A Judge’s Guide

MANAGING THE CHILD CUSTODY CASE
In addition, other commentators have suggested that there be separate waiting
areas for children and adults, including child care facilities, with children’s areas
having a child-friendly decor. Moreover, special provision should be made for the
victims of child and domestic abuse so that they do not have to come into contact
with alleged abusers. Finally, and pertinent to security, child care and waiting areas
should have sufficient security to protect against abduction or other violence.
Other Innovative Approaches
These concluding sections will explore innovative court programs that can be
instrumental in encouraging settlement of cases and at the same time protect
children’s well-being. Most commenters agree that the adversarial nature of court
proceedings can heighten tensions among family members and be harmful to
children. Many jurisdictions have implemented a variety of parent education and
alternative dispute resolution programs, as well as unified family court systems,
designed to facilitate outcomes beneficial to children experiencing parental
conflict. One should review the list of resources at the end of this book for
relevant references.
Parent Education Programs and Parenting Coordination
Many parents experiencing divorce and separation are unaware of how their
negative behaviors detrimentally impact their children. They may be swept up in
the passion of the moment and may fail to acknowledge their children’s anguish
over parental separation or divorce. Their children also may not know how to
deal with the strong range of emotions they may be feeling.
With the aim of diminishing parental conflict and trauma to children, many courts
have established mandatory or voluntary parenting education programs. For
instance, once a petition for divorce or custody is filed, the Circuit Court for
Baltimore City requires all parents to attend sessions on parenting children who
are experiencing divorce or separation. 88 At the same time, these parents’ children
can attend a support group in which they learn how to cope with familial
changes. 89 A local mental health provider coordinates the programs. 90 To
complement its parent educational programs, San Diego County also provides
parents with access to parenting information on its website. Giving parents access
to parenting skills training not only enhances their parenting abilities, it can help
them engage more easily in mediation to develop child-focused agreements
addressing custody and visitation.
Parenting coordination programs are also being used by courts to assist families in
resolving their conflict in a less adversarial manner. These programs involve the
appointment of mental health professionals to assist families in developing coparenting
plans, rather than to determine which parent should be awarded
custody. This shift in attitude highlights the need for children who are the
subjects of custody proceedings to continue to have ongoing relationships with
21