Reforming the System to Protect Children in High Conflict Custody Cases

57 Pages Posted: 12 Apr 2007


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.

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

Suggested Citation

Elrod, Linda D. Henry, Reforming the System to Protect Children in High Conflict Custody Cases. William Mitchell Law Review, Vol. 28, No. 2, pp. 495-551, 2001, Available at SSRN:

Linda D. Henry Elrod (Contact Author)

Washburn University - School of Law ( email )

1700 College Avenue
Topeka, KS 66621
United States
(785) 231-1010 x1838 (Phone)
(785) 231-1037 (Fax)

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