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Jan Faust, Ph.D. Nova Southeastern University
And Independent Practice
Paper Presented at the Annual Legislative Update of the Florida Bar 2009
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Parenting Coordination: Conflict Resolution Alternative
Conflict between married/co-habitating parents is detrimental to children both in the short and long term.
Interparental conflict is more deleterious for children post dissolution of the adult relationship than while the couple is married/co-habitating.
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Child effects are exacerbated if:
One or both parents experience financial problems post divorce.
Parental depression is present.Child unable to maintain positive
relationships with BOTH parents.Parenting practices are adversely impacted
by divorce:“Diminished Capacity to Parent”
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Parental Conflict Children exposed to interparental conflict:
Experience internalizing behavior problems (e.g., anxiety and depressive symptoms)
Experience disruptive behavior problems (e.g., increased aggression)
Academic Difficulties Social/ Emotional maladjustment as well as
academic problems Long term effects post divorce:
Can adversely impact children in their own romantic relationships in adolescence and early adulthood
Lower educational attainmentCompounding effect of conflict
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Alternate Forms of Conflict Resolution/InterventionVarious vehicles of conflict resolution
available to attorneys and judges:Referral for mediationReferrals for therapeutic mediationReferrals to mental health practitioners for
treatment and/or evaluationUse of a parenting coordinatorUse of a GAL
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Core Differences Among These Conflict Resolution Forms
Some address conflict more directly (e.g. parent coordination) while others address more indirectly (e.g., recommendations made by a GAL)
Varying levels of the role of litigation
Differences in individuals involved in intervention
Differences in confidentiality of content and process
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(Asterisk indicates with mediation training)
AssessmentDevelopment of Parenting Plans
Parent Coordination
Parent/Child Reunification
Therapy
Crisis Intervention
Therapy
Guardian Ad Litem
Yes, limited to:•Social
Investigation•Child/ Parent
Interviews•Continuous/ •On-going
Yes No No
YesStatutory:
Child Maltreatment/ DV
No
Mediator No
Yes- in the context of Mediation or PC if Masters Degree in mental health
Yes, limited to: those with
Masters Degree in mental health
No
YesStatutory:
Child Maltreatment/ DV
No
Licensed Psychologist*(Licensed at
doctoral level; Ph.D., Psy.D.)
Yes (unlimited)•Non-continuous
Yes Yes Yes Yes Yes
Other Licensed Mental Health
Practioner(Licensed at
Masters Level; L.M.H.C.,
L.C.S.W., Nurse Practioner)
Yes, limited to:•Social
Investigation•Child/ Parent
Interviews
Yes Yes Yes Yes Yes
Attorneys* No Yes Yes NoYes
Statutory: Child Maltreatment/ DV
No
Psychiatry* Yes, but limited Yes Yes Yes Yes Yes
Clergy*(without mental health degree)
No ? ? No YesYes, limited to: scope of regular
ministerial duties7
Purpose and Goals of Parenting Coordination
Purpose: Assist the parties in creating a parenting plan; Assist the parties in effectuating a parenting plan as issues arise regarding parents’ ability to implement a parenting plan and/or as conflict arises during the implementation of a parenting plan
Goal: Professional teaches the parents parenting, communication, and problem solving skills
Different from mediation/ therapeutic mediation 8
I. Professional Requirements (one of the following):
A. Licensed Mental Health Professional (Chapters 490 or 491)
B. Licensed Physician and certified by the American Board of Psychiatry and Neurology
C. Family Law Mediator, certified by Florida Supreme Court with at least a Master’s Degree in a mental health field
D. Member of the Florida BarMust be a member in “good standing” in all
professions.
