Practical Meaning of Sole Legal Custody

SOLE LEGAL CUSTODY to....Mom....or....Dad....

Those words spoken by a family court judge are devastating to the parent who just lost their right to make decisions about critical aspects of a child's life:

Child care/preschool

Education: K-12

Medical health

Mental health

Dental health

Religious/spiritual education

Enrichment activities

The parent who loses legal custody will usually still have access to records about their child in each of the legal aspects. 

Sometimes the judge allows the non custodial parent to access records directly from providers, and sometimes the judge directs the custodial parent to provide the information. There are circumstances where the judge orders that the non custodial parent have no access to information about any legal aspect of the child's life.

It is important to know that an allegation of domestic violence is extremely serious. Such a finding may result in the judge dealing with records access in a more restrictive way because of concerns about health, safety, and welfare.

For example, if the judge finds that a parent has committed acts of domestic violence against the child, the other parent, or the child's siblings within the past five years the judge, by law, must presume that the parent who committed the domestic violence cannot have joint or sole legal or physical custody of a child.

Permanent restraining orders require special protections for a longer period for the child and the custodial parent. This is why legal custody cannot be granted in a case where domestic violence has resulted in such an order.

It is critical that non custodial parents understand their rights and responsibilities in the realm of legal custody. If the judge has granted you access to records, you have the right to directly contact providers to get the information.

However, if you contact a provider with an attitude of entitlement, making demands you will very likely end up losing your right to directly contact providers. And you should. That is where the word responsibility comes in.

You have a responsibility to behave appropriately with any provider who has a direct relationship with your child. Every word you say and the way you say it will effect your child's life. Take this responsibility seriously and prepare yourself for contact. Understand that the other parent will probably have let the provider know about the legal custody situation. Don't be surprised and hurt by that. You would do the same if you were the custodial parent.

When you contact a provider and discover that the provider does not understand that you can have access to records then politely ask the provider how they would like to receive a copy of the order so that the provider is confident they are complying with the law.

What if the custodial parent won't give you the information about the child's providers? If you don't have the information, you must get it from the custodial parent. That is the only choice. Especially if there is a restraining order. Any attempt on your part to investigate or interrogate will likely be experienced as harassing or stalking. Don't do it. Instead, use legal channels to get the information. 

If the custodial parent won't give you information about the providers in the life of your child, it can be very tempting to coax the information out of your child. Don't do that to your child. Legal custody is shared between adults and the child will feel the elicit nature of your inquiry even if the child isn't old enough to understand what you are trying to do. Don't put your child in the position of coparenting with you. Don't put your child in the position of telling you secrets. It is detrimental to the child and can damage that child's relationship with both parents. 

Your child can talk with you about anything. That is what most parents want! Treasure the openness and spontaneity of your child and treat them with respect. Don't take advantage. Don't exploit your child. 

If you are frustrated, feeling helpless and powerless because of your custody situation, reach out for support. It exists. You don't have to go it alone. You don't have to burn out your family and friends. A word of caution though. Some support offered to parents is divisive and has a goal of reinforcing the battle, the competition, and winning. If that's what you want, that will work for you but it is not a goal that is child-centered. 

If you want a positive future for your child, peace in your family, and a loving coexistence for your child between his or her two homes, then find support that is balanced and respectful of the needs of your child. 

Key Factor #5 for Hannah's House Professional Supervised Visitation Services: Forensic Record Keeping and Reports

Forensic science is any scientific field that is applied to the field of law. In the case of supervised visitation at Hannah's House, the areas of science are social science and behavioral science. Forensic scientists are tasked with the collection, preservation, and analysis of scientific evidence during the course of an investigation and all of that evidence is.related to, used in, or suitable to a court of law.

The provision of supervised visitation services requires 100% eye shot and earshot observation and documentation. The 2015 California Rules of Court sets forth Standard 5.20.

Uniform standards of practice for providers of supervised visitation

(a) Scope of service

This standard defines the standards of practice, including duties and obligations, for providers of supervised visitation under Family Code sections 3200 and 3200.5. Unless specified otherwise, the standards of practice are designed to apply to all providers of supervised visitation, whether the provider is a friend, relative, paid independent contractor, employee, intern, or volunteer operating independently or through a supervised visitation center or agency.

The goal of these standards of practice is to assure the safety and welfare of the child, adults, and providers of supervised visitation. Once safety is assured, the best interest of the child is the paramount consideration at all stages and particularly in deciding the manner in which supervision is provided. Each court is encouraged to adopt local court rules necessary to implement these standards of practice.

Nonprofessional providers are held to the same standard as professional providers in most areas of the standard. They are not required to document, maintain records or produce reports. Only professional providers are held to the record keeping and reports portion of the standard.

5.20 requirements are detailed clearly:

(1) Professional providers must keep a record for each case, including the following:

(A) A written record of each contact and visit;

(B) Who attended the visit;

(C) Any failure to comply with the terms and conditions of the visitation; and

(D) Any incidence of abuse as required by law.

