Psychologists' Practices Compared to the Expectations of Family Law Judges and Attorneys in Child Custody Cases

Abstract

Three recent studies have explored the practices of psychologists (Ackerman & Ackerman, 1997), family law judges' expectations (Ackerman & Steffen, 2001), and family law attorneys' expectations (Ackerman & Kelley-Poulos, 2001) in child custody cases. This study compares psychologists' practices with judges' and attorneys' expectations as previously reported in the above studies. Similarities and differences among the groups are analyzed and discussed. Psychologists, judges, and attorneys are more alike than different in their practices, with notable exceptions reported. Implications for interpretation and recommendations in child custody cases are discussed.     

Joint Custody

Research results on joint custody have changed and a consensus has emerged in the psychological literature which suggests that joint custody should be a rebuttable presumption of the court. Twenty states currently have joint custody as either a presumption or a preference. The available literature also supports the following conclusions: (1) Non-custodial parents are often intentionally victimized through visitation denial, and children are hurt when the relationship with either parent is broken in that manner; (2) Children adjust much better to divorce in joint custody compared to sole custody situations; (3) Children's attachment bonds to both parents are essential for healthy development, and those bonds should be protected by the courts; (4) Joint custody leads to much higher compliance with financial child support obligations; (5) Mothers are much better adjusted and supported more in joint custody situations; (6) Litigation and relitigation is lower in states which have a presumption for joint custody; (7) Joint custody is the preferred option in high conflict situations, because it helps reduce the conflict over time-and that is in the best interests of children.     

The Effects of Background Characteristics of Attorneys and Judges on Decision Making in Domestic Relations Court

The purposes of this research were: (1) to determine whether background characteristics of attorneys and judges affect the awarding of child support orders and (2) to determine whether institution of 1987 Ohio child support guidelines provides predictable and fair child support awards. It was concluded that the two sets of background characteristics had separate effects on the awarding of child support oders. Attorney's background characteristics affected receipt of child support awards. Judges' background characteristics affected amount of child support awards. Institution of the 1987 Ohio child support guidelines did not provide predictable and fair child support awards. Attorneys were found to be reluctant to win child support awards for their clients. Judges with low integrity scores were found to be deviating from the 1987 Ohio child support guidelines.     

A Meta-analysis of Parental Satisfaction,Adjustment, and Conflict in Joint Custody and Sole Custody Following Divorce

The literature on parental satisfaction, adjustment, and relitigation in joint custody (JC) versus sole custody (SC) following divorce is reviewed. Findings are summarized for custody differences in parental demographics; time spent with father; the father–child relationship; parental satisfaction with custody; parental adjustment, including self-esteem and parenting stress or burden; conflict between ex-spouses; and relitigation. JC was associated with equivalent or better outcomes than SC in the father–child relationship, parenting stress, parental conflict and relitigation, and overall adjustment. Satisfaction with custody is greatest for both mothers and fathers when they have SC, less in JC, and least for noncustodial parents. Future researchers need larger, more representative samples followed over time.     

Joint Physical Custody in The Netherlands and the Well-Being of Children

The frequency of contact with fathers and mothers and the amount of parental support for boys and girls is an important issue after divorce, from emotional, legal, and empirical points of view. In the Netherlands between 1998 and 2008, joint physical custody after divorce (when children actually have shared residences) has increased from 5% to 16%. It is therefore interesting to compare the effects growing up in the following different kinds of families actually has on children: (a) mother families with low contact frequency with the father; (b) mother families with high contact frequency with the father; (c) co-parenting families (joint physical custody); and (d) father families. The main conclusion is that, on average, the effects of joint physical custody for children, mothers, and especially for fathers, are slightly positive.     

The Impact of Parental Conflict and the Mitigating Effect of Joint Custody After Divorce or Separation

ABSTRACT

This is an empirical study based on a large randomized sample of French children focusing on questions of the consequences of divorce and interparental conflict. In particular, the effect of joint custody after parental separation on children’s self-esteem was tested. The results were compared with those of a previous study made 12 years earlier with the same instruments to measure the evolution of French society and French law in the matter of divorce.     

Child Protection and Child Custody

Abstract

A child'S need for safety should trump any and all other considerations in family law. Child-service agencies cannot be expected to both promote reunification and child protection simultaneously. The author asserts that legislatures need to change the laws such that it is clear to the court that children come first and that safety is paramount. Although visitation between child and parent is considered to be a fundamental right, this right can and should be abrogated when initial evidence shows that such contact poses a risk of danger to the emotional or physical health and safety of the child. A new and specially trained court dealing only with issues of family violence and abuse may need to be considered.     

