jenniemac
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It appears the term "high conflict" is a junk science term being used for a majority of cases with a history of abuse. See info below. Don't get tricked into using a family court helper (parent coordinator or family decision-maker or mediator-arbitrator) who was assigned due to "high conflict". It appears to be the latest gimmick used by family courts to extract $$ from families in conflict and with a hisotry of abuse.
RESEARCH INDICATING THAT THE MAJORITY OF CASES THAT GO TO COURT AS "HIGH CONFLICT" CONTESTED CUSTODY CASES HAVE A HISTORY OF DOMESTIC VIOLENCE
Compiled by Professor Joan S. Meier, Esq.
George Washington University Law School
I. Janet Johnston's publications
Janet Johnston is best known as a researcher of high conflict divorce and parental alienation. Not a particular friend of domestic violence advocates or perspectives, she has been one of the first to note that domestic violence issues should be seen as the norm, not the exception, in custody litigation.
Janet R. Johnston et al, "Allegations and Substantiations of Abuse in Custody-Disputing Families," Family Court Review, Vol. 43, No. 2, April 2005, 284-294, p. 284.
Janet R. Johnston, "High-Conflict Divorce," The Future of Children, Vol. 4, No. 1, Spring 1994, 165-182, p. 167.
Johnston has noted that approximately 80% of divorce cases are settled, either up front, or as the case moves through the process. Studies have found that only approximately 20% of divorcing or separating families take the case to court. Only approximately 4-5% ultimately go to trial, with most cases settling at some point earlier in the process. (Citing large study by Maccoby and Mnookin, dividing the child: social and legal dilemmas of custody. Cambridge, MA: Harvard U. Press [1992]).
Johnston cites another study done in California by Depner and colleagues, which found that, among custody litigants referred to mediation, "[p]hysical aggression had occurred between 75% and 70% of the parents . . . even though the couples had been separated. . . [for an average of 30-42 months]". Furthermore, [i]n 35% of the first sample and 48% of the second, [the violence] was denoted as severe and involved battering and threatening to use or using a weapon." -Johnston (1994), supra, citing Depner et al., "Building a uniform statistical reporting system: A snapshot of California Family Court Services," Family and Conciliation Courts Review (1992) 30: 185-206.
After surveying the research, Johnston concludes:
"Taken all together these studies suggest that, in divorces marked by ongoing disputes over the custody and care of children, both inside and outside the court, there is often a history of domestic violence in the family and a likelihood that the violence will continue after the separation." - Id. (1994) at p. 169.
It has previously been observed, based on research which predates the domestic violence/parental alienation battles that are now a feature of the field, that "multiple allegations of abuse are a feature of those higher conflict families" whose cases become contested custody litigation. - Johnston (2005), supra (citing Maccoby and Mnookin (1992).
II. Peter Jaffe's compilation of studies
Peter Jaffe is one of the world's leading experts on children, domestic violence, and custody.
- Peter Jaffe, Michelle Zerwer, & Samantha Poisson, (2004),"ACCESS DENIED: The Barriers of Violence and Poverty for Abused Women and their Children After Separation," p. 1.
In "Access Denied", Jaffe states the following:
"Myth: Domestic violence is rarely a problem for divorcing couples involved in a child custody dispute."
Fact: The majority of parents in "high-conflict divorces" involving child custody disputes report a history of domestic violence."
Jaffe et al also lists the following studies (with the following descriptions) as supporting the position that most custody litigants have had a history of domestic violence:
• In a review of parents referred for child custody evaluations by the court, domestic violence was raised in 75% of the cases. - Jaffe, P.G. & Austin, G. (1995). The Impact of Witnessing Violence on Children in Custody and Visitation Disputes. Paper presented at the Fourth International Family Violence Research Conference, Durham NH (Rep. No. July 1995)
• Of 2,500 families entering mediation in CA, approximately three quarters of parents indicated that domestic violence had occurred during the relationship. -Hirst, 2002
• Between 70-75% of parents referred by the family court for counseling because of failed mediation or continuing disputes over the care of their children, physical aggression had taken place. - Johnston & Campbell, (1988), Impasses of Divorce: The dynamics and resolution of family conflict. New York, NY, US: The Free Press.
• Attempts to leave a violent partner with children, is one of the most significant factors associated with severe domestic violence and death. - Websdale, N. (1999). Understanding Domestic Homicide. Boston, MA: University Press.
• A majority of separating parents are able to develop a post-separation parenting plan for their children with minimal intervention of the family court system. However, in 20% of the cases greater intervention was required by lawyers, court-related personnel (such as mediators and evaluators) and judges. In the majority of these cases, which are commonly referred to as "high-conflict," domestic violence is a significant issue. - Johnston, J. R. (1994). "High-conflict divorce." Future of Children, 4, 165-182.
III. National Center for State Courts
Studies conducted by the National Center for State Courts (NCSC), looking solely at court records, have found documented evidence of domestic violence in 20-55% of contested custody cases.
