
Interpersonal vs. Legal Conflict
See Grych, 2005; Kelly, 2000, for reviews
73

Parent Behaviors that Put


Children in the Middle of Conflict
Asking child to carry hostile messages
Asking intrusive questions about other parent
Creating a need for child to hide information
Creating a need to conceal feelings about
other parent
Demeaning other parent, openly
contemptuous

Buchanan, Maccoby, & Dornbusch, 1991;


Hetherington & Kelly, 2002
74

Buffers that Protect Children


from Parent Conflict
Good

relationship with at least one


parent or caregiver, or mentor
Parental warmth
Quality of sibling support
Encapsulating conflict
Emery & Forehand, 1994; Hetherington & Kelly, 2002;
Sandler et al, 2008; Neighbors et al, 1993; Vandewater
& Lansford, 1998;
75

Using Research in Parent Education:


PC Example
Parents

in High Conflict

PC asks parent to reflect on how it feels


to his child to be in middle of conflict
(empathy)
PC explains what specific types of
parental behaviors were found to be most
detrimental and most common child
symptoms
PC describes, invites, and encourages
encapsulation (even if other parent not
receptive)
76

Protective Factors Reducing


Risk for Children
Good

adjustment of residential parent


Competent parenting of mother &
father
Greater amount of involvement of
adequate non-resident father
Type of involvement and activities of
father
Amato & Gilbreth, 1999; Hetherington, 1999;
Hetherington & Kelly, 2002; Kelly & Emery, 2003;
Kelly, 2007.

77

Protective Factors Reducing


Risk for Children (cont)
Reduced

and/or encapsulated
conflict between parents
Parallel or cooperative coparenting relationship and style
Limited number of family
transitions
Economic stability
Amato & Gilbreth, 1999; Emery,1999; Hetherington &
Kelly, 2002; Kelly & Emery, 2003; Kelly, 2005; Kelly,
2007; Maccoby & Mnookin, 1992.
78

Categories
of
Parent
Education
(2)

Parenting

Multiple impacts of conflict on quality of parenting


Components of post-divorce parenting associated
with positive child adjustment
Differences in parenting styles and parents
contributions to childrens well-being
Importance of both parents involvement to wellbeing and academic achievement of
child/adolescent
Basic responsible parenting after separation

Moving the co-parental relationship from


conflicted to parallel parenting as first step

79

Effective Parenting After


Separation & Divorce: Research
Effective parenting has been demonstrated
to:
moderate the impact of separation and
divorce
diminish the impact of multiple family
transitions
protect children against negative impact
of high conflict
Emergence of quality of parenting as
central variable and major predictor of
childrens outcomes must be considered
as important as conflict in assessing risk

80

Effective Parenting: Mothers


Warmth
Authoritative

discipline
Holds appropriate expectations for
children
Academic skill encouragement
Monitoring of activities
Amato, 2000; Amato & Fowler, 2002; Buchanan, 96;
Hetherington & Kelly, 2002; Martinez & Forgatch, 2002;
Simons et al, 1999
81

Authoritative Discipline

Cluster of parenting behaviors


including:

Setting appropriate limits


Child knows the rules
Parents enforce rules fairly and consistently
Non- coercive/controlling, not emotionally abusive
Consequences are commensurate with infraction

Far more effective than authoritarian


discipline
Baumrind, 1991

82

Effective Parenting: Fathers


Aspects

of father involvement linked to


more positive adjustment after
divorce:
Warmth
Active involvement
Authoritative parenting
Monitoring of child/adolescent
Amato & Gilbreth, 1999; Maccoby & Mnookin, 1992;
Hetherington, 1999; Finley & Schwartz, 2007; Simons
et al, 1999; Stewart et al, 1997

83

Dimensions of Fathers Parenting


Linked to Positive Outcomes
Active

involvement
Help with homework and
projects
Emotional support, warmth
Talking about problems
Involvement in school

Amato & Fowler, 2002; Amato & Gilbreth, 1999;


Hetherington, 1999; Finley & Schwartz, 2007.

