bluuebunny/crossref_metadata_2025 huggingface dataset:
MEDIATOR STRATEGIES FOR LAWYERS
Authors: Ryan Judith
Published: July 2010

This article explores the use of a four‐way conference by attorneys to effect settlement. The author describes the process, analyzes factors leading to success, and gives a case example.
MEDIATION PARENT EDUCATION PROGRAMS IN THE CALIFORNIA FAMILY COURTS
Authors: Lehner Larry
Published: July 2010

This article presents information about parent educational programs connected to court‐based child custody mediation services in California. The educational content and methodologies most commonly practiced in California family court mediation services are discussed. In addition, new directions in parent education for mediation clients are described.
PROFILE: CHILD CUSTODY MEDIATION SERVICES IN CALIFORNIA SUPERIOR COURTS
Authors: Ricci Isolina , Depner Charlene E. , Cannata Karen V.
Published: July 2010

California is now in its 11th year of mandatory child custody mediation, with a current yearly case volume statewide estimated at 65,494. This article profiles the variations in programs and mediation styles in 56 of the state's 58 Superior Courts. Two research studies provide the basis for the information on program structures, case activity, procedures, agreement formats, recommendations, facilities, security, and fees.
CHILD SUPPORT IN THE UNITED STATES
Authors: Pearson Jessica , Thoennes Nancy , Anhalt Jean
Published: July 2010

This article reports on the results of a telephone survey conducted with a random sample of households screened for eligibility to receive child support in the state of Colorado. Despite the recent enactment of ambitious child legislation at the state and federal levels, the accounts of 731 custodial parents reveal a massive level of unmet need, with child support problems being most extreme for those never married to the chil?s other parent. These mothers typically lack an order establishing a legal obligation to pay child support and have incomes that fall below the poverty level. Overall, women of Colorado with child support orders received only about half of the support they were due, and 73 per cent of all women due support reported that they had experienced problems in collecting support either currently or in the past. The average amount of back due child support owed to the 60 per cent of women in the sample who reported an arrearage was $12,000. Analysis revealed that payment behaviour tracked with the length of time since separation with payment patterns worsening over time and irregular visitation and/or the presence of problems around child access. Female obligors exhibited the same payment patterns as their male counterparts but were more apt to maintain visitation. The article documents the dramatic, negative economic consequences of irregular or missing child support payments for custodial parents, and discusses the additional legal and financial commitments needed to improve the situation. The efficacy of private child support transfers to achieve an adequate standard of living for all children is called into question.
KIDS' TURN
Authors: Bolen Rosemarie
Published: July 2010

Reported in this article is an innovative group program for children whose families are going through divorce. The Program is sponsored by the San Francisco court system. This program provides an orientation for children to help them cope with divorce. The program also involves the parents. The goals of the program are to demystify the separation process, provide a safe place for children and parents to discuss their feelings, provide a culturally sensitive context, provide information regarding other resources, and teach communication and problem‐solving skills.
MEDIATING ECONOMIC ISSUES IN DIVORCE
Authors: Eddy William A.
Published: July 2010

This play in three acts delineates the economic issues in mediating divorce.
HELPING CHILDREN SUCCEED AFTER DIVORCE
Authors: Petersen Virginia , Steinman Susan B.
Published: July 2010

In an effort to prevent some of the well‐documented problems that occur in children and families undergoing divorce, a parent education program, Helping children Succeed After Divorce, was developed and mandated by a domestic relations court in a major metropolitan area. The purpose of the parent seminar is to educate divorcing parents about the effects of divorce and continued conflict on their children and to specify concrete actions that divorcing parents can take to help their children. The seminar's intent is to prevent long‐term emotional, social, and academic problems among children of divorce. This article addresses the development, operation, and preliminary evaluation results of this psychoeducational program for divorcing parents.
EDUCATION FOR PARENTS DIVORCING IN CALIFORNIA
Authors: Lehner Larry
Published: July 2010

This article describes the variety of educational programs found in courts throughout California. It is the product of a 1‐year study of these programs, and the article catalogues the effects of one state in providing educational programs for families going through divorce. The article describes the range of possibilities for courts to select the program best suited to their needs.
INTERNATIONAL ABDUCTION OF CHILDREN
Authors: Kay Joseph V.
Published: July 2010

Justice Kay discusses the abduction of children and the application of the Hague Convention from the Australian perspective. The article begins with an outline of the common law and the appropriate legislation. Signatory nations to the Hague Convention are listed and Australian case law reviewed. Statistics are also given regarding children who have been taken to what nations.
CHILD SUPPORT REFORMS
Authors: Harrison Margaret
Published: July 2010

