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Reunification in Intrafamilial Child Abuse Cases: A Model for Intervention: REUNIFICATION IN INTRAFAMILIAL CHILD ABUSE CASES
Abstract
In response to a growing number of requests to help reunify parents and children separated by allegations of child abuse, we developed a model for intervention informed by clinical experience, feedback from clients and professionals, and insights from a growing body of interdisciplinary literature. This article presents a retrospective analysis of 29 intrafamilial cases describing the intervention, outcomes, and problems presented by these challenging situations. The safety and protection of the child was the paramount consideration in determining success, whether or not reunification was achieved. Using informal follow-up data, 24 of the 29 cases were categorized as successful, 21 resulted in full or partial reunification, and 3 cases resulted in the voluntary or court-ordered withdrawal of an accused father believed to pose a risk to the child. In 5 cases, the nonaccused parent thwarted efforts at reunification, and the case returned to the court of relevant jurisdiction.
... 241). In fact, most writings on the topic of working with these children include reference to the importance of correcting these distortions (e.g., Lindahl & Hunt, 2016). For example, Johnston et al. (2001) wrote that "The goal is to transform the child's distorted, rigidly held, polarized, and defensively split-off views of one parent as 'all bad' and the other as 'all good' into more realistic and measured ones, rooted in the child's actual experience of both parents" (p. ...
... Although the focus of reunification treatment is on the relationship between the child and the rejected parent, most writers in the field discuss the role of the favored parent as well, especially because they have such a strong influence over the child and his/her experience of the rejected parent. Lindahl and Hunt (2016) have observed that, "Some non-accused parents are satisfied to follow the therapist's lead, but others may subtly encourage regression in the child to stop the process" (p. 293). ...
... Although the rejected parent did not cause the child's rejection (in cases of parental alienation), they can and often do engage in behavior that can reinforce the child's negative view of that parent and contribute to the delay in the therapeutic process (Albertson- Kelly & Burkhard, 2013;Lindahl & Hunt, 2016;Weitzman, 2013). When these parents respond to the rejecting child with anger, defensiveness, withdrawal of love, " . . . ...
One hundred and twenty licensed mental health professionals were surveyed about their work conducting court-ordered reunification therapy with moderate to severe cases of children’s rejection of a parent. Four issues were examined in particular: assessment/screening of alienation VS. estrangement, development of treatment goals, definition and measurement of treatment success, and barriers to successful treatment. Predictors of successful treatment were also examined. Results indicate that how success was defined, whether joint sessions are offered, number of barriers, and percent of cases perceived to be hybrids all predicted percent of successful cases. Findings offer many opportunities for refining and enhancing this very challenging work.
The assessment of child abuse allegations is very difficult and complex. However, due to many confounding factors, the assessment of abuse allegations sometimes becomes more difficult. Young children, children with special needs, children caught in the middle of parental disagreements, children who withdraw their statements, children who are victims of domestic abuse are some of these cases. Experts should consider all possibilities when evaluating allegations of abuse and carefully examine each case. Conducting the evaluation process by multidisciplinary teams within the framework of certain rules can reduce the complexity of these cases, increase appropriate decision-making and protect the best interests of children. With this article, it is planned to examine the difficult cases encountered in the evaluation of child abuse allegations.
Exposure to parental substance use disorder (SUD) has significant and lasting effects on the development of children emotionally, physically, within the educational environment, as well as within the parent-child relationship. The separation of parent and child within families with SUDs is commonplace as child protective services involve due to the increased frequency of child abuse, neglect, and criminal activity. To date, no specific reunification approach for working with parents with SUDs has been identified or suggested. Given that child parent relationship therapy (CPRT) centers on enhancing secure attachment between parents and children and promoting parents’ understanding of the needs of their children, the authors discussed CPRT as an innovative intervention with parents with SUDs to reestablish or establish a healthy connection with their children. A brief clinical case example was given followed by implications for clinicians.
Magellan sits among a complex set of expectations, at the intersection of a range of agencies and systems involved in responding to issues of child abuse allegations in family law matters. It is important to understand the role of family courts - to resolve private law issues, such as parenting matters, in children's best interests - and how this differs from the role of police, child protection departments, forensic investigators, Directors of Public Prosecutions, and criminal courts in protecting children, enforcing laws and bringing criminals to justice.
