How to Build a Problem-Solving Family Court Within a Traditional - - PDF document

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How to Build a Problem-Solving Family Court Within a Traditional - - PDF document

4/8/2020 How to Build a Problem-Solving Family Court Within a Traditional Court Sponsored by With No Money OurFamilyWizard.com Judge Linda Fidnick AFCC Webinar Series April 9, 2020 1 Learning Objectives Why do you need a problem-solving


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How to Build a Problem-Solving Family Court

Within a Traditional Court With No Money

Judge Linda Fidnick AFCC Webinar Series April 9, 2020

Sponsored by OurFamilyWizard.com

Learning Objectives

Why do you need a problem-solving family court? Convincing your legislators and court leaders What tools do you need to create your own problem-solving family court? Necessary resources: staffing, space, record-keeping, forms, brochures, manuals, materials What obstacles might you face in starting a problem-solving family court? Obtaining funding and “buy-in” from the community

“If intractable parent-child conflicts are not resolved they become malignant.”

  • -Matt Sullivan, AFCC President, PhD

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Why Do You Need a Problem-Solving Family Court?

Parental conflict impacts all of society

“Associations have been noted between marital conflict and many indices of child maladjustment, including internalizing and externalizing behavior problems, post-traumatic stress symptoms, physiological and health symptoms, and problems with mood, academics, peer relationships, and social problem-solving abilities.”

Margolin, G., Oliver, P .H., and Medina, A.M. (2001). Conceptual Issues in Understanding the Relation Between Interparental Conflict and Child Adjustment In J. H. Grych & F . D. Fincham (Eds.), Interparental Conflict and Child Development (pp. 9-38). New York: Cambridge University Press.

Why should the child have a voice?

“The Child-Inclusive intervention had several impacts not evident in the other treatment group, related to relationship improvements and psychological well-being. These effects were strongest for fathers and children. Agreements reached by the Child-Inclusive group were significantly more durable, and the parents in this group were half as likely to instigate new litigation over parenting matters in the year after mediation as were the Child-Focused parents.”

McIntosh, J.E., Wells, Y .D., Smyth, B.M., Long, C.M. (2007). Child-Focused and Child-Inclusive Divorce

  • Mediation. Family Court Review 46(1), 105-124.

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The benefits of mediation

“Mediation helps to reduce coparenting conflict, and it also reduces the likelihood that parents will enter adversary legal processes that, on average, increase coparenting conflict.”

Sbarra, D.A., Emery, R.E., (2008). Deeper Into Divorce: Using Actor-Partner Analyses to Explore Systematic Differences in Coparenting Conflict Following Custody Dispute Resolution. Journal of Family Psychology 22(1), 144-152.

The importance of mental health professionals

We know that families are moving targets as they travel through the life

  • span. They are constantly in motion as

each individual moves through their own developmental trajectory in relation to

  • ther family members. By definition we

know that families will finish the divorce process in a different place than where they started. With our help it will hopefully be a better one, or at the very least, the best possible one. As family therapists working with divorcing families, we are often working with preexisting problems that may have been a part of causing the separation or have been exacerbated by the separation and are getting in the way of the divorce process. By identifying and addressing these problems as much as possible, the families not only resolve the problems of the divorce but also have the

  • pportunity to increase the well-being of

the entire family for the future.

Gamache, S.J., (2015). Family Peacemaking with an Interdisciplinary Team: A Therapist’s Perspective. Family Court Review, 53(3), 378-387.

Interdisciplinary teams

“Divorce is, in part, a legal event that requires resolution

  • f disputes, drafting of agreements, and filing appropriate

documents with the court. However, those are hardly the only needs of parents and children in reorganizing families. Parents need financial planning to manage the pressures of setting up two households. Their children sometimes need a mental health assessment and support to deal with their acting out and educational difficulties in reaction to parental conflict. Parents, in some cases, need mental health therapy for depression or treatment for alcoholism. Couples need assistance in moving past their anger and hurt to resolve financial issues pertaining to the divorce and to develop a strategy for co-parenting in the future.”

