Practical Applications of Intensive Interventions for ...afcc-ca.org/downloads/wp-content/uploads/2015-conference/04... · Friday, February 6, 2015 • 12:30 p.m. to 4:45 p.m. Practical

Friday, February 6, 2015 • 12:30 p.m. to 4:45 p.m.

Practical Applications of Intensive Interventions for Children Who Resist/Refuse Contact with a Parent (I3)

PresentersRobin Deutsch, Ph.D.

John Moran, Ph.D.

Comm. Marjorie Slabach (Ret.)

Matthew Sullivan, Ph.D.

Abstract:Intensive interventions that address a child’s rejection of a parent in high conflict cases are inaccessible to most families who are faced with this issue. A panel instrumental in the development of intensive interven-tions (family camp, intensive weekend interventions, equestrian and recreational approaches) will bring their extensive knowledge to assist legal and mental health professionals who work in their day-to-day practice with these difficult shared custody situations. With a focus on systemic assessment of the factors that contrib-ute to the child’s response, structuring efficient and effective interventions with individual family members and their relationships and coordinating Court and Mental health interventions will be addressed. a

Outline:1. Intensive interventions: Lessons learned from intake, intensive program work and aftercare for

Court-involved professionals

2. Practical approaches to working with the rejected parent, the favored parent and the child(ren) rejecting a parent

3. Co-parenting work – building a bridge for the child to re-connect with a rejected parent

4. Break

5. Coordinating Mental health interventions: treatment planning and management, addressing splitting

6. The role of the Court and legal professionals in supporting interventions

7. Q+A

AFCC California Chapter • 423


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Child sResponse

Intense Marital Conflict

Divorce Conflict and Litigation

Aligned Professionals, Extended Families

Personality of Rejected Parent

Personality of Aligned Parent

HumiliatingSeparation

Child sVulnerability

Aligned Parent sNegative Beliefs, Behaviors

Rejected Parent sReactions

SiblingRelationships

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426 • www.afcc-ca.org

2015 AFCC-CA Annual Conference

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•  Decrease child’s feelings of fear, anger, discomfort or anxiety towards the rejected parent

•  Expand child’s and parents’ perspectives •  Change child’s perception / feelings towards a

less polarized view of each parent •  Reduce polarized views of each parent’s

contribution to the child’s resistance •  Decrease parental conflict •  Improve parenting skills •  Improve parent alliance and working relationships •  Improve parent-child relationships •  Decrease parent-child conflict •  Improve communication among all family

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Family Interventions When Children Resist Contact With A Parent Barbara Jo Fidler, Ph.D. & Tyler Sullivan & Robin Deutsch, Ph.D. AFCC Institute, May 28, 2014, Toronto

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FAMILY INTERVENTIONS WHEN CHILDREN RESIST CONTACT WITH A PARENT AFCC May 28, Toronto

Selections from Tool Kit

Examples of Interventions by Objective/Teaching Principle The following material (written, audio or audio-‐visual) is organized under a heading indicating the intervention objective or teaching principle. The material may be used with the family members in any combination, such as in a parent or child group, with parents individually, with co-‐parents, with whole family, with a single parent-‐child dyad, in group, camp, intensive or outpatient programs. Materials need to be screened for age appropriateness and suitability for each family member. Hope/Inspiration/Empathy/Compassion (may be used for icebreakers) Power of Words (1:47 min) Imagine – Emmanuel Kelly (8:25 min) Christian & the Lion (2:30 min) Bella & Tara (2:30 min) http://www.youtube.com/watch?v=cBtFTF2ii7U How to Get to Mars (6:32) Simple Gratitude – Louis Schwartzberg (9:55) TedxSF Metaphorical Stories (address feelings, hope, perspective taking) The Boy and the Tornado Unknown Author The Middle Wife Two Sets of Glasses Lessons from the Geese Social Conformity, Suggestibility, Mirror Neurons, Suggestibility, Emotions are Contagious Face the Rear (3:24 min): http://www.youtube.com/watch?v=HRFx7YU6eXE Solomon Asch Conformity Test http://www.youtube.com/watch?v=TYIh4MkcfJA Bystander Effect (3:36 min) http://www.youtube.com/watch?v=OSsPfbup0ac Stanley Milgram Experiment (5:59 min) http://www.youtube.com/watch?v=BcvSNg0HZwk Why is Yawning Contagious Contagious? (4:50 minutes) www.youtube.com/watch?v=IqG4G5Z02YQ