Each of the agencies and systems has overlapping interests, yet distinct responsibilities. It was this "black spot" intersection that necessitated a case-management system to coordinate and bring together information from each of these areas to ensure that private family law disputes are resolved in a timely way that provides for the safety and ongoing best interests of children. Central to ensuring the best interests of children is the need to balance their right to know and have a relationship with both parents, with the paramount need to be protected from harm. Despite research in the social sciences that shows the frequency with which sexual abuse and serious physical abuse of children occurs, significant difficulty exists in proving the occurrence of child abuse, as the private nature of the crimes result in a lack of evidence that meets the requirements of criminal courts.
Participants thought that the Magellan case-management pathway was an excellent one, and that, to the degree that it was implemented faithfully and adequately resourced (particularly with appropriate judicial time, while avoiding the risk of overburdening Judges), it was achieving its aims. Implementation issues were raised about the lack of fidelity to the original model (especially in Queensland), and the need for high quality, timely reports (and oral evidence) from experts.
Magellan matters were believed to be shorter, often resolving without judicial determination. Participants felt that Magellan delivers better outcomes for children and families. A critical element to this is the tight case-management procedures, particularly the role of Magellan Judges and Registrars. The importance placed on Magellan matters by the Court is reflected in the role that Judges play, and this was seen as one of the ways that the process gives parties a sense of procedural fairness. Through the Magellan stakeholder meetings and the protocols outlining the role of the state/territory statutory child protection department in providing the short, focused "Magellan Report", cooperation with the statutory child protection department was seen as critical to the success of Magellan.
When serious allegations of sexual abuse or physical abuse of children are raised in parenting matters, the Magellan case-management system is a significant improvement to the Family Court's previous procedures for handling these matters. There are areas for improvement and opportunities to ensure adequate resources (in terms of finance, personnel and 'corporate history') for its sustainability. However, the results of this evaluation support the findings of the pilot study, which also showed Magellan's success - particularly in reducing the length of matters, and the number of Court events, as well as satisfaction of the professional stakeholders involved (Brown, Sheehan, Frederico, & Hewitt, 2001).
Magellan needs to be understood within the broader socio-legal framework that connects child protection with family law dispute resolution. At the individual level, a lack of understanding of how the Family Court interacts with police, child protection departments, juvenile courts and criminal courts sees Magellan often subject to unrealistic expectations by parties.
The purposes of this study were to: (1) Assess child abuse professionals' and nonprofessionals' knowledge of scientific research findings that are relevant to forensic child sexual abuse (CSA) evaluations and (2) describe associations between child abuse professionals' levels of research knowledge and their education and experience. An 18-item multiple-choice test was administered to 188 child abuse professionals and 457 nonprofessionals (undergraduate college students) in Brazil and the United States. The nonprofessionals' average percent correct, M=44%, was not significantly different than what would be expected for random guessing (45%). The professionals' average percent correct, M=55%, was higher than that of nonprofessionals and random guessing (both ps<.001). The average percent correct score for the US-sample psychologists, M=76%, was higher than the average score of the other professionals, M=51%, p<.001. Professionals' educational level, as measured by the highest academic degree obtained, was positively associated with percent correct scores, Spearman's ρ=.46, p<.001. Controlling for educational attainment, professional experience, as measured by the total number of CSA evaluations performed, was weakly associated with percent correct scores, partial r=.15, p=.04. Percent correct scores were low for both nonprofessionals and professionals. Most of the participants in this study were uninformed or misinformed about scientific research findings that are important for conducting optimal forensic CSA evaluations and for making accurate judgments about the validity of sexual abuse allegations.