(2) Case recordings should be limited to facts, observations, and direct statements made by the parties, not personal conclusions, suggestions, or opinions of the provider. All contacts by the provider in person, in writing, or by telephone with either party, the children, the court, attorneys, mental health professionals, and referring agencies should be documented in the case file. All entries should be dated and signed by the person recording the entry.

(3) If ordered by the court or requested by either party or the attorney for either party or the attorney for the child, a report about the supervised visit must be produced. These reports should include facts, observations, and direct statements and not opinions or recommendations regarding future visitation. The original report must be sent to the court if so ordered, or to the requesting party or attorney, and copies should be sent to all parties, their attorneys, and the attorney for the child.

(4) Any identifying information about the parties and the child, including addresses, telephone numbers, places of employment, and schools, is confidential, should not be disclosed, and should be deleted from documents before releasing them to any court, attorney, attorney for the child, party, mediator, evaluator, mental health professional, social worker, or referring agency, except as required in reporting suspected child abuse.

Hannah's House has a database of clients which includes the initial phone screening, intake information, and a phone log where all phone conversations are logged. Since the advent of email and the internet, electronic documentation has become the more common method of communication and all emails communication is maintained on all clients.

Supervisors complete Activity Reports during each visit and each exchange. Documentation on the Activity Report is completed at the time of service delivery and then reviewed in a weekly Quality Assurance meeting for completeness and accuracy.

When a court report is ordered or requested by any legal party to a case, the individual activity reports are compiled into one report document and distributed to all legal parties to the case. All phone logs, emails and in-person communication is also included in the court report.

Hannah's House provides supervised exchange services that are guided by the 5.20 Standard. However, it's important for consumers to know that, as of January 1, 2015, any reference to supervised exchange in the Rule were eliminated. This means that there is no standard for supervised exchanges.

Key Factor #4 for Hannah's House Professional Supervised Visitation Services: Team Approach

When we began our research for program development in 1988, we found that one of the first common concerns expressed by the majority of parents, extended family members and professionals in the community related to the bias of professional monitors.

Users of the services experienced the providers as "taking sides." Sometimes it was a perception and sometimes it was an accurate report. We realized that there was no way in family disputes to ensure that both parties had a positive customer experience. We also realized that we had to develop a service delivery system that controlled for the perception or the reality of a professional provider "taking sides."

We decided to use a Team Approach to service delivery. This seemed like the best way to ensure that there were multiple perspectives and experiences of each family receiving services. It is human nature to become accustomed to a situation, to begin to generalize from our past experience in that situation, and then to lose accuracy and completeness in the experience.

We recognized that everyone has biases, prejudices, beliefs, and values that filter our daily experiences. It made sense to us that multiple professionals interacting with the same family would produce a much more accurate picture of parent-child relationships over time.

We also recognized that we all have had the experience of instantly liking or disliking someone. We knew this would happen for staff members and for clients. We decided early on that these responses would not dictate staffing assignments.

Staff members needs to be able to observe and document accurately regardless of personal reactions to someone. Skill development for a professional includes learning how to self-observe negative reactions to a person or behavior and then document without prejudice or editing.

Parents need to focus on just spending time with their children. Countless times over the past 27 years, parents have complained about the prejudice of a staff member. When we review the notes in these cases, 9 out of 10 times we find that the documentation provided a picture of a good parent and a positive parent-child relationship.

The parent was having a negative reaction to the Team Member and made the assumption that it meant the person didn't like the parent and that the Team Member would document with a negative tone. Imagine if we changed Team Members or assigned Team Members based on the requests of a parent. That would be bias or at the very least the appearance of bias.

Hannah's House has successfully used the Team Approach to forensic service delivery for over 27 years. We do assign one staff person to particular cases but only when there is a clearly documented medical reason for such an assignment.

We are the eyes and ears of the judge who will never meet the children, at least in most cases. We have a legal, moral, and ethical obligation to provide the clearest possible picture of the family. The Team Approach helps us meet all of these obligations in a forensically validated manner.

Key Factor #3 for Hannah's House Professional Supervised Visitation Services: Clear Policies and Procedures

Since 1988, Hannah's House has provided forensic support services to families involved in family court cases the San Diego Superior Court.

We started very small with just one family. We consulted with professionals in the community from different ares of interest:
Legal
Mental Health
Medical
Education
Law Enforcement
Employee Assistance
Nonprofit

We also identified a large group of consumers who had used forensic support services in communities throughout the country, and conducted individual interviews and surveys to determine what had helped families and what had hurt families.