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Memory is Reconstructed & Fallible, Power of Language, Perceptual Errors, Power of Expectation Brian Bushwood (9 min): http://www.youtube.com/watch?v=bfhIuaD183I Elizabeth Loftus: False Memories Lost in a shopping mall -‐ www.youtube.com Loftus and Palmer: Auto Destruction (3:30 min) http://www.youtube.com/watch?v=8hwEUaOeuFQ Kissing Experiment (2:01 min) http://www.youtube.com/watch?v=hUZB7CM394w Multiple Perspective Taking, Selective Attention, Cognitive Distortions, Perceptual Errors Mixed Up Letters (slide) Optical Illusions (slides of a few) Awareness Test www.theinvisiblegorilla.com (5 min) Change Blindness http://www.youtube.com/watch?v=mAnKvofPs0 (5:60) Al Seckel: Your Mind's Eye www.YouTube.com Al Seckel www.illusionworks.com Everybody Loves Raymond – Can Opener (6.12 min) www.youtube.com/watch?v=XSQYydXVaQ0 Daniel Kahneman -‐ The Riddle of Experience & Memory (20 min) -‐ www.tedtv.com Joseph Hallinan-‐ Mistakes & Why We Make Them (8:50 min) http://www.youtube.com/watch?v=oxc0u-‐C0XEY Books For Kids: Madonna (2009). Mr. Peabody’s Apples Scieszka & Smith (1989). The True Story Of The 3 Little Pigs Impact of Separation on Adults, Loyalty Bind Friends: Monica’s Party (3 min) www.youtube.com/watch?v=D4zEqse0F2o W-‐5: Poisoned Minds (6.32 min) http://www.ctv.ca/w5/ Children’s Bill of Rights (2 min) www.youtube.com/watch?v=B0JZH_l16Nw Welcome Back, Pluto: Understanding, Preventing, and Overcoming Parental (DVD):

http://www.warshak.com/alienation/pluto-‐dvd-‐2.html Don’t Divorce Me (HBO) Parents develop a joint narrative about separation, goals for family, working together and deliver to children Books written by other kids about sep/divorce (Z. & E. Stern, 2008, Making Choice: Divorce is not the End of the World)


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Parent Education AFCC-‐Arizona – www.azafcc.org

o Co-‐Parenting Communication Guide (2011) o Parenting Communication Resources in High Conflict Cases

