A Judge’s Guide

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RECURRING ISSUES might lead to suspension of visitation rights or a complete denial of physical contact with the child. QUESTIONS TO CONSIDER WHEN EVALUATING PARENT’S CONCEPTION OF PSYCHIATRIC DISORDER • What is the parent’s degree of “awareness/insight” regarding the disorder? • Is the parent compliant with treatment? What are potential effects of noncompliance? • What is the extent of the parent’s “control over symptoms”? • To what degree does the parent involve the child in symptoms or delusions? • Is the parent sensitive to the impact of the disorder on the child? QUESTIONS TO CONSIDER WHEN EVALUATING PARENTAL ABILITY/IMPACT OF PSYCHIATRIC DISORDER ON CHILD • Is the parent able to relate to the child? • Is the parent able to control symptoms? Is the child in any danger if the parent is unable to control symptoms? • Is the parent able to provide for basic needs, including safety, during visit? • What is the child’s age and developmental level? • Is the child able to distinguish between fantasy and reality? • Does the child blame himself or herself for the disorder? Does the child personalize the parent’s statements? • What is the child’s history with the parent’s illness? NATIONAL INTERDISCIPLINARY COLLOQUIUM ON CHILD CUSTODY, LEGAL AND MENTAL HEALTH PERSPECTIVES ON CHILD CUSTODY LAW: ADESKBOOK FOR JUDGES 189-93 (1998). 123 123
RECURRING ISSUES Interference with Custody Orders and Threats of Abduction In balancing the need to protect children from possible abduction by a noncustodial parent with the need to foster parent-child relationships, restrictions on visitation are appropriate when certain risk factors are present. 53 First, you should consider whether HIGH RISK FACTORS FOR ABDUCTION • Prior custody violations. • Clear evidence of plans to abduct includes combination of the following: • Parent is unemployed. • Parent is without emotional or financial ties in the area. • Parent has divulged plans to abduct and has resources to survive in hiding. • Parent has support of extended family and underground networks to stay hidden. • Parent has liquidated assets and maximum draw against credit cards. • There is history of domestic violence. Janet R. Johnson & Linda K. Girdner, Early Identification of Parents at Risk for Custody Violations and Prevention of Child Abductions, 36 FAM. & CONCILIATION COURTS REV. 392- 409 (1998). high risk factors for abduction are present. 54 Restrictions on visitation also are appropriate when obstacles to locating and returning abducted children are great. 55 Such obstacles include the potential to take the child to other jurisdictions that are uncooperative in returning and locating children of parental abductions. 56 If there is potential that the parent will move the child to a foreign jurisdiction that is not party to The Hague Convention, the threat is even greater. 57 Parents worried about the threat of abduction should consider steps to protect the child, such as informing the diplomatic mission of the ex-spouse’s native country that the custodial parent has not agreed to apply for a visa or passport for the child and clarifying with the child’s school who is authorized to pick up or transport the child. 58 In addition to enforcing supervised visitation, the court may mandate that the noncustodial parent post bond prior to visitation to create further barriers against abduction. 59 Finally, restriction on visitation also is appropriate when the abduction has the potential to substantially harm the child. 60 Abduction could cause substantial harm to the child if the parent has a history of abuse or violence, has a serious mental or personality disorder, or has had little or no prior relationship with the child. 61 Third - Party Visitation Parties other than parents may have the legal right to request an order granting visitation with the child. The United States Supreme Court addressed third-party visitation rights in Troxel v. Granville. In a plurality opinion, the Court found a Washington state third-party visitation statute unconstitutional “as applied.” In this case, the trial court had granted visitation rights to the paternal grandparents, over the objection of the mother, based on a state statute that gave any person at any time standing to seek court-ordered visitation. 62 With no fewer than six 124 124
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Second Edition A Judge’s Guide Ma
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A Judge’s Guide: Making Child-Cen
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Lehrmann was kind enough to review
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TABLE OF CONTENTS Introduction.....
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c. Special Considerations .........
