multidisciplinary programs for prevention and …...multidisciplinary programs for prevention and...

Multidisciplinary Programs for Prevention and Responding to Contact Failure: Education, Early

Identification and Timely, Effective Judicial Intervention

Philip Marcus, Judge (retired), Jerusalem Family Court

May 2020

Objectives

• Contact failure and Parent-Child Contact Problems are a public health issue and parental alienation is psychological maltreatment

• Like any disease, prevention is a primary goal.

• Prevention of PCCP, or early intervention when it occurs, will save children from a lifetime of suffering, and also save budgets for health, social services, judicial systems, etc.

• Prevention requires interdisciplinary learning and collaboration.

• Prevention programmes are vital, and every country needs to develop and operate them.

• The presentation will show how to do it.

All rights reserved Philip Marcus www.philip-marcus. com May 2020

2

PCCPs and PA are Public Health Issues with Serious Economic Implications

• The literature is unanimous: psychological maltreatment causes serious, long term emotional and psychological damage to the children, which affects them also in adulthood, and sometimes neurological damage which affects physical health and development; in many cases, they also affect future generations.

• The economic costs which result are colossal: mental health assessments and treatment, dealing with educational underachievement and reduced lifetime income, social services, medical expenses, family and juvenile court services, legal aid, etc

• Investment in prevention will pay off in budgetary savings far in excess of the expense.


3

Parent Child Contact Problems – A Conundrum?

It’s a conundrum if we start from the wrong end – if we look at it through the wrong, court oriented, end of the telescope.

Court proceedings are almost always:

• Adversarial

• Concerned with blame

• Backward looking

• Binary, win-lose, black-white thinking

• Rights oriented

We have to start at the beginning.


4

Parent Child Contact Problems: Starting at the Beginning

We spend untold effort, time and resources, to rescue the person who falls into the river from the unfenced bridge, and on resuscitation and rehabilitation, when it would be safer, easier and cheaper to build a parapet on the bridge to stop him falling in.


5

Parent Child Contact Problems: Concepts and Controversies

In every case, focusing on the needs of the specific child and parental responsibilities, which are uncontroversial, helps to avoid the dispute over concepts, naming and blaming.


6

Prevention, and Response if Necessary

An ounce of prevention is worth a pound of cure, a stitch in time saves nine, etc, etc.

The quasi-medical model:

• Primary: prevention

• Secondary: early identification and immediate intervention

• Tertiary: Swift and decisive judicial action to prevent permanent damage

If you can’t prevent it altogether, at least stop it before it deteriorates.

But every day counts.


7

COVID 19 –Corona virus

• Primary: No inoculation yet; but identify the symptoms and the method of transmission, and educate the public about preventive measures – masks, gloves, handwashing, lockdown, social distancing.

• Secondary: Prompt diagnosis, quarantine of the sick, alleviation of symptoms; but no medical cure yet.

• Tertiary: Intubation . Recovery uncertain, lasting effects even if successful


8

Silo Demolition: Multidisciplinary Study and Working

“Overspecialization can lead to collective tragedy even when every individual separately takes the most reasonable course of action”. David Epstein Range: Why Generalists Triumph in a Specialized World,(2019 Riverhead Books).

Students and practitioners in all fields dealing with families and individuals need to learn and work together: law, social work, psychology, psychiatry, medicine, education, court administration, therapy, etc.

AFCC and other international, national and local multidisciplinary organizations should take the lead in reaching out to academic entities, professional associations, governmental agencies and NGOs to promote demolition of silos.


9

PA Prevention Working Group

• Formed after PASG International Conference in September 2019, coordinated by Dr. Nick Child, retired child psychiatrist and family therapist (Scotland) and Philip Marcus

Aims and methods:

• To advance prevention

• To build a culture where we work on prevention as much as we work on intervention

• To develop the best prevention ideas and practice to be shared, tried out, and evaluated.

• To formulate the methodology and structure for all of this.


10

Working Group: Collecting Ideas for Prevention

The working group solicited prevention ideas:

64 responses, 132 ideas

Preliminary Report: six points to look at:

• When does PA appear? Who sees it?