84

Types of Co-parental Relationships


After Divorce
Cooperative Parenting - 25-30%

Joint planning, flexibility


Provide support as needed

Parallel Parenting - >50%


Low communication, low conflict
Disengaged

Conflicted Relationship - ~20%


Poor communication
One or both parents may be still enmeshed
Hetherington & Kelly, 2002; Maccoby and Mnookin,
1992.
85

Example: Using Co-Parental


Relationship Research
PC

describes the three basic types of


relationships identified in research
Parent asked to consider which type of
co-parenting they/other are doing
PC encourages parent(s) to move up to
more business-like partnership (parallel)
with discussion about what would change
Focus throughout is on impact on
children
86

Categories of Parent Education (3)


Normative

parent-child relationships
and distortions associated with parent
conflict
Child development research
Attachment formation, maintaining
attachment relationships after separation
Age related cognitive, linguistic, social,
emotional capacities and needs
Age related normative behaviors
87

Example: Using Child


Development

Dispute about what type of summer camp for


7 year old boy:
Father promotes 2 week sleepover camp, says it
will toughen him up and he needs that
Mother disagrees, says boy has rarely slept apart
from parents, promotes 2 week day camp with 1
overnight each week

PC educates about lengthy separations,


checks on childs reactions to prior separations
from parents, whether child is going with a
friend, interviews child for his ideas/feelings
about both options, provides feedback to
parents, mediates agreement
88

Mediation & Parenting


Coordination
Roberta Eisen, M.Ed., LPC
www.robertaeisen.com

89

Mediation is a process:
To

facilitate communication as a
neutral party between parties
To assist parties in making their own
decisions
To balance communication
To provide containment for
constructive dialogue
To help parents learn how to
communicate more effectively

90

Why mediation training?


Over

3000 statutes require some sort of


mediation training
PC is a mediation/arbitration model
States without PC statutes often view
requirements for PCs same as court
mediators
Requirements for court mediators are
generally between 40-60 hours training in
mediation-basic, family, dv, and individual
jurisdiction judicial systems
91

Mediation requirements for PCs


AFCC

Guidelines- PC required to have


training and experience in family
mediation
PC should become a certified/qualified
mediator under rules or laws of the
jurisdiction in which he or she
practices, if such certification is
available.
92

APA Guidelines
Task

Force developing guidelines


a work in progress
Mediation requirements not yet
defined
Mediation is at the core or your
skills as a PC-to establish and
maintain effective communication
93

Regulation of Mediation
Model

Standards of Conduct for


Mediators(2005), AAA,ABA, ACR
Model Standards of Practice for Family
and Divorce (2000), AFCC, ABA,
NCDRO
Uniform Mediation Act (2001) NCCUSL,
ABA Section of Dispute Resolution, ACR
Not one state requires a license to
practice mediation
Many Courts set standards for Court
referred cases
94

Mediation Certification
Many

states have initiated certification


as a compromise between no
regulations or licensure
Florida and Virginia- comprehensive
certification programs
Other states have strict requirements
for mediators
Some states require specific models of
training-i.e. Michigan- facilitative
training
95

Other advanced recognition


Association

of Conflict Resolution (ACR)Advanced Practitioner Mediator


Mediate.com Certification Programcreating a certification that is not based on
any particular Court or agency program
Family Mediation National Certification
Canada
Family Relations Mediator, FMC Cert. FRM
Family Financial Mediator, FMC Cert. FFM
Comprehensive Family Mediator, FMC Cert. CFM
96

The Artistry of Mediation


To

know yourself first- self reflection


To know your approach to conflict
To be aware of your biases
To think about what you are doing at all
times
To create a level of understanding with
yourself
To be mindful and develop a consciousness
of your mediation approach
97

More artistry.
To

have patience and vision


To identify our own
communication style
To stay with your core beliefs
To let go of what doesnt work
To pay attention to details
98

History of Mediation
The 20th Century saw development of a
new paid profession
Mediation has emerged over the past 30
years as an increasingly popular dispute
resolution alternative to the adversarial
system
O.J. Coogler, Structured Mediation in
Divorce Settlement: A Handbook for
Mediators (1978)-emphasized rules and
structure

99

Research
Early

research- mediation helped deal


with the emotional aspects of the
divorce/relationship, exhibited
manageable levels of anger towards exspouse, and willingness to compromise
(Milne, 1983, Kressel, !987)

Current

research Children from families


with ongoing conflict suffer as much after
mediation as before- need for more
intensive interventions
100

Models of Practice
Facilitative

Mediator directs the process


Does not make recommendations
Does not give advise
Not client centered helps the parties
communicate and problem solve
effectively
Interest based looks at concerns- looks
for solutions
Separates the people from the problem
Focus on interests, not positions
Always generating options
101

Evaluative
Mediator's

role is similar to a judge or


lawyer-instructs the parties of the pros
and cons of particular decisions
Emphasizes rules and structure- little
room for parties autonomous
Mediators offer substantive knowledge
and experience to the parties
Mediators directly propose outcomes or
ask questions that impose outcomes
Controversy over mediators neutrality
and impartiality
102

Transformative
Developed

by Folger and Bush ( 1994)The Promise of Mediation

process in which a third party works


with the parents to help them change the
quality of their conflict interaction from
negative and destructive to positive and
constructive, as they explore and discuss
issues and possibilities for resolution.