If allegations of sexual abuse of a child are made after parents separate, the challenges of resolving custody and visitation issues are greatly increased, with the abuse allegations overshadowing other considerations. These are high conflict cases, and settlement may be very difficult (or inappropriate) to arrange. The involvement of a number of agencies and professionals, with overlapping responsibilities and potentially conflicting opinions, may complicate the resolution of these cases. A significant proportion of allegations of child abuse made in the context of parental separation are true, but this is a context with a relatively high rate of unfounded allegations. While some cases of untrue allegations are due to fabrication, more commonly unfounded allegations are made in good faith. Preexisting distrust or hostility may result in misunderstandings and unfounded allegations, especially in cases where the children involved are young and the allegations are reported through a parent. Some cases of unfounded allegations may be the product of the emotional disturbance of the accusing parent. This paper discusses how parental separation affects the making of child sexual abuse allegations, with particular emphasis on how separation may contribute to unfounded allegations. Recent research is reviewed, and national data from Canada on allegations of abuse and neglect when parents have separated is presented. Legal issues that arise in these cases are discussed in the context of American and Canadian case law. The authors discuss factors that can help distinguish founded from unfounded cases. The paper concludes by offering some practical advice about the handling of this type of case by mental health professional, judges, and lawyers.
Concerns about bias which may arise in the child custody evaluation process have recently attracted critical attention. The types of biases addressed are those that primarily stem from cognitive psychol-ogy, as well as social and cultural sources of bias. Rarely discussed, however, is bias which can stem from evaluator countertransference, which if unrecognized can potentially lead to biased and non-objec-tive recommendations. While one must strive to be objective and im-partial, child custody evaluators are frequently working with highly charged emotional issues which may interact with their own personal issues or past experiences. This article examines the types of counter-transference phenomenon which may arise in the child custody evalua-tion, and presents tips for identifying and managing such reactions. doi:10.1300/J190v04n03_04 [Article copies available for a fee from The Haworth Document Delivery Service: 1-800-HAWORTH. E-mail address: <docdelivery@haworthpress.com> Website: <http://www.HaworthPress.com> © 2007 by The Haworth Press. All rights reserved.] Daniel B. Pickar, PhD, ABPP, is a Diplomate in Clinical Psychology, American Board of Professional Psychology. He has maintained a private practice in clinical and forensic psychology for the last 18 years, and has completed over 300 child custody evaluations. In addition, he has been a child psychologist at Kaiser Permanente Medi-cal Center in Santa Rosa, California, for the last 20 years, where he also served as Divi-sion Chief of Child and Family Psychiatric Services and Director of Psychology Training. He has also served as Clinical Consultant to Civil Custody Unit of the Sonoma County Department of Probation. Address correspondence to: Daniel B.
Premised on the understanding that domestic violence is a broad concept that encompasses a wide range of behaviors from isolated events to a pattern of emotional, physical, and sexual abuse that controls the victim, this article addresses the need for a differentiated approach to developing parenting plans after separation when domestic violence is alleged. A method of assessing risk by screening for the potency, pattern, and primary perpetrator of the violence is proposed as a foundation for generating hypotheses about the type of and potential for future violence as well as parental functioning. This kind of differential screening for risk in cases where domestic violence is alleged provides preliminary guidance in identifying parenting arrangements that are appropriate for the specific child and family and, if confirmed by a more in-depth assessment, may be the basis for a long-term plan. A series of parenting plans are proposed, with criteria and guidelines for usage depending upon this differential screening, ranging from highly restricted access arrangements (no contact with perpetrators of family violence and supervised access or monitored exchange) to relatively unrestricted ones (parallel parenting) and even co-parenting. Implications for practice are considered within the context of available resources.
The decision to substantiate is a key factor in determining eligibility for services and decisions to press criminal charges or to remove a child, and it is frequently the basis for selecting samples of maltreated children or to measure recidivism or intervention effectiveness. Although there is a growing body of research on case substantiation in the United States, few studies have examined this decision in other jurisdictions. Using data from the 2003 Canadian Incidence Study of Reported Child Abuse and Neglect, this study examines the profiles of a national sample of 10,010 investigations. Multivariate analyses reveal that substantiation decisions are generally made in a fashion that is relatively consistent with the clinical characteristics of cases. Along with severity of harm, parent risk factors, and housing risk factors, police referrals are among the most important predictors of case substantiation. Cases involving multiple forms of maltreatment are also more likely to be substantiated.
Based on a clinical sample of 136 cases, four classes of child sexual abuse cases in divorce are proposed: divorce precipitated by discovery of sexual abuse; long-standing sexual victimization revealed after marital breakup; sexual abuse precipitated by marital dissolution; and false allegations made during or after divorce. Implications for clinical practice are discussed.
