Annotated bibliography

C. Ayoub, R. Deutsch, A Maraganore , Emotional distress in children of High-Conflict Divorce: the Impact of Marital Conflict and Violence,37 Fam. & Conciliation Courts Rev., July 1999.

Study based on 105 children of parents with acrimonious divorce and custody/visitation issues to examine factors contributing to emotional distress.  Review of literature showing poorer outcomes for children of divorce  in school, emotional and behavioral functioning, self-esteem; Relevance of age, gender;  Conflict more influential than the divorce itself. This study confirms positive relationship between child’s distress and level of marital conflict. Children of fathers with mental illness or substance use more apt to have less contact, more supervised contact. These children fared better than children with mothers with the same liabilities who were less apt to have  restrictions imposed.  Children with physical symptoms react differently from other children: change in visitation decreased symptoms. All  had experienced violence, abuse or maternal mental illness, substance abuse.

B. Bricklin, G. Elliot, Qualifications of and Techniques to be used by Judges, Attorneys, and Mental Health Professionals who Deal with Children in High Conflict Divorce Case, 22 U. Ark. Little Rock L. Rev. 501, 2000.

Summary of evidence for statement that marital conflict has more negative effects on children’s adjustment than any other researched variable. Because of differences in children, no direct relationship between what parents do, and impacts of such behaviors on specific children.  High conflict litigants resistant to usual techniques; spells out techniques needed to create improvement in high conflict cases; PAS controversy.

Empirical Research describing Outcomes of Joint Custody, Division of School Psychology, American Psychological Association, 1995.

Summarizes and evaluates major research concerning joint custody and its impact on children’s welfare. Topics:  Father-involvement, best interest of the child standard, child support, relitigation costs to the family, parental conflict.

 J. Johnston, R. Straus, Traumatized Children in Supervised Visitation: What Do they Need?, 37 Fam. & Conciliation Courts. Rev. 135, 1999.

Reviews the range of trauma experienced by many children in supervised visitation services and describes common themes in the development of their personalities from clinical and research findings. Proposes ways to structure access services to help children feel psychologically safe in the relationship with the visited parent.

J. Johnston, Building Multidisciplinary Professional Partnerships with the Court onBehalf of High-conflict Divorcing Families and their Children: Who Needs What Kind of Help?, 22 U. Ark. Little Rock L. Rev. 453, 2000.

Incidence of post separation hostility, and extended litigation; Salient features of high-conflict litigating families; Need for interdisciplinary partnerships with the Court; Rethinking the role of Family Court in divorce matters; Role of attorneys and mental health counselors in escalating conflict; How custody evaluators can help or hinder the process. Alternative programs to litigation described: divorce orientation, specialized education for high conflict, violent and chronically litigating families, affordable legal services, mediation, therapeutic intervention and supervision, co-parenting and arbitration, supervised visitation and monitored exchange, reunification assistance.

H. Mauserall, P. Young, D. Alsaker-Burke, Protecting the Children of High Conflict Divorce: An Analysis of the Idaho Bench/Bar Committee to Protect Children of High Conflict Divorce’s Report to the Idaho Supreme Court, 33 Idaho L. Rev. 291, 1997

Juxtaposition of findings from childhood poverty, violence, abuse, early brain development portray risk of children of high conflict divorce. Current situation in family court in Idaho, reasons why special committee appointed.  Protocol and recommendations for Judges to protect children in high conflict divorce cases. (27 pp)

M.Pruett, B.Nangle, C. Bailey, Divorcing Families

With Young Children in the Court’s Family Services Unit,37 Fam. & Conciliation Courts Rev., October, 2000.

1996 CT. study of 137 higher conflict, divorcing families with young children, who received services from  the Family Services Division statewide. The families presented with multiple mental health needs, including allegations of substance use and physical, emotional and sexual abuses of spouses in 39% to 58%. Child abuse allegations in 39% of cases.  50% took parent education class and 50% failed to reach agreement in FSU mediation.

P. Quirion, J. Lennett, K. Lund, C. Tuck, Protecting Children Exposed to Domestic Violence in Contested Custody and Visitation Litigation, 6 B.U. Pub. Int. L.J. 501, 1999.

Impact of domestic violence on children and need for a rebuttable presumption against orders for custody to abusers. Overview of literature and arguments for such a presumption.

K. Reihing,  Protecting Victims of Domestic Violence and their Children After Divorce: The American Law Institute’s Model, 37 Fam. & Conciliation Courts Rev. 393, 1999.

Domestic violence postdivorce and how abused women who have children with their abusers are at high risk. Recent state legislation enacted to deal with post divorce violence. American Law Institute’ s proposed model statute on child custody and visitation when domestic violence has occurred.

E. Schact, Prevention Strategies to Protect Professionals and Families Involved in High-Conflict Divorce, 22 U. Ark. Little Rock L. Rev. 565, 2000.

12.0pt">Epidemiological scope of divorce conflict, and risks to child, professional contributions to conflict, allegations of endangerment and abuse, (estimates of prevalence of violence as high as 75% in divorcing couples) frequency of  physical threats to attorneys, and malpractice and ethics complaints;  Prevention strategies: universal health insurance for children, coverage for mental health, universal family-life education, increased access to family support services, marital education, study of specialized marriage contracts, increase support for child care, pre-divorce parenting education, ADR, change legal procedures to reduce children’s involvement, infrastructure improvements to reduce conflict opportunity,improve dialogue between courts and experts, embrace therapeutic jurisprudence,strengthen anti-stalking measure, curb abusive marital litigation, increase options for coping with abduction risk, extend protections against intractable violence, regulate litigation and ethics complaints against court-appointed professionals, financing prevention.

A. Schepard, Parental Conflict Prevention Programs and the Unified Family Court: A Public Health Perspective, 32 Fam. L Q. 95, 1998.

Divorce, unmarried parents,  and family  court case load increase statistics cited, as well as estimates of chronic litigants; call  for prevention strategies and unified family court. 30% decline in children’s standard of living. Public Health theory and Family Conflict prevention programs; resources for pro se litigants, description and evaluation of court education programs for parents and children, group mediation, contemnors diversion program,  Oregon state-wide comprehensive family conflict management system, resistance of court to prevention programs.