Theory-conflict

propels people into


feelings of weakness and self-absorption

103

More transformative
Mediators

are not a process guide, but


follow the parties and their conflict with
supportive skills

Emphasizes

the parties participation


and ownership

Parties

control the conflict-mediator


supports the process

Not

about the conflict- all about the


interaction

104

Two phenomena of
Transformative
Empowerment-

acknowledges that
the parties need to feel strong rather
than weak-people are empowered when
they grow calmer, more organized
relative to their goals and decision
making
Empowerment- encourages self
respect, self reliance rather than
promoting reliance on someone else to
resolve conflict
105

Recognition

When people choose to become more open,


attentive, sympathetic, and responsive to the
situation of the other party

Self absorbed to ... Responsive to other

Self protective to ... More attentive to other

Defensive to ... More open to other

Suspicious to ... Good faith of other

Self perspective to ... To see others


perspective

CLIENTS MANAGE THE PROCESS


106

Hybrid Models
Combines

different models of
mediation with other interventions
Mediator plays many roles: facilitator,
educator. child advocate, counselor,
and sometimes evaluator
Question.... Should the model of
mediation be specified and should the
parties be clearly informed?
107

Basic Tools/Strategies

Dont make assumptions


Be supportive and attend closely to the
interaction
Pay close attention to cues-verbal and non-verbal
Effective listening getting in sink
Strategic sympathy/empathy
Reflective listening-Paraphrasing-the essence of
their content
Reflective feelings-Mirroring back the emotions
that he/she are feeling
Reflective meaning-Joining content and feelings in
a statement
108

More tools.
Summative reflections-Restating the main
themes and feelings over the conversation
Mirror approach-asking them to put
themselves in the consequences of their
discussion or behavior
Re-establishing a boundary-Im not
comfortable with this.
Reframing-reframing the context of the
statement-every strong statement contains
an underlying interest or concern when
promoted, negative to positive, past to
present

109

Helpful Phrases and Hints


Timing-buying

time-Could we put this


aside and work on another issue?
Ask good open ended questions-What are
you thinking?
Closed questions are more directed-Can
you live with this?
Statements cause reactions and rebuttal
Questions allow process
Best and worst options
Ask for the parties buy-in-Is this OK with
you?
110

Mediation
Parenting Coordination
Confidential process
No confidentiality
Not educational
Often educational
Generally not responsible for the outcome
Generally responsible for the outcome
To facilitate communication between the
parties
To minimize conflict between the parties

111

Mediation and PC
To guide the parties to get to settlement
To guide the process and provide
recommendation or resolution
An intervention that does NOT focus on
the relational aspect
Intervention focused on the working
relationship
Parties emotionally invested in the
process
Parties NOT invested or interested in the
process

112

Summary-The Reflective
Practitioner
Artistry

is a journey, not a destination


Training and education are an ongoing
part of the journey
Keep process notes after every session
Be prepared-prepare in advance
Identify your own style and model of
mediation
Be comfortable with your skills-know how
to use them
Be comfortable with yourself in this role
113

The PC Arbitration
Role
Matthew J. Sullivan, Ph.D.
114

115

The arbitration role


Formal

decision-making process,
defined in the stipulation.
Due process considerations, hearings
Trier of fact - collects the data,
determine the facts relevant to the
issue
Anticipate going to Court for review
Procedural errors are often where the
PC decision are scrutinized
116

Deciding: When Parents Cant


Know

arbitration law and


practice in your jurisdiction.

Be

sure that the contested issue


and the action you contemplate
is within your scope of authority.

117

Scope of Authority

The issues upon which a PC can decide or


recommend and the actions that a PC can
take

The PCs scope of authority should be


precisely delineated in the Court Order of
Appointment.