Parent Coordinator Statutory Qualifications:
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Parent Coordinator Statutory Qualifications (Continued):II. Complete all of the following: A. Three years of post licensure / postcert.
practice B. Completion of Florida Supreme Court
certified Family Mediation Program C. A minimum of 24 hours of parenting
coordination training Includes: concepts and ethics, family systems
theory and application, family dynamics in separation and divorce, child and adolescent development, PC techniques, Florida Family Law and Procedure, and at least 4 hours DV and child abuse training 10
Parenting Coordination and Confidentiality
Confidentiality of communications made by parties in parenting coordination sessions
Exemptions to confidentiality:To authenticate or deny written
agreement entered into by the partiesTestimony/evidence necessary to
identify for Court issue for resolution (without disclosing communications)
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Parenting Coordination and Confidentiality (Continued)Exemptions to confidentiality (continued):
Testimony limited to compliance with PC and other related Court Ordered referrals (e.g. counseling, evaluation) To notify Court PC no longer appropriate, PC is unable to continue in the role, PC not qualified to resolve specific issues in a case, PC no longer meets minimum qualifications to serve as PC
Parties waive confidentiality and allow PC testimony
Testimony/evidence necessary to protect individuals from abuse and maltreatment
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Other Statutory Considerations
Report of Emergency to the Court
Limitation of Liability
Statute to be enacted October 1, 2009- Provisions of this new statute may
require clarification
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P.C. for the Psychologist/ Mental Health Practitioner/ Attorney
Complex Cases
Motivation for Active ParticipationShould be intrinsic/ internal More often: financial, judicialMore often the maintenance of conflict is more
motivating than the perceived benefits of resolving the conflict
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Primary Areas to Address for Parent Coordination:Primary focus should be on:
Reduction of interparental conflictEnhancement of the quality of parent
relationships with the childrenEnhancement of parenting skillsEnhancement of problem solving skillsApplication of new skills to specific problems
with the additional goal of generalization for the “parenting life” of the child.
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Potential Parenting ObstaclesTypical areas of disagreement include:
Time sharing schedule (drop off/ pick up times and location of such)
Vacation /holiday schedulePhone calls to and from childrenCommunication about the children (e.g. medical
appts.)“Stuff”: clothes, books, sporting equipment Educational, medical and extra-curricular decisions Parental boundary issuesMoney/financial issues related to children
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Good Candidates for P.C. Those who can benefit from a skills based
resolution process
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Complications in Problem ResolutionMay wish to refer to other professional or
utilize a different form of intervention:Complicated bereavementPsychopathology of one or both parentsProtracted anger issuesEstrangementChildren with special needsChild abuse and domestic violence PC
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Parent Coordination Referral by Core Issue
Type of issue
Typical Issues
Time Sharing Issues
Basic Parenting Information
Basic Parenting Skills
Typical Couples Communication Skills
Basic Education Regarding Development
Attorneys
Psychologist/Mental Health
Counselors
Complicated Typical Issues
At least 1 parent with noted/ observed mental health illness
and/or personality disorder
At least 1 parent with complicated bereavement issues
Psychologist or other Counselor with Specialty
Training in Child and Family
Atypical IssuesParent Estrangement
Children with Special Needs
Nullifying Atypical Issues
Domestic Violence
Child Abuse/ Neglect
Judiciary
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Selected References Grych, J.H., Harold, G. T., & Miles, C.J. (2003). A prospective investigation
of appraisals as mediators of the link between interparental conflict and child adjustment. Child Development, 74(7), 1176-1193.
Harold, G.T., Aitken, J.J., & Shelton, K.S. (2007). Inter-parental conflict and children’s academic attainment: a longitudinal analysis. Journal of
Child Psychology and Psychiatry, 48(12), 1223-1232. Kim, K. L., Jackson, Y., Hunter, H.L, & Conrad, S. B. (2009). Interparental
conflict and adolescent dating relationships: The role of perceived threat and self-blame appraisals. Journal of Interpersonal Violence, 24 (5), 844-865.
Lansford, J.E. (2009). Parental divorce and children’s adjustment. Perspectives on Psychological Science, 4(2), 140-152.
Lindsey, E.W., Caldera, Y.M., & Tankersley, L. (2009). Marital conflict and the quality of young children’s peer play behavior: The mediating and moderating role of parent-child emotional reciprocity and attachment security. Journal of Family Psychology, 23 (2), 130-145.
Strohschein, L. (2007). Challening the presumption of diminished capacity to parent: Does divorce really change parenting practices? Family Relations, 56, 358-368.
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Contact Information Jan Faust, Ph.D.
Academic Address and Phone Number: Nova Southeastern University Center for Psychological Studies
3301 College Ave Fort Lauderdale, FL 33314/ 954-262-5713
Private Practice Address 1326 SE 3rd Ave Fort Lauderdale, FL 33316/ 954-562-1644
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