www.ourfamilywizard.com Eddy, BIFF (2011) -‐ www.highconflictinstitute.com Center on the Developing Mind -‐ developingchild.harvard.edu/ www.afccnet.org -‐ Resources for Families Benjamin Garber: www.healthyparent.com Isolina Ricci: www.theCoParentingToolkit.com Dan Siegel (wwwdrdansiegel.com; www.mindsight.com); Brainstorm; The Whole Brain Child www.cooperativeparentinginstitute.com Two Families Now – www.irised.com (4-‐6 hrs) www.breakthroughparenting.com (Jane Major) www.uptoparents.org Welcome Back Pluto (DVD-‐ Warshak & Otis; www.warshak.com) ourkidsnetwork.com (Halton Kids, Jean Clinton, Positive Parenting videos) Crossroads of Parenting & Divorce: 5 Steps to Prevent Divorce Abuse (Video & Discussion Program, Active Parenting (Publishers, Boyan & Termini, www.cooperativeparentinginstitute.com) www.cbc.ca/natureofthings/episode/surviving-‐the-‐teenage-‐brain.html Daniel Goleman, On Compassion - www.ted.com Brownstone, H. (2008). The Tug of War Harwick (2001). Dear Judge, Kids’ Letters to Judge Child Work Resources (to address feelings about separation/divorce, polarized thinking, impact of separation/divorce, critical thinking & problem solving skill development, etc.) www.lianalowenstein.com (Creative Interventions for Children of Divorce) www.cafcass.gov.uk/publications/our_work_with_children.aspx Pedro-‐Carroll-‐ Putting Children First, 2010 “I Don’t Want To Choose” www.amyjbaker.com Talking, Feeling & Doing Game (Gardner) The Ungame (Rhea Zakich) Show and Tell Cards for Play Therapists (Boyan) Through the Eyes of a Child (Termini) Welcome Back Pluto (Warshak & Otis -‐ www.warshak.com) Web-‐Based Education Tools for Kids

o Sesame Street – Little Children: Big Challenges Divorce Toolkit -‐ www.sesamestreet.org




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o Families Change – www.familieschange.com www.changeville.ca/#/helping-‐bc-‐kids-‐with-‐parental-‐divorce-‐or-‐separation

o CoD-‐CoD – Children of Divorce, Coping with Divorce – www.familytransitions-‐ptw.com)

Critical Thinking Exercises Problem Solving Exercises End of Camp/Intensive Rituals: -‐Affirmations & Hopes -‐Remember the Journey – Stone Ritual Recreational Activity Resources Extensive searchable listing of games/icebreakers: www.Playworks.org/playbook

See in particular: 4 square, wall ball, arena, ah-‐so-‐co, alligator swamp, wah!, ultimate ball

Great small group games/activities you can look-‐up/find online: ¥ Regular deck card games: spoons, war, detective ¥ Other card games for purchase: set, uno, phase 10 ¥ Board games: battleship, worst case survival game, telestrations, monopoly,

chutes and ladders, sorry, life (star ward edition), labyrinth, kids on stage ¥ Active: slack line

Other:

¥ Cooking (including grocery shopping) ¥ Hiking ¥ Walk with animals ¥ Ping-‐pong ¥ Playing catch ¥ Shooting hoops (H-‐O-‐R-‐S-‐E)


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BIBLIOGRAPHY Children Resisting Contact with a Parent: the Application of Intensive Residential

Interventions

CA-AFCC San Antonio 2014 Deutsch, Sullivan, Moran, Slabach

Association of Family & Conciliation Courts (AFCC). (2010). AFCC Task Force on Court

Involved Therapy. (2011). Guidelines for court-‐involved therapists. Family Court Review, 49, 564-‐5811. Also available from: http://www.afccnet.org/pdfs/Guidelines%20for%20Court%20Involved%20Therapy%20AFCC.pdf

Special Issue on Alienation. Family Court Review, January 2010, Volume 48(1). Austin, W.G., & Drozd, L.M. (2012). Intimate partner violence and child custody evaluation,

Part I: Theoretical framework, forensic model, and assesment issues. Journal of Child Custody, 9(4), 250-‐303.

Baker, A.J.L., & Andre, K. (2013). Psycho-‐educational work with children in loyalty conflict: The I Don’t Want to choose Program. In: A.J.L. Baker & S.R. Sauber (Eds.), Working with alienated children and families (pp 149-‐165). New York: Routledge Taylor Frances Group.

Baker, A.M.J., & Darnall, D. (2007). A construct study of the eight symptoms of severe parental alienation syndrome. Journal of Divorce and Remarriage, 47(1-‐2), 55-‐75.Bala, N., & Bailey, M. (2004). Enforcement of access and alienation of children. Canadian Family Law Quarterly, 23, 1-‐ 60.

Chabris, C., & Simons, D. (2010). The invisible gorilla – and other ways our institutions deceive us. New York: Crown Publishers.

