This article examines the role of attorneys in divorce from the per spectives of parents who have... more This article examines the role of attorneys in divorce from the per spectives of parents who have just completed a divorce, their young children, and the attorneys who represented the various family mem bers. The research from which the data is drawn consists of in-depth interviews, which were one aspect of a larger study project on "The Culture of Litigation: Impact on Divorcing Parents and Children."1 Thus, parents', children's, and attorneys' ideas pertaining to their posi tive and negative experiences are presented, with a particular emphasis on their analysis of, and reflections about, the role of lawyers during the divorce process. The role of attorneys in the divorce of parents with young children poses unique issues and concerns for all parties. From the parents' perspective, informational and supportive resources are in high de mand. Due to the plethora of new parenting responsibilities that coin cide with the separation and divorce, parental concerns about the well
Best wishes to our Family Court Review community for a joyous 2020! It seems like just yesterday,... more Best wishes to our Family Court Review community for a joyous 2020! It seems like just yesterday, although two decades have passed, that the world worried about a multitude of potential glitches when the millennium arrived! We have a New Year's treat for our readers, including a special issue on privacy protections within alternative dispute resolution processes, a feature on nonmarriage, a report from the 2019 Siben and Siben conference, two articles, and two student notes. Indeed, this issue contains something for everyone. We are very grateful for the hard work of our special issue editors, Gregory Firestone and Sharon Press, to assemble a wonderful collection of interdisciplinary and international articles on "dispute resolution communication protections." The vast array of family law cases worldwide increasingly includes some form of alternative dispute resolution, either court-ordered or encouraged by lawyers, services providers, and judges. These ADR methods involve varying degrees of privacy protections. The special issue authors inform us about the nature of available protections, some critiques of their limitations, and suggestions designed to improve both the processes and the outcomes. We thank each of the authors for their valuable contributions to the literature. We leave it to the special issue editors to introduce the articles in their Introduction/Guest Editorial Notes. Our feature on nonmarriage includes an introduction and two articles from a Roundtable on Nonmarriage held at Arizona State University Law School in March, 2019. The guest editors, Albertina Antognini, Naomi Cahn, Kaiponanea Matsumara, and Emily Stolzenberg, set the stage for a discussion of issues related to cohabitation in their "Perspectives on Nonmarital Relationships." They also introduce us to the special feature authors and their articles. We thank everyone involved for allowing FCR to publish their scholarship on this compelling issue that is affecting the lives of so many couples and their children. Emily Stolzenberg summarizes the proceedings from the March 29, 2019, Siben and Siben conference at the Maurice A. Deane School of Law at Hofstra University, "Plain and Simple: Making the Legal System Accessible to All." Conference organizers have addressed the need to simplify language within the laws themselves, as well as in legal processes and forms. Emily's report summarizes the conference presentations, includes suggestions from five conference working groups, and alerts us to activities following the conference. In the first of our two articles, the Honorable Peter Messitte writes about "Getting Tough on International Child Abduction." Judge Messitte is one of four American judges who serves on the International Network of Hague Judges. Readers may recall our April 2019 FCR special articles on the Hague Convention on the Civil Aspects of International Child Abduction. Judge Messitte's piece represents a continuation of that discussion by explaining how the Convention is supposed to function, problems with its operation, and suggestions for reform. We are thrilled to include Judge Messitte's valuable and unique perspective in this issue.
The debate about the benefits and drawbacks of overnight schedules for young children is hotly co... more The debate about the benefits and drawbacks of overnight schedules for young children is hotly contested in family law. This study investigated connections between occurrence of overnights, schedule consistency, number ofcaregivers, and young children's adjustment to parental separation and divorce. Families (N = 161) with children aged 6 years or younger were recruited at the time of filing for divorce or child custody (if unmarried); follow-up data were obtained from 132 families IS to 18 months later. Results indicated that parenting plan variables are related to children's social, cognitive, and emotional behavior, with caregivers and schedule consistency more salient than overnights. Girls benefited from overnights and more caregivers, whereas boys did not. Overnighting children aged 4 to 6 years when their parents tiled manifested fewer problems 1.5 years later than did younger children. Even when controlling for parental conflict and parent-child relationship variables, the constellation of parenting plan variables contributed to young children's adaptation.
