Friday, February 6, 2015 • 12:30 p.m. to 4:45 p.m.
Practical Applications of Intensive Interventions for Children Who Resist/Refuse Contact with a Parent (I3)
PresentersRobin Deutsch, Ph.D.
John Moran, Ph.D.
Comm. Marjorie Slabach (Ret.)
Matthew Sullivan, Ph.D.
Abstract:Intensive interventions that address a child’s rejection of a parent in high conflict cases are inaccessible to most families who are faced with this issue. A panel instrumental in the development of intensive interven-tions (family camp, intensive weekend interventions, equestrian and recreational approaches) will bring their extensive knowledge to assist legal and mental health professionals who work in their day-to-day practice with these difficult shared custody situations. With a focus on systemic assessment of the factors that contrib-ute to the child’s response, structuring efficient and effective interventions with individual family members and their relationships and coordinating Court and Mental health interventions will be addressed. a
Outline:1. Intensive interventions: Lessons learned from intake, intensive program work and aftercare for
Court-involved professionals
2. Practical approaches to working with the rejected parent, the favored parent and the child(ren) rejecting a parent
3. Co-parenting work – building a bridge for the child to re-connect with a rejected parent
4. Break
5. Coordinating Mental health interventions: treatment planning and management, addressing splitting
6. The role of the Court and legal professionals in supporting interventions
7. Q+A
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Child sResponse
Intense Marital Conflict
Divorce Conflict and Litigation
Aligned Professionals, Extended Families
Personality of Rejected Parent
Personality of Aligned Parent
HumiliatingSeparation
Child sVulnerability
Aligned Parent sNegative Beliefs, Behaviors
Rejected Parent sReactions
SiblingRelationships
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• Decrease child’s feelings of fear, anger, discomfort or anxiety towards the rejected parent
• Expand child’s and parents’ perspectives • Change child’s perception / feelings towards a
less polarized view of each parent • Reduce polarized views of each parent’s
contribution to the child’s resistance • Decrease parental conflict • Improve parenting skills • Improve parent alliance and working relationships • Improve parent-child relationships • Decrease parent-child conflict • Improve communication among all family
members
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AFCC California Chapter • 447
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Family Interventions When Children Resist Contact With A Parent Barbara Jo Fidler, Ph.D. & Tyler Sullivan & Robin Deutsch, Ph.D. AFCC Institute, May 28, 2014, Toronto
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FAMILY INTERVENTIONS WHEN CHILDREN RESIST CONTACT WITH A PARENT AFCC May 28, Toronto
Selections from Tool Kit
Examples of Interventions by Objective/Teaching Principle The following material (written, audio or audio-‐visual) is organized under a heading indicating the intervention objective or teaching principle. The material may be used with the family members in any combination, such as in a parent or child group, with parents individually, with co-‐parents, with whole family, with a single parent-‐child dyad, in group, camp, intensive or outpatient programs. Materials need to be screened for age appropriateness and suitability for each family member. Hope/Inspiration/Empathy/Compassion (may be used for icebreakers) Power of Words (1:47 min) Imagine – Emmanuel Kelly (8:25 min) Christian & the Lion (2:30 min) Bella & Tara (2:30 min) http://www.youtube.com/watch?v=cBtFTF2ii7U How to Get to Mars (6:32) Simple Gratitude – Louis Schwartzberg (9:55) TedxSF Metaphorical Stories (address feelings, hope, perspective taking) The Boy and the Tornado Unknown Author The Middle Wife Two Sets of Glasses Lessons from the Geese Social Conformity, Suggestibility, Mirror Neurons, Suggestibility, Emotions are Contagious Face the Rear (3:24 min): http://www.youtube.com/watch?v=HRFx7YU6eXE Solomon Asch Conformity Test http://www.youtube.com/watch?v=TYIh4MkcfJA Bystander Effect (3:36 min) http://www.youtube.com/watch?v=OSsPfbup0ac Stanley Milgram Experiment (5:59 min) http://www.youtube.com/watch?v=BcvSNg0HZwk Why is Yawning Contagious Contagious? (4:50 minutes) www.youtube.com/watch?v=IqG4G5Z02YQ
448 • www.afcc-ca.org
2015 AFCC-CA Annual Conference
Family Interventions When Children Resist Contact With A Parent Barbara Jo Fidler, Ph.D. & Tyler Sullivan & Robin Deutsch, Ph.D. AFCC Institute, May 28, 2014, Toronto
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Memory is Reconstructed & Fallible, Power of Language, Perceptual Errors, Power of Expectation Brian Bushwood (9 min): http://www.youtube.com/watch?v=bfhIuaD183I Elizabeth Loftus: False Memories Lost in a shopping mall -‐ www.youtube.com Loftus and Palmer: Auto Destruction (3:30 min) http://www.youtube.com/watch?v=8hwEUaOeuFQ Kissing Experiment (2:01 min) http://www.youtube.com/watch?v=hUZB7CM394w Multiple Perspective Taking, Selective Attention, Cognitive Distortions, Perceptual Errors Mixed Up Letters (slide) Optical Illusions (slides of a few) Awareness Test www.theinvisiblegorilla.com (5 min) Change Blindness http://www.youtube.com/watch?v=mAnKvofPs0 (5:60) Al Seckel: Your Mind's Eye www.YouTube.com Al Seckel www.illusionworks.com Everybody Loves Raymond – Can Opener (6.12 min) www.youtube.com/watch?v=XSQYydXVaQ0 Daniel Kahneman -‐ The Riddle of Experience & Memory (20 min) -‐ www.tedtv.com Joseph Hallinan-‐ Mistakes & Why We Make Them (8:50 min) http://www.youtube.com/watch?v=oxc0u-‐C0XEY Books For Kids: Madonna (2009). Mr. Peabody’s Apples Scieszka & Smith (1989). The True Story Of The 3 Little Pigs Impact of Separation on Adults, Loyalty Bind Friends: Monica’s Party (3 min) www.youtube.com/watch?v=D4zEqse0F2o W-‐5: Poisoned Minds (6.32 min) http://www.ctv.ca/w5/ Children’s Bill of Rights (2 min) www.youtube.com/watch?v=B0JZH_l16Nw Welcome Back, Pluto: Understanding, Preventing, and Overcoming Parental (DVD):
http://www.warshak.com/alienation/pluto-‐dvd-‐2.html Don’t Divorce Me (HBO) Parents develop a joint narrative about separation, goals for family, working together and deliver to children Books written by other kids about sep/divorce (Z. & E. Stern, 2008, Making Choice: Divorce is not the End of the World)
AFCC California Chapter • 449
Institute 3
Family Interventions When Children Resist Contact With A Parent Barbara Jo Fidler, Ph.D. & Tyler Sullivan & Robin Deutsch, Ph.D. AFCC Institute, May 28, 2014, Toronto
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Parent Education AFCC-‐Arizona – www.azafcc.org
o Co-‐Parenting Communication Guide (2011) o Parenting Communication Resources in High Conflict Cases
www.ourfamilywizard.com Eddy, BIFF (2011) -‐ www.highconflictinstitute.com Center on the Developing Mind -‐ developingchild.harvard.edu/ www.afccnet.org -‐ Resources for Families Benjamin Garber: www.healthyparent.com Isolina Ricci: www.theCoParentingToolkit.com Dan Siegel (wwwdrdansiegel.com; www.mindsight.com); Brainstorm; The Whole Brain Child www.cooperativeparentinginstitute.com Two Families Now – www.irised.com (4-‐6 hrs) www.breakthroughparenting.com (Jane Major) www.uptoparents.org Welcome Back Pluto (DVD-‐ Warshak & Otis; www.warshak.com) ourkidsnetwork.com (Halton Kids, Jean Clinton, Positive Parenting videos) Crossroads of Parenting & Divorce: 5 Steps to Prevent Divorce Abuse (Video & Discussion Program, Active Parenting (Publishers, Boyan & Termini, www.cooperativeparentinginstitute.com) www.cbc.ca/natureofthings/episode/surviving-‐the-‐teenage-‐brain.html Daniel Goleman, On Compassion - www.ted.com Brownstone, H. (2008). The Tug of War Harwick (2001). Dear Judge, Kids’ Letters to Judge Child Work Resources (to address feelings about separation/divorce, polarized thinking, impact of separation/divorce, critical thinking & problem solving skill development, etc.) www.lianalowenstein.com (Creative Interventions for Children of Divorce) www.cafcass.gov.uk/publications/our_work_with_children.aspx Pedro-‐Carroll-‐ Putting Children First, 2010 “I Don’t Want To Choose” www.amyjbaker.com Talking, Feeling & Doing Game (Gardner) The Ungame (Rhea Zakich) Show and Tell Cards for Play Therapists (Boyan) Through the Eyes of a Child (Termini) Welcome Back Pluto (Warshak & Otis -‐ www.warshak.com) Web-‐Based Education Tools for Kids
o Sesame Street – Little Children: Big Challenges Divorce Toolkit -‐ www.sesamestreet.org
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Family Interventions When Children Resist Contact With A Parent Barbara Jo Fidler, Ph.D. & Tyler Sullivan & Robin Deutsch, Ph.D. AFCC Institute, May 28, 2014, Toronto
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o Families Change – www.familieschange.com www.changeville.ca/#/helping-‐bc-‐kids-‐with-‐parental-‐divorce-‐or-‐separation
o CoD-‐CoD – Children of Divorce, Coping with Divorce – www.familytransitions-‐ptw.com)
Critical Thinking Exercises Problem Solving Exercises End of Camp/Intensive Rituals: -‐Affirmations & Hopes -‐Remember the Journey – Stone Ritual Recreational Activity Resources Extensive searchable listing of games/icebreakers: www.Playworks.org/playbook
See in particular: 4 square, wall ball, arena, ah-‐so-‐co, alligator swamp, wah!, ultimate ball
Great small group games/activities you can look-‐up/find online: ¥ Regular deck card games: spoons, war, detective ¥ Other card games for purchase: set, uno, phase 10 ¥ Board games: battleship, worst case survival game, telestrations, monopoly,
chutes and ladders, sorry, life (star ward edition), labyrinth, kids on stage ¥ Active: slack line
Other:
¥ Cooking (including grocery shopping) ¥ Hiking ¥ Walk with animals ¥ Ping-‐pong ¥ Playing catch ¥ Shooting hoops (H-‐O-‐R-‐S-‐E)
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BIBLIOGRAPHY Children Resisting Contact with a Parent: the Application of Intensive Residential
Interventions
CA-AFCC San Antonio 2014 Deutsch, Sullivan, Moran, Slabach
Association of Family & Conciliation Courts (AFCC). (2010). AFCC Task Force on Court
Involved Therapy. (2011). Guidelines for court-‐involved therapists. Family Court Review, 49, 564-‐5811. Also available from: http://www.afccnet.org/pdfs/Guidelines%20for%20Court%20Involved%20Therapy%20AFCC.pdf
Special Issue on Alienation. Family Court Review, January 2010, Volume 48(1). Austin, W.G., & Drozd, L.M. (2012). Intimate partner violence and child custody evaluation,
Part I: Theoretical framework, forensic model, and assesment issues. Journal of Child Custody, 9(4), 250-‐303.
Baker, A.J.L., & Andre, K. (2013). Psycho-‐educational work with children in loyalty conflict: The I Don’t Want to choose Program. In: A.J.L. Baker & S.R. Sauber (Eds.), Working with alienated children and families (pp 149-‐165). New York: Routledge Taylor Frances Group.
Baker, A.M.J., & Darnall, D. (2007). A construct study of the eight symptoms of severe parental alienation syndrome. Journal of Divorce and Remarriage, 47(1-‐2), 55-‐75.Bala, N., & Bailey, M. (2004). Enforcement of access and alienation of children. Canadian Family Law Quarterly, 23, 1-‐ 60.