The veracity of child witness testimony is central to the justice system where there are serious consequences for the child, the accused, and society. Thus, it is important to examine how children’s lie-telling abilities develop and the factors that can influence their truthfulness. The current review examines children’s lie-telling ability in relation to child witness testimony. Although research demonstrates that children develop the ability to lie at an early age, they also understand that lie-telling is morally unacceptable and do not condone most types of lies. Children’s ability to lie effectively develops with age and is related to their increasing cognitive sophistication. However, even children’s early lies can be difficult to detect. Greater lie elaboration requires greater skill and children’s ability to lie effectively improves with development and as a function of cognitive skill. Different methods of promoting children’s truthful reports as well as the social and motivational factors that affect children’s honesty will be discussed.
Children's perspectives can enlighten decisions regarding custody and parenting plans, but different opinions exist about how best to involve children in the decision-making process. This article discusses why most procedures for soliciting children's preferences do not reliably elicit information on their best interests and do not give children a meaningful voice in decision making. Instead, these procedures provide children with forums in which to takes sides in their parents' disputes. In addition to hearing an individual child's voice, decision makers can use the collective voice of children, as revealed in research on such topics as joint custody, overnight stays, and relocation to help understand what children might say about these issues with the hindsight of maturity and in the absence of parental pressure, loyalty conflicts, inhibitions, and limitations in perspective and articulation.
Purpose. Numerous wrongful convictions have brought into question the ability of judges and juries to accurately evaluate the credibility of witnesses, including defendants. Dangerous decisions theory (DDT) offers a theoretical framework to build our understanding of the decision‐making process that can culminate in such injustices.
Arguments. According to DDT, the reading of a defendant's face and emotional expressions play a major role in initiating a series of ‘dangerous’ decisions concerning his/her credibility. Specifically, potent judgments of trustworthiness occur rapidly upon seeing a defendant's face, subjectively experienced as intuition. Originally evolved to reduce the danger to the observer, the initial judgment – which may be unreliable – will be enduring and have a powerful influence on the interpretation and assimilation of incoming evidence concerning the defendant. Ensuing inferences will be irrational, but rationalized by the decision maker through his/her subjective schemas about trustworthiness and heuristics for identifying deceptive behaviour. Facilitated by a high level of motivation, a non‐critical, tunnel vision assimilation of potentially disconfirming or ambiguous target information can culminate in a mistaken evaluation of guilt or innocence.
Conclusions. Empirically based education and responsible expert testimony could serve to reduce such biases and improve legal decision‐making.
The increasingly widespread use of parenting coordination to provide ongoing, intensive case management of higher conflict child custody cases recognizes the many advantages of this alternative dispute resolution (ADR) process in the family courts. The essential functions of the parenting coordination process are to create appropriate parenting plans; to build functional, enduring coparenting relationships; and to resolve ongoing coparenting disputes. In this article, an experienced multidisciplinary group from different jurisdictions across the United States examines a few of the most challenging issues that currently confront the field of parenting coordination. These include legal issues, such as the quasi-judicial authority of the parenting coordinator (PC) derived from statutory and legislative means, continuing jurisdiction of cases, and constitutional challenges. A description of cases that can benefit from the appointment of a PC is provided, as well as a judicial view of the pros and cons of the role. Essential aspects of the practice are discussed, including the importance of structure and boundaries, challenges to the use of the role, liability issues, and the PC's role in creating and managing collaborative teams to work on these cases. The article concludes with a vision of the future that highlights the need for research and training to responsibly advance this promising, emerging role.
In 1998, the Family Court of Australia introduced an interagency, multidisciplinary pilot program for managing parenting disputes that involved allegations of child abuse. The program, known as Project Magellan, is an example of the trend in judicial administration toward specialized court programs. It involved one hundred families and several state and federal agencies and human service organizations. This article presents the findings of an evaluation of the new program and considers the implication of those findings and the potential for the success of similar programs in other jurisdictions. It points to the contribution the pilot program made to the development of knowledge about child abuse in the emotive and complex circumstances of parental separation and suggests that the interrelationship between child abuse and relationship breakdown should be acknowledged as a legitimate matter of serious concern.
