Clinicians’ Contribution to Tribunal Annulment Cases:

Mercy & Justice

FRANK J MONCHER, PHD

LICENSED CLINICAL PSYCHOLOGIST

CATHOLIC DIOCESE OF ARLINGTON

Outline

1. Definitions

2. The Range of Roles

3. Types of Tribunal Cases

4. Motu Proprio Reforms

5. Anthropology and Psychology of the Work

6. How To’s

7. Case Examples

1. DEFINITIONS

Catholic understanding of Marriage

CANONS 1055-1060

DEFINITIONS CONT.

Declaration of Nullity

aka. Annulment

… NOT a Catholic divorce

DEFINITIONS cont.

(Arch)Diocesan Tribunal

• Parties (Petitioner & Respondent)

• Advocate

• Presiding judge

• Auditors

• Witnesses

• Defender of the Bond

Rota

2. ROLE of the mental health professional

Prior to ruling

Assessor / Peritus (expert)

After

Reassessment (Metropolitan/Rota)

ROLE of the mental health professional

Vetitum (prohibition)

Monitum (warning)

3. Types of Nullity Cases

1. Direment Cases

2. Documentary Cases

3. Privilege Cases

4. Formal Cases

Formal Cases

Error, Force & Fear, Ignorance

Simulation, Fraud,

Intentions Against …

Issues of capacity (Canon 1095)

Canon 10951. Incapacity

2. Lack of Due Discretion

3. Inability to Assume the obligations of marriage due to a psychic condition

Permanence

Fidelity

Fecundity

4. Motu Proprio: “Mitis Iudex Dominus Iesus”

On the Reform of Canonical Processes for the Declaration of Nullity of Marriage

Context/Goals

1. Mercy: “Having as a guide the supreme law of the salvation of souls”

2. Justice: “a plan of reform, holding firm, however, to the principle of the indissolubility of the matrimonial bond”

“Mitis Iudex Dominus Iesus”: MERCY:

… great number of Christian faithful

… seek to assuage their consciences

… charity and mercy demand that the

Church, like a good mother, be near

her children who feel themselves

estranged from her.

“Mitis Iudex Dominus Iesus”: JUSTICE

… provisions that favor … speed of processes … the simplicity due them, lest … doubt overshadow … the faithful awaiting a decision

… cases of nullity to be handled in a judicial rather than an administrative way …. need to safeguard the truth of the sacred bond.

“Mitis Iudex Dominus Iesus”: Fundamental Changes

1. Multiple Diocese may be competent

2. Only a single ruling needed in affirmative cases

3. “Rare and Exceptional Cases” can be judged personally by Bishop

4. Renewed emphasis on Pastoral care during preparation of cases

5(a) Anthropology of the Work:Two Problems

Reductionism A problem in the understanding of

what marriage is, eg., Instead of a true communion of life and love, Becomes a dependent on accidental factors

Determinism The expert presupposes that a person’s

past not only helps to understand the present but inevitably determines it in such a manner as to eliminate all possibility of free choice.

Versaldi’s Anthropology:“Incapacity for Marriage”

Argues for a Psychological Evaluation that integrates a Catholic vision of the person, marriage, and family, because…

an increase in the number of cases are based on the grounds of some psychological defect, and thus the importance of this dialogue between psychology and canonists has increased.

Rulla’s Realities

1st – Human Capacity for

Self-transcendence

2nd – Human nature has inherent Limitations

5(b) Psychology of the Work

Canonical vs. Clinical Normality

Psychic Maturity vs. Canonical Maturity

True Incapacity vs. Mere Difficulty

Incapacity to elicit and implement a valid consent probable in:

1. Psychosis impaired reality testing2. Primitive personality no capacity

to relate to other as someone distinct from self

3. Sexual deviations when connected with personality disorganization

4. Neuroses only where impairment directly impacts object of consent

Some Common Differences Between

American and Rotal JurisprudenceAmerican Tribunals

c. 1095 is the easiest ground to prove

Any difficulty can be used to declare the nullity of the marriage

Every problem that the couple experiences can be placed under this ground

It can easily be proven that the marriage is null because of immaturity

Immaturity = did not know what marriage entailed

In cases of psychic incapacity, the problems make the case

In cases of psychic incapacity, the expert resolves the issue (declares the nullity)

Rotal Jurisprudence

c. 1095 is a very difficult ground to prove

“For the canonist, the principle must remain clear that only a true incapacity, not a difficulty…” JP II

“Only the most severe forms of psychopathology…” JP II, 1987

The Rota does not accept immaturity as a ground of nullity. Franceschi, 2011, Lopez-Illana, 1997.

Canonical maturity, gives the persons the opportunity to grow in mutual knowledge

In cases of psychic incapacity, the evaluation of an expert is needed, DC, art. 209.

c. 1095, 2. The most widely used ground of nullity?Percentage of Decisions Granted on Grounds of Invalid Consent by First

and Second Instance Tribunals in the United States

Year Invalid Consent –

World

Invalid Consent –

United States

United States

Percentage

1985 46,956 36,803 78%

1987 55,969 41,584 74%

1989 53,886 40,401 74%

1991 56,030 42,051 75%

1993 52,004 37,597 72%

1995 55,757 39,276 70%

1997 55,501 39,128 70%

1999 54,220 36,229 67%

2001 57,062 38,410 67%

2003 58,923 39,260 67%

2005 50,034 33,035 63%

2007 49,027 27,534 56%

2009 46,775 25,196 54%

2011 44,016 21,288 48%

2013 40,352 19,418 48%

6. How to??

1. Referral from the judge

2. Review of the Acts

3. Direction from the Presiding Judge (and Defender of the Bond)

4. Interviews with the Petitioner

(and Respondent)

REPORTS

1. Different from traditional psychological evaluation reports

2. Emphasis on clarity, Regarding Sources of information

Use of Christian anthropology

Certitude of observations

3. Avoid reaching judgment, but….

4. Recommendations as indicated

Vetitum

Prohibits a party from marrying until the cause of the first annulment has been properly dealt with

E.g., a person who lacked discretion to marry in the first marriage, must show that he now has the proper level of discretion in the next relationship proposed.

Conclusion: Mercy or Justice?

Tension between goals:

1. Returning people to the sacraments

2. Preserving existing marriages in difficulty

3. Ensuring that people understand the Christian meaning of marriage