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Abstract:
Qualitative and quantitative research conducted over the past thirty years demonstrates that highly conflicted custody cases are detrimental to the development of children, resulting in perpetual emotional turmoil, depression, lower levels of financial support, and a higher risk of mental illness, substance abuse, educational failure, and parental alienation. The level and intensity of parental conflict is now thought to be the most dominant factor in a child's post divorce adjustment and the single best predictor of a poor outcome. This article explores methods for identifying high conflict custody cases and provides recommendations for improving the legal system's response to addressing the needs of families in conflict.

custody, high conflict custody, custody of children, divorce, parental rights, best interests of the child, family law, judicial reform

Abstract:
The author discusses the intersection of the debates over rights for children and representation of children. Issues, problems and current rights of children, as well as the obstacles to getting a child's voice heard, are outlined. The perceived conflict between parental rights and children's rights if the child's voice is heard is explored. The problems with the use of the best-interest standard as a deciding factor in placement issues, with ideas for improving the standard, are discussed. The wide variances on current practices and standards of representation are detailed and the article concludes that children should be rights-holders and entitled to client-centered lawyers.

client-centered lawyer, client-directed lawyer, family law, high-conflict custody, child, children, representation, rights, best interests of the child, due process rights, child's voice, divorce, guardian ad litem, capacity, child centered representation

Abstract:
The last fifty years of child custody law reflect paradigm shifts and pendulum swings in the prevailing scientific and societal views of what is in the best interests of a child. The evolution of the law tracks changes, shifts, and sometimes divergent perceptions of the needs of children and families, particularly those involved in conflict. The trend has been away from broad judicial discretion to a more rules-based approach. For each change that has inspired hope for better, easier, or more efficient ways of resolving painful family conflicts and dilemmas, there have been frustrations and uneven results. Not every change has been progress. The article explores five decades of child custody law, starting with the changes in families and the problems caused by high conflict families. It also discusses the legal changes from presumptions to factor-based best-interests-of-the-child analysis, and outlines how the court systems have adapted to different mandates and tasks, as well as to the growing numbers of high-conflict cases. Lastly it sets out the increasingly complex role of mental health professionals in custody disputes.

family law, child custody, children, best interests of the child, divorce conflict, children's rights, Frye test, Daubert criteria

Abstract:
The turn of the century provides us with a unique opportunity to evaluate where we have been. As lawyers, we have seen expanding definitions of what constitutes a "family," the shift from state to federal and international regulation of many family matters, and dramatic changes in the practice of law. Where we are going depends on our ability as individuals, as a profession, and as a nation to reconcile some of the conflicting ideals that exist at the end of the century.