Chabris, C., & Simons, D. (2010). The invisible gorilla – and other ways our institutions deceive us. New York: Crown Publishers.
Deutsch, R. (2014) The Process of Parenting Coordination. In S. A. Higuchi and S.J. Lally (Eds.), Parenting Coordination Handbook, Washington DC: American Psychological Association Drozd, L. (2009). Rejection in cases of abuse or alienation in divorcing families. In R.M.Galatzer-‐Levy (Ed.), The Scientific Basis of Child Custody Decisions. New York: Wiley. Eddy, B. (2010). Don't alienate the kids! Raising resilient children while avoiding high conflict
divorce. Arizona: High Conflict Institute Press. Ellis, E. (2007). A stepwise approach to evaluating children for parental alienation
syndrome. Journal of Child Custody, 4(1/2), 55-‐78. Fidler, B.J., & Bala, N. (2010). Children resisting post-‐separation contact with a parent:
concepts, controversies and conundrums. Family Court Review, 48, 10-‐47. Fidler, B., Bala, N., & Saini, M. (2011). Ten tips for legal and mental health professionals
involved in alienation, or alleged alienation cases. (AFCC-‐enews, Ask The Experts). Fidler, B.J., Bala, N., & Saini, M. (2013). Children resisting contact post-separation and
parental alienation: An evidence-based review. American Psychology-‐Law Book Series, Oxford University Press.
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Fidnick, L., Kock, K., Greenberg, L.R., & Sullivan, M.J. (2011). Guidelines for court-‐involved therapy: A best practice approach for mental health professionals. Family Court Review, 49, 564-‐581.
Freeman, R. (2008). Children and absent parents: A model for reconnection. In L.B. Fieldstone & CA. Coates, (Eds.). Innovations in interventions with high conflict families (41-‐81). Madison, Wisconsin: Association of Family and Conciliation Courts
Friedlander, S., & Walters, M. (2010). When a child rejects a parent: Tailoring the intervention to fit the problem. Family Court Review, 48(1), 98-‐111.
Friedlander, S., & Walters, M. (2010). Finding a Tenable Middle Space: Understanding the role of clinical interventions when a child refuses contact with a parent. Journal of Child Custody, 7 287-‐328.
Garber, B. D. (2007). Conceptualizing visitation resistance and refusal in the context of parental conflict, separation and divorce. Family Court Review, 45, 588-‐599.
Garber, B.D. (2008). Keeping Kids Out of the Middle. Deerfield Beach, FL: Health Communications, Inc.
Garber, B.D. (2011). Parental alienation and the dynamics of the enmeshed dyad: Adultification, parentification and infantilization. Family Court Review, 49(2), 322-‐335.
Godbout, E. & Parent, C. (2012). The life paths and lived experiences of adults who have experienced parental alienation: a retrospective study. Journal of Divorce & Remarriage, 53(1), 34-54.
Greenberg, L.R., Doi Fick, L., & Schnider, R. (2012). Keeping the developmental frame: Child-‐centered conjoint therapy. Journal of Child Custody, 9(1-‐2), 39-‐68.
Greenberg, L.R., & Sullivan, M.J. (2012). Parenting coordinator and therapist collaboration in high-‐conflict shared custody cases. Journal of Child Custody, 9(1-‐2), 85-‐107.
Hardwick, C. (2002). Dear judge, kid’s letters to the judge. Canada: Pale Horse Publishing. Jaffe, P., G., Ashbourne, D., & Mamo, A. (2010). Early identification and prevention of
parent-‐child alienation: A framework for balancing risks & benefits of intervention. Family Court Review, 48(1), 136-‐152J
Johnston, J.R., & Goldman, J.R. (2010). Outcomes of family counseling interventions with children who resist visitation: An addendum to Friedlander and Walters. Family Court Review, 48(1), 112-‐115.
Johnston, J., Roseby, V., & Kuehnle, K. (2009). In the name of the child: A developmental approach to understanding and helping children of conflicted and violence divorce. New York: Springer Publishing Co.