Deutsch, R. (2014) The Process of Parenting Coordination. In S. A. Higuchi and S.J. Lally (Eds.), Parenting Coordination Handbook, Washington DC: American Psychological Association Drozd, L. (2009). Rejection in cases of abuse or alienation in divorcing families. In R.M.Galatzer-‐Levy (Ed.), The Scientific Basis of Child Custody Decisions. New York: Wiley. Eddy, B. (2010). Don't alienate the kids! Raising resilient children while avoiding high conflict

divorce. Arizona: High Conflict Institute Press. Ellis, E. (2007). A stepwise approach to evaluating children for parental alienation

syndrome. Journal of Child Custody, 4(1/2), 55-‐78. Fidler, B.J., & Bala, N. (2010). Children resisting post-‐separation contact with a parent:

concepts, controversies and conundrums. Family Court Review, 48, 10-‐47. Fidler, B., Bala, N., & Saini, M. (2011). Ten tips for legal and mental health professionals

involved in alienation, or alleged alienation cases. (AFCC-‐enews, Ask The Experts). Fidler, B.J., Bala, N., & Saini, M. (2013). Children resisting contact post-separation and

parental alienation: An evidence-based review. American Psychology-‐Law Book Series, Oxford University Press.



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Fidnick, L., Kock, K., Greenberg, L.R., & Sullivan, M.J. (2011). Guidelines for court-‐involved therapy: A best practice approach for mental health professionals. Family Court Review, 49, 564-‐581.

Freeman, R. (2008). Children and absent parents: A model for reconnection. In L.B. Fieldstone & CA. Coates, (Eds.). Innovations in interventions with high conflict families (41-‐81). Madison, Wisconsin: Association of Family and Conciliation Courts

Friedlander, S., & Walters, M. (2010). When a child rejects a parent: Tailoring the intervention to fit the problem. Family Court Review, 48(1), 98-‐111.

Friedlander, S., & Walters, M. (2010). Finding a Tenable Middle Space: Understanding the role of clinical interventions when a child refuses contact with a parent. Journal of Child Custody, 7 287-‐328.

Garber, B. D. (2007). Conceptualizing visitation resistance and refusal in the context of parental conflict, separation and divorce. Family Court Review, 45, 588-‐599.

Garber, B.D. (2008). Keeping Kids Out of the Middle. Deerfield Beach, FL: Health Communications, Inc.

Garber, B.D. (2011). Parental alienation and the dynamics of the enmeshed dyad: Adultification, parentification and infantilization. Family Court Review, 49(2), 322-‐335.

Godbout, E. & Parent, C. (2012). The life paths and lived experiences of adults who have experienced parental alienation: a retrospective study. Journal of Divorce & Remarriage, 53(1), 34-54.

Greenberg, L.R., Doi Fick, L., & Schnider, R. (2012). Keeping the developmental frame: Child-‐centered conjoint therapy. Journal of Child Custody, 9(1-‐2), 39-‐68.

Greenberg, L.R., & Sullivan, M.J. (2012). Parenting coordinator and therapist collaboration in high-‐conflict shared custody cases. Journal of Child Custody, 9(1-‐2), 85-‐107.

Hardwick, C. (2002). Dear judge, kid’s letters to the judge. Canada: Pale Horse Publishing. Jaffe, P., G., Ashbourne, D., & Mamo, A. (2010). Early identification and prevention of

parent-‐child alienation: A framework for balancing risks & benefits of intervention. Family Court Review, 48(1), 136-‐152J

Johnston, J.R., & Goldman, J.R. (2010). Outcomes of family counseling interventions with children who resist visitation: An addendum to Friedlander and Walters. Family Court Review, 48(1), 112-‐115.

Johnston, J., Roseby, V., & Kuehnle, K. (2009). In the name of the child: A developmental approach to understanding and helping children of conflicted and violence divorce. New York: Springer Publishing Co.