Reconnecting a child with an absent parent is a complex process. This article describes variables influencing the reconnection and proposes a seven-stage model for supporting successful reconnections. Case examples illustrate the discussion. Ethical dilemmas for practitioners and courts involved in reconnections are outlined. Guidelines for working with reconnections and directions for future work are proposed. Experience with the model underscores the importance of maintaining a child-centered focus and timeline, understanding safety and risk issues and implementing an appropriate safety plan, the critical role of assessment and support services, and the value of consultation and teamwork.
Social science research and the courts have begun to recognize the special challenges posed by “high-conflict” separations for children and the justice system. The use of “high conflict” terminology by social science researchers and the courts has increased dramatically over the past decade. This is an important development, but the term is often used vaguely and to characterize very different types of cases. An analysis of Canadian case law reveals that some judges are starting to differentiate between various degrees and types of high conflict. Often this judicial differentiation is implicit and occurs without full articulation of the factors that are taken into account in applying different remedies. There is a need for the development of more refined, explicit analytical concepts for the identification and differentiation of various types of high conflict cases. Empirically driven social science research can assist mental health professionals, lawyers and the courts in better understanding these cases and providing the most appropriate interventions. As a tentative scheme for differentiating cases, we propose distinguishing between high conflict cases where there is: (1) poor communication; (2) domestic violence; and (3) alienation. Further, there must be a differentiation between cases where one parent is a primary instigator for the conflict or abuse, and those where both parents bear significant responsibility.
In this study of 120 divorced families referred for child custody evaluations and custody counseling, multiple allegations of child abuse, neglect, and family violence were raised in the majority of cases. About half of the alleged abuse was substantiated in some way with one fourth involving abuse perpetrated by both parents. Different kinds of allegations were raised against mothers compared with fathers. Implications of these findings for social policy, family court interventions, and the provision of coordinated services within the community are discussed.
Forensic psychology has not systematically examined the problem of evaluating the credibility of allegations of marital violence within the context of a child custody case. The importance of this issue stems from the negative effect of family violence on children, the implications for parenting effectiveness, and consideration of the feasibility of joint custody. When marital violence has not been previously disclosed or objectively documented by prosecution, there is a need to examine the credibility of the allegations because of the strategic incentive for both sides to distort historical events. A six-factor model is presented to assist the child custody evaluator and judicial decision maker in this task. A risk assessment approach to marital violence in the custody evaluation context is presented. The need to examine the empirical basis of marital violence allegations in custody litigation should not discourage victims from raising the issue and does not diminish the seriousness of family maltreatment as a social problem.
Today, judges are faced with the daunting task of determining the best interests of the child and making appropriate custody awards to that end. The best interests of children becomes a critical question when domestic violence is involved; yet, determining what constitutes domestic violence is often debated. Research is often divided on what constitutes domestic violence. One body of research focuses on conflict, another focuses on domestic violence. What the first group identifies as intense emotional distress and disagreement, the other identifies as abuse. Judges making custody determinations in such cases are faced with the difficult challenge of distinguishing between a divorce with “high conflict” and a domestic violence case with ongoing abuse. This article will summarize the legal, philosophical, and historical understandings of the “high conflict” family and its potential impact on children. It will also provide practical judicial guidelines for making the important distinction between high conflict and domestic violence and subsequently crafting appropriate and safe child custody awards.
This article provides an overview of the key concepts, themes, issues, and possible mental health and legal interventions related to children's postseparation resistance to having contact with one parent. We maintain that the too often strongly gendered polemic on alienation and abuse is polarizing and needs to be replaced with a more nuanced and balanced discussion that recognizes the complexity of the issues so that the needs of children and families can be better met. This article reviews the historical development of the concept of alienation; discusses the causes, dynamics, and differentiation of various types of parent child contact problems; and summarizes the literature on the impact of alienation on children. These are complex cases. A significant portion of the cases in which alienation is alleged are not in fact alienation cases; for those where alienation is present, interventions will vary depending on the degree of the alienation. More severe alienation cases are unlikely to be responsive to therapeutic or psycho-educational interventions in the absence of either a temporary interruption of contact between the child and the alienating parent or a more permanent custody reversal. We conclude with a summary of recommendations for practice and policy, including the need for early identification and intervention to prevent the development of severe cases, interdisciplinary collaboration and further development and research of interventions.