It quickly became clear that there were several basic elements that had to be present in any effort to help these families:

1 Philosophy of inclusion of both parents

2 Goal of normalizing divorce, separation, and child sharing

3 Equal treatment of both parents ordered to supervised visitation

4 Focus on the here and now for parents visiting children - references to the past or the future was stressful for the child

5 Sensitivity to the appearance of bias or the appearance of a conflict of interest

6 Routine and predictability was essential for all family members

Fortunately, the co-founders of the organization came out of a military background where clear policies and procedures provided a sense of stability, continuity and teamwork.

The organization was developed with these 6 basic elements as the cornerstone. Clear, written policies and procedures were created between 1988 and 1992 as service delivery to families increased.

A community advisory group composed of the interdisciplinary team of professionals drafted policies, reviewed the implementation with families as they received services, and refined the procedures to ensure maximum effectiveness.

Many of the polices and procedures created during those early years remain unchanged today. California did not have standards for the delivery of professional supervised visitation services until 1998, originally Rules of Court 36.2, not 5.20.

Hannah's House was already meeting and exceeding those 1998 standards when they came into being. The only changes required were agreements with local law enforcement and specific abduction prevention policies that were required for agencies.

The definition of supervised visitation in the law is "contact between a noncustodial party and one or more children in the presence of a neutral third person."

There is no mention of anyone other than parent, child, neutral. By law, there is no inclusion of guests. No extended family members. No blended family members. No friends.

This basic definition is probably the best example of why clear policies and procedures are essential. There is no way to address the matter of guests in an unbiased way that ensures there is no discrimination in favor of or against a consumer unless the same rules apply to every single case and every single request.

There are 17 standards in the law, and 90 sub-standards in the Calfornia law governing the work of the professional provider of supervised visitation. Despite this attention in the law, this is a profession that is still largely unregulated.

Consumers have little or no protection from professional providers who do not follow the law, especially if the consumer has no idea that they are operating illegally. That is why it is critical for the consumer to know the law and know the legal standards.

Take a copy of Family Code 3200.5 and Rules of Court 5.20 to your orientation meeting with the professional provider you have chosen. The provider should be able to tell you the policy and procedures they have in place for each of the 17 standards and each of 90 sub-standards.

The provider must have a written contract signed by each client that details the policies and procedures of the provider. If you, the consumer, find that the provider is unable to tell you what the policies and procedures are that they follow to ensure compliance with the law, don't use them for services.

Policies and procedures established, implemented, and maintained by the professional provider of supervised visitation is the only protection the individual family member has that the child will be safe and court orders will be respected.

San Diego Superior Court does not require any proof from any person on Court Resource List. You, the parent, are the only person who can ensure the the law is followed.

Unfortunately, there are still many attorneys who are unfamiliar with the standards for the provision of these services. If you have an attorney, make sure that your attorney is familiar with the standards and that he or she is recommending a professional who is, in fact, in compliance.

The law is in place to ensure that the services are delivered properly, that orders are followed and that children are protected. Professional providers of supervised visitation should be held to the standards they have already sworn to under penalty of perjury when they made application to be included on the list provided to consumers on the San Diego Superior Court website Court Resource List.

Children Need Relationships with Both Parents

Coparenting is a critical aspect of all of our lives. All children are conceived by at least two parents. In the case of adoption, surrogacy, and other family constellations some start out with more than two.

Research over the last 30 years has pushed and pulled family professionals toward the understanding that virtually all children will be coparented and virtually all families coparent.

Coparents who compete with each other by trying to have the child become an ally with one parent against the other provide an unsafe family structure for the child.

The child is left with few options except: (1) to become a go-between, (2) to choose one parent over the other, or (3) withdraw from both parents at least in any genuine sense of connection.

A coparent who tries to eliminate the competition by alienating or estranging the children from the other coparent risks alienating or estranging the child from parts of him or herself as the child struggles for a sense of identity in an unsafe and unbalanced family system.

Children need a protective family structure and coparenting is especially important in providing the safety, security and continuity so critical to the child's healthy development.

If you can't respect and cooperate with your coparent, then shift your perspective and try respecting and cooperating with the part of your child that needs his or her own experience of that other parent in order to develop a strong, clear and autonomous sense of self in the world.

When you find yourself thinking negative thoughts or saying negative things about the other coparent, try inserting your child's name and face instead.

Cooperative coparenting is about valuing the needs of the child and respecting all of who your child is, not just the part that you contributed.

Navigating the aftermath of the break up of a family is difficult for everyone. At least the grown ups have tools and resources to find their way. The children do not. They are relying on us, the grown ups, to support them in finding their way.

Transitional Coparenting

Transition is a word we all know. It means that something in my life is changing and I am in-between what used-to-be and what is-to-come. It means I don’t know how long I will be in-between.

Stress is a word we also all know. And most people understand that there is helpful/positive stress, and hurtful/negative stress.

Some transitions are a normal part of life and there are social/cultural rituals that support those transitions and the people going through them:

1 Birth of a child and every single thing that child learns to do for years to come!

2 Child starting pre-school and each significant transition through the academic years!
3 Engagement and marriage

4 Death of parents and grand-parents

Some transitions are unplanned, unexpected, shocking, and traumatic. These are transitions that do not happen to everybody.

