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 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 2 “If intractable parent-child conflicts are not resolved they become malignant.” --Matt Sullivan, AFCC President, PhD 3 1

4/8/2020 Why Do You Need a Problem-Solving Family Court? 4 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. 5 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. 6 2

4/8/2020 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. 7 The importance of mental health professionals We know that families are moving possible, the families not only resolve the targets as they travel through the life problems of the divorce but also have the span. They are constantly in motion as opportunity to increase the well-being of each individual moves through their own developmental trajectory in relation to the entire family for the future. other family members. By definition we know that families will finish the divorce Gamache, S.J., (2015). Family Peacemaking with an process in a different place than where Interdisciplinary Team: A Therapist’s Perspective. they started. With our help it will Family Court Review, 53(3), 378-387. 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 8 Interdisciplinary teams “Divorce is, in part, a legal event that requires resolution of 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. 9 3

4/8/2020 Welcome to . . . 10 FRSC A community-based problem-solving court for families in conflict 11 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 12 4

4/8/2020 How did FRSC get started? How did FRSC get started? 13 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. 14 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 15 5

4/8/2020 FRSC Advisory Board  Judges and judicial staff, Registry, Probation  Local attorneys, mediators, conciliators  Community mental health professionals  Community service providers  Academics 16 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 17 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 18 6

4/8/2020 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 19 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 20 21 7

4/8/2020 FRSC Consent Form • Voluntary process • Opt-in/Opt-out If parents opt-out, case reassigned • to a different Judge 22 FRSC Parenting Questionnaire • Parents complete, file with Probation, and exchange with each other • Reviewed by everyone on the team: Probation FC Child’s Attorney Mediator Judge 23 24 8

4/8/2020 25 Child’s Parent’s Parent Attorney Attorney Mediator FRSC FRSC Court Conference Set Up Judge Family Consultant Probation Parent’s Parent Officer Attorney 26 FRSC Surveys • Completed on-line • Reviewed only by researchers at Smith 27 9

4/8/2020 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 28 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) 29 FRSC Expansion  Guardianships of Minors  Western Mass Regional Specialty Court  Second FRSC Judge  Demand now exceeds resources; waiting list 30 10

4/8/2020 Questions . . . 31 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 32 Thank You 33 11