The use of the Australian equivalent to the Internal Revenue Service is described and the far‐reaching efforts of the Australian government to collect. Readers from other countries will recognize similar themes: noncompliance with orders, establishing orders in a majority of cases, providing an efficient means for modifying support awards, creation of two classes of enforcement—for those receiving public support and for those who are entitled to support and do not receive pensions, the use of statistics regarding compliance, and many others. This article documents the common concerns for all modern, industrialized nations in ensuring adequate support for children.
KEEPING THE PEACE
Authors: Wolcott Ilene , Weston Ruth
Published: July 2010

This article presents the results of an evaluation of 11 parent‐adolescent mediation and family therapy programs in Australia established to prevent youth homelessness. The article examines the impact of these services on the resolution of family conflict and the living circumstances of young people who are at risk of youth homelessness. Ninety‐two families participated in the pre‐and postintervention stages of the evaluation. The majority of parents and adolescents felt they had made some progress in resolving their problems and improving family relationships. Indicators of risk of homelessness were lower at the time of follow‐up for most young people.
JUDICIAL ORIENTATION
Authors: Welch Elizabeth , Herrell Stephen B. , Koch Dale R.
Published: July 2010

This article presents transcripts of a presentation by three judges of Multnomah County at an orientation to mediation.
THE GUARDIAN AD LITEM FOR CHILDREN IN DIVORCE
Authors: Halikias William
Published: July 2010

The guardian ad litem (GAL) for children in divorce is a relatively new role in this society. However, the role definition of the GAL is vague, and little is written in the literature about this advocate. This article discusses the history and available information about advocates for children in divorce and organizes various conceptualizations of this role along two continua: lawyer—psychologist, and child liberator—child saver.
IS JUSTICE SERVED BY MORE PEOPLE REPRESENTING THEMSELVES IN COURT?
Authors: King Donald B.
Published: July 2010

Justice Donald B. King proposes a streamlined system for couples with assets under $400,000. He explores the problem of nearly 50% of couples going through divorce without attorney representation. He proposes close judicial management of such cases and removal of the need for unnecessary discovery and other expensive procedures.
EMERGING ROLES OF THE FAMILY LAWYER
Authors: Mosten Forrest S.
Published: July 2010

The author examines the problem of representing adverse interests of the parties in family law disputes and proposes some measures for attorneys to address this need. The role of the attorney shifts from being merely an advocate to becoming a consultant and adopting other roles, depending on the needs and wishes of the client. According to this article, the bar must become more sensitive to the needs of the public and the call for a simpler, more “user‐friendly” system.
A THERAPIST'S VIEW OF PARENTAL ALIENATION SYNDROME
Authors: Lund Mary
Published: July 2010

Cases in which a child is resisting contact with a parent may or may not fit Gardner's theory of Parental Alienation Syndrome, which emphasizes the psychopathology of the “alienating” parent. Explanations may also include the child's coping with intense conflict and the “rejected” parent's skill with the child Whatever the cause, improvement usually involves legal and therapeutic intervention.
IMPROVEMENT OF CLINICAL AND LEGAL DETERMINATIONS IN CASES OF ALLEGED CHILD SEXUAL ABUSE
Authors: Haynes‐Seman Clare , Baumgarten David
Published: July 2010

Mental health and legal professionals have struggled, too often isolated from each other's disciplines, to establish methods to assess and demonstrate whether a particular child has been abused and whether a particular adult is, in fact, the perpetrator. Complete, accurate, and neutral assessment must be the first step in the healing process; however, barriers imposed by professionals often interfere with the assessment process. This article critiques these barriers and suggests improvements for both good clinical practice and effective use in increasingly adversarial legal proceedings.
LEGAL IMPLEMENTATION OF PARENT EDUCATION PROGRAMS FOR DIVORCING AND SEPARATING PARENTS
Authors: Biondi Eileen D.
Published: July 2010

This article traces the legislation permitting or mandating the use of parent education for divorcing and separating parents in state courts. Explored are State mandatory and discretionary programs, local court rules, voluntary programs, and some of the constitutional issues that are raised.
INDEPENDENT LEGAL REPRESENTATION FOR CHILDREN IN CUSTODY AND ACCESS CASES
Authors: Leeco Elisa
Published: July 2010

In this article, the author discusses the role of children's representation in custody and access cases, and in particular, considers whether the Stobridge case came to a correct determination of the most appropriate role for children's counsel. The three possible modes of child representation are considered: amicus curiae, litigation guardian, and advocate. The role of amicus curiae is rejected because it does not provide the child with an opportunity to be heard, thus defeating the purpose of representation. The role of litigation guardian is rejected on the basis that the guardian does not advocate the child's interests unless they are consistent with that of the guardian. The author concludes that Stobridge was correctly decided, and that the role of children's counsel in a custody or access dispute in which the children are capable of directing counsel should be that of advocate.
SECOND OPINIONS An Ethical and Professional Process for Reviewing Child Custody Evaluations
Authors: Stahl Philip
Published: July 2010

