Points of interest:
- Considering multiple factors
- Child centered approach
- Parent-child contact problems-PCCP
- Statement-National Council of Juvenile & Family Court Judges
- Updated guidelines
- Parent-child relationships
- In essence...
Introduction
As researchers continue to gain insight into the ways parent-child relationships may shift during family court proceedings, some family law professionals have expanded beyond defining behavioral changes between parents, co-parents, and children in cases of parental alienating behaviors.
Indeed, researchers are considering other factors that may impact co-parenting and the parent-child relationship.
Comprehensive assessent
By conducting a comprehensive assessment of family characteristics, researchers aim to broaden the range of potential factors using a family systems lens rather than solely focusing on identifying parental alienating behaviors (Garber, 2020; Nielsen, 2018b).
Suggesting...
It is necessary to consider multiple factors, adopt a child-centered approach, and thoroughly examine all elements of the situation to ensure that court decisions are made in the child’s best interest.
Indicating...
For example, to conduct a comprehensive assessment of the family, it is important to evaluate parent-child contact problems (PCCP), which involve exploring various aspects of the parent-child relationship, including refuse and resist dynamics (RRD) (Garber, 2020) and resisting or refusing contact (RRC) (Pruett et al., 2023), to facilitate a comprehensive assessment of the family.
Because...
Researchers Pruett, Johnston, Saini, Sullivan, and Salem (2023) describe parent-child-contact problems as encompassing parental alienation, parental alienation syndrome, parental alienation behaviors, resist-refuse dynamics, and parental estrangement (p. 377).
Considering the growing awareness of PCCP (Polak & Moran, 2017), seeking solutions through family court (Pruett et al., 2023), and utilizing court time for ongoing issues (Rosenfeld, 2020), accurately assessing the parent-child relationship should be paramount when making decisions that affect the child’s best interest (Deutsch et al., 2020; Garber, 2020; Johnston & Sullivan, 2020).
For example...
Taking into consideration that ascribing a child’s emotional reaction to leaving one parent as not wanting to go to their other parent could be interpreted as a “resist-refusal” behavior, potentially impacting court rulings (Garber, 2020) and leading to negative outcomes for the child (Judge & Deutsch, 2016; Warshak, 2020).
Assessment process
Why...
The process for assessing parent-child relationships in family court matters continues to expand. Through the collaborative efforts of two groups working in the family court arena, the Association of Families and Conciliation Courts (AFCC) and the National Council of Juvenile and Family Court Judges (NCJFCJ), a joint statement was released as a guide for assessing PCCP (Association of Families and Conciliation Courts, 2022).
The guidelines address parent-child contact problems influenced by political beliefs, discord with research and interventions, and the use of services and views among family law professionals (Association of Families and Conciliation Courts, 2022).
This provides six child-centered considerations for assessing families and guiding the evaluation process.
Joint Statement on Parent-Child Contact Problems by the Association of Families and Conciliation Courts) and National Council of Juvenile
Item, consideration and overview are presented:
1 | Adopt a child -centered approach. | Children’s behavior should be considered in the context of what is normal for a child’s age, developmental stage, and the family socio-cultural-religious norms. |
2 | Increase competence in working with PCCP. | Specialized knowledge and skill are necessary to work effectively with families with parent-child contact problems. |
3 | Screen for safety, conflict, and PCCP. | Practitioners should, in all cases, employ a structured & evidence-informed screening for family risk factors. |
4 | Fully consider all factors that may contribute to PCCP. | There should be no immediate label used for parent-child contact problems as there are multiple factors and dynamics that may account for these issues. Therefore, practitioners should maintain a broad lens and sufficiently consider the relative contribution of each potential factor before conclusions are made re: cause. |
5 | Conduct individual case analysis. | Social science research findings can provide the field with valuable information about the group studied but cannot be used to determine the characteristics or experiences of individual parties or children; therefore, each family/case/situation must be specifically examined and informed by the best available evidence. |
6 | Refer to appropriate & proportional services and interventions. | Practitioners should exercise care in recommending, referring, or ordering family members to services and interventions. Such services and interventions should be informed by a child-centered approach. |
Changes over time
Important changes have been seen in child and family court matters over time.
