Interventions for Parental Alienation in Australia: Family Bridges Workshop and After Care Protocol
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Re-integrating children who have been alienated and/or psychologically abused or maltreated presents major challenges for the family law jurisdiction in Australia. Alienated/psychologically abused children may have been 'over counselled', subjected to family therapies that reinforce their alienation or are otherwise resistant to conventional approaches. Family Bridges Workshop for Alienated Children and Families (FBAC) offers an educational approach that together with the After Care Protocol for the formerly favoured-alienating parent offers the child the best chance of a relationship with both parents.
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Interventions for Parental Alienation in Australia: Family Bridges Workshop and After Care Protocol
- 1. Evidence Based Intervention for Severe Parental Alienation in Australia Parent-Child Remediation-Family Bridges Methodology for Alienated Children and Families (FBAC) and After Care Protocol (ACP) for Favoured/Alienating Parents Stan Korosi, Margaret Cherubino 9/04/2019 © SK, MC, 2018, Not to be used without permission 1
- 2. The Family Court & Family Bridges Legal Representation Family Court Process Independent Child Lawyer Single Expert Witness Trial & Judgement 9/04/2019 © SK, MC, 2018, Not to be used without permission 2
- 3. Legal Representation • Obtain Legal Advice & Representation • Determination if the case is suitable for Family Bridges • Provision for Family Court Orders – Family Bridges 9/04/2019 © SK, MC, 2018, Not to be used without permission 3
- 4. Family Court Process Primary Dispute Resolution Or Exemption Family Court Judiciary & Family Consultant ICL – Family Report & SEW Parenting Orders Interim & Final Hearings & Trial 9/04/2019 © SK, MC, 2018, Not to be used without permission 4
- 5. Independent Child Lawyer • Is there a legitimate case for an Independent Child Lawyer to be appointed? Family Violence & Abuse Mental Health Drugs & Alcohol 9/04/2019 © SK, MC, 2018, Not to be used without permission 5
- 6. Single Expert Witness Single Expert Report Choice of Single Expert Witness Process of Interview & Observation Documents Evidence of PA 9/04/2019 © SK, MC, 2018, Not to be used without permission 6
- 7. Trial & Judgement Evidence of Severe PA • Child Psychological Abuse Judgement for Appropriate Intervention Family Bridges 9/04/2019 © SK, MC, 2018, Not to be used without permission 7
- 8. PA in Australia: Common factors & issues for FBAC 9/04/2019 8 • Hybridisation of PA with realistic estrangement • Claims that the term ‘parental alienation’ is contentious • Claims that there is no expert consensus on the evidence for PA or for PA interventions • Claims that the quality of available PA research inadequate for judicial determination • Lack of adequate evidence based distinction between mild, moderate and severe alienation • A focus on Child Psychological Abuse/Maltreatment • The APSAC handbook on child maltreatment, 2018 © SK, MC, 2018, Not to be used without permission
- 9. PA in Australia: Common factors & issues for FBAC 9/04/2019 9 • Differing level of understanding of PA amongst SEW • Emphasis on relational-systemic, multi-dimensional PA that implicates the targeted parent | • Targeted parents must rebut claims of being UNSAFE, UNLOVING, UNAVAILABLE and UNNECESSARY’ • PA does not trigger the rebuttal of shared care (S60CC)-in contrast to FV • Functional description of PA as an example of FV in S4AB • “(i) preventing the family member from making or keeping connections with his or her family, friends or culture;… ” • Human rights of the child to have a relationship with both parents • UN. (1989). United Nations Human Rights: Convention on The Rights of the Child, Vol. 157, p. 3 © SK, MC, 2018, Not to be used without permission
- 10. Intervention Programs 9/04/2019 10 • FBAC (Family Bridges for Alienated Children) • Preferred reportable post-trial intervention • Since 2005-most researched • Empirical research informs the specific content of the four-day educational program. • Warshak, R.A (2010, 2014). • International program and support: trained facilitators in Australia, South Africa, Canada, USA • ACP (After Care Protocol) for formerly favoured/alienating parents © SK, MC, 2018, Not to be used without permission