When a parent is dissatisfied with the outcome of a child custody evaluation, he or she is tempted to discredit the evaluation. This article addresses many issues associated with the review of child custody evaluations, in particular, the professional and ethical obligations of the reviewer to maintain a neutral, objective position throughout the review process.
MEDIATION IN CHILD PROTECTION AND THE NOVA SCOTIA EXPERIENCE
Authors: Carruthers Susan E.
Published: July 2010

In recent years, mediation has become a device used to settle disputes in the area of child protection. The first legislatively based child protection mediation program in Canada was implemented in the province of Nova Scotia in 1993. This program has been criticized for not safeguarding children from neglect and abuse, for redundancy with respect to settlements offered by child protection workers, for its nonuse of child protection workers as mediators, and for power imbalances between negotiating parties. It has also suffered from a low number of referrals to mediation. The Nova Scotia experience emphasizes the need to gain support not only from child protection agency leadership but also from frontline staff to create a stable and beneficial mediation program. Even in light of the complications with respect to child protection mediation in Nova Scotia, there is a growing interest and implementation of mediation programs throughout Canada.
DEPENDENCY COURT MEDIATION
Authors: Baron Steve
Published: July 2010

This article discusses the roles and levels of participation of the various participants in juvenile and dependency court mediation, and also examines potential gains and losses associated with participation for family members and the social worker.
ASSESSING AND MANAGING ALLEGATIONS OF CHILD SEXUAL ABUSE
Authors: Baker Justice Eric
Published: July 2010

This article examines the procedures involved in the assessment and management of allegations of child sexual abuse in courts exercising custody and access jurisdictions. The author discusses the various options available to the court when confronted with such allegations, noting that, in the contex: of access disputes, the issue for the court is not whether a parent has sexually abused a child but whether, in all the circumstances of the case, access should take place or custody should change. In all matters involving access between parents and children, the overriding principle is the paramountcy of the welfare of the child. It is also argued that supervised access, although an increasingly popular alternative for the court when faced with allegations of abuse, is problematic and may not be in the best interests of the child. The author suggests that the emphasis must be on children's rights find parental responsibilities.
CHILD CUSTODY EVALUATION
Authors: Smith Robert
Published: July 2010

This article describes a low‐cost, settlement‐oriented model for custody evaluations.
THE INTRACTABLE CLIENT
Authors: Feinberg Rhoda , Greene James Tom
Published: July 2010

Every lawyer either has heard of or has been involved in a divorce case that initially seemed manageable and resolvable only to find that it develops into a nightmarish drama. The parties involved in such cases are often those who have a personality disorder. A personality disorder is a clinical term used to describe people who are “locked in” for many years, with certain exaggerated personality traits that interfere with many aspects of their daily functioning. It is exceptionally difficult to achieve client control when working with a client with a personality disorder. This article will describe nine personality disorders, how to identify them, and how to work with them.
MANY YEARS AFTER THE PARENTAL ABDUCTION
Authors: Greif Geoffrey L.
Published: July 2010

Little longitudinal data are available on what happens to families in which there has been a parental abduction. This article reports on information on 48 families who have been followed for a number of years after the recovery of a missing child. It focuses on questions relevant to the courts: the use of mediation services preabduction, contact between the abductor and the children and the abductor and the searching parent, the payment of child support and restitution for the search, the legal ramifications to the abductor, and the preparations parents took to prevent another abduction.
PARENTS BEYOND CONFLICT
Authors: McIsaac Hugh , Finn Charlotte
Published: July 2010

This article describes a parent education program for high‐conflict families in the Multnomah Country Circuit Court, Portland, Oregon. The method emphasized an educational approach teaching conflict resolution skills. This course was rooted in the tenets of cognitive restructuring: if parents think differently about the other parent and their shared task of raising their children, they will feel differently, and they will act differently. The authors beleived many of the difficulties between parents were caused by the negative perception of the other parent created during the spousal relationship. They also believed the key to successful co‐parenting is to reframe these perceptions emphasizing cooperation and joint problem‐solving. Furthermore, they believed as the cooperation and joint problem‐solving improvement would have a positive, reinforcing effect. Finally, the authors believed parents must learn to separate conflict in the spousal role from conflict in the parenting role.
MEDIATION AND THE PROCESS OF FAMILY LAW REFORM
Authors: Mosten Forrest S.
Published: July 2010

The family law system needs fixing. The real question is how to go about fixing it. The concept of mediation and its process should be vital in the rethinking and restructuring of the system. This article discusses how mediation can be used in policy‐making to get all the stakeholders in the family law system to creatively and non‐judgmentally work toward reform. The author contends that increased legal access and speedy low‐cost dispute resolution should be at the top of the reform agenda. Courts and professional offices are valued for their consumer‐friendliness, stressing nonadversarial settings and cleint education. Unbundling is urged to be not only accepted but also promoted as a practice to meet the legal needs of families. The article concludes with the argument that effective reform should incorporate the principles of mediation, and the reform process should take advantage of models of consumer friendliness from both the public and private sectors.
FAMILY COURTS
Authors: Folberg Jay
Published: July 2010