The scope of authority should be included in


the PC agreement or referenced as included
in the Court Order of Appointment.
118

Deciding: Arbitration
Arbitration
Discuss the process to be
followed

Formal hearing or informal?

119

LEGAL ISSUES
- Binding vs. non-binding
- Statutory presumptions
- Confidentiality/arbitrator testifying
- Uniform Arbitration Act (revised)
why its important to know the rules

Disclosures, initiation of the process, the


arbitration process, etc.
120

Deciding: Gathering Information


Establish
Due

process in advance

process

Opportunity for both parents to be


heard
Notice

121

Take-aways
The

PCs goal should be a good


decision, not a perfect decision.
The process should inspire
confidence, even if the decision
doesnt
The Law of no surprises

122

CANADIAN
ARBITRATION:
STATUES AND PC
PRACTICES
Barbara Jo Fidler, Ph.D. ,
C.Psych., AccFM
123

DECISION-MAKING
(ARBITRATION) PHASE
When

parents cannot resolve disputes,


PC makes binding decisions on
consent to extent described in court
order and Agreement
PC should not initiate services without
court order or consent agreement
Limited scope of decision making in
contrast to mediation/arbitration
If joint legal custody, may make major
decisions
124

DECISIONS EXCLUDED FROM


MANDATE TO ARBITRATE

Relocation (change in geographic


residence)

Legal custody (decision making


authority re: major decisions, i.e.,
medical/health, education, religion)

Permanent residential schedule


(changes that substantially reduce or
expand time; would potentially impact
child support)
125

LEGAL FRAMEWORK FOR


ARBITRATION
Arbitrations

governed by Arbitration Act


1991 AND Family Law Act (latter
prevails in a conflict)
Family law arbitrations now
differentiated from other arbitrations
under Act (in effect Sept 1.07)
no faith-based arbitrations
must rely on Ontario or other provincial
legislation
Family

Statute Law Amendment Act, 06


amends Arbitration Act,91
126

PC is a SECONDARY
ARBITRATION -- FLA 59.7(1)
Can

be agreed to in advance of a
dispute; as part of separation
agreement or parenting plan
a family arbitration that is conducted
in accordance with a separation
agreement, a court order, or a family
arbitration award that provides the
arbitration of possible future disputes
relating to the ongoing management or
implementation of the agreement,
order or award
127

RECENT CHANGES IN LEGISLATION


(RIGHT OF APPEAL)

Family Statute Law Amendment Act, 2006


Can no longer contract out of appeal
Impacts finality of decisions, the very objective of
PC

Appeal on error of law, fact, mixed fact and law

Must appeal within 30 days of delivery of award


(some exceptions)

Parens Patriae (s.56 FLA) courts have ultimate


jurisdiction over childrens best interests

Various Grounds to set aside (s.46 Arb. Act)

Case law (med/arb): unlikely to overturn or intervene


128

NATURAL JUSTICE, FAIRNESS AND


EQUALITY (s 19. ARBITRATION ACT)

Practice differs than some other jurisdictions


in USA

Must be treated fairly and equally

Have adequate notice of time and place of


hearing (conference call, meeting, written)

Clearly know the case to be met

Be allowed to give evidence and cross


examine

Be allowed to make submissions and


respond to other partys submissions

129

EXAMPLE: KAINZ V POTTER


Mother
To

appealed on basis of s19

be set aside due for unfairness

Court

said: same standard does not


apply to non-legally trained person BUT
must still be fair process

Ordered

new arbitrator/arbitration

Court

did not assume jurisdiction


(Parens Patriae); upheld Separation
Agreement to arbitrate
130

AWARD CAN BECOME AN ORDER


s.50(3) (Arb. Act)
Court

obliged to incorporate
award into order unless:
The 30 day period for commencing
appeal has not elapsed
There is pending appeal or
application to set aside award
Award has been set aside or declared
invalid
131

ADDITIONAL LEGAL
REQUIREMENTS
Screening for DV report required
Records
Copy of separation agreement, court order or
family arbitration award authorizing PC
Evidence presented and considered
Notes taken during hearing, if any
Award and written reasons
Kept for at least 10 years after date of award
Anonymous reporting to Ministry of the
Attorney

132

Case Examples

133
133

Writing Agreements,
Recommendations
and Orders
Joan B. Kelly, Ph.D.

134

Learn to Think & Write


Like a Lawyer!