Johnston, J.R., Walters, M., & Friedlander, S. (2001). Therapeutic work with alienated children and their families. Family Court Review, 39(3), 316-‐333.

Johnston, J. R., Walters, M. G., & Olesen, N. W. (2005). Is it alienating parenting, role reversal, or child abuse? A study of children's rejection of a parent in child custody disputes. Journal of Emotional Abuse, 5(4), 191-‐218.

Johnston, J. R., Walters, M. G., & Olesen, N. W. (2005). The psychological functioning of alienated children in custody disputing families: An exploratory study. American Journal of Forensic Psychology, 23(3), 49-‐64.

Kelly, J., & Johnston, J. (2001). The alienated child: A reformulation of parental alienation syndrome. Family Court Review, 39, 249-‐266.


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Kerig, P. K., & Swanson, J. A. (2010). Ties that bind: Triangulation, boundary dissolution, and the effects of interparental conflict on child development. In Schulz, Marc S.; Pruett, Marsha Kline; Kerig, Patricia K. & Parke, Ross D. (Eds.). Strengthening couple relationships for optimal child development: Lessons from research and intervention.Washington, DC, US: American Psychological Association.

Lebow, J., & Black, D.A. (2012. Considerations in court-‐involved therapy with parents. Journal of Child Custody, 9(1-‐2), 11-‐38.

Lowenstein, L.F. (2010). Attachment theory and parental alienation. Journal of Divorce & Remarriage, 51(3), 157-168.

Saini, M.A., Johnston, J., Fidler, B.J., & Bala, N. (2012). Empirical studies of alienation. In K.F. Kuehnle & L.M. Drozd (Eds.), Parenting plan evaluations: Applied research for the family court. New York: Oxford Press.

Strasburger, L.H., Gutheil1997). On wearing two hats: Role conflict in, T.G., Brodsky, A. serving as both psychotherapist and expert witness. American Journal of Psychiatry 154:4, 448-‐456.

Sullivan, M.J., & Kelly, J.B. (2001). Legal and psychological management of cases with an alienated child. Family Court Review, 39(3), 299-‐315.

Sullivan, M.J., Ward, P.A., & Deutsch, R.M. (2010). Overcoming barriers family camp: A program for high-‐conflict divorced families where a child is resisting contact with a parent. Family Court Review, 48, (115-‐134).

Walters, M., & Friedlander, S. (2010). Finding a tenable middle space: Understanding the role of clinical interventions when a child refuses contact with a parent. Journal of Child Custody, 7, 287-‐328.

Warshak, R.A. (2003). Payoffs and pitfalls of listening to children. Family Relations, 52(4), 373-‐384.

Warshak, R.A., & Otis, M. (2010). DVD. Welcome Back, Pluto: Understanding, Preventing and Overcoming Parental Alienation. www.pluto.com.

Wier, K. (2011). High-‐conflict contact disputes: Evidence of the extreme unreliability of some children’s ascertainable wishes and feelings. Family Court Review, 49(4), 788-‐800.

Children of Divorce-‐Coping with Divorce (online program for kids with divorcing parents – developed at ASU by Dr. Jessie Boring and Irwin Sandler – to reduce mental health problems and increase coping

http://familytransitions-‐ptw.com/CoDCoD/parents/index.html



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efficacy)

Our Family Wizard – electronic communication for coparents

http://ourfamilywizard.com/ofw/

Planning for Parenting Time (Guide for parents) Developed by Arizona and used widely across the country

http://www.azcourts.gov/Portals/31/ParentingTime/PPWguidelines.pdf

For Our Children – Learning to Work Together (Guide for parents) Developed by Texas

https://www.texasattorneygeneral.gov/ag_publications/pdfs/coparenting.pdf

New Ways for Families ONLINE parenting class for high-‐conflict cases (developed by High Conflict Institute – Bill Eddy)

https://newways4families.onlineparentingprograms.com/

Unhooked Books (online divorce & coparenting bookstore) *\

http://www.unhookedbooks.com/

ProperComm (website that sanitizes emails between parents)

https://www.propercomm.com/

Don’t Alienate the Kids by Bill Eddy

http://www.unhookedbooks.com/product/dont-‐alienate-‐the-‐kids-‐raising-‐resilient-‐children-‐while-‐avoiding-‐high-‐conflict-‐divorce-‐by-‐bill-‐eddy-‐lcsw-‐esq/