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Introduction Child custody and visi
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Managing the Child Custody Case You
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MANAGING THE CHILD CUSTODY CASE The
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MANAGING THE CHILD CUSTODY CASE the
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MANAGING THE CHILD CUSTODY CASE fac
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MANAGING THE CHILD CUSTODY CASE Us
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MANAGING THE CHILD CUSTODY CASE In
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MANAGING THE CHILD CUSTODY CASE pro
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MANAGING THE CHILD CUSTODY CASE dev
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MANAGING THE CHILD CUSTODY CASE fam
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MANAGING THE CHILD CUSTODY CASE In
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MANAGING THE CHILD CUSTODY CASE Mos
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MANAGING THE CHILD CUSTODY CASE chi
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MANAGING THE CHILD CUSTODY CASE 20
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Representation for the Child in Cus
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REPRESENTATION FOR THE CHILD IN CUS
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DEVELOPMENTAL CONSIDERATIONS as Jea
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DEVELOPMENTAL CONSIDERATIONS are fi
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Developmental Considerations DEVELO
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Special Considerations DEVELOPMENTA
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Information Needed to Assess Parent
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How Divorce May Impact Development
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Parenting Considerations Informatio
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In-Chambers Interview Parenting Con
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Developmental Considerations How Di
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In-Chambers Interview DEVELOPMENTAL
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Information Needed to Assess Parent
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Page 83 and 84: Parenting Considerations Informatio
Page 85 and 86: How Divorce May Impact Development
Page 87 and 88: In-Chambers Interview DEVELOPMENTAL
Page 89 and 90: DEVELOPMENTAL CONSIDERATIONS adoles
Page 92 and 93: Parenting Considerations Chapter 4
Page 94 and 95: PARENTING CONSIDERATIONS the parent
Page 96 and 97: PARENTING CONSIDERATIONS attitudes,
Page 98 and 99: PARENTING CONSIDERATIONS who may or
Page 100 and 101: PARENTING CONSIDERATIONS You should
Page 102 and 103: PARENTING CONSIDERATIONS Judges usu
Page 104 and 105: PARENTING CONSIDERATIONS the distan
Page 106: PARENTING CONSIDERATIONS 11 Carol L
Page 109 and 110: EXPERT HELP Framing the Questions -
Page 111 and 112: EXPERT HELP Sometimes mental and be
Page 113 and 114: EXPERT HELP FAMILY AND FORENSIC FAC
Page 115 and 116: EXPERT HELP Second, there is an eth
Page 117 and 118: EXPERT HELP By far the most popular
Page 119 and 120: EXPERT HELP • Given the father’
Page 121 and 122: EXPERT HELP accompanying manual des
Page 123 and 124: EXPERT HELP 1 ANN M. HARALAMBIE, HA
Page 125 and 126: EXPERT HELP 38 Roseby, supra note 3
Page 127 and 128: RECURRING ISSUES a preference”; a
Page 129 and 130: RECURRING ISSUES Denying or Restric
Page 131 and 132: RECURRING ISSUES supervision. If do
Page 133: RECURRING ISSUES The effect the sym
Page 137 and 138: RECURRING ISSUES • The noncustodi
Page 139 and 140: RECURRING ISSUES well. 79 More than
Page 141 and 142: RECURRING ISSUES The following char
Page 143 and 144: RECURRING ISSUES woman is three tim
Page 145 and 146: RECURRING ISSUES may be logisticall
Page 147 and 148: RECURRING ISSUES Even where mediati
Page 149 and 150: RECURRING ISSUES 26 LEMON, supra no
Page 151 and 152: RECURRING ISSUES in visiting grandp
Page 153 and 154: RECURRING ISSUES 83 Zorza, supra no
Page 155 and 156: RECURRING ISSUES 124 Matthews, supr
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Page 159 and 160: Model Code of Judicial Conduct Cano
Page 161 and 162: Paul Marvy & Debra Gardner. (2005).
Page 163 and 164: Dispute Resolution Research.: A Rep
Page 165 and 166: Implications for Lesbian Mothers, 2
Page 167 and 168: Clinical Symptoms and Legal Remedie
Page 169 and 170: Thoennes & Tjaden. (1990). The Exte
Page 171 and 172: John Dewitt Gregory. (1998). Blood
Page 173 and 174: 21. Resources for Children Sally B.
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Page 177 and 178: 166
Page 179 and 180: eleased publications. All NACC memb
Page 181 and 182: www.Familyequality.org Organizatio
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PRELIMINARY PARENTING PLAN A. How w
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5. Extracurricular activities Supp
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3. Topics to be discussed 4. School
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I challenge you all the time. I lik
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II. SCOPE AND DEFINITIONS A. Scope
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Commentary The lawyer should not pr
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domestic violence. Settlement frequ
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expert testimony on the issue, or h
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B. Informing and Counseling the Cli
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Commentary These Standards do not p
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safety and ethical rules. States th
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use, but may not reveal that the in
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Best Interests Attorneys must be fa
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Commentary k. Inappropriate adult i
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Commentary The Child’s Attorney o
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and how and by whom the fees and ex
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epresentation, and consistent with
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II. NATURE OF APPOINTMENT _________
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INTRODUCTION Domestic and family vi
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5. "Safety plan" means a written or
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Sec. 403. Presumption concerning re
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COMMENTARY Supervised visitation ce
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COMMENTARY Subsection 1 authorizes
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I. INTRODUCTION That children are a
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accountability if they have learned
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abuse induces some victims who migh
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when her batterer is removed from t
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framework offers negligible protect
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interference 73 are also popular to
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Changes in U.S. immigration laws an
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Bureau of Justice Statistics (BJS)
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violence. 113 In their homes violen
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A. Men who batter their partners ar
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amendment to its custody code, whic
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A. Abuse victims and children often
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Professor Bernadine Dorn cites the
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domestic violence,” and removed t
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quite helpful if the battered mothe
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2. Talk with children alone. The in
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or alcohol on the day of the offens
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that victims in multiple violent re
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procedure to have payments made thr
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C. Children are further traumatized
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B. While domestic violence spans al
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1. “I lost control.” Some abuse
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Intake, 5.1 Evaluation (of batterer
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Services issues, court issues, legi
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2. John W. Fantuzzo & Wanda K. Mohr
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Project, and the Director and Advis
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From 2005 through 2008, the Project
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IV. Conclusion The important work o
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A Judge’s Guide

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