Parenting A Child With A High Conflict Ex (Part 2)

As mentioned in this prior article, reducing the contact and communication between parents who highly-conflict with one another is usually beneficial for a child or children, everything else being equal. One of the effects of these reductions, however, is that “regular” co-parenting will not work. These parents will, instead, “Parallel Parent” their child or children.

According to Edward Kruk, Ph.D., “Parallel parenting is an arrangement in which divorced parents are able to co-parent by means of disengaging from each other, and having limited direct contact, in situations where one or both may have demonstrated that they are unable to communicate with each other in a respectful manner.” What this means is that these parents will not seek input from one another on parenting issues, in order to make consistent rules and policies for the child. Instead, each will parent as he or she sees fit during their respective periods of possession of the child. So, the rules and expectations for children when they are with Mom, will likely be different from those when they are with Dad.

The goal of this arrangement is to protect the children from being in the middle of ongoing disagreements and hostilities, while preserving their relationships with both parents. Conflict is reduced. And, the child is able to benefit from, and enjoy, respectful relationships with each parent.

On some matters, such as educational and medical decisions, the input of both parents is ideal, even when they are Parallel Parenting. The communications related to those decisions are usually made in writing, and exchanged by approved means, such as via Our Family Wizard. The discussions should remain factual and on topic; with neither parent attacking the other one, nor questioning the motives or decision-making abilities of the other parent.

From my experience, however, when the high-conflict includes some degree of attempted Parental Alienation, or on-going Family Violence, parents are typically unable to make even these important decisions for their children in a respectful manner. In those cases, it is better if either one (1) parent is assigned to each of the decisions to be made (it may be the same parent for all decisions, or they may be split between the parents, in some manner); or, a tie-breaking system (which I intend to discuss in more depth in a later blog post) is implemented. In cases where one (1) parent makes decisions, after those decisions are made, the parent who made the decision will be ordered to timely notify the other parent of the decision, within a specified time frame.

Parents who use Parallel Parenting rarely need to ever see one another outside of their children’s school or extracurricular activities. Exchanges are typically done by dropping-off the child at school (or daycare), when in session; and, at some other public place, without speaking to one another, when not in session. When one parent drops-off a child at school or daycare in the morning, and the other picks-up that child in the afternoon or evening, these parents don’t have to even encounter one another. And, when exchanges are done in silence, at a public place, their contact with one another is intentionally brief. With other people around, the likelihood of conflict occurring between the parents is significantly reduced.

As the divorce or other separation of the parents from one another becomes less recent, many parents find that they are able to interact respectfully with one another. And so, in those instances, the strict procedures for interactions and communications with one another become less necessary. But, for some parents, the intensity of the conflict remains; as if, one or both of these parents has decided to make fighting with the other parent, a theme of their remaining years on this planet (This seems to often be the case with narcissists, psychopaths, Machiavellians, and sadists—the so-called “Dark Triad.”) With these parents, the Parallel Parenting can continue until the children are adults.

Children deserve to be loved, protected, and nurtured. They, also, deserve to have quality relationships with both of their parents, so long as each parent can move beyond any emotion lingering from the divorce or other break-up, and can parent in a manner that is in the best interest of their child(ren). For some adults, Parallel Parenting provides a reasonable choice to allow those things to happen.

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Dealing with a High-Conflict Ex (Step 1)

It is well established that healthy parents provide stability to their families. As children grow, learn, and work to figure-out how to be and thrive in this world, they derive security from parental love, support and protection. That security allows them to develop as they should. And, even if their parents do not live together, children tend to thrive if they feel that both parents are still there for them.

On the other hand, we know from numerous studies that Parental Conflict can be a source of continual pain for our children — whether the parents are married or divorced. According to Larry M. Friedberg, Ph.D., “enduring conflict between divorcing parents is one the most significant risk factors for children of divorce.” And, such conflict, which may include one or more incidences of domestic violence, is considerably more likely to occur at or near the time of divorce.

As you might expect, in most of those cases, the conflict significantly declines during the 1 to 3 years immediately after divorce or separation. But, according to Judith Wallerstein, Ph.D., in a surprisingly large percentage of those case (10-25%), conflict remains elevated even after 3 years have lapsed since the divorce or separation occurred. The kids in those families are the ones at greater risk. The first step in working effectively with them is the topic of this writing. Other steps will be discussed in later posts.

It used to be thought that shared parenting was harmful to children when there was on-going high-conflict between the children’s parents. The yelling, name-calling, and unfriendly behaviors between the parents traumatize the children, to a greater or lesser extent, each time that they are experienced. Edward Kruk, Ph.D. notes, however, that recent observations of high-conflict families reveals that reducing the contacts that each parent has with the other one reduces negative effects experienced by their children. And, with that negativity reduced, children often benefit from shared parenting.

Accordingly, parental contact with children should not be reduced simply because there exists high-conflict between those children’s parents. In fact, everything else being equal, such contact is usually beneficial to children. Rather, the contact between the parents should be reduced and/or regulated. One example of this is having exchanges of the child occur at the child’s school, daycare facility, or other neutral, public place. Another one is having the court Order that all communications between the parents (except in the case of an emergency) occur only via court-ordered means, such as via Our Family Wizard—a program which allows the court to easily review those communications, if requested by a parent to do so).

Importantly, those ideas do not apply where there is more than merely high-conflict occurring, such as where there is violence (used or threatened against a parent), or when Parental Alienation is occurring. Both of those occurrences are treated as child abuse. In those cases, other measures are typically called for. I have written on Parental Alienation and Legal Protections Available for Family Violence. Neither of those should be dismissed nor minimized, since each of them can have devastating impacts on children, as well as the victimized parents.

Children need to have relationships with two healthy parents. Barring that, they, at least, need to be protected from unhealthy interactions between their parents.