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ORDER FOR COUNSELING

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Superior Court of California County of XXX

In re the Marriage/Matter of:

PETITIONER:

x,

and

RESPONDENT:

x

: : : : : : : : : : : :

Case No. BD ORDER FOR COUNSELING

The Court orders that:

1. In General

The Court orders counseling for the parties and the minor children1 under

Family Code Sections 3190-3192.2

2. Reason for Counseling & Goals and Expectations

1 For all purposes, the plural minor children includes the singular minor child; and the plural the

parties includes the singular. See Family Code Section 10. 2 All statutory references are made to the Family Code unless otherwise indicated.





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2.1 Reason for Counseling

Under Section 3190(d0 (1), the Court finds counseling is in the best

interest of the minor children; and the Court finds there is a substantial

danger to the best interests of the minor children. The Court enumerates its

findings of substantial danger as required by Section 3190(a)(1),(2) as set

forth in the report regarding custody filed with the Court. The Court

concludes that the following concerns present: (a) lack of parental maturity;

(b) child enmeshment in custody dispute; (c) high conflict coparenting; (d)

__________; etc.

2.2 Goals & Expectations for Counseling

The Court articulates the following goals and expectations for

counseling, including but not limited to the behavioral changes the

Court expects from the parents are:

2.2.1 The mother’s support of the father’s court-ordered parenting

time with the child

2.2.2 Increase in functional child-focused communication between

the parents

2.2.3 etc.

3. Appointment of Counselor

3.1 Name & Contact Information

The counseling services shall be provided by (hereinafter

Counselor):

Name: __________________________________

Address: __________________________________

Telephone: __________________________________

If the Counselor is unable or unwilling to serve, the parties may

make ex parte application to the Court to appoint a different

Counselor.


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3.2 Duty to Contact Counselor

Each party shall establish initial telephonic contact with the

Counselor within two (2) days of this order.

4. Scope of Counseling & Number of Sessions

4.1 In General

Within ten (10) days and subject to the consent of the Counselor, but

subject to further order of court, the parties may jointly select a class

or regimen for counseling. In the event there is no agreement, the

Counselor shall establish the nature, scope and protocol for any class

or regimen of counseling consistent with this order and subject to

further order of the court in the event of objection by either party.

To avoid undue delay and detriment to the best interests of the minor

children, the class or regimen for counseling selected by the

Counselor shall be the regimen for counseling as a temporary order

of the court pending hearing on any objection.

4.2 Assessment & Materials

Within five (5) days, the Counselor shall receive a copy of this

order, the most recent child custody evaluation report, the most

current order for custody, and any existing civil or criminal domestic

violence restraining order. Within five (5) days, each parent may

file with the court and serve upon the other party and the Counselor

a five (5) page declaration under penalty of perjury presented in 12

pt. Roman (or larger) font, double spaced setting forth the parent’s

areas of concern. Any attachment to the declaration shall be counted

toward the five (5) page limit. Unless requested by the Counselor or

ordered by the Court, the parties shall refrain from providing the

Counselor with any other written materials, including documents in

the court file other than those specified here. The Counselor may





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conduct two (2) sessions for the purpose of making an assessment

regarding the needs and issues that shall be addressed in the

counseling sessions. In the absence of an order to the contrary, these

assessment sessions shall not be counted toward the total number of

sessions for counseling. Either party may apply to the Court for an

order to include the two (2) assessment sessions toward the total

number of sessions.

