The provision and evaluation of custody is crucial in cases of disputed cases, but clients usually pass sessions without basic knowledge of the process and expected from them, and often with inflexible positions regarding guardians. Family lawyers, therapists and caregivers can help clients break out of entrenched positions, evaluate their goals and develop a child-centered parenting plan that will receive them through the mediation and assessment process and will contribute to the best interests of their children.
DRESSES REHEARSAL
Many custody disputes are resolved through mediation, whether attached to a court or private practice. Mediation can also be a dress rehearsal for assessing child custody, because if the case is not resolved in mediation, the assessment process can be as follows.
The task of the mediator is to reduce irritability and force the parties to agree on a care and education schedule that is in the best interests of the children. With the mediation, the current circumstances of the parties are of paramount importance, although the history of education is also significant. Although some court systems have written policies that allow “extended” mediation, often a mediation meeting is a one-time appointment that lasts no more than 90 minutes, so there is no time to go into the client’s past in depth. Private practice settings offer greater flexibility and less temporary pressure, but the fundamentals of both types of mediation settings are the same.
Unlike mediation, large image information is always used in evaluation. For preparation purposes, both current circumstances and past history are valuable. You can help your clients organize their source information and, more importantly, develop a more objective point of view on their case, creating an overview of the relationship and conducting important events in the parties. and children live on several thematic timelines.
Relationship lines include when parents met, when parents became serious, when parents began to live together, when parents got married, when parents first separated, the total number of separations, the date of the last separation, and when and when couples or family counseling ever done. In the time line for parents, ask: what was the share of each parent for storage during the first six months after separation? From the six-month mark to the end of the first year after the split? Were there significant changes in the amount of time each parent was detained for the next two years? What is the current parental plan that parents use?
In the personal time line, ask: are the children-grandparents living or dead, married or not? If you live where grandmothers and grandfathers live, and are they part of the life of children? How many brothers and sisters does a client have, and what are his or her relationships historically and now with brothers and sisters? What is the contact between the client and the extended family and how often? In short, what was the life of a client, for example, from birth to 12 years? 12 to 18? 18 to 30? What is the client's learning history? What is the history of the client? What is the current situation with the client, including all household members? If there are minor children other than those in question, what are the deprivation of liberty measures for these children? What is the history of the client’s illness and alcohol, including DUI and hospitals, if any? What is the client's domestic abuse history? Who was the client at the time?
There are certain red flags that middlemen and appraisers are looking for; discuss them with your client in advance. Call up his or her version of the time bar and ask, while the other parent may see the time line and relationship differently. Your client's ability to see the situation from the perspective of the other parent is an important part to start testing his or her ability to cope with the reality of the situation and learn to live constructively with it.
Red flags that often appear in parents; timelines include: a variety of ideas about existing parental plans; different dates, in particular the date when the relationship became serious; identification to identify the alarming aspects of the relationship, even in retrospect, especially if the same dynamic is present today; glossing or firing from a traumatic story; and the ability to position the situation in perspective, recognizing unresolved problems from childhood or family of origin.
Never forget and never let your clients forget that the idea of yourself as reasonable, clearly formulated and flexible parents is essential for success in mediation and evaluation, as well as in the implementation of this parenting plan. So remind clients of working with an intermediary, to be honest, and focus on the best interests of the children through mediation. Remind them that they will better understand their point of view if they do not interrupt, scream or cry. Tell them that strong feelings may arise: anger, despair, or fear. And remind them that they must speak for themselves, although a lawyer is regularly present mediated in some districts, in accordance with local rules and practice.
The framework of the customs conflict in terms of an angel and the devil is unproductive, unrealistic and contradictory. If your clients are stuck in this regard, remind them that without such dynamics you can document, claiming that they will most likely work against them in the end and create the impression that they are emotionally out of control. Worse, your clients are at risk of abuse of tax-supported services. A client who does not consistently help this concept or who remains in the past should be referred to a mental health professional.
GUY PLAN
Obviously, the actual proposal of the parenting plan is very important. Although the client should request as much time for education as possible, you should help the client create three or four possible plans, starting with the best scenario and ending with a backup plan that is “a nightmare with which the client can live”. Think of an efficiency plan, perhaps starting with a smaller one than your client could use, but over time worked with a more desirable plan. Take into account the overall developmental stage of each child and consider having your client consult with a child psychologist to discuss what may be appropriate. List the names of providers of training courses for parents or other resources to improve parenting skills.
Red flags in the area of parental proposals include: plans that are not sufficiently thought out or do not recognize the realities of their lifestyle; plans that do not take into account the child’s point of view and developmental needs; or plans that are not based on reality, for example, starting parental duties at 3:00 pm, when the parent usually works until 6:00 pm without providing childcare.
Ultimately, your client will be asked about his or her concerns regarding the other parent or the proposed parenting plan. Find out about these issues in advance and help your client make a list. Make sure the client is present and includes only the past as a prelude to the present. Borrowing the past is a definite warning sign, especially if the other spouse stopped drinking or otherwise worked to improve the problems. List or explain how the other parent can reduce the problems of your client. Then learn what the other parent can affect as caring for your client's parent or parent plan, and how your client can solve these problems. List the relevant skills that your client has done or wants to do, such as parenting lessons or anger treatment therapy.
Problems with the red flag, which arise in the preparation of a parenting plan, include: negative attitudes, especially those unable to recognize any positive qualities from the other parent; arguing that the other parent can do little or nothing to repair the damage; lack of perspective regarding the client’s own role in the conflict; and sees no place for improvement by any of the parents.
