Jan Faust, Ph.D. Nova Southeastern University

And Independent Practice

Paper Presented at the Annual Legislative Update of the Florida Bar 2009

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Parenting Coordination: Conflict Resolution Alternative

Conflict between married/co-habitating parents is detrimental to children both in the short and long term.

Interparental conflict is more deleterious for children post dissolution of the adult relationship than while the couple is married/co-habitating.

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Child effects are exacerbated if:

One or both parents experience financial problems post divorce.

Parental depression is present.Child unable to maintain positive

relationships with BOTH parents.Parenting practices are adversely impacted

by divorce:“Diminished Capacity to Parent”

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Parental Conflict Children exposed to interparental conflict:

Experience internalizing behavior problems (e.g., anxiety and depressive symptoms)

Experience disruptive behavior problems (e.g., increased aggression)

Academic Difficulties Social/ Emotional maladjustment as well as

academic problems Long term effects post divorce:

Can adversely impact children in their own romantic relationships in adolescence and early adulthood

Lower educational attainmentCompounding effect of conflict

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Alternate Forms of Conflict Resolution/InterventionVarious vehicles of conflict resolution

available to attorneys and judges:Referral for mediationReferrals for therapeutic mediationReferrals to mental health practitioners for

treatment and/or evaluationUse of a parenting coordinatorUse of a GAL

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Core Differences Among These Conflict Resolution Forms

Some address conflict more directly (e.g. parent coordination) while others address more indirectly (e.g., recommendations made by a GAL)

Varying levels of the role of litigation

Differences in individuals involved in intervention

Differences in confidentiality of content and process

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(Asterisk indicates with mediation training)

AssessmentDevelopment of Parenting Plans

Parent Coordination

Parent/Child Reunification

Therapy

Crisis Intervention

Therapy

Guardian Ad Litem

Yes, limited to:•Social

Investigation•Child/ Parent

Interviews•Continuous/ •On-going

Yes No No

YesStatutory:

Child Maltreatment/ DV

No

Mediator No

Yes- in the context of Mediation or PC if Masters Degree in mental health

Yes, limited to: those with

Masters Degree in mental health

No

YesStatutory:

Child Maltreatment/ DV

No

Licensed Psychologist*(Licensed at

doctoral level; Ph.D., Psy.D.)

Yes (unlimited)•Non-continuous

Yes Yes Yes Yes Yes

Other Licensed Mental Health

Practioner(Licensed at

Masters Level; L.M.H.C.,

L.C.S.W., Nurse Practioner)

Yes, limited to:•Social

Investigation•Child/ Parent

Interviews

Yes Yes Yes Yes Yes

Attorneys* No Yes Yes NoYes

Statutory: Child Maltreatment/ DV

No

Psychiatry* Yes, but limited Yes Yes Yes Yes Yes

Clergy*(without mental health degree)

No ? ? No YesYes, limited to: scope of regular

ministerial duties7

Purpose and Goals of Parenting Coordination

Purpose: Assist the parties in creating a parenting plan; Assist the parties in effectuating a parenting plan as issues arise regarding parents’ ability to implement a parenting plan and/or as conflict arises during the implementation of a parenting plan

Goal: Professional teaches the parents parenting, communication, and problem solving skills

Different from mediation/ therapeutic mediation 8

I. Professional Requirements (one of the following):

A. Licensed Mental Health Professional (Chapters 490 or 491)

B. Licensed Physician and certified by the American Board of Psychiatry and Neurology

C. Family Law Mediator, certified by Florida Supreme Court with at least a Master’s Degree in a mental health field

D. Member of the Florida BarMust be a member in “good standing” in all

professions.