This article describes an innovative educational and experiential program, Family Bridges: A Workshop for Troubled and Alienated Parent-Child RelationshipsTM, that draws on social science research to help severely and unreasonably alienated children and adolescents adjust to court orders that place them with a parent they claim to hate or fear. The article examines the benefits and drawbacks of available options for helping alienated children and controversies and ethical issues regarding coercion of children by parents and courts. The program's goals, principles, structure, procedures, syllabus, limitations, and preliminary outcomes are presented. At the workshop's conclusion, 22 of 23 children, all of whom had failed experiences with counseling prior to enrollment, restored a positive relationship with the rejected parent. At follow-up, 18 of the 22 children maintained their gains; those who relapsed had premature contact with the alienating parent.
In the emerging literature, cases involving recurring, unsubstantiated allegations of child sexual abuse have generally been categorized as Munchausen by proxy. Recent scholars have recommended restricting the label to the original conceptualization, involving purposeful deception motivated by psychological needs for medical attention. This leaves many cases unclassified that do not fit the Munchausen by proxy criteria, involve significant risks to the child, and ultimately fall outside of existing structures for Child Protective Services/legal intervention. This paper presents a reconceptualization of such cases, proposing to label them "recurring sexual abuse allegation" cases. Defining the set of cases more clearly can aid child protection workers in their management and encourage research on prevalence, consequences to children, treatment strategies, and needed legal reforms.
Experts in clinical evaluations of child sexual abuse were studied using a paradigm that requested them to estimate the likelihood of a 3-year-old child having been sexually molested by her father, as alleged by her mother, when she was two years old. All of the experts claimed special qualifications and experience in the field of diagnosing and treating child sexual abuse victims. Expert-respondents provided two estimates of the likelihood that the child had been molested, the first following a detailed presentation of the clinical case by the actual evaluator of the child (the presentation included opportunities to ask questions ad libitum beyond the presentation material), the second following an extensive discussion of the clinical material with other child experts present. The range of estimated likelihoods that the child had been molested was extreme among the expert respondents. The clinical conference format that was used seemed to provide the experts with no apparent means for eliminating or reducing differences in their clinical opinions. Recommendations concerning how the supervising court should regulate further child-father contacts were similarly varied. The implications of these findings for judicial acceptance of expert testimony in cases of alleged child sexual abuse are discussed.
The 1998 Canadian Incidence Study of Reported Child Abuse and Neglect (CIS-98) is the first national study to document the rate of intentionally false allegations of abuse and neglect investigated by child welfare services in Canada. This paper provides a detailed summary of the characteristics associated with intentionally false reports of child abuse and neglect within the context of parental separation.
A multistage sampling design was used, first to select a representative sample of 51 child welfare service areas across Canada. Child maltreatment investigations conducted in the selected sites during the months of October-December 1998 were tracked, yielding a final sample of 7,672 child maltreatment investigations reported to child welfare authorities because of suspected child abuse or neglect.
Consistent with other national studies of reported child maltreatment, CIS-98 data indicate that more than one-third of maltreatment investigations are unsubstantiated, but only 4% of all cases are considered to be intentionally fabricated. Within the subsample of cases wherein a custody or access dispute has occurred, the rate of intentionally false allegations is higher: 12%. Results of this analysis show that neglect is the most common form of intentionally fabricated maltreatment, while anonymous reporters and noncustodial parents (usually fathers) most frequently make intentionally false reports. Of the intentionally false allegations of maltreatment tracked by the CIS-98, custodial parents (usually mothers) and children were least likely to fabricate reports of abuse or neglect.
While the CIS-98 documents that the rate of intentionally false allegations is relatively low, these results raise important clinical and legal issues, which require further consideration.
The forensic psychiatrist's efforts to strive for objectivity may be impaired by unrecognized unconscious biases. The author presents a framework for understanding such biases. He then offers a practical approach for individual forensic psychiatrists who want to identify and minimize the influence of previously unrecognized biases on their evaluations.
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