EVALUATION
You will need to prepare your client to visit the home of the appraiser. Before visiting, perform a security check and make the necessary adjustments. The house should not be perfect, but the sheets should be on the beds. Smells from cigarettes, litter, pets and diapers should be kept to a minimum. A large variety of fresh and healthy food should be in the refrigerator and cupboards. Everyone who lives in the house must be present at the interview. Anyone who frequently visits the house may be there at the beginning, but should also be ready to leave about ten minutes after the appraiser arrives.
The television should be turned off as soon as the appraiser arrives. The evaluator should not offer anything except a glass of water. Let the evaluator choose where to sit and where to talk with family members individually and as a group. Inform the appraiser in advance if you must first see a family member because of work or school participation.
RECOMMENDATIONS
When an appraiser asks for contractual references (sometimes called a witness list to check custody), usually during the first or direct interview with the appraiser, your client should be prepared with names, addresses, phone numbers and email addresses, as well as the best time their achievements. You may want to talk with the recommendations in advance so as not to train the contract, but to make sure that they can, with a clear conscience, say positive points about your client's parental position and that they have had enough contact with your client for a reasonable comment, put the link in time to give the appraiser some perspective on when and how long this link knows the family. Select links, including family members, whose observations can confirm the history of the parent plan, as well as the good character of the parent. Finally, minimize problems with bilateral links, including: dates in documents that come from parents that differ from dates in the same document that comes from the link; and links that do not support backup copies of parent statements that barely know the parent or have not seen that he or she is a parent.
AFTER EVALUATION
The appraiser's report is usually sent to the parties. lawyers or parties if they are professionally or professionally, and in some court systems they also file a lawsuit. As a rule, if there is no agreement, it will be used as evidence at the hearing and, although it is not binding on the court in most jurisdictions, the report is extremely influential in the final decision of the custodian. Often, appraiser recommendations are taken verbatim. The parties may object to the content of the appraiser's report when it is brought before the court, and even provide other evidence or review the evaluator if the case is considered, but this is a hard battle to convince the judge to ignore the report.
Many courts and appraisers provide for a post-meeting or conference on settlement issues among the parties, their lawyers and the appraiser. Even if it is not proposed, it is worth asking for the conference after the evaluation, because it gives everyone the opportunity to hear the evaluation results before it is handed over on paper and will give both parents the opportunity and incentive to return to negotiations or mediation and settle. This can save money, since there is no need to pay a written assessment report if the matter is resolved quickly before a written report is required. Let the appraiser know that you are interested in using this service as soon as the appraiser made the last visit or research on this case, because most appraisers start a written report as soon as possible.
SPECIAL CONSIDERATIONS
In matters of detention, most courts consider the health, safety and well-being of the child; the nature and number of contacts with both parents; any history of child abuse by relatives or any caretaker; and any charges against any maternal or alcohol abuse, as well as other factors related to the best interests of the child. It is generally believed that it is in the best interest of the child to maintain close contact with both parents, as well as with siblings and other close relationships. Most courts will consider the wishes of the child if the child “has a sufficient age and the ability to reason in order to form reasonable preferences regarding detention.”
Usually, courts encourage settlement in which parents provide for the organization of detention without judicial investigation or intervention. In most jurisdictions, there is a presumption in favor of joint detention. But the court will consider the situation, even when a settlement occurs, if the court finds out about confirmed cases of domestic violence or substance abuse or other factors causing obvious concern. For example, in California, a judicial inquiry into domestic violence over the past five years also creates a presumption against a co-operative or sole guardian by the perpetrator who can be refuted due to the prevalence of evidence.
Therefore, if your client’s background includes unflattering elements, it may be important to find out if the case is in jurisdiction, where the mediator will make recommendations for storage to the court if the parties do not agree. This is called non-confidential mediation. On the contrary, with the help of a private mediator or in “confidential” jurisprudence, the mediator does not inform the court, except to report disagreement. Although the case may still proceed to evaluation, confidential mediation allows the client to rethink or solve the problems of the other parent.
There are some important confidentiality exceptions even in confidential mediation. Therapists, mediators, and other officials may be required to report child abuse or children's threats to child protection services. Therapists and mediators may have to ignore the existence of death threats or personal injury. Allegations of sexual abuse or neglect, if committed during the child custody process, are largely evaluated, and sanction the prosecutor if the allegations are considered false. And the court or mediator may recommend the appointment of a lawyer for minors or appropriate restraining orders.
In cases of domestic violence, the victim-client is often free to mediate permission. However, intermediary services and evaluations that can be adapted to the parties are usually available. needs; for example, through separate sessions and other precautions. If a client wants to participate in a joint meeting, which can be very useful to strategically reveal the truth about the relationship, he can also request the presence of a lawyer or support.
When the mental health of a party is questioned, the party may be examined by a qualified professional for detection purposes. Although participation in therapy does not need to be disclosed through mediation, it is usually interpreted as a positive fact about the client. Your client’s commitment to the therapist’s treatment plan and treatment guidelines may work in his favor. In some court decisions, the court may also order parents and children to participate in outpatient counseling.
Solid preparation goes a long way to success in mediating and evaluating disputed custody issues. A well-trained client is also likely to be better because he or she is less nervous. These simple tips can help your client maximize their chances of success both in mediation and in evaluations.