These are transitions accompanied by a sense of isolation, judgment by others or fear of that judgment.

Divorce, separation, the break-up of a family…this is one of those unexpected transitions that don’t happen to everybody.

This is a transition that changes everything in our lives. Just the logistics can be overwhelming.

1 Someone has to move.

2 The legal system gets involved.

3 Extended family and friends take sides.

4 The division of labor in the household no longer exists – both parents become single parents.

This list is endless and truly includes almost every single aspect of who we are in our home, in our families, and in our communities.

Regardless of the trigger, transitions have three basic components.

T rusting
R eal
A nxieties

The fears and worries you have a real. Others may want to minimize them, to reassure you. Find people who understand that this transition is going to last a long time and you need to be able to feel the fears that go with that.

N eeding
S pecific
I nformation

Seek information from many sources! Don't just take that referral for a go-for-the-throat family law attorney because you are feeling afraid. Take a deep breath and honor yourself and your children enough to do some research. Find out everything that is available. Don't stop exploring until you are sure you understand all of your choices.

T o
I dentify
O ur
N ext
S tep

Once you understand your choices, it's time to make a decision. Don't try to solve everything at once. Just make a decision about the next thing you absolutely need to address. If you can take it just one step at a time, you will be less likely to make mistakes that will add to your stress.

Transitional coparenting often begins long before the household breaks apart into 2 separate homes. Tension, fighting, betrayal, fear – these feelings are usually part of the coparenting relationship even before the parents live in 2 separate homes.

Bad habits, automatic actions and reactions are created before either parent is even aware that it is happening.

Very few families break apart easily. New hurts occur in the process and intensify the old ones. This happens to everyone in the family. Unfortunately, the focus is all too often on the experience of the grown-ups. The parents are so focused on each other that neither is really protecting the children. More likely, the parents are competing to look as if they are protecting the children.

Sadly, both parents are probably focused on protecting the children from the other parent and not focused on protecting the children from the trauma of the parents not being friends anymore.

Transitional coparenting means:

1 keeping your own feelings about the other parent to yourself.

2 never saying anything negative about the other parent to or in front of the children.

3 reassuring children that both parents will always love them.

4 explaining that both parents have figured out that they just can’t live together anymore and it has nothing to do with the children.

5 saying “mommy” or “daddy” when referring to the other parent

6 communicating only about the children if the email or text is focused on coparenting

7 asking for support and change, rather than making demands

8 honoring the choices you made for the sake of your children.

Transitional coparenting is hard work. There will be many times when you want to explode or scream or rant in pain, hurt, or anger. You will have to delay, restrain yourself, and wait until the children have gone to bed or gone to be with the other parent.

Transitional coparenting means taking advantage of every moment you have when the children are not present, to take a deep breath and feel all the feelings about your marriage, your life, that other person who hurt or disappointed you.

Transitional coparenting means preparing for reuniting with your children every single time they come back. You want to be ready for them, welcoming, and as emotionally clear as you possibly can be.

You chose to create a child with the other parent…don’t hurt your child by letting them know that you have changed your mind. Reassure your child every day in every way that you love him or her just the way they are. Cherish the wonder of the child you and the other parent created and find ways to cherish the ways that child is like the other parent.

If you reject the other parent, you reject your child.

Find a support group for Moms or Dads of 2-home children. Start therapy. Take a coparenting class. Take a parenting class.

Bottom line: The transition of restructuring a family from 1 home to 2 homes takes a long time. And you are in this for the long haul, right?

Take care of yourself in some way every day, or you will not be able to take care of your children.

Teach Our Children Well

Parents are the first and most important teachers of social and emotional learning for children. Like it or not, we are heavily influenced in our love maps and social imprinting by our Moms and Dads. It is the reason that we end up 'marrying' our mother or father, metaphorically speaking. It is the reason that we almost all reach a point in our lives where we say..."OMG! I sound just like my mother/father!" It's also the reason that one of my favorite magnets is "If it's not one thing, it's your mother..."  :-)

Parents cannot be neutral influences in our lives because they are quite literally half of who we are. So an absent or impaired mother or father has just as much influence as an active and engaged one, although quite different in the way we are shaped.

We know from research and practical experience that the best learning for all of us emerges in the context of supportive and nurturing relationships that make learning challenging, engaging and meaningful. Social and emotional learning is the process by which we acquire and apply the knowledge, attitudes, and skills necessary to understand and manage emotions, set and achieve positive goals, feel and show empathy for others, establish and maintain positive relationships, and make responsible decisions.

That is a tall order for any parent and chronic stress increases the challenge.  Family court involvement is often an unexpectedly long and complicated part of our lives, filled with uncertainty, anxiety and loss. There is no way that a parent, no matter how loving and committed, can possibly attend to the social and emotional needs of a child without help from others during a prolonged family court dispute.