• A good target group for prevention

• Reframing severe and entrenched

• Late intervention is not acceptable

• The dilemma of raising public awareness

• Resistance to prevention within the field

N. Child, P. Marcus: The PASG Prevention Project: A Preliminary Report in PAI, Parental Alienation Newsletter, (PASG Parental Alienation Study Group, May 2020


11

Primary Prevention: Educating for Relationships

• Objective: avoid doomed relationships which are liable to end in separation and divorce.

• Targets: high school students, youth movements, religious groups.

• Emphases: on communication skills, finding common values, and problem-solving approaches.

• Methods: Curriculum building, providing suitable materials


12

Primary Prevention: Educating for Parenthood

• Objective: Inform about parental responsibilities (which start at conception), instead of rights.

• Targets: high school students, youth movements, religious groups, couples contemplating parenthood, new parents.

• Emphases: on need for good relationships between parents, on the educational, emotional and psychological welfare of children, on the special needs of children whose parents separate.

• Methods: Curriculum building, providing suitable materials


13

Primary Prevention: Educating the Public

• Objective: Inform about the effects of parental separation and divorce on children, of the possibility and effects of PCCP and especially the dangers of PA

• Targets: The general public; legislators and public officials

• Emphases: On the need to protect the emotional and psychological welfare of children, by taking advice on spousal relationship problems to avoid separation, and if separation is contemplated, to plan in advance with special regard to the needs of the child.

• Methods: Using all media: Radio, TV, movies, social networks, press articles, interviews, legislative proposals, reports of court decisions, etc. Personal stories of adults who as children were alienated are especially effective


14

Primary Prevention: Educating Students

• Objective: Inform about the effects of parental separation and divorce on children, of the possibility and effects of PCCP and especially the dangers of PA

• Targets: Students of psychology, social work, law, medicine, education, therapy, etc

• Emphases: On knowledge about the needs of children when parents separate and divorce and on the need for interdisciplinary training and work methods

• Methods: Lectures, seminars, conferences, academic writing, joint interfaculty courses and clinics.


15

Secondary Identification and Intervention: the Professionals

• Workers, in all professions, who deal with children, parents and families need to be made aware of the effects of parental separation and divorce on children, of the possibility and effects of PCCP and especially the dangers of PA

• Targets: Students of psychology, social work, law, medicine, education, therapy, etc

• Emphases: On knowledge about the needs of children when parents separate and divorce, and on the centrality of interdisciplinary training and work methods

• Methods: Lectures, seminars, conferences, academic writing, courses etc.


16

Secondary Identification and Intervention: Education System K-12

• Objective: Inform about the effects of parental separation and divorce on children, of the possibility and effects of PCCP and especially the dangers of PA.

• Targets: Principals, teachers, counsellors, secretariat, crossing guards, security personnel, restaurant staff, etc.

• Emphases: On knowledge about the needs of children when parents separate and divorce, signs of distress, parental behaviours which may indicate or lead to PA; appointing a point person in each school; when and how to intervene; how to talk to children and parents; need for local interdisciplinary collaboration.

• Methods: Lectures, seminars, handbooks.


17

Secondary Identification and Intervention: Psychologists

• Objective: Inform about the effects of parental separation and divorce on children, of the possibility and effects of PCCP and especially the dangers of PA.

• Targets: All psychologists in public and private sectors, including hospitals

• Emphases: On knowledge about the needs of children when parents separate and divorce, on signs of distress, on parental behaviours which may indicate or lead to PA, on when and how to intervene, on the need for local interdisciplinary collaboration.



18

Secondary Identification and Intervention: Social Workers

• Objective: Inform about the effects of parental separation and divorce on children, of the possibility and effects of PCCP and especially the dangers of PA as psychological maltreatment.

• Targets: Social workers in public institutions, schools, hospitals, court services, private practice, child protection agencies.

• Emphases: On knowledge about the needs of children when parents separate and divorce, signs of distress, parental behaviours which may indicate or lead to PA; when and how to intervene; how to talk to children and parents; need for local interdisciplinary collaboration.



19

Secondary Identification and Intervention: Lawyers

• Objective: Inform about the effects of parental separation and divorce on children, of the possibility and effects of PCCP and especially the dangers of PA as psychological maltreatment.