Parent Coordinator Statutory Qualifications:

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Parent Coordinator Statutory Qualifications (Continued):II. Complete all of the following: A. Three years of post licensure / postcert.

practice B. Completion of Florida Supreme Court

certified Family Mediation Program C. A minimum of 24 hours of parenting

coordination training Includes: concepts and ethics, family systems

theory and application, family dynamics in separation and divorce, child and adolescent development, PC techniques, Florida Family Law and Procedure, and at least 4 hours DV and child abuse training 10

Parenting Coordination and Confidentiality

Confidentiality of communications made by parties in parenting coordination sessions

Exemptions to confidentiality:To authenticate or deny written

agreement entered into by the partiesTestimony/evidence necessary to

identify for Court issue for resolution (without disclosing communications)

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Parenting Coordination and Confidentiality (Continued)Exemptions to confidentiality (continued):

Testimony limited to compliance with PC and other related Court Ordered referrals (e.g. counseling, evaluation) To notify Court PC no longer appropriate, PC is unable to continue in the role, PC not qualified to resolve specific issues in a case, PC no longer meets minimum qualifications to serve as PC

Parties waive confidentiality and allow PC testimony

Testimony/evidence necessary to protect individuals from abuse and maltreatment

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Other Statutory Considerations

Report of Emergency to the Court

Limitation of Liability

Statute to be enacted October 1, 2009- Provisions of this new statute may

require clarification

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P.C. for the Psychologist/ Mental Health Practitioner/ Attorney

Complex Cases

Motivation for Active ParticipationShould be intrinsic/ internal More often: financial, judicialMore often the maintenance of conflict is more

motivating than the perceived benefits of resolving the conflict

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Primary Areas to Address for Parent Coordination:Primary focus should be on:

Reduction of interparental conflictEnhancement of the quality of parent

relationships with the childrenEnhancement of parenting skillsEnhancement of problem solving skillsApplication of new skills to specific problems

with the additional goal of generalization for the “parenting life” of the child.

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Potential Parenting ObstaclesTypical areas of disagreement include:

Time sharing schedule (drop off/ pick up times and location of such)

Vacation /holiday schedulePhone calls to and from childrenCommunication about the children (e.g. medical

appts.)“Stuff”: clothes, books, sporting equipment Educational, medical and extra-curricular decisions Parental boundary issuesMoney/financial issues related to children

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Good Candidates for P.C. Those who can benefit from a skills based

resolution process

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Complications in Problem ResolutionMay wish to refer to other professional or

utilize a different form of intervention:Complicated bereavementPsychopathology of one or both parentsProtracted anger issuesEstrangementChildren with special needsChild abuse and domestic violence PC

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Parent Coordination Referral by Core Issue

Type of issue

Typical Issues

Time Sharing Issues

Basic Parenting Information

Basic Parenting Skills

Typical Couples Communication Skills

Basic Education Regarding Development

Attorneys

Psychologist/Mental Health

Counselors

Complicated Typical Issues

At least 1 parent with noted/ observed mental health illness

and/or personality disorder

At least 1 parent with complicated bereavement issues

Psychologist or other Counselor with Specialty

Training in Child and Family

Atypical IssuesParent Estrangement

Children with Special Needs

Nullifying Atypical Issues

Domestic Violence

Child Abuse/ Neglect

Judiciary

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Selected References Grych, J.H., Harold, G. T., & Miles, C.J. (2003). A prospective investigation

of appraisals as mediators of the link between interparental conflict and child adjustment. Child Development, 74(7), 1176-1193.

Harold, G.T., Aitken, J.J., & Shelton, K.S. (2007). Inter-parental conflict and children’s academic attainment: a longitudinal analysis. Journal of

Child Psychology and Psychiatry, 48(12), 1223-1232. Kim, K. L., Jackson, Y., Hunter, H.L, & Conrad, S. B. (2009). Interparental

conflict and adolescent dating relationships: The role of perceived threat and self-blame appraisals. Journal of Interpersonal Violence, 24 (5), 844-865.

Lansford, J.E. (2009). Parental divorce and children’s adjustment. Perspectives on Psychological Science, 4(2), 140-152.

Lindsey, E.W., Caldera, Y.M., & Tankersley, L. (2009). Marital conflict and the quality of young children’s peer play behavior: The mediating and moderating role of parent-child emotional reciprocity and attachment security. Journal of Family Psychology, 23 (2), 130-145.

Strohschein, L. (2007). Challening the presumption of diminished capacity to parent: Does divorce really change parenting practices? Family Relations, 56, 358-368.

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Contact Information Jan Faust, Ph.D.

Academic Address and Phone Number: Nova Southeastern University Center for Psychological Studies

3301 College Ave Fort Lauderdale, FL 33314/ 954-262-5713

Private Practice Address 1326 SE 3rd Ave Fort Lauderdale, FL 33316/ 954-562-1644

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