HIGH‐CONFLICT CUSTODY CASES:Reforming the System for Children

• DOI: http://doi.org/10.1111/j.174-1617.2001.tb00600.x
• Date: 01 April 2001
• Published date: 01 April 2001

HIGH-CONFLICT CUSTODY

CASES

Reforming the System

for

Children

Conference Report and Action Plan

Conference sponsored by the American Bar Association

Family Law Section and The Johnson Foundation

Wingspread Conference Center, Racine, Wisconsin

September

8-10,2000

The goal of

this

interdisciplinary, international conference was to develop recommenda-

tions for changes in the legal and mental health systems to reduce the impact of high-conflict

custody cases on children. The participants in the conference wish to thank the American Bar

Association Family Law Section and The Johnson Foundation for bringing us together to

discuss this extremely important topic and for facilitating the creation of this conference

report.

PREAMBLE

High-conflict custody cases seriously harm the children involved. Children caught in the

middle of high-conflict cases face perpetual emotional turmoil. They may become alienated

from a parent or be harmed by exposure to domestic violence. Children trapped in high-con-

flict custody disputes may be at greater

risk

for substance abuse and educational failure. In

addition, high-conflict custody cases drain court, family, and mental health resources; take

additional time; and create anxiety for all involved, from the legal and mental health profes-

sionals to the litigants and their families. Children suffer in an adversarial system that

declares winners and losers and does not provide adequate support mechanisms for the

parties.

High-conflict custody cases are marked by a lack of trust between the parents, a high level

of anger and a willingness to engage in repetitive litigation. High-conflict custody cases can

emanate from any (or all) of the participants in a custody dispute-parents who have not

managed their conflict responsibly; attorneys whose representation of their clients adds

additional and unnecessary conflict to the proceedings; mental health professionals whose

interaction with parents, children, attorneys, or the court system exacerbates the conflict; or

court systems in which procedures, delays, or errors cause unfairness, frustration, or facili-

tate the continuation of the conflict. High-conflict cases can arise when parents, attorneys, or

mental health professionals become invested in the conflict or when parents

are

in a dysfunc-

tional relationship, have mental disorders, are engaged in criminal or quasi-criminal conduct

or substance abuse, or there

are

allegations of domestic violence or child abuse or neglect.

Family law is unique. Unlike cases in which the litigants never see each other after the

judge or jury makes a decision, cases involving custody of children are never final and can

Note:

The conference reporter

was

Sarah

H.

Ramsey,

and thejinal report was submined

on

November

1.2000.

For

additional information or to comment

on

the Report, contact the conference organizer; Linda

H.

Elrod,

or the

reporter (contact information is included in

the

list

of

participants).

0

2001

Sage

Publications,

Inc.

FAMILY COURT

REVIEW,

Vol.

39

NO.

2.

April

2001 146-157

146