- 11. FBAC/ACP Prerequisites 9/04/2019 © SK, MC, 2018, Not to be used without permission 11 • ✅ When the family court orders that a child’s best interests are served by restoring a relationship between an alienated/psychologically abused child and their targeted parent AND • Where the only realistic means is by changing parental responsibility and care to the targeted parent • Applies to Child Psychological Abuse/Maltreatment (The APSAC handbook on child maltreatment, 2018) • ✅ When children demonstrate markers of severe alienation • ✅ When the favoured/alienating parent is severely compromised, unresponsive or resistant • ✅ Where the targeted parent is viable and competent • ✅ When there is no time/opportunity to intervene if a reunification fails-FINAL ORDERS! • ✅ When there has been a history of failed reunifications
- 12. FBAC Safe transition to FBAC 4 day program TP and Children FBAC consolidation 5-7 day consolidation 'holiday' TP and children immediately after FBAC FBAC completes, follow up as required. Exclusion period Minimum 90 days Contemporaneous with FBAC ACP for FP Stand alone process-FP only Independent of FBAC Reportable Transition Supervised time with FP Unsupervised time with FP Parallel parenting •Parental responsibility and primary care remains with TP 9/04/2019 © SK, MC, 2018, Not to be used without permission 12Warshak, RA 2010, 2014
- 13. Family Bridges (FBAC) Key Success Factors 9/04/2019 © SK, MC, 2018, Not to be used without permission 13 • Facilitates empathy, connection, between alienated children/adolescents and targeted parents. • Facilitates ability to engage in reflective and independent thinking, understand the logical connections between ideas. • Facilitates families to adjust to court orders that bring children and their rejected parent together • A structured, four-day, educational and experiential program EDUCATIONAL SAFE TRANSITION REACTIVATES EMPATHY REACTIVATES CRITICAL THINKING Warshak, RA 2010, 2014
- 14. ACP: Parallel Psycho-educational Process • Reflect to their children their empathic appreciation of the adverse impact of their behaviour upon them • Demonstrate a pattern of behaviour change • Demonstrate an understanding of the family configuration now ordered. Engage with the principles of parallel parenting • Demonstrate an understanding of their behaviour as alienating and harmful, however well intentioned Understand Engage Reflect Change Behaviour 9/04/2019 © SK, MC, 2018, Not to be used without permission 14
Hinweis der Redaktion
- Margaret - Slide 2 and 3 The Family Court & Family Bridges It is important to gain an understanding of how the Family Bridges works in conjunction with the Family Court and Legal Processes. At times we have had enquiries from individuals who do not understand the process and extent of steps required for the Family Bridges to be considered. We as facilitators for the Family Bridges in Australia have a duty to ensure that the integrity of the program is not compromised by short cutting the process and the manner in which its success is best achieved. This then requires the assistance of the legal system and processes to bring about the opportunity for the greatest success. Prior to considering undertaking a legal process to have the Family Bridges considered in any matter an individual needs to engage with the Family Bridges coordinator in Australia – Mr Stan Korosi. At times if it represents a conflict of interest for Stan then one of the facilitators may be involved. This is the commencement of the process. Mr Korosi will undertake an assessment of the matter to determine if the Family Bridges is the best program for the situation. Assuming it is determined that the Family Bridges is the only suitable program, then Legal Representation is required. The Family Court process then begins, which includes case assessment conferences, child dispute resolution conferences, hearings, appointment of an ICL and SEW and in cases involving the Family Bridges a likely trial and judgement. It should be noted that individuals may also go through family counselling as part of the overall process.
- Margaret - Choose Legal Practitioner who has some understanding of PA Engage with Stan Korosi in Australia to determine if the case is suitable Provision Family Court Orders – Comprehensive and tested Legal advice You should seek legal advice before deciding what to do. A lawyer can help you understand your legal rights and responsibilities, and explain how the law applies to your case. A lawyer can also help you reach an agreement with the other party without going to court. You can seek legal advice from a: legal aid office community legal centre, or private law firm.