• Targets: Lawyers in public institutions, private practice, child protection agencies.

• Emphases: On knowledge about the needs of children when parents separate and divorce; on parental behaviours which may indicate or lead to PA; when and how to refer the parent to MHPs; when and how to apply to the court; how to act on behalf of the child as attorney or guardian ad litem; statute and case law; need for local interdisciplinary collaboration.

• Methods: Lectures, seminars, handbooks


20

Tertiary Involvement: Judicial Action is Usually Too Late

If primary prevention efforts and secondary identification and interventions have not been possible or have failed to avert contact problems, the court is the forum in which such problems can be resolved. However, such a resolution is liable to be incomplete, in the sense that even if contact is restored, by court orders requiring the parents and the child to cooperate, the residual feelings, the costs and stress of the proceedings, and the time during which contact did not take place are likely to affect the child and the parents for an extended time.

Except in a few cases, cases get to court when it’s too late.


21

Tertiary Involvement: Judicial Action by a Specialist Family Court

PCCP cases are complex.

Cases where there are allegations of child maltreatment, whether physical, sexual or psychological including PA, are urgent.

They require a competent, experienced judge who has sufficient knowledge about family relations and breakdown, about child development and about mental health, and who is backed by social workers and other experts.

The stakes, in terms of the possible disastrous effects on the child, are too high for these cases to be handled as part of a general list of cases by a judge who has not had specialized training and is not oriented to the needs of the child.

You do not want your family doctor, however competent, to perform brain surgery on your child.


22

Tertiary Involvement: Judicial Action with Social Service Support

The judge needs to have a team, including social workers and other professionals, to assist with assessment and treatment.

The team will adopt policies for dealing with cases so as to expedite cases requiring immediate handling, and a common language for interdisciplinary communication.

Examples:

Linda Fidnick’s Problem Solving Court (AFCC webcast)

Article by Cyr, Poitras and Godbout (FCR Special issue)

Family Court Social Services (Israel Family Courts)


23

Tertiary Involvement: Judicial Case Management: Prioritization

An experienced specialist judge will be able to assess the urgency of dealing with a case on reading the first application that comes before him.

Where abuse is alleged, of any kind, the application must be prioritized, by:

• Setting a preliminary hearing immediately after the date fixed for the response – not more than 10 days after the application is filed

• Requiring a response within a few days

• Requiring the parties, and not only their lawyers, to attend all hearings


24

Tertiary Involvement: Judicial Case Management: Preliminary Hearing

The preliminary hearing requires

• Assessment of danger to the child

• Appropriateness of conflict resolution, referral to social worker

• Appointment of lawyer or guardian ad litem for the child

• Requiring the parents to cooperate with conflict resolution and child’s lawyer/GAL , with sanctions for non-compliance

• Fixing another hearing within 10 days for receiving reports from child’s lawyer/GAL and about conflict resolution efforts


25

Tertiary Involvement: Judicial Case Management: The Second Hearing

Unless the safety of the child prohibits any kind of contact with one of the parents

• Orders for contact, including supervision or remote contact if necessary, to start immediately

• Orders for the child to start assessment by expert in child maltreatment and PA

• Consider if and how the child should communicate with the court

• Orders for the parents to start assessment of parenting and co-parenting

• Orders for the parents, GAL and assessors to report within short time; assessors to propose treatment schedules.


26

Tertiary Involvement: Judicial Case Management: Orders

Orders of the court must

• Be clear

• Be detailed

• Include time limits for performance

• Require clear parameters, goals and timelines for assessment and intervention

• Require interim reports

• Include warning of sanctions for non-compliance


27

Tertiary Involvement: Judicial Case Management: Sanctions

Non-compliance with court orders must not be tolerated

• Gives impression that the court is powerless, thereby reducing standing of the judicial system as a whole

• Gives a bad example to the child.

Sanctions may be:

• Financial (fines, pay legal fees, pay costs to court treasury, change in child support)

• Custodial (imprisonment for contempt of court

• Changes in residence and contact arrangements

• Referral to child protection authories and or police

• etc


28

Tertiary Involvement: Judicial Case Management: But it is so Time

Consuming and Judges are so Busy

Wrong!