Johnston, J.R., Walters, M., & Friedlander, S. (2001). Therapeutic work with alienated children and their families. Family Court Review, 39(3), 316-‐333.
Johnston, J. R., Walters, M. G., & Olesen, N. W. (2005). Is it alienating parenting, role reversal, or child abuse? A study of children's rejection of a parent in child custody disputes. Journal of Emotional Abuse, 5(4), 191-‐218.
Johnston, J. R., Walters, M. G., & Olesen, N. W. (2005). The psychological functioning of alienated children in custody disputing families: An exploratory study. American Journal of Forensic Psychology, 23(3), 49-‐64.
Kelly, J., & Johnston, J. (2001). The alienated child: A reformulation of parental alienation syndrome. Family Court Review, 39, 249-‐266.
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Kerig, P. K., & Swanson, J. A. (2010). Ties that bind: Triangulation, boundary dissolution, and the effects of interparental conflict on child development. In Schulz, Marc S.; Pruett, Marsha Kline; Kerig, Patricia K. & Parke, Ross D. (Eds.). Strengthening couple relationships for optimal child development: Lessons from research and intervention.Washington, DC, US: American Psychological Association.
Lebow, J., & Black, D.A. (2012. Considerations in court-‐involved therapy with parents. Journal of Child Custody, 9(1-‐2), 11-‐38.
Lowenstein, L.F. (2010). Attachment theory and parental alienation. Journal of Divorce & Remarriage, 51(3), 157-168.
Saini, M.A., Johnston, J., Fidler, B.J., & Bala, N. (2012). Empirical studies of alienation. In K.F. Kuehnle & L.M. Drozd (Eds.), Parenting plan evaluations: Applied research for the family court. New York: Oxford Press.
Strasburger, L.H., Gutheil1997). On wearing two hats: Role conflict in, T.G., Brodsky, A. serving as both psychotherapist and expert witness. American Journal of Psychiatry 154:4, 448-‐456.
Sullivan, M.J., & Kelly, J.B. (2001). Legal and psychological management of cases with an alienated child. Family Court Review, 39(3), 299-‐315.
Sullivan, M.J., Ward, P.A., & Deutsch, R.M. (2010). Overcoming barriers family camp: A program for high-‐conflict divorced families where a child is resisting contact with a parent. Family Court Review, 48, (115-‐134).
Walters, M., & Friedlander, S. (2010). Finding a tenable middle space: Understanding the role of clinical interventions when a child refuses contact with a parent. Journal of Child Custody, 7, 287-‐328.
Warshak, R.A. (2003). Payoffs and pitfalls of listening to children. Family Relations, 52(4), 373-‐384.
Warshak, R.A., & Otis, M. (2010). DVD. Welcome Back, Pluto: Understanding, Preventing and Overcoming Parental Alienation. www.pluto.com.
Wier, K. (2011). High-‐conflict contact disputes: Evidence of the extreme unreliability of some children’s ascertainable wishes and feelings. Family Court Review, 49(4), 788-‐800.