- Margaret - What applications are exempt? Unless there are good reasons for not doing so, all prospective parties are expected to have followed the pre-action procedures before filing an application to start a case in the Family Court. The circumstances in which the Court may accept that it is not possible or appropriate for the pre-action procedures to be followed in cases: involving urgency involving allegations of child abuse or risk of abuse involving allegations of family violence or risk of family violence where there is a genuinely intractable dispute (for example, where one person refuses to negotiate) or where a person would be unduly prejudiced or adversely affected if another person became aware of the intention to start a case (for example, where there is a genuine concern that the other person will attempt to defeat your application if he/she has this prior knowledge). These are not the only circumstances where there may be good reasons for not following the pre-action procedures. If you are relying on some other reason, think about whether you can justify it as a ‘good reason’. You may be called upon to do so if court action is commenced and the procedures have not been followed.
- Margaret - Currently there appears to be a somewhat limited understanding regarding PA. Some of the judiciary do understand, but based on PA alone it is unlikely that an ICL would be appointed. An ICL is usually appointed by the court upon application by one of the parties where one or more of the following circumstances exist: there are allegations of abuse or neglect in relation to the children there is a high level of conflict and dispute between the parents there are allegations made as to the views of the children and the children are of a mature age to express their views there are allegations of family violence serious mental health issues exist in relation to one or both of the parents or children, and/or there are difficult and complex issues involved in the matter. What is the role of an ICL? ICL’s are obliged to consider the views of the child, but ultimately provide their own, independent perspective about what arrangements or decisions are in the child’s best interests. Their main roles include: arranging for necessary evidence, including expert evidence, to be obtained and put before the court facilitating the participation of the child in the proceedings in a manner which reflects the age and maturity of the child and the nature of the case acting as an honest broker between the child and the parents and facilitating settlement negotiations where appropriate What information does an ICL consider to determine what is in the children’s best interests? The ICL may: meet with the children. This is usually the case, unless the child is under school age, or there are exceptional circumstances speak to the children’s counsellors, school teachers and principals examine documents from organisations such as schools, Department of Family and Community Services, the Police, and medical, psychiatric and psychological records of the children and their parents; question witnesses, including parents and experts, at the final hearing; arrange for a family report from a family consultant. What is a family report and do I need one? The ICL may arrange for a family report if required. The family report is a written report which is prepared by a family consultant who is appointed by the Court. It provides an independent assessment of the issues in the case and can help the judge hearing the case to make decisions about arrangements for the child/ren. It may also help reach agreement. For more information about family reports about the family, see the Family Reports fact sheet.
- Margaret - Choosing a Single Expert Witness – imperative that this be an individual who has knowledge in this area The interviews and observations will tell the story The documents provided will also provide some support – in addition is there sufficient information contained therein to provide a basis for Family Bridges, i.e. Severe Alienation and Is there evidence of PA – if so how is the documented in the SEW report Expert witnesses As part of the pre-action procedure, you or the other parties may require that information be sought from an expert witness. There are strict rules about instructing and obtaining reports from an expert. In summary: An expert must be instructed in writing and must be fully informed of his or her obligations. Where possible parties should seek to retain an expert on an issue only where an expert’s evidence is necessary to resolve the dispute. Where practicable, parties should agree to obtain a report from a single expert instructed by both parties. If separate expert reports are obtained, the Court requires the reports to be exchanged.
- Margaret - In order for Family Bridges to be considered. Evidence of Severe PA must be deemed as significant, when this exists the intervention is then considered. Provision for the Family Court Orders. This is a lengthy and complex process - it can be over many years before this point is achieved. Subsequently it can be a significant period between Family Bridges is ordered and when contact with the children has ceased. One of the difficulties as an individual working is this area is the frustration regarding the overall minimal knowledge regarding PA that those within the Family Court and Child Protection filed have. There is some concern that the lack of understanding in relation To the complexity has led to interventions that are not suitable being considered in the case of severe PA.