We can learn to teach our children well even under great stress and emotional pressure, if we are taking care of our adult needs and attending to our own need for information and support. Transitions are difficult, even when they are positive. Life happens to everyone and family court is certainly not a part of life for everyone. But transition is a part of life that everyone shares. Uncertainty, anxiety and loss are part of the territory of the transition landscape. And there are resources in almost every community that assist people with all kinds of life transitions.

If you and your children are in transition, look for the resources in your local community involved in family court support. Possible sources of information are United Way, county Health and Human Service Departments, and your local nonprofit Foundation which is usually a great resource for nonprofit mission information.  Find the nonprofit organizations serving the needs of family court involved parents and children.

There is help available if you reach out for support. In San Diego, Hannah's House and Transitions Family Program are great resources and can also make referrals for other needs you may have. Our Family Resource Center is in development and we hope to be able to eventually offer resource information for family court involved parents and children locally, regionally and nationally.

Our children are watching and listening and learning from us every day. They absorb our lessons about social and emotional values in every moment we spend with them. Whatever we do, they learn from it. Whatever we say, they take in. I believe that parents who are in transition have an obligation to their children to recognize the need for help and support and reach out. That ability to recognize the truth of our situation requires self-honesty and courage. And those are lessons we want our children to learn - self-honesty and courage.

Family Break-Up: Healthy Alliances or Unhealthy Allegiances?

Most coparents have either heard or read about the problems children have with coping skills when the conflict between their parents continues after the separation/divorce. Some children feel caught in the middle of the conflict and feel pressured to choose one of their parents over the other one. Coping with this loyalty conflict is a terrible burden for a child. Some parents, most unintentionally, exploit the child's vulnerability at this crucial time.

A parent who is adequately child-focused, and who finds him or herself struggling with a child feeling torn by a sense of love and loyalty to each parent, will try their best to reassure the child of several things:

1  You don't have to choose. You love both of us and we both love you and always will.

2  You are not the parent, I am. You don't have to take care of me. It's my job to take care of you.

3  Your Mom/Dad and I are working together to make good decisions for you. This is not your responsibility.

4  It's not your fault. You didn't cause it. Your Mom/Dad and I decided we would both be better parents to you if we didn't live together anymore.

5  I know it's hard learning to go back and forth between Mom's House and Dad's House, but I know you can do it and your Mom/Dad and I will both help you!

These 5 basic messages help create healthy alliances for the child with both of his/her parents. They support the child's need for reassurance and relief from grown-up responsibilities. They communicate that there is an agreement between Mom and Dad to cooperate with each other to take care of the child.  The message is clear that both parents share the same interest in being supportive of the child.

A parent who is not adequately child-focused, and who finds him or herself struggling with a child feeling torn by a sense of love and loyalty to each parent, will covertly or overtly try to exploit the child's worry:

1  You want to mainly live with me now, right? We would still all be a family, if your Mom/Dad hadn't destroyed it.

2  I miss you so much when you are gone. I wish you didn't have to leave. It's really hard for me to be alone.

3  Your Mom/Dad is making things really difficult for us to be together. You need to talk to him/her and let them know that you want to spend more time with me.

4  I don't know why your Mom/Dad did this. Everything was going so well. I can't believe s/he would do this to us. I just don't think s/he really cares about us anymore.

5  I don't know how your Mom/Dad expects you to live like this. Nobody deserves this kind of life. I am so sorry that I can't make it stop. I don't know how you can possibly succeed when your Mom/Dad keeps doing this to you!

These 5 messages are used to create an unhealthy allegiance for the child with one parent. They pressure the child to be loyal to only one parent and to withdraw from or reject the other parent. They communicate the need for the child to take responsibility for care of the parent and to feel obligated to that parent. The message is clear that the only choice available is either loyalty or betrayal. The message is also clear that only one parent is interested in being supportive of the child.

If you recognize yourself in the first set of messages, your child will probably be successful as s/he makes the transition through these family changes. You are working to enhance healthy alliances for the child in both homes which creates and nurtures opportunities for cooperation, collaboration, and resilience.

If you recognize yourself in the second set of messages, your child will probably struggle with the transition through these family changes. You are working to create unhealthy allegiance for the child in only one home, which engenders loyalty conflict, competition, and low self worth.

Your child deserves a chance for a bright tomorrow which can only happen if you, the parent, learn how to stop competing and start cooperating; and how to stop sabotaging and start collaborating. You deserve a chance to learn how to coparent in a way that supports your child AND supports you. You can do this by joining a support group, taking a class, or getting some personal coaching or therapy.  You owe it to yourself and to your child!

Why Isn't This Considered Child Abuse?