Oregon has encouraged experimentation with family courts using the one family‐one judge approach. At the First Annual Family Law Conference, sponsored by the Oregon Judical Department and the Oregon Family Law Advisory Committee, the author presented a keynote talk addressing the “ethical” issues raised by the use of comprehensive family courts. In this adaptation, the author places the concept of family courts in historical perspective and then assesses the rationale for them and the policy trade‐offs involved, as well as possible procedural safeguards. Consolidated family courts using judical specialists dealing with multiple interrelated parties and integrating an array of social services appear to offer a better approach to related party cases. The author concludes that the benefits outweigh the speculative risks.
SUPERVISED ACCESS
Authors: Bailey Martha
Published: July 2010

This article addresses the question of whether long‐term supervised access is an appropriate solution when unsupervised access is unlikely to become possible in the future. The article assesses judicial decisions and theoretical commentary on this issue in light of the opinions and practices of service providers and in light of the best interest of the child standard. The opinions and practices of service providers were gleaned from published materials and from interviews with service providers at supervised access facilities in Vermont and New Hampshire and in Ontario, Canada. The supervised access facilities surveyed for this research were diverse in their practices and experiences but remarkably similar in their approach to long‐term supervised access. Outside the scope of the research for this article was the question of whether the opinions and practices of the service providers at the facilities surveyed are representative, and this question requires further investigation.
EMOTIONAL DISTRESS IN CHILDREN OF HIGH‐CONFLICT DIVORCE
Authors: Ayoub Catherine C. , Deutsch Robin M. , Maraganore Andronicki
Published: July 2010

This study examines factors that contribute to the emotional distress of children whose parents experience an acrimonious divorce with conflict over custody and visitation issues. Information was gathered systematically from guardian ad litem reports on 105 children in order to explore the child's emotional distress in response to individual‐, parental‐, marital‐, and custody–related factors. Findings emphasize the impact of the level of marital conflict in predicting increases in the child's emotional distress. The child who witnesses domestic violence and experiences child malmatment suffers a powerful cumulative impact from these factors. which results in a steep increase in emotional distress symptoms. A cluster of relevantfactors taken jointly, including the level of marital conflict, violence against a partner or against the child, the parent's mental health, the child's medical condition, and the nature of visitation changes, all contribute signifcantly to the child's emotional distress.
FROM INFANTS TO ADOLESCENTS A Developmental Approach to Parenting Plans
Authors: Garon Risa J. , Donner Danielle Saba , Peacock Kristin
Published: July 2010

Divorce and the resultant process of child custody decision making impact heavily on the lives of children. Increasingly, parents and professionals have realized the importance of encouraging shared responsibility in child rearing following separation and divorce. This shared responsibility must continue throughout a child's life and into young adulthood. This article introduces a comprehensive child‐and family‐focused model of decision making. The goal of this model is to assist professionals in their work with parents and to help parents formulate parenting plans that reflect the ever‐changing developmental needs of each child and that specify how each parent will meet the particular needs of each child in the family. Through the use of educational parenting seminars and the completion of a Needs Assessment for each child, flexible parenting plans are created and positive co‐parenting skills develop.
MEYER ELKIN ADDRESS
Authors: Wellstone Sheila , Wellstone Paul
Published: July 2010

The millennium Association of Family and Conciliation Courts conference, held in New Orleans, Louisiana, brought about the third annual Meyer Elkin Address. Following Jonah, Peter, and Marian Wright Edelman in 1998 and George Thomson in 1999, the organization was honored to have Senator Paul Wellstone and Sheila Wellstone discuss important issues involving domestic violence and other family and children's issues. Both Senator Wellstone and Wellstone are nationally recognized leaders in the area of domestic violence advocacy. They are sincere and diligent in their efforts to protect and promote families and children. It was a privilege to listen to the following address.
THE CASE FOR ADOPTION ALTERNATIVES
Authors: Brooks Susan L.
Published: July 2010

In this article, the author takes a unique approach to adoption, criticizing the law's heavy emphasis on adoption while not promoting other permanency alternatives. The author advocates the use and promulgation of subsidized guardianship and cooperative adoption as positive alternatives to traditional adoption. First, the author considers the Adoption and Safe Families Act (ASFA). Discussions of therapeutic jurisprudence and preventive law follow. Then, she talks about family systems theory and cultural competence, leading to discussion of her two favorite alternatives. After examining these theories and approaches, she concludes that these options do a better job of maintaining family relations and correspond more closely with psychological theory.
SHOULD JUDGES CLOSE THE GATE ON PAS AND PA?
Authors: James Williams Justice R.
Published: July 2010

Parental Alienation Syndrome and Parental Alienation are evolving clinical concepts. They are controversial. Their limits, the limits of the legal system, and recent developments in the use and admissibility of expert evidence call into question the appropriateness of their use within the trial process.
LEGAL CONSUMERS AS COPRODUCERS
Authors: Robertson Michael , Giddings Jeff
Published: July 2010