- Stan
- Stan
- Stan - Mandatory exclusion period (90 days) between alienated child and favoured parent Now will quickly cover constructive intervention programs that operate and the family Court mandates in the US, Canada and soon in Australia. I am one of three trained facilitators of this program in Australia in Australia At least one of these programs has been running for quite some time and has been well research for efficacy. They all share the following common factors: They are residential programs They are mandated programs and the child’s attendance is enforced The court mandate usually involves a change in parental responsibility and residence Released to these programs there is an enforced exclusion between the favoured parent and the alienated child. Where there is enforced exclusion, there is an after-care program that facilitates a different relationship between formally alienating parent and child The alienated child and the rejected parent are always brought together Overcoming Boundaries (USA) Voluntary No exclusion period Family Reflections Reconciliation program (FRRP) (Canada), Reay. K Analogous to FBAC Since 2012 Efficacy study Intervention (Australia) Family Bridges (FBAC) trained facilitators/leaders Court ordered reportable therapy Joan Kelly, a leading authority on divorce, notes: the scientific basis for Family Bridges incorporating relevant social science research . Evidence-based instruction/education principles guided the methodology of the Family Bridges Workshop. Empirical research informs the specific content of the four-day educational program.106 Warshak, R.A (2014). Parental Alienation: What it is; How to Manage it. University of Texas School of Law. American Academy of Matrimonial Lawyers (Texas Chapter). Innovations ;Breaking Boundaries in Custody Litigation. 12-13 June 2014. Dallas, Texas. USA.
- Stan - The children will be harmed by remaining with the favoured parent extreme withdrawal, gross contempt, loss of ambivalence and other Placing the child in the care/responsibility of a rejected parent, and Suspending contact for a period of time with the other parent. move beyond the past to more rewarding relationships with both When children reject a parent after separation/divorce, and who refuse or resist contact with a parent, or whose contact with a parent is characterized either by extreme withdrawal or gross contempt, represent one of the greatest challenges facing courts, divorced families, and the professionals who serve them. Family Bridges was designed to help families whom courts and therapists have traditionally viewed as beyond help. Led by a team of two professionals, Family Bridges offers a safe and secure environment that gives participants, in four consecutive days, what they need to restore a normal relationship. Beyond reconnecting children with their parents, the program teaches children how to think critically and how to maintain balanced, realistic, and compassionate views of both parents. The program also helps children develop skills to resist outside pressures that can lead them to act against their judgment-a valuable lesson for teens. Parents learn how to sensitively manage their children's behavior, and the family learns tools to effectively communicate and manage conflicts. Family Bridges is one option to consider for a family in which a child's view of a parent and other relatives is unrealistic, the child refuses contact with a parent or shows extreme reluctance to spend time with that parent, and the family needs help adjusting to court orders that place the child in the sole custody of the rejected parent and suspend contact between the child and the other parent until specified conditions are met. Courts make such orders in cases where the evidence demonstrates that the rejected parent is better suited to meet the child's needs and that the child's contact with the favored parent will make it more difficult for the child to repair the damaged relationship. Family Bridges may also be appropriate to consider in situations where a child’s relationship with a parent is damaged to a less severe degree, but the child’s negative attitudes and behavior toward the parent are not a reasonable and proportionate response to that parent’s behavior toward the child.
- Stan
- Stan - Suspended contact with the favored parent for an extended period. using best practice ‘anti-alienation’ authoritative-collaborative-facilitative parenting strategies (?) “Is a structured, four-day, educational and experiential program that helps families make a safe transition and adjust to court orders that bring children and their rejected parent together and suspend contact with the favored parent for an extended period. ….draws on developmental psychology and neurobiology to emphasize the importance of providing children and adolescents with experiences that facilitate empathy, connection, and wellness: “…Along these lines, Family Bridges helps children re-create their identity as persons who can give and receive love from two parents, gives them the experience of relating benevolently to the formerly rejected parent, gives them a face-saving way to correct cognitive distortions, and shows them how to move beyond the past to more rewarding relationships with both parents.” Warshak, R.A (2014). Parental Alienation: What it is; How to Manage it. University of Texas School of Law. American Academy of Matrimonial Lawyers (Texas Chapter). Innovations ;Breaking Boundaries in Custody Litigation. 12-13 June 2014. Dallas, Texas. USA.
- Stan - Demonstrate an understanding of their behaviour as alienating and harmful, however well intentioned Demonstrate an understanding of the family configuration now ordered. Engage with the principles of parallel parenting Reflect to their children their empathic appreciation of the adverse impact of their behaviour upon them Demonstrate a pattern of behaviour change