Pruett, M.K., Schepard, A., Cornett, L., Gerety, C., Love Kourlis, R. (2018). Law Students on Interdisciplinary, Problem-Solving Teams: An Empirical Evaluation of Educational Outcomes at the University Of Denver's Resource Center for Separating and Divorcing Families. Family Court Review, 56(1), 100-118.

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4/8/2020 4 Welcome to . . .

FRSC

A community-based problem-solving court for families in conflict

WHO WE SERVE

All Families With Children

Married Never-Married Counseled (including Limited Assistance Representation) Pro Se

Types of Actions

Divorce Separate Support Paternity Custody-Support-Parenting Time Modification Contempt Guardianships of Minors

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How did FRSC get started?

How did FRSC get started?

AFCC’s Vision:

A justice system in which all professionals work collaboratively through education, support, and access to services to achieve the best possible outcome for children and families.

The FRSC Planning Committee

Judge Retired Judge (who was also a social worker and a mediator) Mediator (who is also a lawyer) Court Managers Mental Health Professional Researcher

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FRSC Advisory Board

Judges and judicial staff, Registry, Probation Local attorneys, mediators, conciliators Community mental health professionals Community service providers Academics

FRSC Community Partners

The Hampshire County Bar Association Community Action/The Mediation and Training Collaborative ServiceNet Community and Support Options/Bridge Family Resource

Center

Center for Human Development

The Interdisciplinary Team

The Judge: Open to working with professionals in addition to lawyers and who sees the value of alternate means of resolving family disputes The Family Consultant: A mental health professional who has expertise in working with families experiencing divorce and separation The Mediator: Experienced in working with families, divorce, and separation

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Attorney for the Child: A lawyer with experience in interviewing and working with children in the family law context Family Service Staff: A member of the court staff who understands the process and can work with lawyers, mental health providers, and self- represented litigants Parents’ Attorneys: Attorneys willing and able to utilize a less-adversarial method of representing clients in family law matters

FRSC Funding

Part of ordinary court operations Three additional components: Family Consultant; Child’s

Attorney; mediation

Stage 1: Volunteers Stage 2: Local funding and partnerships Stage 3: Legislative earmark in FY2019 Stage 4: Legislative earmark and Trial Court funds in FY2020 Stage 5: To be determined

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FRSC Consent Form

  • Voluntary process
  • Opt-in/Opt-out
  • If parents opt-out, case reassigned

to a different Judge FRSC Parenting Questionnaire

  • Parents complete, file with

Probation, and exchange with each

  • ther
  • Reviewed by everyone on the team:

Probation FC Child’s Attorney Mediator Judge

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FRSC Court Conference Set Up Child’s Attorney FRSC Judge Parent’s Attorney Parent Probation Officer Family Consultant Parent’s Attorney Parent Mediator FRSC Surveys

  • Completed on-line
  • Reviewed only by researchers at

Smith

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FRSC Stats to Date

59 Families 62 Total actions 28 Contested Divorces 13 Petitions for Custody-Support-Parenting Time 16 Modifications 4 Contempts 1 Guardianship of a Minor 79 Kids

Results

6 opt-outs; 1 reconciliation All but 2 FRSC cases resolved by full agreement All but 1 FRSC case resolved within time standards Subsequent actions with 42 families that remained in FRSC: 2 Modifications to voluntarily increase child support 4 Modifications (1 dismissed by agreement; 2 resolved by

agreement; 1 pending)

4 Contempts (1 voluntarily dismissed; 2 dismissed by agreement;

1 resolved by agreement)

FRSC Expansion

Guardianships of Minors Western Mass Regional Specialty Court Second FRSC Judge Demand now exceeds resources; waiting list

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Questions . . .

For more information and assistance setting up your own problem-solving family court, please contact:

Linda Fidnick, First Justice, Hampshire Probate and Family Court linda.fidnick@jud.state.ma.us Noelle Barrist Stern, Judicial Case Manager, Hampshire Probate and Family Court noelle.stern@jud.state.ma.us

Thank You

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