Although the extent of unbundling among private legal practitioners in the changing Australian marketplace remains uncertain, there is a shift in thinking about the appropriate role of consumers in accessing everyday legal services. This is evident in the delivery of legal services other than those provided by private practitioners, where the consumer's role in legal service delivery arrangements is gradually being transformed. Among those institutions that are responding positively, if not inevitably, to the rising tide of legal self‐helpers is the Family Court of Australia. The court's activities in attempting to meet the needs of its pro seconsumers is simultaneously creating opportunities for unbundled legal service delivery, at least for those lawyers willing to seize these opportunities. It would appear that family law disputes, together with the large numbers of voluntary and involuntary legal self‐helpers that these disputes generate, is fertile terrain for the development of alternative forms of legal service delivery.
A CRITICAL REVIEW OF CHILD CUSTODY EVALUATION REPORTS
Authors: Bow James N. , Quinnell Francella A.
Published: July 2010

This study examined 52 child custody reports drafted by doctoral‐level psychologists from across the United States to determine (a) the nature, scope, and quality of the evaluation process as reflected in report content; (b) the degree to which practice as documented in reports is congruent with practice as described by survey data; and (c) the manner in which evaluation results are communicated to the court. In general, the findings suggest that evaluation procedures identified in reports are consistent with those described in past survey research and with custody guidelines. Evaluations tend to be court ordered, comprehensive, and well written. Ways in which reports can be improved were identified.
ASSESSING FOR ALIENATION AND ACCESS IN CHILD CUSTODY CASES
Authors: Lample Anita K.
Published: July 2010

Alienated children in high‐conflict (HC) custody cases differ from nonalienated children in HC custody cases. Efforts to assess and differentiate between the children should focus first, on establishing what differences do exist and then on what psychometrics are of most help in the assessment. Five categories of HC children and areas where HC children are all alike and where alienated and nonalienated children differ are reviewed. Psychometrics appropriate for the tasks of research and evaluation are proposed.
WORKING TOGETHER
Authors: Ralph Stephen , Meredith Stephen
Published: July 2010

Family Court of Australia has employed four Aboriginal Family Consultants within the Family Court Mediation Service in Darwin and Alice Springs. The consultants were selected from local indigenous people and assist indigenous families who are often in heated dispute over children following family breakdown and separation. The program ultimately seeks to promote access to justice for Aboriginal and Torres Stvait Islander people in the jurisdiction of family law. The program seeks to achieve this by assisting indigenous people to access and utilize the dispute resolution services provided by the Family Court. Family consultants work closely with court mediators in responding to the needs and issues of indigenous families in dispute. The article describes the model of intervention adopted and highlights the benefits of the program with reference to case studies.
LAW SCHOOLS AND FAMILY COURT REFORM
Authors: Schepard Andrew
Published: July 2010

Family courts are underfunded and overwhelmed, and the quality of representation provided by counsel in family court cases is problematic. This article discusses what role law schools can play in promoting family court reform. It argues that law school involvement in family court is consistent with the law school's core missions of education, research, and public service. The article illustrates how law schools can be involved in family court reform by discussing interdisciplinary projects of the Center for Children, Families and the Law of Hofstra University and North Shore–Long Island Jewish Health Systems. Finally, the article identifies some lessons to be learned if law schools want to be involved in family court reform.
BUILDING PARTNERSHIPS TO PROTECT CHILDREN
Authors: Adams Paul , Chandler Susan M.
Published: July 2010

A collaboration between Hawaii's Family Court and Child Protective Services resulted in statewide adoption of a form of family group conferencing–called ‘Ohana Conferencing–which involves immediate and extended family, child welfare professionals, and others in a process of planning for the safety of children. The authors describe this model, its principles, origins, and format, emphasizing the importance within the conference of private family time apart from professionals. They discuss similarities and differences between ‘Ohana Conferencing and mediation, case conferences, and therapy, ‘Ohana Conferencing changes the relations among court (by diverting cases), family, and professionals; the authors address issues and challenges arising from this shift, such as the role of professionals, confidentiality, and decisions about whether to hold a conference and who may invite or veto attendees.
SHOULD PREMARITAL COUNSELING BE MANDATORY AS A REQUISITE TO OBTAINING A MARRIAGE LICENSE?
Authors: Licata Nicole
Published: July 2010

Despite the fundamental importance of marriage in forming the foundation of family and society, divorce in the United States has become a common occurrence with disruptive consequences immediately affecting the children, the family, and society at large. The state therefore has a strong and legitimate interest in strengthening marriage by mandating premarital counseling for all couples contemplating marriage. Premarital counseling is a program that offers the necessary guidance to assist couples in evaluating their readiness to enter marriage, and allows couples to enter marriage with greater understanding and certainty. As a result, mandatory premarital counseling will promote stability in the marital and family relationship and help to reduce marital discord.
RESPONSE TO TROXEL v. GRANVILLE
Authors: Riggs Shelley A.
Published: July 2010