Majority of psychologists not required to draft


precise documents (exceptions: mediators, child
custody evaluators, authors of social science journal
articles

Good drafting reduces parent conflict parents


know what is expected, behavioral boundaries are
set, and compliance can be measured

Psychologists PCs must rise to the level of scrutiny


and analysis common to family lawyers and:
Check if agreement/order is comprehensive, addresses
issues
Eliminate or re-work grey areas that parents often exploit
Write in organized, concise, clear manner that will stand up
135
to scrutiny of parents, lawyers, court

Writing Agreements & Orders:


Preparation Phase

What is the specific dispute or set of disputes &


facts requiring a decision or recommendation?
Do you have the authority to decide this?
Have you talked to all persons relevant to this
dispute? Are your notes complete?
How does the child benefit from this decision?
What dimensions of your decision/recommendation
must be spelled out? (e.g., time, place, parents
responsibilities, health issues, scheduling medical
appointments, child activities, signups & fees,
parent attendance at events, travel schedules &
arrangements, passports, summer scheduling of
camps and vacations, etc.)
136

Writing Agreements & Orders:


Drafting Phase

Use outline and brief paragraph format rather


than lengthy paragraphs (helps focus parents)
Use focused language, short sentences if you
ramble your thinking isnt clear
No jargon, use understandable language
Number & label each decision made separately
Include the rationale for your decision(s) or
recommendation(s) after statement of each
decision (can put on separate page, numbered)
Reference any relevant statutes, prior court
orders or amended decisions and agreements
137

Writing Agreements & Orders:


Drafting Phase (2)

Describe your inquiry process and sources of


information as relevant and appropriate,
including documents, conversations (with
dates) and/or emails with parents, doctors,
teachers, therapists, child, tutor, etc.

In Canada, reference procedures required by


arbitration statute

Set final version aside for later review


138

Writing Agreements & Orders:


Review

Is the statement of decision clear?

Have you closed all possible loopholes?

Is your language respectful? Has any hostility


toward one or both parents leaked through?

Do you feel your decision is a good one and


accounted for all the relevant factors?

Will you phone, email, or mail the document to


parents? Who else will receive the document?

Save written agreements, decisions, recs in safe


place, and make back ups
139

Examples
The

Smiths:

Medication order
Girls Chorus order
Swimming order
Selection of dentist

140

Practicing at the
Intersection of
Psychology and Law
Debra K. Carter, Ph.D.
Shirley Ann Higuchi, J.D.

141

Parenting Coordination:
A Bridge Between
Psychology & Law
Legal

perspective

Mental

Health perspective

Interdisciplinary

approach enhances
and empowers the PC process

142

Anticipated Collisions
Different

Ethical Guidelines and


Obligations

Who

is the client?

Reasonable

Resolutions

143

When Law and Mental Health


Priorities Differ
Mitigating

damages

What

is the desired or anticipated


outcome of the PC process?

144

Educating and Informing: An


Essential Role for the PC
Attorneys
Members

of the Judiciary

Other

Mental Health Professionals


involved in the process

145

Legislative Involvement
Working

with stakeholders to develop


laws or rules that give direction to the
process
State or Provincial Bar Associations
State or Provincial Psychological Associations
Other Mental Health Professional Organizations
Domestic Violence Advocates
Legal Aid Advocates
Court Administration
146

Question and Answer

147

LUNCH
12:00-1:00

148

Good Parenting
Coordination
Practices
149

Setting boundaries
Robin M. Deutsch, Ph.D.

150

Setting boundaries with parents


at beginning

Define Role clearly


Hybrid role
Not therapy

Describe communication process with PC


Email or phone
To settle disputes, information shared with
other party
When or if ex parte communications
Timeliness of responses
Process by which decisions are made
151

Setting boundaries with parents


at beginning
Describe

billing procedure

Retainer policy
Cancellation/nonappearance
Division of fees
Non-payment policy
Discuss

ground rules

No Yelling or berating
Everyone gets a turn
Stay focused on issue at hand
Focus on childrens best interests

152

Boundary challenges

Pull:
Idealization
fame and celebrity
money and lifestyle

Push:

bad behavior
threats
demands
outstanding bill
challenge competence, ethics, and impartiality
153

Management of Parent

Communications
Detailed parenting plans as
disengagement
Matthew J. Sullivan, Ph.D.