The role the legal process of separation and divorce plays in affecting outcomes for young childr... more The role the legal process of separation and divorce plays in affecting outcomes for young children and their families was examined in the Collaborative Divorce Project (CDP), an intervention designed to assist the parents of children six years old or younger as they begin the separation /divorce process (married and unmarried couples). Evaluation and outcome data were collected from 161 couples, their attorneys, teachers, and court records. In addition to positive evaluations from both parents, intervention families benefited through lower conflict, greater father involvement, and better outcomes for children than the control group. Attorneys and court records indicate that intervention families were more cooperative and were less likely to need custody evaluations and other costly services. The CDP illustrates how prevention programs can be located within the courts, can be systematically evaluated, and can aid in helping the legal system function optimally for families with young children.
We are currently facing an unprecedented increase in adolescent mental health problems resulting ... more We are currently facing an unprecedented increase in adolescent mental health problems resulting in alarmingly high levels of depression, anxiety, and suicidality. Significant mental health problems among youth pose unique challenges to families in the process of separation and divorce, as well as to family law professionals across all disciplines. The current adolescent mental health crisis calls for new ways of approaching our work with high conflict families to promote family connectedness and shift away from adversarial approaches that may exacerbate conflict and further destabilize families. As a conclusion to the special issue on adolescent mental health needs, the authors make multidisciplinary best practices recommendations and advocate for systems level changes in recognition of the needs of youth in crisis at this pivotal developmental stage.
Bob Emery is a gentleman and a scholar. We know we speak for the worldwide Family Court Review (F... more Bob Emery is a gentleman and a scholar. We know we speak for the worldwide Family Court Review (FCR) readership as we thank Bob for his extraordinary contributions and service to the journal. We bid him adieu in this, his last issue as FCR Social Science Editor. Bob has served FCR with distinction since the publication of his first issue as Social Science Editor in January 2011. From that time until the publication of this January 2019 issue, Bob has overseen 33 issues of FCR, including 23 Special Issues. The breadth of those Special Issue topics provides a sense of the depth and scope of Bob's knowledge about all things family and child related,
This article looks at how four distinct programs contributed to the family law evidence‐base supp... more This article looks at how four distinct programs contributed to the family law evidence‐base supporting the desirability, effectiveness and cost‐effectiveness of family dispute resolution programs. The central program discussed is the Family Resolutions Specialty Court (FRSC), an alternative court‐based means of settling child‐related legal disputes. FRSC is based on research evidence, but it also incorporates clinical experience and wisdom along with empirical evidence. Evidence from similar models informed the development of the program, which was then shaped by a community process to reflect local laws, procedures and values. This maximized the potential for its acceptance in the community and its sustainability. Initial results demonstrate that parents and practitioners are highly satisfied with the program, and that parents reported better coparenting and parent–child relationships. To be effective, the parents had to be held accountable to each other and the court process. A process evaluation (research about the program) led to programmatic and procedural changes to serve the needs of parents in high conflict or with other special needs. FRSC provides a prime example of how to utilize science‐based evidence to adapt evidence‐informed programs to a local community in which it can thrive.