A 5 year old returns to his mother's house and asks his step-father, "does my mommy really love my daddy more than she loves you?" An 8 year old returns from a week-end spent with her father, and tells her mother "it's your fault that daddy doesn't have any money anymore." A 14 year old, angry when her father won't buy her a new cell phone, tells her father "you're a loser anyway who can't even pay child support and spends all your money on your girlfriend." The parent who hears these words from a child rarely reacts in a helpful way to the child because it is so clear the child is echoing something heard in the home of the other parent. And the immediate response is almost always in reaction to the other parent, as the parent demands "why would your mommy tell you that?" Or exclaims "your daddy has plenty of money?" Or sarcastically says "gee, I wonder where you heard that?!"

The parents who talk to their children or even in front of their children about the child's other parent are engaging in parental alienation behaviors. For most parents, these moments are rare and typically occur only in the first few months of the transition from living together in one home to living apart in two homes. These hurtful disclosures are also rarely intentional and most parents regret the words almost as soon as they are spoken when they realize the hurt they have inflicted on their child.

Unfortunately about 10-15% of parents struggling with family break up either don't notice that they are hurting their child, or they don't care because they place a much higher priority on making sure that the child knows which one of their parents is good and which one is bad, which one is right and which one is wrong. These parents have deficits, either temporary or permanent, that prevent them from being able to protect their children from abuse and maltreatment.

So why isn't it child abuse when a parent repeatedly engages in behavior that is clearly harmful to the child? The answer is complicated. Children are rarely protected from the psychological abuse of a parent, whether the family situation emerges in a Juvenile Court context (Welfare & Institutions Code) and or in a Family Court context (Family Code.) The exception in both Juvenile Court and Family Court is domestic violence. Children exposed to domestic violence in the home are considered to have been victims of child abuse and the law requires that those children be protected from further abuse. Exposure includes visual and/or auditory and does not include any physical abuse of the child.

Domestic violence exposure was not always considered to be child abuse. It came to be categorized as child abuse as a direct result of research documenting the devastating effects on children exposed to parental violence. The harm to these child victims of exposure to domestic violence occurred regardless of whether the domestic violence between the adults included physical harm to one of the adults. Perhaps the research on parental alienation behaviors will eventually result in similar changes to the law in order to protect children exposed to parental psychological abuse from a life time of problems startlingly similar to those documented in children exposed to parental domestic violence: low self-esteem leading to depression and alcohol/drug addiction; relationship difficulties involving psychological control and manipulation; and excessive dependency on others for approval and attention that prevents self-sufficiency and adequate adult adjustment.

Parents who use parental alienation strategies with the intent of harming the child's relationship with their other parent, can be considered to be psychologically maltreating their children. The expression of these strategies inevitably and directly results in children feeling worthless, flawed, unloved, unwanted, endangered, or only of value in meeting another's needs, a commonly accepted definition of psychological maltreatment proposed by Binggeli, Hart, & Brassard.

Parents who use alienating strategies also behave in other ways that add the child's feeling of being abused and mistreated. They intrude on the child's life in every area in order to prevent the child from feeling comfortable or safe anywhere except in the presence of the abusive parent. Parents who abuse their children lack empathy and are unable to accept or acknowledge any needs or perceptions the child may express that are different form those of the parent. This lack of empathy and intolerance of interpersonal differences are the hallmarks of the child abuser.

For now, it is an unusual experience for a child victim of parental alienation behaviors to be removed from or protected from the abusive, intrusive parent. The parent's constitutional rights usually take precedence over the child's need for safety and security because there is not adequate proof or belief that the child needs protection. When a judge does see and understand the profound psychological damage to the child, they find themselves stuck for adequate intervention strategies. In most communities, there just are not adequate resources available to provide all members of an estranged and traumatized family with any hope of finding some peace and resolution. Hopefully, these community challenges will be addressed.

These real world realities and limitations do not change the fact that it's child abuse. Any parenting behavior engaged in with the intent of doing harm to a child's sense of love, safety and well-being in their family relationships is, in fact, child abuse. Perhaps it's time to just call it what it is instead of denying it. Like any real problem that interferes with a positive life, the first step to being able to solve a problem is to admit that it is a problem.

Coparenting Means Parents Supporting Each Other for the Good of the Child

Many parents give no thought to coparenting until they separate. This is unfortunate because coparenting actively begins around the time that discussions about conception of a child begin or, at the latest, immediately after conception. Parents make a multitude of decisions on behalf of the in-utero child from the basics of health and nutrition to the more advanced idea of implementing the findings from research on music and language exposure during gestation. For parents who complete marriage preparation classes, coparenting discussions may begin long before the parents even marry. The basic question each member of a couple needs to answer and share with his or her partner is "How will I support you in becoming a parent?" Once the child is born and begins to grow and develop, the question changes slightly to "How will I support you in becoming a better parent?"

