Contemporary Issues In Family Law And Mental Health
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Author : Michael G. Brock,Samuel Saks Publisher : Charles C Thomas Publisher Page : 160 pages File Size : 42,5 Mb Release : 2008 Category : Law ISBN : 9780398085735
Contemporary Issues in Family Law and Mental Health by Michael G. Brock,Samuel Saks Pdf
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.
Family Mediation by Howard H. Irving,Michael Benjamin Pdf
Preface by Hugh McIsaac Family mediation has quickly become a significant means of legal dispute resolution, recognized in most North American jurisdictions as a relief to already overburdened judicial systems. Using an innovative practical approach, the authors of Family Mediation incorporate the pivotal principles of family therapy into this new context--the judicial realm of family mediation. The practice model--therapeutic family mediation--thoroughly treats history, specific issues, and practice in an ecosystemic approach and responds to feminist critique of mediation. In addition, the authors offer important perspectives on mediating with multicultural populations and the role of the mediator in child custody disputes and child protection cases. Through examination of family mediation research as well as helpful case history vignettes, the authors of this volume take action to fill significant gaps between family therapy and mediation. Family Mediation provides a new take on family mediation that will benefit not only professionals and researchers in family studies, social work, clinical psychology, and sociology but also professional and volunteer mediators, conciliation court personnel, and family law specialists. "Family Mediation is an excellent blend of scholarship and practice, and it is the best of the books I have read on family mediation. First, it is clear and well written. Second, it provides an in-depth, current review of the divorce literature. The literature on divorce is large, uneven, and difficult to interpret. The authors have done a service to the profession by skillfully reviewing and integrating this literature." --Stephen J. Bahr, Brigham Young University "This book is one of the most comprehensive and well-researched texts on mediation to date. The authors have compiled an immense array of information regarding the history of family mediation, the practice and knowledge base, a review of literature regarding divorce, the principles of mediation, gender and cultural issues, elements in a child custody dispute, sharing parenting, cultural issues, and the use of mediation in dependency, and they include an excellent summary of research conducted. . . . Of particular value is the enormous scope of the review of literature and the work of others, not only in Canada but also the United States, Australia, and Great Britain, underscoring the international nature of this transformation. What Howard H. Irving and Michael Benjamin have done is chart a major shift in the handling of conflict and they have done it very well." --Family and Conciliation Courts Review "Howard H. Irving and Michael Benjamin have surveyed and summarized an immense amount of material within the covers of this volume, presenting it in a clear, readable style. It is one of the rare texts on mediation that does justice to the complexity of families generally and families in North America particularly--to their diversity of culture, to the scope of feminist thought and gender differences, and to the ranges of social class. Their attention to divergent forms of mediation and differences in practice across jurisdictions is broadly sighted. An excellent choice for a text in mediation." --Mary A. Duryee, Family Court Services, Alameda County, Oakland, CA "Howard H. Irving and Michael Benjamin grapple with what is the most difficult event that confronts almost half of all modern families--divorce. Historically, the developmental issues and problems surrounding divorce have been solved in the courts. But modern-day courts are overwhelmed by an avalanche of divorce cases, more than a million a year, and are unable to meet the needs of separating parties. Family Mediation offers a fundamentally different approach from the conventional legal system. The empirical research and clinical experience Irving and Benjamin bring to bear on this subject have resulted in the seminal work in this area. This delightful and thoughtful book is a must for the modern mediation practitioner who works with families and children." --Duncan Lindsey, Professor, UCLA, and Editor-in-Chief, Children and Youth Services Review "This book is unique in providing a complete overview of relevant subject areas for family mediation under one cover. Its writing is timely because it dispels some of the myths in the rapidly expanding field of family mediation. . . . Family Mediation is a comprehensive text that follows the development of family mediation through the present and concludes with the predictors of future directions. It is perhaps the most thorough critical review of the literature pertaining to family mediation and develops an inclusive practical model of practice for practitioners. The book is readable . . . responsible, and of interest to family mediators and the family law lawyers who work closely with them. It may become a must as a background for the novice family mediator about to embark on a course of training." --Laurel Pearson, McWhinney, Metcalfe, and Associates, Toronto, Canada
Winner, 2021 Lawrence S. Wrightsman Book Award, given by the American Psychology-Law Society Bridges family law and current psychological research to shape understanding of legal doctrine and policy Family law encompasses legislation related to domestic relationships—marriages, parenthood, civil unions, guardianship, and more. No other area of law touches so closely to home, or is changing at such a rapid pace—in fact, family law is so dynamic precisely because it is inextricably intertwined with psychological issues such as human behavior, attitudes, and social norms. However, although psychology and family law may seem a natural partnership, both fields have much to learn from each other. Our laws often fail to take into account our empirical knowledge of psychology, falling back instead on faulty assumptions about human behavior. This book encourages our use of psychological research and methods to inform understandings of family law. It considers issues including child custody, intimate partner violence, marriage and divorce, and child and elder maltreatment. For each topic discussed, Eve Brank presents a case, statute, or legal principle that highlights the psychological issues involved, illuminating how psychological research either supports or opposes the legal principles in question, and placing particular emphasis on the areas that are still in need of further research. The volume identifies areas where psychology practice and research already have been or could be useful in molding legal doctrine and policy, and by providing psychology researchers with new ideas for legally relevant research.
Contemporary Issues in Family Studies by Angela Abela,Janet Walker Pdf
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
This collection deals with the key issues in family law from a socio-legal and theoretical perspective. It broadens the study of family law beyond case law and legislation by engaging the reader in the current debates surrounding family law.
