Contemporary Issues in Family Law and Mental Health is an original and practical discussion of cutting-edge issues in family relations and the law. Through the prism of family law, and custody disputes in particular, it discusses the basic principles that underlie the proper use of mental health evidence in court and it sets out the proper use of mental health evidence in litigation. The first and most important principal is that forensic mental health practice and procedures must track the legal process, not the other way around. The goal of mental health treatment is fundamentally different.
This volume tackles key issues in the changing nature of family life from a global perspective, and is essential reading for those studying and working with families. Covers changes in couple relationships and the challenges these pose; parenting practices and their implications for child development; key contemporary global issues, such as migration, poverty, and the internet, and their impact on the family; and the role of the state in supporting family relationships Includes a stellar cast of international contributors such as Paul Amato and John Coleman, and contributions from leading experts based in North Africa, Japan, Australia and New Zealand Discusses topics such as cohabitation, divorce, single-parent households, same-sex partnerships, fertility, and domestic violence Links research and practice and provides policy recommendations at the end of each chapter
The modern emergence of mediation in the West in the 1980s represents a profound transformation of civil disputing practice, particularly in the field of family justice. In the field of family disputes mediation has emerged to fill a gap which none of the existing services, lawyers and courts on the one hand, or welfare, advisory or therapeutic interventions on the other, could in their nature have filled. In the UK mediation is now the approved pathway in the current landscape of family dispute resolution processes, officially endorsed and publicly funded by government to provide separating and divorcing families with the opportunity to resolve their disputes co-operatively with less acrimony, delay and cost than the traditional competitive litigation and court process. The consolidation of the professional practice of family mediation reflects its progress and creativity in respect both of the expanding focus on professional quality assurance as well as on developments of policy, practice guidelines and training to address central concerns about the role of children in mediation, screening for domestic abuse, sexual orientation and gender identity as well as cross-cultural issues including the role of interpreters in the process. Other areas of innovation include the application of family mediation to a growing range of family conflict situations involving, for example, international family disputes (including cross border, relocation and child abduction issues). Written by leaders in family mediation, this title provides a contemporary account of current practice developments and research concerning family mediation across a range of issues in the UK and Ireland.
Parental alienation is an important phenomenon that mental health professionals should know about and thoroughly understand, especially those who work with children, adolescents, divorced adults, and adults whose parents divorced when they were children. In this book, the authors define parental alienation as a mental condition in which a child - usually one whose parents are engaged in a high-conflict divorce - allies himself or herself strongly with one parent (the preferred parent) and rejects a relationship with the other parent (the alienated parent) without legitimate justification. This process leads to a tragic outcome when the child and the alienated parent, who previously had a loving and mutually satisfying relationship, lose the nurture and joy of that relationship for many years and perhaps for their lifetimes. We estimate that 1 percent of children and adolescents in the U.S. experience parental alienation. When the phenomenon is properly recognized, this condition is preventable and treatable in many instances. The authors of this book believe that parental alienation is not simply a minor aberration in the life of a family, but a serious mental condition. Because of the false belief that the alienated parent is a dangerous or unworthy person, the child loses one of the most important relationships in his or her life. This book contains much information about the validity, reliability, and prevalence of parental alienation. It also includes a comprehensive international bibliography regarding parental alienation with more than 600 citations. In order to bring life to the definitions and the technical writing, several short clinical vignettes have been included. These vignettes are based on actual families and real events, but have been modified to protect the privacy of both the parents and children.
"Contemporary Issues in Family Law and Mental Health is an original and practical discussion of cutting-edge issues in family relations and the law. Through the prism of family law, and custody disputes in particular, it discusses the basic principles that underlie the proper use of mental health evidence in court and it sets out the proper use of mental health evidence in litigation. In this book of twenty chapters, Michael G. Brock and Samuel Saks discuss many important topics: Facilitative and evaluative mediation, case preparation versus the expert witness, the privilege and ethics of forensic practice, therapy court, valid and invalid scientific evidence, false allegations of abuse, parental alienation, child advocacy, mental health forensics, and child therapy. In addition, the effect of the amendment to the Michigan Rule of Evidence 703 on expert testimony in court is examined, as well as the forensic interviewing protocol in child abuse cases, science and technology, and the search for truth. In several chapters, the authors also describe the problems involved in establishing child abuse in the courts. The book also includes the elements of child custody evaluations, the use of the polygraph test, and when child abuse constitutes malpractice. This engaging book will enrich the literature on family law and mental health. It will help shed light on the challenges and pitfalls that surround the use of mental health evidence in court."--BOOK JACKET.
The rapid social and economic changes, together with the growing diversity and complexity of family life, make it imperative for professionals to redefine the conceptual framework for understanding contemporary families towards more holistic approaches. The present volume brings together the contributions of different academics and practitioners working in various fields of activity: psychology, psychotherapy, sociology, social work, theology, education, medicine and other related disciplines. The deliberate goal of this interdisciplinary dialogue is a shift in the focus of the discourse regarding families from the all-too-common tendency of viewing them in terms of dysfunctions and pathological symptoms towards exploring and celebrating family strengths, resilience, hope and transformation.
"This detailed manual provides best practices in conducting and participating in child custody assessments in situations that involve high domestic conflict and special challenges relating to relocations in domestic disputes."--pub. desc.
Forensic Mental Health Professionals have entered the fray of child custody litigation in ways that could not have been predicted even a decade ago. Traditionally engaged as neutral court appointed evaluators or mediators, or as treatment providers for children, parents or families, FMHPs are assuming a range of consulting functions. Services span a wide range, including providing expert testimony on specific content areas; reviewing and critiquing colleague’s work product; providing behind the scenes consultation to attorneys, and even help attorneys manage difficult cases and clients. These more recent services raise questions about sound professional practice. This volume tackles these thorny issues head on, and discusses questions how consultants can work creatively and ethically to make a positive contribution in the challenging world of family law. This book was originally published as a special issue of Journal of Child Custody.
Family Guide to Mental Illness and the Law offers the nuts-and-bolts legal information and problem-solving steps families need. This accessible resource explains how common legal issues uniquely impact people with various forms of mental illness and what family members can do to help.