Child Custody and Domestic Violence

Abstract

Child Custody & Domestic Violence(Jaffe, Lemon, & Poisson, 2002) tries unsuccessfully to address both professional and lay audiences. It is a work of advocacy focusing on the plight of battered women and their children, rather than an authoritative text on the assessment and management of cases involving domestic violence allegations in family courts.     

Longevity and Cultural Differences of International Joint V entures: Toward Time-Based Cultural Management

This article explores the relationships amongtime, organizational, and national cultural distance inan international joint venture setting. Moreparticularly, the extent to which the longevity of aninternational joint venture affects the intensity of itscultural differences, is investigated in a sample of 51international joint ventures set up in Hungary. Itaddresses certain mechanisms available to aninternational joint venture's managers and to its partners todeal with cross-cultural issues. The results suggestthat the temporal dimension is a cultural moderator ofprime importance, but to be totally effective, it must be combined with a willful strategy ofcultural integration.     

Recent Trends of Divorce and Custody in Japan

In Japan the percentage of divorces where the mother brings up the child has increased rapidly over the last 30 years from 40 percent to 75 percent. In these cases the responsibility of the father for financial support isvery obscure because more than 90 percent of all the divorces are "divorce by consent" on which no official check is imposed. Recently, in order to improve the situa- tion, the Japanese Ministry of Public Welfare has set up a commit- tee, which submitted a report containing some concrete guidelines.     

Custody Recommendations of Israeli Social Workers

Abstract

This study examines the custody recommendations of a sample of Israeli social workers who advise the courts. It looks at their recommendations in relation to the child's wishes and the workers' assessments of the children's expected quality of life with each of the parents. The findings show that the social workers based their recommendations mainly on the child's preference where that was clear, and, where it was not, on the child's expected quality of life with the two parents. With this, maternal custody remained the default recommendation and paternal custody was recommended only when the quality of life the father was expected to enable was significantly higher than that the mother was expected to enable.     

Sole Physical Custody and Mother's Repartnering After Divorce

Research consistently finds that divorced mothers with full‐time residential children exhibit lower repartnering rates than mothers whose children also stay with their ex‐partners. Yet the selectivity of mothers who take up sole physical custody could have biased the estimations. Using data from the Divorce‐in‐Flanders study (N = 959), the authors model mothers' heterogeneity in the uptaking of sole physical custody as a factor influencing repartnering. They find that failure to account for the endogeneity of sole physical custody leads to a large underestimation of its effect on repartnering. Accounting for its endogeneity, sole physical custody reduced the mother's repartnering rate by 63%, whereas this was just 33% according to the naïve estimate. The results suggest that mothers with full‐time residential children are disproportionally selected among those who have better chances of repartnering but that sole physical custody itself acts as an important impediment to stepfamily formation following divorce.     

Ethical Issues in Child Custody and Dependency Cases

Abstract

The emotional and psychological risks to children of high conflict divorce have led to the increased involvement of mental health professionals in child custody cases. Numerous service models (Greenberg & Gould, 2001; Johnston, 2000; Johnston & Roseby, 1997) have been developed to assist divorcing families in minimizing family conflict and supporting children'S needs. This underscores the need for judges and attorneys to understand the ethical and professional standards that underlie competent mental health practice in forensic cases. The practices of mental health professionals providing court-related services may have a substantial impact on the validity of their professional opinions, the effectiveness of services provided to children and families, and children'S development and adjustment. The authors suggest core ethical and clinical issues to be considered by all psychologists who work in the context of custody disputes. It is hoped that these professional practice suggestions will also be useful to attorneys and judicial officers in assessing the quality of mental health professionals' opinions.     

人力资源管理外包的动因分析

进入21世纪，随着知识经济一体化，人力资源管理对于企业的发展越来越具有战略意义。有效的人力资源管理被认为是企业赢得竞争优势的重要手段之一。而在我国，不少中小型企业，尤其是中小型民营企业，由于规模的限制，没有设置人力资源部门；即使有，也没有系统的人事制度，不能为员工提供完备的福利待遇和培训机会，更没有战略性人力资源规划。因而造成优秀员工招聘困难、关键人员流失严重、员工满意度低等问题，这些都成为制约中小型企业顺利发展的“瓶颈”。