Journal of Educational and Psychological Consultation, Mar 1, 1998
School consultation is a complex process of communication and collaboration, the goal of which is... more School consultation is a complex process of communication and collaboration, the goal of which is to enhance the quality of education within a school organization. Although school personnel retain ultimate responsibility for the education of students, school consultants share some responsibility for the well-being of children attending the schools within which they work (Conoley & Conoley, 1982; Hughes, 1986). In a previous article, McMahon (1993) examined the concept of child advocacy from the perspective of the practitioner providing direct services to children in a school setting. In this article, we examine the concept from the perspective of external school consultants, illustrating how theory and methodology first presented more than 20 years ago can enhance decision making when consultants find
This article examines the role of attorneys in divorce from the per spectives of parents who have... more This article examines the role of attorneys in divorce from the per spectives of parents who have just completed a divorce, their young children, and the attorneys who represented the various family mem bers. The research from which the data is drawn consists of in-depth interviews, which were one aspect of a larger study project on "The Culture of Litigation: Impact on Divorcing Parents and Children."1 Thus, parents', children's, and attorneys' ideas pertaining to their posi tive and negative experiences are presented, with a particular emphasis on their analysis of, and reflections about, the role of lawyers during the divorce process. The role of attorneys in the divorce of parents with young children poses unique issues and concerns for all parties. From the parents' perspective, informational and supportive resources are in high de mand. Due to the plethora of new parenting responsibilities that coin cide with the separation and divorce, parental concerns about the well
Best wishes to our Family Court Review community for a joyous 2020! It seems like just yesterday,... more Best wishes to our Family Court Review community for a joyous 2020! It seems like just yesterday, although two decades have passed, that the world worried about a multitude of potential glitches when the millennium arrived! We have a New Year's treat for our readers, including a special issue on privacy protections within alternative dispute resolution processes, a feature on nonmarriage, a report from the 2019 Siben and Siben conference, two articles, and two student notes. Indeed, this issue contains something for everyone. We are very grateful for the hard work of our special issue editors, Gregory Firestone and Sharon Press, to assemble a wonderful collection of interdisciplinary and international articles on "dispute resolution communication protections." The vast array of family law cases worldwide increasingly includes some form of alternative dispute resolution, either court-ordered or encouraged by lawyers, services providers, and judges. These ADR methods involve varying degrees of privacy protections. The special issue authors inform us about the nature of available protections, some critiques of their limitations, and suggestions designed to improve both the processes and the outcomes. We thank each of the authors for their valuable contributions to the literature. We leave it to the special issue editors to introduce the articles in their Introduction/Guest Editorial Notes. Our feature on nonmarriage includes an introduction and two articles from a Roundtable on Nonmarriage held at Arizona State University Law School in March, 2019. The guest editors, Albertina Antognini, Naomi Cahn, Kaiponanea Matsumara, and Emily Stolzenberg, set the stage for a discussion of issues related to cohabitation in their "Perspectives on Nonmarital Relationships." They also introduce us to the special feature authors and their articles. We thank everyone involved for allowing FCR to publish their scholarship on this compelling issue that is affecting the lives of so many couples and their children. Emily Stolzenberg summarizes the proceedings from the March 29, 2019, Siben and Siben conference at the Maurice A. Deane School of Law at Hofstra University, "Plain and Simple: Making the Legal System Accessible to All." Conference organizers have addressed the need to simplify language within the laws themselves, as well as in legal processes and forms. Emily's report summarizes the conference presentations, includes suggestions from five conference working groups, and alerts us to activities following the conference. In the first of our two articles, the Honorable Peter Messitte writes about "Getting Tough on International Child Abduction." Judge Messitte is one of four American judges who serves on the International Network of Hague Judges. Readers may recall our April 2019 FCR special articles on the Hague Convention on the Civil Aspects of International Child Abduction. Judge Messitte's piece represents a continuation of that discussion by explaining how the Convention is supposed to function, problems with its operation, and suggestions for reform. We are thrilled to include Judge Messitte's valuable and unique perspective in this issue.
The debate about the benefits and drawbacks of overnight schedules for young children is hotly co... more The debate about the benefits and drawbacks of overnight schedules for young children is hotly contested in family law. This study investigated connections between occurrence of overnights, schedule consistency, number ofcaregivers, and young children's adjustment to parental separation and divorce. Families (N = 161) with children aged 6 years or younger were recruited at the time of filing for divorce or child custody (if unmarried); follow-up data were obtained from 132 families IS to 18 months later. Results indicated that parenting plan variables are related to children's social, cognitive, and emotional behavior, with caregivers and schedule consistency more salient than overnights. Girls benefited from overnights and more caregivers, whereas boys did not. Overnighting children aged 4 to 6 years when their parents tiled manifested fewer problems 1.5 years later than did younger children. Even when controlling for parental conflict and parent-child relationship variables, the constellation of parenting plan variables contributed to young children's adaptation.