In today's world, children grow up in families that take many different forms, and society can no longer consider the traditional nuclear family the normal or optimal family structure. As a result, in cases of divorce, courts are increasingly relying on the results of psychological research when awarding custody and visitation privileges. In contrast to recent trends, however, the U.S. Supreme Court's majority decision in Troxel v. Granville favors biological parents' rights over the psychological interests of children. This article discusses the potential contributions of attachment theory to the contest between biology and psychology in America's divorce courts.
THE SCIENTIFIC BASIS OF PSYCHOLOGICAL TESTING
Authors: Medoff David
Published: July 2010

The legal standards for admissibility of expert testimony have recently been raised following several U.S. Supreme Court decisins. Although forensic mental health experts have relied on psychological testing as a method of data collection for many years, the scientific basis of such testing has traditionally gone unquestioned in court. Given the increased scrutiny currently being applied to expert testimony, it is more important now than ever for attorneys, judges and forensic experts to understand the scientific principles underlying psychological tests. In this article, the scientific principles of validity and reliability are explained, and scientifically acceptable methods for the forensic use of psychological testing are discussed. The application of recent case law to several well‐known tests is described.
PARENT‐CHILD OBSERVATIONS IN CUSTODY EVALUATIONS
Authors: Hynan Daniel J.
Published: July 2010

Child custody evalutors need to increase the scientific foundations of their work, both for the benefit of clients and to address criticisms of the field. Observations of parents with children potentially yield huge amounts of data, and it is important for evaluators to consistently apply scientific and professional principles to make sense of all that information. Recommendations for observation sessions are made that integrate theory, research, and practice. These recommendations include the most important interactional dimensions to focus on, which family members to have present, the optimal level of stress, the number of sessions needed, and considerations about home visits.
SERVING FATHERS WHO LEAVE PRISON
Authors: Pearson Jessica , Davis Lanae
Published: July 2010

This article describes characteristics, service experiences, and outcomes for 350 ex‐offenders with minor‐aged children who were served at the John Inman Work and Family Center (WFC), a multiservice program offering assistance with employment, child support, and family reconnection. Following their visit to the WFC, fathers had higher rates of employment and child support payment. They also returned to prison at lower rates than the general offender population. Although the findings suggest that parents who leave prison benefit from a collaborative facility that offers multiple services, more rigorous research over longer periods of time is needed to reliably assess the effectiveness of reentry programs.
SITUATED IDENTITIES OF YOUNG, AFRICAN AMERICAN FATHERS IN LOW‐INCOME URBAN SETTINGS
Authors: Gadsden Vivian L. , Wortham Stanton E. F. , Turner Herbert M.
Published: July 2010

Young, low‐income, African American fathers have been at the center of research, practice, and policy on families over the past decade. This article uses a “voicing” analytic technique to examine identities among young, low‐income, African American fathers living in an urban setting; the intersections of these identities; and the fathers' perceptions of the influences of familial, peer, and legal systems as barriers and resources in their development as fathers and the sustainability of their fathering roles. The primary questions addressed urban fathers' representations of their transition to fatherhood, intergenerational relationships, transformative events, and visions of a possible self. Results from a survey, focus groups, and interviews suggest that the fathers seek to reinvent themselves and reconstruct their identities by separating from street life, redefine home as a place of stability, and challenge the practices of social and legal systems that appear to work against their responsible fathering.
CRITIQUE OF CHILD CUSTODY EVALUATIONS BY THE LEGAL PROFESSION
Authors: Bow James N. , Quinnell Francella A.
Published: July 2010

This study explored the congruency between child custody evaluations and the needs of the legal profession. One hundred twenty‐one judges and attorneys were surveyed. In general, both groups expressed similar attitudes and beliefs. Findings indicated that court‐ordered evaluations were most useful, and objectivity was paramount. Judges and attorneys also expressed a need for improvements in child custody reports, particularly greater child focus, provision of custody and visitation recommendations, discussion of legal criteria, and timely completion of evaluations. It is hoped that the findings will inform professional practice and help evaluators better serve the needs of the family court.
MEDIATING JUDICIAL POLICY
Authors: Firestone Gregory , McNeal Raymond T. , Starnes Hugh E.
Published: July 2010

Despite the widespread use of mediation to resolve public policy disputes, there is little written on the mediation of judicial rule disputes. A successful mediation of a dispute over proposed court rules to govern mediation of certain family law cases involving domestic violence concerns is reviewed. The authors conclude that the mediation provided (a) a confidential venue for disputing judges to respectfully disagree with one another, (b) an opportunity for collaborative problem solving, (c) an opportunity to reduce conflict among judicial colleagues. (d) a format for dialogue with other stakeholders, and (e) greater degree of influence with regard to the outcome of the dispute. Specific recommendations to encourage the effective use of judicial policy mediation are offered.
WHAT MAKES A FAMILY?
Authors: Cooper Molly
Published: July 2010