Immediate and intensive steps at the outset save time and costs in the future. The parties understand who is in charge, and abusers realize they have nothing to gain by extended litigation.

COVID19-Corona: Those places where, at the very outset, flights were stopped, people were ordered to wear protective gear, restricted to their homes, and quarantine of those exposed to possible patients and carriers, saw far fewer sick people and far fewer deaths.


29

Yes You Can!The above sections, on primary, secondary and tertiary prevention and interventions, are of course suggestions. But they are based on what is being done in Israel, in fact, at the moment, or are planned for the near future.

Circumstances differ in different places. But experience shows that these are minimum needs:

• Someone to take the lead

• A steering committee of likeminded people from the relevant professions

• Develop alliances

• Optimism that things can be changed

• To start, small, e.g. local pilots, and build up step by step. All rights reserved Philip Marcus www.philip-marcus. com May

202030

In Between

• A social initiative

• Assists children and divorced parents to cope, adjust & even grow …

• first in Israel

• In-between is advised by a Professional Advisory Committee of volunteers, composed of senior experts in the fields of psychology, law, social work, education and others, all of whom have wide knowledge and experience in the phenomenon of divorce at the level of society.

• Professional an


31

In-Between Activities

In-between: https://balev.org/

• Centers for multidisciplinary work with children of divorce and their parents

• Education and early intervention will help parents and children to minimize the damage and suffering caused by the breakup of families

• Parental alienation prevention team

• Lectures, seminars, focus groups and handbooks for professionals

• Articles in academic and professional journals

• Working with legislators and policymakers

• Press interviews, radio and TV documentaries

• Social media


32

References

Brassard, M. R., Hart, S. N., Baker, A. J. L., & Chiel, Z. (2019). The APSAC psychological maltreatment monograph. Columbus, OH: APSAC.

Marcus P., Parental Alienation, Contact Refusal and Maladaptive Gatekeeping: A Multidisciplinary Approach to Prevention of Contact Failure, Family Law And Family Realities, 16th ISFL World Conference Book 349–366 (Carol Rogerson et al. eds., 2019).

Marcus P., The Israeli Family Court –Therapeutic Jurisprudence and Jurisprudential Therapy from the Start, 63 Int’l J. L. & Psychiatry 68, 68–75 (2019).

Marcus P., Economic implications of prevention and early intervention for parental alienation, in Parental Alienation: Science And Law (Lorandos D., Bernet B. eds. 2020)

Linda Fidnick https://www.gazettenet.com/Hampshire-County-takes-new-approach-to-custody-disputes-10756257

Campbell J. Children Resisting Contact with a Parent Due to Abuse, Alienation, or Other Causes: Can a Proactive Role for Lawyers Contribute to Better Outcomes? 58 (2) FCR 456-469 (20200

Cyr F., Poitras K., Godbout E. An Interdisciplinary Case Management Protocol for Child Resistance or Refusal Dynamics†58 (2) FCR 560-575 (2020)

Marcus P. Innovative Programs in Israel for Prevention & Responding to Parental Alienation: Education, Early Identification and Timely, Effective Intervention 58(2) FCR 544-559 (2020)


33

https://www.gazettenet.com/Hampshire-County-takes-new-approach-to-custody-disputes-10756257

https://onlinelibrary.wiley.com/doi/10.1111/fcre.12482




References

Marcus P. Parental Responsibilities: Reformulating the Paradigm for Parent-Child Relationships

Part 1: What is wrong with the ways in which we deal with the children of separated parents, and how to put them right.

Part 2: Who has responsibilities to children and what are these responsibilities?

Journal of Child Custody , 83-105 and 106-133, October 2017


34

THANK YOU

To AFCC, the Sponsors, My Family Wizard and SoberLink, and to you for your attention.

Philip Marcus, Judge (Retired), Jerusalem Family Court

Please be in touch for consultations and further information:

www.philip-marcus.com

[email protected]

(972)54 4455703


35

mailto:[email protected]

multidisciplinary programs for prevention and …...multidisciplinary programs for prevention and...

Documents