154

Co-parent training in
the PC Process
Clear

demarcation of new ADR


process
Let go of the legal/adversarial process
The rules are changing
You dont have to work with the other
parent, just with the PC and the rules
Disengagement with the co-parent,
moving towards functional engagement

Manageability, protection
155

156

Disengagement: Structuring Coparenting in H-C situations


The

PC is the interface between the


parents Titrating the communication/contact so
that it is functional and manageable
Face to face meetings - structure
Telephone conference calls
Email - timely, can control receipt, response,
documented
Fax, letter
No contact, except through PC
157

158

159

Disengagement using the


Parenting Plan
Crafting

the Parenting Plan

Handout Parenting Plan Musts


Handout Sample Parenting Plan
Provisions
Implementing

the Parenting Plan

The devil is in the details, conflict breeds in


the grey areas
Training in using our constitution
160

GOOD PC PRACTICE:
Managing Noncompliance
Barbara Jo Fidler, Ph.D. ,
C.Psych., AccFM

161
161

THE GOOD AND THE BAD NEWS


Build sanctions into parenting plan
Get parents to suggest what these ought
to be
Limit possibility for noncompliance with:
Highly detailed parenting plans and
Awards
Anticipate potential areas of conflict (do
annual calendar)
E.g., removal of right of first refusal
clause?

162

THE GOOD AND THE BAD NEWS


PC

has no power to enforce an Award

Ultimately

court deals with noncompliance via


contempt motions

Parent

must bring application to court for


enforcement

Court

no longer involved

PC may:

Report

Arbitrate giving finding or Award of a breach,


which can then used in court

163

Roberta Eisen, M.Ed., LPC

164

Taking Care of the PC


Keep

clear boundaries at all times with


the clients and the lawyers
Debrief with colleagues
Form PC support groups seek
supervision
Take care of yourself-listen to yourself
Balance your practice
Be mindful of the cases that you accept
Avoid burnout-lots of volatility
165

Involving Children in
the Parenting
Coordination
Joan B. Kelly,Process
Ph.D.

166

Why Talk to Children and


Adolescents in the PC Process?
Child

comes into focus for PC & parents


Child feels heard without ceding control
Children good observers of family life
PC obtains specific input relevant to
parental dispute(s) and PC decisions
PC provides feedback to parents
through childs voice re: what is
important to child
Kelly, 2002; Sanchez & Kibler-Sanchez, 2004
167

Including Children in PC
Process: Advantages

Obtain more integrated view of family

Understand the childs experience in high


conflict family

Explore views of how things are working for


child: i.e., parenting plan, parenting, and
child-parent relationships

Explore childrens specific desires & ideas re:


summers, activities, sports, parental
attendance at events

PC takes child out of middle of dispute and


supports childs wish not to be used in this
way

168

Research on Interviewing Children:


Childrens Views

Children have positive evaluations of the


opportunity to be heard (in all forums studied)
Feel acknowledged re: centrality of issues to their
lives
Feel being heard led to better decisions & outcomes
Most feel comfortable in interview situation

In contested cases with history of violence,


abuse, high conflict, children more often want to
talk directly with a judge than in uncontested
cases to be sure their views are heard correctly
Cashmore & Parkinson, 2008; Gallop et al 2000; IICRD
evaluation, 2008; Smart & Neale, 2000
169

Research on Interviewing Children:


Parents Views

Majority of parents felt that children should be


heard

Reasons: procedural justice, fairness, its


their life, better decisions and outcomes

More parents than children worried about


pressure and manipulation of views of child

Less certain about appropriate age of children


(unlike children who said those over age of 7
should be asked)
Cashmore & Parkinson, 2008
170

Most Children and Adolescents


They want to
beClear
involved and heard in
are
matters that affect them
They understand the difference
between providing input and
making decisions
They prefer voluntary input and want
the right not to be heard
Many wish they could talk with family
members rather than professionals

Cashmore & Parkinson, 2008; Gollop, et al, 2000; Kelly,


2002; Kelly, 2007; Parkinson & Cashmore, 2008; Smith
et al, 2003; Smart, 2002; Taylor, 2006.
171

Reasons not to Listen to


Children

Parents are able to reach agreement on


disputes with PCs assistance
Dispute not directly relevant to child
Child is too young to provide reliable
information
Child has strong anxiety or opposition to
participating in process
Child traumatized by violence, abuse, mental
illness, afraid of talking about their views