4.3 Number of Sessions

4.3.1 In General

The order for counseling shall be for the period and number

of sessions identified here. If there are more than two (2)

unexcused absences from counseling by either party, then

subject to further order of court the counseling term will

restart for the full period as though counseling had not

commenced. Unexcused failure to participate in counseling

is a factor the court will consider in determining the best

interests of the minor children.

4.3.2 Period for Counseling

The total period of counseling (which shall not exceed one

year as defined herein) shall be for:

Total Time Period: __________________

Anticipated Number of Sessions: __________________

4.3.3 Reporting to the Court & Redefining Scope of Counseling

The Counselor shall have authority to report to the Court on

the progress of counseling, whether either party is

participating in a timely and good faith manner, or any other

issue that the Counselor determines is in the best interests of

the minor children. The Counselor may report to the court


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on whether individual therapy for a parent or child is

recommended, or if the Counselor determines that there is a

need for parental participation in another program such as a

small group parenting program, or that the minor children

would benefit from a small group children only program or

individual counseling. The Court expects the parties to fully

participate in the counseling and diligently work to improve

communication between them for the best interest of the

minor children. The Court encourages each party to authorize

his or her individual therapist to communicate with the

Counselor. Nothing in this order is intended to create an

actual or implied waiver of the patient therapist privilege

between any party and their individual therapist. Instead, the

Court wants the Counselor to provide information to assist the

party in their confidential therapy. Since communication

from the Counselor is not privileged, the only information

that could be disclosed is whether the Counselor told the

party’s therapist about the treatment plan, objectives and

goals. Absent a waiver of the privilege, the party’s individual

therapist would be unavailable as a witness regarding

communications between the therapist and the party. If

requested by the Counselor, any therapist for the minor child

shall communicate with the Counselor to the extent that such

communication does not interfere with the therapeutic bond

between the child’s counselor and the child. If requested,

each party shall sign within two (2) days of presentation, a

consent form authorizing the minor child’s therapist to speak

with the Counselor.





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4.3.4 Domestic Violence Protocols

If necessary because of family violence, the counselor shall

provide separate sessions under Section 3192.

4.3.5 Bringing Children to Therapy and Other Protocols

Both parties shall bring the minor children to counseling

sessions as ordered herein with the responsible parent being

the one who has custody under the order within one hour

before the time the session shall take place. The frequency

of sessions shall be adjusted according to the following

priorities only: (a) the schedule of the Counselor and (b) the

children’s attendance at school. Except as provided herein,

all other scheduling issues for either party or any child are

subordinated to the counseling ordered herein.

5. Allocation of Cost for Counseling

5.1 In General

The Court has considered the findings of the court on the issue of

child support in making its allocation of the cost for counseling. To

the extent that one party or the other’s conduct has necessitated the

counseling, the Court considered the allocation of counseling based

on that conduct. Under Section 3190(d)(2) this order is calculated to

avoid an undue financial burden upon the parties. The Court orders

that the cost of counseling as a form of child support and subject to

all enforcement remedies available for the nonpayment of child

support and uninsured medical expenses.

5.2 Allocation of Cost

5.2.1 Within ten (10) days of this order, each party shall deposit

with the evaluator the following sums:

5.2.2 By the Petitioner the sum of $x.


Institute 3



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5.2.3 By the Respondent the sum of $x.

5.2.2 Prepayment of Two Sessions in Advance

In the absence of a signed written agreement to the contrary

between the parties and the counselor, the parties shall prepay

the cost of two (2) sessions with the Counselor in advance so

there is adequate payment to assure that the counseling will

continue uninterrupted.

5.2.3 Payment by Insurance

This order is not contingent upon the availability of insurance

to cover any of the costs. If insurance is available, then under

Section 3750 and 4006, each parent will cooperate with the

processing of the insurance benefit. The amount reimbursed

by insurance shall be applied equally to the total cost of the

counseling. The insured party shall execute an assignment of

benefits to the Counselor for any applicable benefits under

any available policy. The parties shall cooperate in

processing insurance benefits for the cost of counseling.