The NCSC's study, looking only at documented domestic violence in custody court records, found that 24% of court records contained some evidence of domestic violence in Louisville; 27% in Baltimore; and 55% of Las Vegas cases indicated domestic violence. - Susan Keilitz et al, Đomestic Violence and Child Custody Disputes: A Resource Handbook for Judges and Court Managers, prepared for the National Center for State Courts; State Justice Institute," NCSC Publication Number R- 202, p. 5.
The same study found that a screening process (utilized by the mediation program) "revealed a much higher incidence of domestic violence than a review of court records alone would have indicated." - Id . at 7.
IV. Custody Courts Regularly Fail to Note or Lack Information about history of Domestic Violence
Kernic et al., "Children in the Crossfire: Child Custody Determinations Among Couples With a History of Intimate Partner Violence," Violence Against Women, Vol. 11, No. 8, August 2005, 991-1021, 1013,
Kernic et al. from the Harborview Injury Prevention & Research Center in Seattle, studied at divorce cases, including both those with a documented, substantiated, and/or alleged history of domestic violence, and those without. The study found that in 47.6% of cases with a documented, substantiated history, no mention of the abuse was found in the divorce case files. - Id . at 1005.
Kernic et al. found that "the court was made aware of less than one fourth of those cases with a substantiated history of intimate partner violence." - Id. at 1016.
Further, Kernic et al. found that fathers with a history of committing abuse were denied child visitation in only 17% of cases. Mothers in these cases were no more likely to obtain custody than mothers in non-abuse cases. This study found that mothers were "more likely" than fathers to be awarded sole custody, but does not identify what proportion of cases resulted in equal sharing of physical custody (which is available in Washington even when one parent is designated "primary"). - Id. at 1014-1015.
The Virginia Commission on Domestic Violence Prevention commissioned a study of these issues at University of Virginia in 1997-98. The study found that in custody cases where there was also a domestic abuse case in court, only 25% of the custody files referenced the existence of the domestic abuse case. - www.courts.state.va.us/fvp/history.html
Return to Page: Abuse and Custody Disputes: Scientific and Legal Issues
Web site reference http://www.leadershipcouncil.org/1/pas/Meier.html
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Maury
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I guess that depends on who you beleive when abuse is claimed. All too often I encounter cases where the parents disagree and have high conflict and it is embellished to be abuse.
Statistics are only as good as the information you put into the calculation.
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jenniemac
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Reged: 06/02/05
Posts: 135
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And I would disagree that abuse is embellished. We have a spike in child fatalaties in Colorado. In 70% of the cases there was a history of abuse. It appears that the abuse history was not fully researched or evaluated or it was minimized. We now have a recommendation in a report to provide further training on familial and partner abuse.
The term "high conflict" in my opinion is an example of skirting and burying the abuse issue. An example that comes to mind is the Tacoma law officer(chief of police?) that shot his wife in front of his children before shooting himself. There was evidence there had been abuse but it was ignored or minimized. Perhaps characterized as "high conflict"?
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Maury
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I guarantee you that abuse is embellished and outright fabricated in some cases. Such allegations make a convenient tool to seek advantage in custody and parenting disputes since it requires little evidence to get an investigation launched or to support a restraining order. Sensitivioty to the issue has, instead, turned constitutional protections of Due Process on its head.
I handle many such claims.
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googledad
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And I would disagree that abuse is embellished. We have a spike in child fatalaties in Colorado. In 70% of the cases there was a history of abuse. It appears that the abuse history was not fully researched or evaluated or it was minimized. We now have a recommendation in a report to provide further training on familial and partner abuse.
>>>>>>>>> There were 475 murders of children by their PARENTS in the entire country in 2007 according to the FBI . 475 sounds like alot UNTIL to find out another 1,500 die due to abuse & neglect , most at the hands of their MOTHERS ( twice the rate of fathers ) .
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Careful. We don't want to learn from this.
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jenniemac
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Please first of all notice that the two responders to this post have thousands of posts. Is posting their full time job?
We need checks and balances, oversight of family court helpers outside the court systems and follow-up on the outcomes for children and families who use the court systems. This follow-up needs to be used to improve outcomes for families in confilct. Court ordering Holdiay Inn type visitation plans for children is simply one of the ill concieved trendy norms of our courts today.
Simply putting forth questionable data only allows the ills of the system to continue and the ones who suffer are the children.
It is not a male female battle as some of the posters seem to like to portray it. This portrayal simply keeps the divorce industry alive with no concern for the outcomes of the childrn and caregivers.
It is about doing what is best to help families in conflict and ensure the safety of children and their caregivers.
It seems like federal funds such as the Access and Visitation funds fuel the fueds instead of helping us progress. Hopefully the Obama administaration will take a close look at the outcomes being produced and modify this program. No follow-up is done on what happens to the families and children served directly or indorectly by these funds.