The role the legal process of separation and divorce plays in affecting outcomes for young childr... more The role the legal process of separation and divorce plays in affecting outcomes for young children and their families was examined in the Collaborative Divorce Project (CDP), an intervention designed to assist the parents of children six years old or younger as they begin the separation /divorce process (married and unmarried couples). Evaluation and outcome data were collected from 161 couples, their attorneys, teachers, and court records. In addition to positive evaluations from both parents, intervention families benefited through lower conflict, greater father involvement, and better outcomes for children than the control group. Attorneys and court records indicate that intervention families were more cooperative and were less likely to need custody evaluations and other costly services. The CDP illustrates how prevention programs can be located within the courts, can be systematically evaluated, and can aid in helping the legal system function optimally for families with young children.
We are currently facing an unprecedented increase in adolescent mental health problems resulting ... more We are currently facing an unprecedented increase in adolescent mental health problems resulting in alarmingly high levels of depression, anxiety, and suicidality. Significant mental health problems among youth pose unique challenges to families in the process of separation and divorce, as well as to family law professionals across all disciplines. The current adolescent mental health crisis calls for new ways of approaching our work with high conflict families to promote family connectedness and shift away from adversarial approaches that may exacerbate conflict and further destabilize families. As a conclusion to the special issue on adolescent mental health needs, the authors make multidisciplinary best practices recommendations and advocate for systems level changes in recognition of the needs of youth in crisis at this pivotal developmental stage.
Bob Emery is a gentleman and a scholar. We know we speak for the worldwide Family Court Review (F... more Bob Emery is a gentleman and a scholar. We know we speak for the worldwide Family Court Review (FCR) readership as we thank Bob for his extraordinary contributions and service to the journal. We bid him adieu in this, his last issue as FCR Social Science Editor. Bob has served FCR with distinction since the publication of his first issue as Social Science Editor in January 2011. From that time until the publication of this January 2019 issue, Bob has overseen 33 issues of FCR, including 23 Special Issues. The breadth of those Special Issue topics provides a sense of the depth and scope of Bob's knowledge about all things family and child related,
This article looks at how four distinct programs contributed to the family law evidence‐base supp... more This article looks at how four distinct programs contributed to the family law evidence‐base supporting the desirability, effectiveness and cost‐effectiveness of family dispute resolution programs. The central program discussed is the Family Resolutions Specialty Court (FRSC), an alternative court‐based means of settling child‐related legal disputes. FRSC is based on research evidence, but it also incorporates clinical experience and wisdom along with empirical evidence. Evidence from similar models informed the development of the program, which was then shaped by a community process to reflect local laws, procedures and values. This maximized the potential for its acceptance in the community and its sustainability. Initial results demonstrate that parents and practitioners are highly satisfied with the program, and that parents reported better coparenting and parent–child relationships. To be effective, the parents had to be held accountable to each other and the court process. A process evaluation (research about the program) led to programmatic and procedural changes to serve the needs of parents in high conflict or with other special needs. FRSC provides a prime example of how to utilize science‐based evidence to adapt evidence‐informed programs to a local community in which it can thrive.
Journal of Educational and Psychological Consultation, Mar 1, 1998
School consultation is a complex process of communication and collaboration, the goal of which is... more School consultation is a complex process of communication and collaboration, the goal of which is to enhance the quality of education within a school organization. Although school personnel retain ultimate responsibility for the education of students, school consultants share some responsibility for the well-being of children attending the schools within which they work (Conoley & Conoley, 1982; Hughes, 1986). In a previous article, McMahon (1993) examined the concept of child advocacy from the perspective of the practitioner providing direct services to children in a school setting. In this article, we examine the concept from the perspective of external school consultants, illustrating how theory and methodology first presented more than 20 years ago can enhance decision making when consultants find
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