The  concept of coparenting mutual support is particularly important because we know from the research that coparenting problems at 2 years of age can predict 7-year-old childrens' psychological problems, including somatic (body) complaints (my tummy hurts), Oppositional Defiant Disorder (ODD) and Attention Deficit Hyperactiviy Disorder (ADHD). These findings emerged from an examination of coparenting couples who were cooperative with one another versus competitive with one another, as well as couples where one coparent had a harsh style of discipline. The psychological problems in children occurred as a result of the competitive coparenting relationships, but not the cooperative coparenting, or those in which a parent was a harsh disciplinarian.

Successfully transitioning from married to divorced coparenting is complicated and challenging for any coparenting couple, but particularly so when the parents have had a competitive coparenting relationship. Simply put, these are parents who believe that he or she knows the best way to parent and has worked to prevail in decision making and active parenting by overriding, overwhelming, shaming, controlling, or simply ignoring their coparenting partner. The transition from 1 home to 2 homes is probably going to be painful for the children with poor outcomes in almost every life area, unless both parents learn to do three things.

First, focus on the children rather than him or herself or their competition, the other coparent. Second, regulate their emotional responses by learning to let go of divorce/separation anger as quickly as possible. And, third, choose carefully the battles about time and money rather just letting loose at every perceived opportunity.

For some people, these 3 important tasks/skills can be learned in a coparenting class. For others, some individual coaching and support may be more helpful. And for still others, typically those who have unhealed childhood traumas or devastating adult traumas, education combined with some personal therapy may be necessary. It is the responsibility of the parent to recognize and protect the vulnerability of the child rather than exploit it. Unfortunately, the competitive coparent will almost always exploit the child by actively engaging the child in the court battle and the adult issues.

If you find yourself coparenting with a competitive coparent, than find other social coparents in your circle of friends, family and community to provide kind, loving and nurturing adult models for your child. You can't change your child's legal coparent but you can certainly work actively to provide some health and balance sot that your child gets to have the experience of seeing parent-figures supporting each other for the good of the child.

Loving All of Your Child When You Hate the Other Parent

The other parent is in my child and my child is of his father as much as he is of me. I see it in his smile and the wrinkle of his nose. I hear it in his laugh and his distinctive voice. I marvel at the comfort of his extroversion that could have only come from his father. Today I have affection for all of these wonderful ways in which my son is like his father. But I struggled mightily in earlier years to find ways to love and nurture all of my son, and to support him becoming the young man he is today.

Asked if they love their child almost all parents would say "of course, I do! How could you even ask that question?" But in the world of divorce, broken families, custody battles and tension-filled co-parenting relationships, it is a question that needs to be asked slowly, thoughtfully and repeatedly to help parents overcome their denial about the direct damage done to a child who is raised by a parent who dislikes, mistrusts, or even hates half of who that child is.

Learning to love all of who your child is following the break-up of your relationship requires a strong commitment to developing a new set of parenting skills to protect your child over the long term from your adult emotions, judgments and disappointments.

Step 1 is learning to control your eye rolls, winks, sighs, hand signals, voice tone, whispered criticisms, and snide or sarcastic references to the other parent and his or her friends, family and values.

Step 2 is learning to communicate with the other parent ONLY about coparenting matters and doing so in a straightforward manner without hooks, barbs, innuendo, condescension or innuendo

Step 3 is finding a way to show basic respect for the other parent's contribution to your child's spirit, presence, personality, physicality, existence.

Step 4 is communicating that respect to your child in a manner that is genuine - children can tell when you are faking it.

Step 5 is skill development through practice-practice-practice.

Skills include a combination of:
1 noticing your emotional reactions/over-reactions,
2 restraining yourself,
3 talking your reactions over with other neutral adults,
4 learning when you need to initiate a communication
5 learning when you need to respond to a communication,
6 drafting and saving;
7 editing and saving;
8 editing and deleting OR editing and sending.
9 sending ONLY when you have determined that the response is appropriate and necessary,
10 limiting communication to 40 words or less and focused on just 1 topic, no more than 1 per day unless it is an urgent matter needing to be resolved in less than 24 hours.

Unless you truly have an "amicable" break-up, it is going to take anywhere from 6 months to a couple of years to sort all this out and begin to have some sense of competence about your coparenting. In the meantime, find some support from people who will help you be wise and mindful about your self care and the needs of your child.

Coparenting For Better or Worse

I return to a familiar theme today, coparenting for better or worse. I believe there is no such thing as neutral coparenting. If I am a co-parent, I have feelings about and towards my coparent, usually very strong feelings. If I try to make the claim that I am neutral...well...I am reminded of an old George Carlin bit where he addressed the topic of people who try to kid themselves: Old George would say that my claim to neutrality in a role that defies such a claim, means that I am either full of S**T or I am F****N Nuts!! I can say that about myself because there once was a time when I prided myself on being neutral in my role as coparent!