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googledad
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Please first of all notice that the two responders to this post have thousands of posts. Is posting their full time job?
>>>>>>>>>> Lame comeback attempt . I've averaged 4 posts/day for over 3 years , hardly a full time job .
We need checks and balances, oversight of family court helpers outside the court systems and follow-up on the outcomes for children and families who use the court systems. This follow-up needs to be used to improve outcomes for families in confilct. Court ordering Holdiay Inn type visitation plans for children is simply one of the ill concieved trendy norms of our courts today.
>>>>>>>>> So you're all for denying contact to a child's other parent ? Typical .
Simply putting forth questionable data only allows the ills of the system to continue and the ones who suffer are the children.
>>>>>>>>> There's nothing " questionable " about my data , uniform crime statistics are available at the FBI's web site , those for child abuse & neglect at the Federal Office of Child Protectice Services . Maybe you should read them so your " proof " doesn't rely on anecdotal evidence .
It is not a male female battle as some of the posters seem to like to portray it. This portrayal simply keeps the divorce industry alive with no concern for the outcomes of the childrn and caregivers.
>>>>>>> You mean " maternal " caregivers .
It is about doing what is best to help families in conflict and ensure the safety of children and their caregivers.
>>>>>>>>>> Then more children need to " saved " from their neglectful mothers .
It seems like federal funds such as the Access and Visitation funds fuel the fueds instead of helping us progress. Hopefully the Obama administaration will take a close look at the outcomes being produced and modify this program. No follow-up is done on what happens to the families and children served directly or indorectly by these funds.
>>>>>>>> The feds spend $10 million/year to help NCPs get access to and visitation with their children . They spend over $5 billion/year on CS enforcement . NEXT !
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jenniemac
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Posts: 135
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Another what I like to think of as "full time" poster attacking instead of trying to work to improve the system. Not suprised. Over 4 thousand posts. Not much time to do anything else I'm guessing.
Right up ther with Maury but a ways to go to compete with Gr8dad--over 11,000 posts.
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googledad
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Another what I like to think of as "full time" poster attacking instead of trying to work to improve the system. Not suprised. Over 4 thousand posts. Not much time to do anything else I'm guessing.
>>>>>>>>> You have no interest in " improving the system " . You are here to promote your feminist driven ideology , making you the female version of E ric . You can't defend yourself or your posts (that draw no response or honest discussion ) and instead resort to feeble , personal attacks . Get a life .
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Maury
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Is that all you have? I guess real arguments escape you.
I am a full time lawyer handling such claims my dear. You can google the name - even the username name with "lawyer" attached if you so desire.
I guess when you do not have the cognitive faculties to consider other perspectives or arguments, lame attacks without merit suffice. I certainly hope that you are better at supporting your position in life than you are on this board.
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almostheaven
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Are you looking to be labled a troll? Gr8dad hasn't even chimed in on this. You start attacking people who've posted here for years just because they don't agree with you, then adding in other people you just don't like, and not many people are going to bother listening to what you say in the future. So how does THAT improve the system?
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Char Fox
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almostheaven
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>>>>>>> You mean " maternal " caregivers .
Neither the OP nor the article focuses on mothers over fathers. The focus was on the occurence of abuse. That can happen to either gender. It is you who is making it a gender issue.
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Char Fox
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googledad
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Neither the OP nor the article focuses on mothers over fathers. The focus was on the occurence of abuse. That can happen to either gender. It is you who is making it a gender issue.
>>>>>>>>> The AUTHOR IS A WELL KNOWN feminist legal scholar and DV advocate .
Janet Johnston is best known as a researcher of high conflict divorce and parental alienation. Not a particular friend of domestic violence advocates or perspectives, she has been one of the first to note that domestic violence issues should be seen as the norm, not the exception, in custody litigation.
>>>>>>>>> Not a " friend " of DV advocates ? Is that because she has a gender neutral view on DV issues ?
I actually read the article cited . Loved this line :
"Moreover,
those who had conflicted coparenting
styles were also more likely to be divorcing
parents who had experienced substantial or intense legal conflict and who were more hostile to one another, especially mothers."
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Careful. We don't want to learn from this.
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almostheaven
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>>>>>Is that because she has a gender neutral view on DV issues ?
I don't know. Have you asked her?
This line caught my attention: Janet Johnston is best known as a researcher of high conflict divorce ******and parental alienation******. PAS is generally done BY mothers.
>>>>>"Moreover,
those who had conflicted coparenting
styles were also more likely to be divorcing
parents who had experienced substantial or intense legal conflict and who were more hostile to one another, especially mothers."
Frankly, I don't think that statement makes sense. Is it that mothers were more hostile, or did they receive more hostility. It actually reads like the former to me.
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Char Fox
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googledad
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I don't know. Have you asked her?
>>>>>>>>> I don't have to , I've read her stuff before .
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Careful. We don't want to learn from this.
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