This note analyzes the issue of gay and lesbian adoption. Although such adoptions are becoming more accepted in the United States, there remain a few states—Florida, Mississippi, and Utah—that have banned gay and lesbian adoptions. This note will propose new legislative language for adoption laws in conservative states.
IN THE BEST INTERESTS OF CHILDREN
Authors: Firestone Gregory , Weinstein Janet
Published: July 2010

In the traditional family law and child protection litigation where the court is asked to make determinations based on the best interests of a minor, the adversarial, rights‐based model often fails to serve the interests of children and families and may be more harmful than beneficial to children relative to other possible methods of dispute resolution. This article examines the shortcomings of such an adversarial, rights‐based model; briefly highlights the literature on dispute resolution systems design; and then proposes a new approach to better serve the interests of children in family law and child protection cases.
FAMILY GROUP CONFERENCES
Authors: Chandler Susan M. , Giovannucci Marilou
Published: July 2010

Family group conferencing has emerged as a child welfare system–transforming practice that fosters new collaborations between families, child welfare practitioners, and the courts. The key components of the model are explained. This article highlights the strengths and challenges associated with incorporating family group conferencing into traditional child welfare agency and court practice. It suggests future practice considerations and outcome‐based study that are necessary to strengthen and sustain family group conferencing as a prevention/intervention strategy.
VISITATION AND CHILD SUPPORT GUIDELINES
Authors: Garfinkel Irwin , McLanahan Sara , Wallerstein Judith
Published: July 2010

Fabricius and Braver argue that nonresident fathers incur appreciable visitation expenses and that their child support obligations should be reduced accordingly. To assess whether fathers incur “appreciable” expenses requires data from mothers and fathers on expenditures in dollar terms rather than data from college students on items kept in the nonresident father's house. The Fabricius and Braver data also overstate the degree to which all divorced fathers do anything for their children. Representative data indicate that father visitation declines substantially over time. Father's postdivorce, post–child support standard of living remains twice that of mothers and children. The cliff model—making adjustments for visitation only in the rare cases of very high shared physical custody—is sensible policy.
EXPENDITURES ON CHILDREN AND VISITATION TIME
Authors: Fabricius William V. , Braver Sanford L.
Published: July 2010

In their critique, Garfinkel, McLanahan, and Wallerstein raise concerns about the representativeness of the authors' sample, benchmark approach methodology, and historical review of guidelines, all of which lead them to discount the evidence presented opposing the cliff‐model assumption of father expenditures on children, and to laud instead child support guidelines that give little monetary credit or adjustment for visitation. This article presents evidence that (a) this sample is at most little biased, and remains trustworthy for the main implications presented; (b) although only a beginning, the benchmark approach is highly useful and most of the concerns raised about it are ill founded or implausible; and (c) the historical review suggesting that current guidelines assume zero visitation expenses is indeed accurate for the vast majority of states, according to the foremost authority. Thus, notwithstanding the critique, these findings have merit and importance and should be considered by policy makers. The authors also comment on the additional arguments against continuous and generous adjustments for visitation, finding them based on a weak foundation of evidence and reasoning.
ASSESSING SUBSTANCE ABUSE QUESTIONS IN CHILD CUSTODY EVALUATIONS
Authors: Schleuderer Claude , Campagna Vicky
Published: July 2010

Substance use is rampant in contemporary society, but little attention has been paid to it in the context of child custody evaluations (CCEs). This article provides concrete suggestions for integrating issues about substance abuse into a more overarching CCE and discusses specific assessment strategies.
MOVIN' ON
Authors: Thompson D. A. Rollie
Published: July 2010

In Canada, relocation cases are governed by the 1996 Supreme Court of Canada decision in Gordon v. Goertz, thanks to Canada's constitutional and judicial structure. Gordon rejects presumptions or burdens, mandating an individualized best interests inquiry in every case. Since 1996, appeal courts have done little to develop or refine this approach. Trial level decisions do reveal certain trends, allowing moves in about 60% of cases, but more often for “primary caregivers” and much less often in shared custody cases. Federal custody reform proposals to date have not addressed relocation issues.
RECONNECTING CHILDREN WITH ABSENT PARENTS
Authors: Freeman Rhonda , Abel David , Cowper‐Smith Mary , Stein Laurie
Published: July 2010

Reconnecting a child with an absent parent is a complex process. This article describes variables influencing the reconnection and proposes a seven‐stage model for supporting successful reconnections. Case examples illustrate the discussion. Ethical dilemmas for practitioners and courts involved in reconnections are outlined. Guidelines for working with reconnections and directions for future work are proposed. Experience with the model underscores the importance of maintaining a child‐centered focus and timeline, understanding safety and risk issues and implementing an appropriate safety plan, the critical role of assessment and support services, and the value of consultation and teamwork.
ASSESSMENTS FOR POSTSEPARATION PARENTING DISPUTES IN CANADA
Authors: Bala Nicholas
Published: July 2010

