Jan Faust, Ph.D. Nova Southeastern University And Independent Practice Paper Presented at the Annual Legislative Update of the Florida Bar 2009 1

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” 3

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 attainment Compounding effect of conflict 4

Alternate Forms of Conflict Resolution/Intervention

 Various vehicles of conflict resolution available to attorneys and judges:  Referral for mediation  Referrals for therapeutic mediation  Referrals to mental health practitioners for treatment and/or evaluation  Use of a parenting coordinator  Use of a GAL 5

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 6

( Asterisk indicates with mediation training) Assessment Development of Parenting Plans Parent Coordination Guardian Ad Litem

Yes, limited to: • Social Investigation • Child/ Parent Interviews • Continuous/ • On-going Yes No

Mediator

No

Licensed Psychologist* (Licensed at doctoral level; Ph.D., Psy.D.)

• Yes (unlimited) Non-continuous

Other Licensed Mental Health Practioner (Licensed at Masters Level; L.M.H.C., L.C.S.W.,

Yes, limited to: • Social Investigation • Child/ Parent Interviews

Nurse Practioner)

Yes- in the context of Mediation or PC if Masters Degree in mental health Yes, limited to: those with Masters Degree in mental health Yes Yes Yes Yes

Parent/Child Reunification Therapy Crisis Intervention

No No Yes Yes Yes Statutory: Child Maltreatment/ DV Yes Statutory: Child Maltreatment/ DV Yes Yes

Attorneys* Psychiatry* Clergy* (without mental

No Yes, but limited No Yes Yes ?

Yes Yes ?

No Yes No Yes Statutory: Child Maltreatment/ DV Yes Yes

Therapy

No No Yes Yes No Yes scope of regular

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

Parent Coordinator Statutory Qualifications:

 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 Bar

Must be a member in “good standing” in all professions.

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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 parties Testimony/evidence necessary to identify for Court issue for resolution (without disclosing communications) 11

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 12

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 13

P.C. for the Psychologist/



Mental Health Practitioner/ Attorney

Complex Cases Individual Differences No Desire to Reunite Very Challenging Case!  Motivation for Active Participation  Should be intrinsic/ internal  More often: financial, judicial  More often the maintenance of conflict is more motivating than the perceived benefits of resolving the conflict 14

Primary Areas to Address for Parent Coordination:

 Primary focus should be on:  Reduction of interparental conflict  Enhancement of the quality of parent relationships with the children  Enhancement of parenting skills  Enhancement of problem solving skills  Application 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 Obstacles

 Typical areas of disagreement include:  Time sharing schedule (drop off/ pick up times and location of such)  Vacation /holiday schedule  Phone calls to and from children  Communication about the children (e.g. medical appts.)  “Stuff”: clothes, books, sporting equipment  Educational, medical and extra-curricular decisions  Parental boundary issues  Money/financial issues related to children 16

Good Candidates for P.C.

 Those who can benefit from a skills based resolution process 17

Complications in Problem



Resolution

May wish to refer to other professional or utilize a different form of intervention:  Complicated bereavement  Psychopathology of one or both parents  Protracted anger issues  Estrangement   Children with special needs Child abuse and domestic violence  PC 18

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

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

Atypical Issues

Parent Estrangement Children with Special Needs

Nullifying Atypical Issues

Domestic Violence Child Abuse/ Neglect Attorneys Psychologist/Mental Health Counselors Psychologist or other Counselor with Specialty Training in Child and Family Judiciary 19

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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. 20

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 3 rd Ave Fort Lauderdale, FL 33316/ 954-562-1644 21