Kelly, 2002; Saposnek, 2004; Warshak, 2003


172

Potential Risks in Listening


to Children
Child

vulnerable to parent pressure and


manipulation
Child fears punitive response by parent
Worries about parental well-being
Unstable opinions and wishes
Unhealthy identification with a parent
What child says he/she wants may not
be in childs best interest
Saposnek, 2004; Warshak, 2003
173

Potential PC Problems in Talking


and Listening to Children
PC lacks understanding of childrens
developmental and psychological needs
Poor interview techniques yield poor
information
PC uses confirmatory strategies to get
answers that PC thinks are correct
PC language and questions not age
appropriate
Too therapeutic, vague, lacking structure
Dismissal of childs views by PC

Kelly, 2002
174

Child Sessions with PC

Not therapy or counseling

No diagnoses, no assessment

Two types of interviews:


Initial getting to know session(s)
Additional sessions for learning specific
views & wishes of child about parental
dispute(s)

Review of childs views for feedback to


parents and/or decision making
Kelly, 2002, 2008
175

The Structured Child Interview

Information gathering purpose PC is


open, direct, matter of fact re: dispute(s)

Structured and child-focused

On as needed basis

Separate sessions for each child

For ages 6 -17

Joint sessions with 1 or more children as


seen appropriate by PC
Kelly, 2002
176

Listening & Talking to Children

If PC has talked to teacher(s) or therapist,


summarize purpose and content

Solicit advice for parents to improve childs


family situation & emotional environment

School observation not usually needed

If child has therapist, tutor, special ed, decide


if PC interviews are needed

Can children request interview or call PC?


177

Knowledge Base for


Interviewing Children

Empirical research on childrens reactions


to separation, divorce, conflict (by age)

Research on effective parenting and


parent-child relationships after separation

Impact of types of conflict on children

Child development (attachments, agerelated language, thinking & social skills,


anger, alignments, normative activities,
peer relationships)
178

Skills for Interviewing Children

Master of interviewing skills

Communication skills
Clarity in word choice, short sentences
Use of empathy
Use of appropriate questions
Restating and reframing
Summarizing

Sensitivity to childs needs and anxiety

Comfortable talking with children


179

Examples of Parent Disputes


and Use of Child Interviews
Adolescent

and school dance (phone)


7 year old and summer camp
13 year old and summer school

180

Ethical dilemmas,
issues
Robin M. Deutsch, Ph.D.

181

Competence
Hybrid

skills

Core

role = hybrid knowledge and

Competencies

Psychological knowledge
Applicable legal knowledge
Mediation skills
Skill

and expertise in any special


issues specific to case
182

APA Ethics Code(2002)

Provide services only within boundaries of their


competence, based on their education, training,
supervised experience, consultation, study, or
professional experience (2.01a)
For emerging areas in which generally recognized
standards for preparatory training do not yet
exist, we take reasonable steps to ensure
competence and to protect patients form harm
(2.01e)
When assuming forensic roles, psychologists are
to become reasonably familiar with the judicial or
administrative rules governing their role (2.10f)
183

Consent

Parties must understand and agree to the PCs


role at the outset
PC provides information about responsibilities and
areas of decision making
PC clarifies process of decision making
PC provides information about:
Limits of confidentiality and /or privilege
Duties of the PC
Limitations of PCs role

Informed consent is an ongoing process


If any changes occur, updated consent process
must take place
184

Role Clarity
Avoid

role shifts
Avoid personal and business
relationships with parties or relatives
Avoid multiple professional relationships,
e.g. therapeutic and forensic
Avoid services to parties directly related
to PC process
Establish clear boundaries with parties
and counsel
185

Impartiality/Bias
Gather

information fairly and evenly


Decisions represent interests of each
party
Rationale clearly articulated
Address perceptions of bias promptly

186

Record Keeping

Records are accurate and sufficiently


detailed, legible and comprehensive
For each PC meeting (in person or phone) include
date, time, duration, persons in attendance

Records provide sufficient foundation for any


decisions
All agreements made by the parents are
dated and as much as possible written
bilaterally
Records may be accessed through court
order or subpoena

187

Trouble - beware
Rules

are faulty

Rules are not detailed or explicit


enough
Failure

to maintain boundaries

Demands, criticism, threats


Bias
Exhaustion and frustration
188

Pitfalls
Lack

of definition of scope of authority


Role definition unclear
Appointment not detailed enough
Issues at hand outside of PCs
expertise
Bias affects decision making
Uneven gathering of information
Fees and payment
189