There is controversy in Canada about the use of assessments by mental health professionals to assist in the resolution of postseparation disputes between parents about their children. Although the principles developed by the Supreme Court of Canada to govern the admission of expert evidence in criminal law cases provides guidance for judges in family law cases, in deciding whether to order an assessment or admit expert evidence, family law judges must also take account of the child‐related context. Mental health professionals can provide valuable information that would otherwise be unavailable when making prospective decisions about children. Court‐appointed assessors also have a significant institutional role in the family law cases that has no equivalent in the criminal law context. Assessors are important not only for the relatively rare cases that go to trial, but they also play a central role in helping to resolve the much larger number of cases that are settled.
BURDEN OF PROOF BEGONE
Authors: Chill Paul
Published: July 2010

This article examines the tendency of emergency child removal decisions—by social workers, police officers, and judges—to become self‐reinforcing and self‐perpetuating in subsequent child protective proceedings. This snowball effect, as one court has referred to it, is widely acknowledged by lawyers who practice in juvenile court, yet is largely unknown beyond those circles. The article explores the causes and consequnces of this phenomenon in the age of the 1997 federal Adoption and Safe Families Act (ASFA), which converts every day that a child spends in foster care into one more tick of the clock in a countdown toward termination of parental rights. The article provides some background on the law and practice of emergency child removal in the United States today, analyzes the factors that make initial removals outcome determinative in many child protection cases, considers the implications of this phenomenon in light of ASFA, and identifies possible solutions.
COMMENTARY ON KELLY AND JOHNSTON'S “THE ALIENATED CHILD: A REFORMULATION OF PARENTAL ALIENATION SYNDROME”
Authors: Gardner Richard A.
Published: July 2010

In a previous issue of this journal, Joan B. Kelly and Janet R. Johnston describe their reformulation of the parental alienation syndrome (PAS). Here, I present areas in which I agree with the authors and areas in which I disagree. Particular focus is placed on these PAS‐related issues: the syndrome question, PAS versus parental alienation, the medical model, custodial transfer, gender bias, DSM‐IV. empirical studies, and the misapplication of PAS.
IF A THREAT OF VIOLENCE IS PRESENTED, WHEN DOES THE LAW REQUIRE FAMILY MEDIATORS TO BREACH CONFIDENTIALITY?
Authors: Bartens James
Published: July 2010

For a family mediator to protect his client, a third party, and/or himself from unlawfully disclosing a client's admission, the family mediator should use the principles set forth in Tarasoff v. Regents of the University of California when a threat of violence is presented by one of his clients, since many states have adopted these principles through case law and statute to protect third parties from acts of violence. The two most significant factors in determining whether to breach confidentiality are the identifiability of the victim and the likelihood of the potential physical harm. If a jurisdiction has not explicitly done so via statute, the family mediator should nonetheless follow these principles since they are likely to be adopted by that jurisdiction through case law, because the probability of a court's finding a special relationship between a family mediator and a client is relatively high.
TAKING DIVORCE OUT OF THE CONTEXT OF DISPUTE RESOLUTION
Authors: Zaidel Susan
Published: July 2010

It has been suggested that a new system be developed for handling family problems, such as divorce and child protection—a system that would replace the adversarial court system. The author suggests going one step further: an alternative system that would take divorce out of a dispute resolution frame. The Danish system is described as an example of an administrative approach to divorce.
Myostatin null mice respond differently to dietary‐induced and genetic obesity
Authors: DILGER Anna C. , SPURLOCK Michael E. , GRANT Alan L. , GERRARD David E.
Published: July 2010

Our objective was to determine sensitivity of myostatin null (MN) mice to obesity induction by dietary or genetic means. To induce dietary obesity, 3‐week‐old wild type (WT) and MN mice were fed diets with 60% calories (HF) or 10% calories from fat (LF) for 4 weeks. MN mice did gain body fat on the HF diet but to a lesser extent than WT mice. Body weight and fat content was similar in MN mice fed HF and LF diets. To induce genetic obesity, the MN mutation was incorporated into leptin db/db (DB) mice generating mice homozygous for each mutation (MNDB). Nine‐week‐old MNDB mice were obese, similar to DB mice. Body weight, body fat content, fat pad weight and adipocyte size were all increased in MNDB mice compared to MN and WT mice and were quite similar to DB mice. However, fasting blood glucose, an indicator of insulin resistance and diabetes, was reduced in MNDB mice compared to DB mice. These results indicate that MN mice gain less body fat than WT on a HF diet, but the MN mutation does not alter fat accumulation caused by DB mutation. Thus, MN mice are not always resistant to obesity development.