 In our next post, we will discuss other beneficial steps to take when dealing with a high-conflict parent.

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Legal Protections for Family Violence (Part 1)

Sadly, Family Violence occurs far too often in Texas (as well as worldwide). According to the Texas Council on Family Violence, 158 women were killed by a male intimate partner in 2015; and, shockingly, 1 in 3 Texans will experience domestic violence in their lifetimes. If you are one of these victims, then please contact a helping organization such as Denton County Friends of the Family or the Department of Texas Health and Human Services’ Family Violence Program for 24-hour help, including emergency shelter services.

Temporary Emergency (Magistrate’s) Order

The purpose of the magistrate’s order is to prevent the defendant from inflicting further harm on the victim after an arrested person is released from confinement, but before a higher court has considered an application for a Protective Order. Under Texas law, a Magistrate can issue one of these emergency orders after a perpetrator has been arrested for certain crimes involving Family Violence, stalking, or sexual assault. The order can issue on the magistrate’s own motion or upon the request of the: • victim; • victim’s guardian; • a peace officer; or • the state’s attorney. If issued by the Magistrate, the order will last from 31-61 days, unless a weapon was used, in which case it can be in effect for 91 days. While those periods of time are short, they should be long enough to allow the victim to seek a longer-lasting Protective Order from a higher court.

These emergency Protective Orders have some advantages over the other available Protective Orders: for instance, a hearing is not required before this emergency order can issue; it does not require the defendant and the victim to have any specific kind of relationship with one another (and so, can be issued to protect the victim from a stranger); and, it is issued before the defendant is released from jail. With this type of Protective Order issued, the victim then has an opportunity to seek additional Protective Orders, one of which is discussed below, while the Magistrate’s Order is in effect; thus, providing the victim with some immediate protection.

Temporary Ex Parte Protective Order (issued by District Courts & some County Courts)

A victim may file an application seeking this type of order. This is usually done by an attorney retained by the victim, or by the local District Attorney’s Office. Unlike the emergency order discussed above, this order does not require that an arrest has been made.

The Application for Temporary Ex Parte Protective Order is sworn to (like an affidavit of fact), filed with the appropriate clerk, and then presented in person or by attorney to the Judge presiding over the court in which the application pends. Then, “If the court finds from the information contained in an application for a protective order that there is a clear and present danger of family violence, the court, without further notice to the individual alleged to have committed family violence and without a hearing, may enter a Temporary Ex Parte order for the protection of the applicant or any other member of the family or household of the applicant.” TFC sec. 83.001. That order “may direct a respondent to do or refrain from doing specified acts.” Ibid.

This type of order may, in certain circumstances, provide for the removal of the target from a residence. This order is good for only twenty (20) days, although it might be extended once for a period of time not to exceed twenty additional days. It is intended to offer protection to the applicant until an adversarial hearing can be had by the court during that twenty-day period of time. The adversarial hearing is one in which the target of the Temporary Ex Parte Protective Order is given proper notice of the hearing, and is allowed to oppose the entry of a longer Protective Order, by testifying, calling witnesses, and entering other evidence and argument. This hearing will be discussed in Part 2 of this subject, in a later blog post.

For too long, the plague of Family Violence has not been properly addressed by society. It is now treated by law enforcement and our judicial system as the criminal behavior that it truly is. As more victims come forward for protection and justice, this trend should continue. The days of remaining silent to this scourge are gone.

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CPS Is Investigating Me: What Do I Need to Do?

According to the most recent statistics available, approximately 3,200,000 children are investigated each year by the various Child Protective Services agencies operating within the United States of America. Of course, not all of those investigations result in findings of abuse or neglect. And, while no one who has been through that experience would call it “enjoyable,” we, unfortunately, have no system of investigating child abuse or neglect which is perfect at avoiding putting innocent parents through such investigations.

The purpose of this writing is to lay-out some ideas on what you can do if you find yourself being investigated by CPS.

The first thing to do is to remain calm. This lets you converse intelligently with the CPS case investigator with whom you are dealing.

If at all possible, record the exchange with the CPS investigator, perhaps on your phone. That recording will allow everyone who may become involved in your case (such as any attorney appointed to represent your child, your attorney, the CASA representative assigned to your child, and the Judge or Jury) to see how the exchange took place. The goal is for you to look reasonable and appropriate.

If you are told that an abuse or neglect complaint has been filed regarding your child, politely ask for the details of the complaint—something beyond just a general statement that there has been an allegation of abuse or neglect—what conduct, specifically, was alleged? Who was alleged to have engaged in that conduct? When did the conduct in question allegedly occur? You may not be provided all of that information, but you are entitled to request it. And, if CPS appears on your recording to not be cooperating with you, then that may be used as evidence at any trial that may result from the investigation.

You do not have to speak with CPS before consulting with a lawyer. You can politely tell the investigator that you wish to speak with your lawyer before you speak with CPS. That is often a good idea, depending on the allegations that are being made against you.

If the investigator requests to see your child, then allow that to happen. But, stay present and (hopefully) record the interaction between your child and the investigator.

In Texas, CPS will typically interview a child who is alleged to have been abused or neglected, and who is old enough to communicate intelligibly. That interview will be recorded. It is best to not coach your child about what to say, prior to that interview. The child’s statements should be natural and genuine.

It is important that you have legal representation if the process continues beyond this point. If CPS asks you to agree to allow your child to live somewhere else for a while, or if CPS tries to have your child removed from you without your agreement, then it is imperative that you speak with a lawyer in handling CPS cases right away, before you speak with CPS again, if possible.

CPS investigations are serious matters. I hope that this information has been helpful to you.
For more information regarding CPS cases, checkout “When can CPS Remove Your Child?

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