Risk Management
Court

order or consent agreement

Qualified

and competent

Consultation
Manageable

with peers
Case load

Maximum

liability coverage as
provided by professional liability
insurer
190

Development of
Ethics
Rules in Florida
Debra K. Carter, PhD

191

Ethical Issues In PC Practice


Ethical

Guidelines for Parenting


Coordinators in Florida
History & Development
Application
Endorsement
Aspirational Goals

192

Ethical Guidelines for Parenting


Coordinators in Florida
Ethical

Principles

Ethical

Standards of Conduct

193

Ethical Standards of Conduct


Competence & Integrity
Privacy
Financial Arrangements
Documentation & Maintenance of Records
Safety & Protection for All

194

Ethical Standards of Conduct


Advertising

Statements

Education

& Other Public

& Training

Responsibility

to the Courts

Responsibility

to the Profession

Resolving

Ethical Issues
195

Break
2:30-2:45

196

Managing the PC
Practice
Forms
Releases
HIPAA
Documents

for File
Questionnaires
Debra K. Carter, Ph.D.
197

MANAGING PC PRACTICE:
Fees, Billing, Failure to
Pay
Barbara Jo Fidler, Ph.D. ,
C.Psych., AccFM

198
198

PRACTICE MUSTS

Detailed and unambiguous terms in PC


Agreement
For all services (voice mail, email, contact with
collaterals, etc.)

Need for both parents to contribute something


Always have retainer PLUS security deposit
What if one does not pay? Ethical issues?
Can proceed if one defaults and the other pays all
Award can reflect this in costs Award

Can reallocate costs for misuse, overuse


Detailed statements (and DETAILED record
keeping)

199
199

Forming the Collaborative


Team

Matthew J. Sullivan, Ph.D.

200

Case Management

The Coordination Role

Specific Goals: Supervised visitation,


substance abuse, domestic violence, special
issues (health, education),
alienation/estrangement

Treatment plans: initiation, support and


monitoring and coordination

Professionals and non-professionals who are


involved with the family: caught in the
middle of conflict (alignment, withdrawal)
201

The Collaborative Team


The evaluator
Attorneys
Mental health professionals
Child therapists, parent
therapists
Other professionals
Physicians, nannies, teachers,
coaches, tutors
Extended family/significant others

202

203

Collaborative Teams
PC

is organizer/leader

Parameters in place to protect team


Confidentiality, releases, control of information

Goals and specific plans, coordinating,


monitoring, modifying
Collaborative system around family
Professional loyalty/client loyalty

Teams involvement in co-parenting issues


Protecting

the therapeutic relationship

204

Note-Taking as PC
Joan B. Kelly, Ph.D.

205

On The Importance Of Notes And


Written Records
Take detailed & relevant notes to refer to in
making and drafting decisions
Use childrens ideas, quotes, observations
in helping parents develop understanding
and empathy for childs position in family
Get school and medical records, not just
telephonic information
Good notes promote parent confidence
Fear not the subpoena to testify
Use discretion in noting personal info

206

Office Staff
comportment,
responsibilities
Robin M. Deutsch, Ph.D.

207

Office Staff Comportment,


responsibility
Confidentiality
Front

line = boundaries

Telephone:

rude, demanding,
threatening behaviors from clients

Scheduling
Records:
Caucus

maintenance

space
208

Practicing within the


Family Court Setting
Roberta Eisen, M.Ed., LPC

209

Practicing within the Court


setting
Judge

refers a case for PC-referral


process different

PC

office screens cases for:

Substance abuse, Domestic violence, mental


illness, child abuse
Cases are rejected with high risk issues

Clients are ordered to the program without a


lot of knowledge about what a PC does
Clients are not paying for the serviceprotracted battles do not cost them anything
financially

210

The Court PC Program

Expectations are equally as high as private


cases, but tendency is to want results more
quickly
Have less resources and knowledge to obtain
the additional services that they may need
Role of the PC defined by the model of the PC
program (collaboration between the Judge and
PC program-client has limited input)
Ordered to the program -may be more
resistant, non-compliant and sometimes less
motivated
All cases have decision-making authority
Term of the PC not defined

211

The Court Program


Greater

need for more in-person


meetings-more hand-holding

Clients

are not as well informed

E-mails

are sometimes used, but often


can blur boundaries

Testify

and report regularly in Court

More

accountable to the Court-status


hearings
212

Questions and Answers

213