Payment of any uninsured expenses for counseling is deemed

as a payment as and for child support in the amounts or

percentages provided for above. Under Section 3752.5, the

Court orders each party to notify the other of any changes in

the health insurance policy information. If coverage is

available or ordered, then the party who has the insurance

shall provide the Counselor and the other parent with all

relevant information, including but not limited to insurance

cards, policy information, and coverage limitations.

5.3 Enforcement of Payment & Reimbursement





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The cost of counseling ordered herein is a form of medical expenses

under Section 4062(a) (1) and as a form of additional child support.

For the purpose of ordering any reimbursement, the Court invokes

the rebuttable presumption that the costs actually paid for counseling

are reasonable under Section 4063(e). Consistent with Section

4063(b) a party seeking reimbursement for payment of the other

party’s share of the cost of counseling shall provide the other party

with an itemized statement of the costs for which reimbursement are

sought within 30 days (Section 4063(b)(1)). Reimbursement shall

be made to the party entitled to reimbursement. If the reimbursing

parent disputes a requested payment, that parent shall pay the

undisputed portion of the requested amount and may seek judicial

relief under Section 4063. If the parent seeking reimbursement is not

paid as provided by this order, he or she may seek relief under

Section 4063. Either party may file a motion or order to show cause

to enforce the orders issued herein. The Court will have jurisdiction

to award attorney’s fees and costs.

5.4 Payment for Participation in Court Proceedings

If either party wants the Counselor to present a report to the Court or

attend as a witness, the requesting parent shall first make financial

arrangements with the counselor to pay his or her hourly rate,

including travel time. If not paid as reasonably requested, the

Counselor shall be deemed unavailable as a witness in these

proceedings absent further order of the Court. At any hearing where

the Counselor testifies, the Court will have jurisdiction to reallocate

between the parties any cost of securing the Counselor’s testimony.

6. Other Terms


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6.1 The Court reserves jurisdiction under Section 290 to the maximum

extent permissible by law to make such further orders as are

necessary to carry out the provisions of this order.

6.2 The Court finds that both parties have knowledge of this order; and

each party has the ability to comply with its terms.

6.3 The Court specifically refrains from ordering a return date after

counseling as prohibited by Section 3191(e). Nothing in this order

declining to set a return date after counseling prohibits either party

from filing an Order to Show Cause before or after the end of the

counseling as ordered herein.

6.4 The Court articulates its expectations concerning this order for

counseling:

Each parent will fully cooperate and wholly heartedly

participate in the counseling.

The Court will consider the good faith efforts and parents’

devotion to success of the counseling as a factor in

determining whether to modify by expanding or restricting

the current order for legal and physical custody, including the

schedule for custodial access.

The parents will openly and honestly reveal what they’ve

learned as a result of the counseling and how they are going

to modify their future behavior based on the skills acquired in

the therapy.

The Court will consider the lack of good faith participation or

efforts to sabotage or undermine the success of the counseling

as a factor in determining whether to modify by expanding or

restricting the current order for legal and physical custody,

including the schedule for custodial access.





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6.5 This order is effective when signed. No further document or order shall

be necessary.

6.6 Because the Court finds a substantial danger to the best interest of the

minor children, the court considers the noncompliance by either party to

implement or obey this order is an exigent circumstance for the purpose

of presenting any ex parte application upon a properly noticed

application with good cause shown.

IT IS SO ORDERED.

Date: x

________________________________________ JUDGE/COMMISSIONER OF

THE SUPERIOR COURT

Documents

Practical Applications of Intensive Interventions for ...afcc-ca.org/downloads/wp-content/uploads/2015-conference/04... · Friday, February 6, 2015 • 12:30 p.m. to 4:45 p.m. Practical