Children Who Resist Post-Separation Parental Contact by Barbara Jo Fidler,Nicholas Bala,Michael A. Saini Pdf
Interest in the problem of children who resist contact with or become alienated from a parent after separation or divorce is growing, due in part to parents' increasing frustrations with the apparent ineffectiveness of the legal system in handling these unique cases. There is a need for legal and mental health professionals to improve their understanding of, and response to, this polarizing social dynamic. Children Who Resist Post-Separation Parental Contact is a critical, empirically based review of parental alienation that integrates the best research evidence with clinical insight from interviews with leading scholars and practitioners. The authors - Fidler, Bala, and Saini - a psychologist, a lawyer and a social worker, are an multidisciplinary team who draw upon the growing body of mental health and legal literature to summarize the historical development and controversies surrounding the concept of "alienation" and explain the causes, dynamics, and differentiation of various types of parent-child relationship issues. The authors review research on prevalence, risk factors, indicators, assessment, and measurement to form a conceptual integration of multiple factors relevant to the etiology and maintenance of the problem of strained parent-child relationships. A differential approach to assessment and intervention is provided. Children's rights, the role of their wishes and preferences in legal proceedings, and the short- and long-term impact of parental alienation are also discussed. Considering legal, clinical, prevention, and intervention strategies, and concluding with recommendations for practice, research, and policy, this book is a much-needed resource for mental health professionals, judges, family lawyers, child protection workers, mediators, and others who work with families dealing with divorce, separation, and child custody issues.
Family Mediation: Contemporary Issues by Marian Roberts,Maria Federica Moscati Pdf
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.
Challenging Issues in Child Custody Disputes by Barbara Jo Fidler Pdf
"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.
Written by a team of Scotland's leading academics, this is an invigorating edited collection dealing with the key issues in family law from a socio-legal and theoretical perspective. It broadens the study of family law beyond case law and legislation by engaging the reader in the current debates surrounding family law. It will be of interest to students, academics and family lawyers both in Scotland and abroad.
Author : Pearl S. Berman,Ethan M. Weisinger Publisher : Taylor & Francis Page : 231 pages File Size : 47,9 Mb Release : 2024-02-01 Category : Psychology ISBN : 9781003846604
Parental Alienation and Family Reunification by Pearl S. Berman,Ethan M. Weisinger Pdf
This book on parental alienation and family reunification provides family court professionals with critical background in child development, dynamics present in violent families, and how to evaluate the testimony of experts to ensure it values children’s views, best interests of the children, and follows evidence-based practice. As laid out in the Child Welfare Information Gateway report, 2020, Family court judges should make decisions per the best interests of the child standard. High conflict custody cases make this complicated, especially when reunification services are requested. In the middle of contentious proceedings, judges oftentimes receive conflicting information from parents. Judges and family law professionals can be lead astray, relying on unproven constructs and instruments not meeting the criteria of reliability and validity. Mandating victimized children into reunification programs that are neither evidence-based nor trauma informed can cause further harm to the children. This book will be of interest to those working in the family courts, particularly expert witnesses, clinical psychologists, therapists, children’s services workers including social workers, child protection court workers, mental health professionals involved in child custody decisions, and researchers with an interest in parental alienation. The chapters in this book were originally published as a special issue of Journal of Family Trauma, Child Custody & Child Development.
Author : Bernet William Publisher : Charles C Thomas Publisher Page : 265 pages File Size : 46,6 Mb Release : 2010 Category : Diagnostic and statistical manual of mental disorders ISBN : 9780398084493
Parental Alienation, DSM-5, and ICD-11 by Bernet William Pdf
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.
Mental Health Aspects of Custody Law by Robert J. Levy,National Interdisciplinary Colloquium on Child Custody Law Pdf
Written by an interdisciplinary group comprised of lawyers, judges, psychologists, and adolescent and child psychiatrists, this book identifies and examines the major legal and mental health issues confronted in post-divorce custody and visitation litigation. It examines state legislation and judicial doctrine as well as reform efforts such as the Uniform Marriage and Divorce Act and the American Law Institute's Principles of the Law of Family Dissolution. As the authors themselves suggest, "a great many important and difficult divorce-custody legal and psychological issues have not been objectively and thoroughly explored in the literature and in courtrooms -- indeed, many of them have been the subjects of misleading and sometimes ignorant reports and testimony -- and judges and children and their parents have been the losers." The book has been designed to provide a sort of glossary -- an objective description and analysis -- of the underlying mental health aspects of legal issues and mental health professionals' concerns about how those issues are approached and resolved in divorce-custody cases. The book will be useful to practicing lawyers, mental health professionals and judges. "This book is full of practical gems... It would be a useful addition to a family court judge's collection, law firms or practitioners with child custody practice, and an academic law library. It would also be useful to mental health practitioners who work in or advise those who work in the family court system." -- Legal Information ALERT
Law and Mental Health: International Perspectives, Volume 3 considers the jurisprudence and models of legislation concerning public mental health that suit the particular requirements of different cultural and geographical regions. This book is composed of five chapters and begins with the major accomplishment both for Dutch legal psychiatry and for the English language audience, followed by a survey of the civil dimensions of the forensic system. The next chapter tackles the primary variables in assessing terrorism, including the social, political, religious, and economic factors, which, coupled with highly complex variables of psychological predisposition, can give some guarded inroads with respect to the limits of the knowledge in predicting and reacting to terrorist incidents. These topics are followed by discussions on the techniques for assessment designed for the differentiated legal questions in criminal, civil, and juvenile and family law. A chapter focuses on the measured assessments of the parameters of the professional knowledge about the nature of dangerous behavior based on clinical and research investigation. The final chapter contains a precise summary of the research that is to be done on a spectrum of techniques for assessing malingering. Mental health workers, forensic experts, and policy makers will find this book invaluable.