For example...
The recent edition of the American Psychological Association (APA) Guidelines for Child Custody Evaluations in Family Law Proceedings (American Psychological, 2022) incorporates these evolving changes in family law.
The updated guidelines replace the 2010 version (American Psychological Association, 2010) and address current concerns including, but not limited to, cultural matters, recommendations regarding family violence, and the assessment and treatment of families (American Psychological, 2022).
Indicating...
The ultimate goal is to promote the child’s well-being and provide appropriate professional support to foster healthy parent-child relationships.
As research progresses on the parent-child dynamic in family court matters, agreeing on terminology between mental health and legal professionals could ease communication and provide a basis for understanding (Garber, 2020; Warshak, 2020).
Parent-child relationships
Spending time together can significantly influence parent-child relationships amid family court matters (Baker & Ben-Ami, 2011; Baker & Verrocchio, 2015).
Because...
Additionally, the co-parenting arrangements arising from family court rulings can make a difference in the child’s overall well-being, either positively or negatively.
According to Braver, Ellmam, Vortruba, and Fabricius (2009), researchers suggest that parental involvement benefits both the child and co-parents and influences the quality of the co-parenting relationship, which is characterized by low levels of conflict and increased levels of cooperation (Ferraro et al., 2016).
Advocates of shared parenting highlight the potential benefits of equal co-parenting arrangements (Ben-Ami & Baker, 2012; Bernet et al., 2015; Harman et al., 2019; Kelly & Johnston, 2001; Kruk, 2018; Lorandos et al., 2013; Lowenstein, 2010; Nielsen, 2018a; Poustie et al., 2018; Rowlands, 2018; Wallerstein & Kelly, 1976; Warshak, 2014).
However, it is necessary to evaluate the relationship between the parent and their co-parent, and the child’s relationship with each parent to ensure protection against violence and abuse and meet the emotional and physical needs of both children and parents (Stark et al., 2019).
Suggesting...
The two opposing perspectives on the same issue — advocates for women and children, and advocates for fathers and shared parenting — each hold firm binary viewpoints.
This point is highlighted among advocates for prioritizing the well-being of women and children in court decisions regarding the amount of time a child spends with each parent (Eilers, 2019).
Why
It is crucial to consider a parent’s reported actions of abuse by one parent as a means of protecting themselves and their child (Eilers, 2019; Stark et al., 2019).
Parents and children who experience abuse, and children who observe DV (Johnston & Sullivan, 2020) are more likely to face prolonged mental and physical health challenges (Deutsch et al., 2020; Nielsen, 2018b).
Because...
Individuals who advocate for fathers and shared parenting express concern that unequal parenting arrangements can lead to an increased risk of parental alienating behaviors.
These advocates also highlight the negative effects of exposure to alienating behaviors on the emotional (Ben-Ami & Baker, 2012; Bernet et al., 2015; Verrocchio et al., 2019) and physical health (Verrocchio et al., 2018) of the affected parent.
Vassiliou and Cartwright (2001) conducted a survey involving six co-parents (five fathers and one mother), with participants expressing regret over past behavior towards their ex-spouses as well as a strong desire to avoid the experience of parental alienating behaviors. Although a small sample size, the results speak to parents’ emotional distress as a result of parental alienating behaviors (Vassiliou & Cartwright, 2001).
In essence...
This review outlines the concepts of parent-child relationships within the context of family court decisions and provides the necessary information to understand the concept of parenting arrangements. The research literature shows possible connections between court decisions and the parent-child relationship.
From a conceptual standpoint, examining parenting arrangements and the parent-child relationship suggests that the amount of time a child spends with a parent can contribute to a secure bond, with long-lasting positive effects on the child’s emotional development.
However, research suggests that a closer examination of co-parent and parent-child relationships is crucial during family court cases to identify abuse or other issues that could have lasting negative consequences for the child.
Moving forward, it is logical to connect the research questions to a theoretical framework and further explore the impact of parenting arrangements on parent-child relationships within the context of parental alienating behaviors.