The rude awakening about this personal falsehood I tried so hard to believe came about when my 4 year old son essentially told me to knock it off. He said "STOP IT!!" and then told me that I "go away" every time he starts talking about his "Daddy!" I was shocked and very quickly realized that he was right. Who was I trying to kid, anyway? I thought that being mature meant that I needed to act as if I didn't have negative feelings and thoughts about my ex. My son got my attention that day and I changed my mindset. I worked very hard to become a good coparent, which I accomplished, and my life's work for many years has been supporting, teaching and encouraging other coparents to become the best coparent possible.

Coparenting is a critical aspect of all of our lives. All children are conceived by at least two parents. In the case of adoption, surrogacy, and other family constellations some start out with more than two. Research over the last 30 years has pushed and pulled family professionals toward the understanding that virtually all children will be coparented and virtually all families coparent. One of the most comprehensive texts on the topic is a book by James P. McHale and Kristin M. Lindahl called Coparenting: A Conceptual and Clinical Examination of Family Systems. For those of you interested in the research, I recommend it.

Children need a protective family structure and coparenting is especially important in providing the safety, security and continuity so critical to the child's healthy development. Coparents who compete with each other by trying to have the child become an ally with one parent against the other provide an unsafe family structure for the child.  The child is left with few options except: (1) to become a go-between, (2) to choose one parent over the other, or (3) withdraw from both parents at least in any genuine sense of connection. A coparent who tries to eliminate the competition by alienating or estranging the children from the other coparent risks alienating or estranging the child from parts of him or herself as the child struggles for a sense of identity in an unsafe and unbalanced family system.

If you can't respect and cooperate with your coparent, then shift your perspective and try respecting and cooperating with the part of your child that needs his or her own experience of that other parent in order to develop a strong, clear and autonomous sense of self in the world. When you find yourself thinking negative thoughts or saying negative things about the other coparent, try inserting your child's name and face instead. Cooperative coparenting is about valuing the needs of the child and respecting all of who your child is, not just the part that you contributed.

Navigating the aftermath of the break up of a family is difficult for everyone. At least the grown ups have tools and resources to find their way. The children do not. They are relying on us, the grown ups, to support them in finding their way.

It Doesn't Necessarily Take Two...

Family law cases are often designated "High Conflict" because of repetitive litigation and a chronic state of seemingly high tension between the co-parents. Sometimes though, the tension exists within just one of the co-parents rather than between them. In these case, the unmitigated negativity in one of the parents gives the entire case/family the "feel" of a high conflict situation. Thus, one parent may continually be swept along in the tumultuous currents of emotion and tension generated solely by the other parent.

How do you know if this is happening to you? The Honorable Donna J. Martinson is a Judge in British Columbia who advocates a change in the overall system to provide High Conflict cases and the children in them the attention they deserve. While Judge Martinson is focused on changes in the judicial approach, some of the ideas she raises are important for each coparent to seriously consider as well.

Sit down with someone who is mature, neutral, intelligent, AND uninvolved and talk with them about your answers to a series of questions. You will notice that these questions focus on your behavior, not the behavior of the other coparent. Be honest and answer these questions as directly and straightforwardly, factually, as possible without explanation or defense.

• Has your court case becomes the major focus of your life?
• Are you in battle mode most of the time?
• Do you blame the other parent, view the other parent with contempt, and see yourself as a victim?
• Do you want to control the other parent and control what happens when the child is with them?
• Are you focused on the past, using inflammatory, blaming language in affidavits and/or testimony
• Are the facts often distorted, either minimized or exaggerated, and your anger palpable?
• Are the children encouraged to support you in a number of ways including showing them court material, encouraging them to contact the court to support your position, and even bringing them to court?
• Have you recruited friends and relatives to join in the mudslinging?
• Do you attempt to delay the proceedings by changing lawyers or deciding late in the proceedings to be self-represented, filing last minute materials, coming late to court, or deliberately being unprepared?
• Are there highly charged, emotional proceedings in the courtroom, with allegations made, with your supporters gathered to cheer you on?
• Do you attempt to dominate the process and to treat the other person with contempt?
• Do you attempt to sabotage professional assessments or interventions by undermining the credibility of the professional(s) by unilaterally involving other professionals and by not cooperating or making accusations?
• Do you involve the police and/or child welfare authorities when there is no danger?
• Do you make unjustified complaints about the conduct of the professionals involved,including the opposing lawyer, the assessor, and the judge, to their professional disciplinary bodies?
• Do you try to involve the media in support of your "cause.”

If you find that you are engaging in these behaviors then you are probably a High Conflict person yourself. On the other hand, if you are the one getting hooked, overwhelmed and swept along, then get some help and support to ground yourself and find some equilibrium.

Each coparent can only control his or her own behavior with the child, with the court and toward the other coparent. So get the focus on yourself and your behavior and make the changes you need to disengage from the conflict. Hannah's House has FREE support groups for Moms and Dads who are co-parenting 2-home children. Child care is provided. Dad's Group is Monday night from 6-7 pm and Mom's Group is Friday night from 6-7 pm. The groups are open to any Mom or Dad with 2-home kids!