Children of Divorce-‐Coping with Divorce (online program for kids with divorcing parents – developed at ASU by Dr. Jessie Boring and Irwin Sandler – to reduce mental health problems and increase coping
http://familytransitions-‐ptw.com/CoDCoD/parents/index.html
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efficacy)
Our Family Wizard – electronic communication for coparents
http://ourfamilywizard.com/ofw/
Planning for Parenting Time (Guide for parents) Developed by Arizona and used widely across the country
http://www.azcourts.gov/Portals/31/ParentingTime/PPWguidelines.pdf
For Our Children – Learning to Work Together (Guide for parents) Developed by Texas
https://www.texasattorneygeneral.gov/ag_publications/pdfs/coparenting.pdf
New Ways for Families ONLINE parenting class for high-‐conflict cases (developed by High Conflict Institute – Bill Eddy)
https://newways4families.onlineparentingprograms.com/
Unhooked Books (online divorce & coparenting bookstore) *\
http://www.unhookedbooks.com/
ProperComm (website that sanitizes emails between parents)
https://www.propercomm.com/
Don’t Alienate the Kids by Bill Eddy
http://www.unhookedbooks.com/product/dont-‐alienate-‐the-‐kids-‐raising-‐resilient-‐children-‐while-‐avoiding-‐high-‐conflict-‐divorce-‐by-‐bill-‐eddy-‐lcsw-‐esq/
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ORDER FOR COUNSELING
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Superior Court of California County of XXX
In re the Marriage/Matter of:
PETITIONER:
x,
and
RESPONDENT:
x
: : : : : : : : : : : :
Case No. BD ORDER FOR COUNSELING
The Court orders that:
1. In General
The Court orders counseling for the parties and the minor children1 under
Family Code Sections 3190-3192.2
2. Reason for Counseling & Goals and Expectations
1 For all purposes, the plural minor children includes the singular minor child; and the plural the
parties includes the singular. See Family Code Section 10. 2 All statutory references are made to the Family Code unless otherwise indicated.
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2.1 Reason for Counseling
Under Section 3190(d0 (1), the Court finds counseling is in the best
interest of the minor children; and the Court finds there is a substantial
danger to the best interests of the minor children. The Court enumerates its
findings of substantial danger as required by Section 3190(a)(1),(2) as set
forth in the report regarding custody filed with the Court. The Court
concludes that the following concerns present: (a) lack of parental maturity;
(b) child enmeshment in custody dispute; (c) high conflict coparenting; (d)
__________; etc.
2.2 Goals & Expectations for Counseling
The Court articulates the following goals and expectations for
counseling, including but not limited to the behavioral changes the
Court expects from the parents are:
2.2.1 The mother’s support of the father’s court-ordered parenting
time with the child
2.2.2 Increase in functional child-focused communication between
the parents
2.2.3 etc.
3. Appointment of Counselor
3.1 Name & Contact Information
The counseling services shall be provided by (hereinafter
Counselor):
Name: __________________________________
Address: __________________________________
Telephone: __________________________________
If the Counselor is unable or unwilling to serve, the parties may
make ex parte application to the Court to appoint a different
Counselor.
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ORDER FOR COUNSELING
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3.2 Duty to Contact Counselor
Each party shall establish initial telephonic contact with the
Counselor within two (2) days of this order.
4. Scope of Counseling & Number of Sessions
4.1 In General
Within ten (10) days and subject to the consent of the Counselor, but
subject to further order of court, the parties may jointly select a class
or regimen for counseling. In the event there is no agreement, the
Counselor shall establish the nature, scope and protocol for any class
or regimen of counseling consistent with this order and subject to
further order of the court in the event of objection by either party.
To avoid undue delay and detriment to the best interests of the minor
children, the class or regimen for counseling selected by the
Counselor shall be the regimen for counseling as a temporary order
of the court pending hearing on any objection.
4.2 Assessment & Materials
Within five (5) days, the Counselor shall receive a copy of this
order, the most recent child custody evaluation report, the most
current order for custody, and any existing civil or criminal domestic
violence restraining order. Within five (5) days, each parent may
file with the court and serve upon the other party and the Counselor
a five (5) page declaration under penalty of perjury presented in 12
pt. Roman (or larger) font, double spaced setting forth the parent’s
areas of concern. Any attachment to the declaration shall be counted
toward the five (5) page limit. Unless requested by the Counselor or
ordered by the Court, the parties shall refrain from providing the
Counselor with any other written materials, including documents in
the court file other than those specified here. The Counselor may
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conduct two (2) sessions for the purpose of making an assessment
regarding the needs and issues that shall be addressed in the
counseling sessions. In the absence of an order to the contrary, these
assessment sessions shall not be counted toward the total number of
sessions for counseling. Either party may apply to the Court for an
order to include the two (2) assessment sessions toward the total
number of sessions.
4.3 Number of Sessions
4.3.1 In General
The order for counseling shall be for the period and number
of sessions identified here. If there are more than two (2)
unexcused absences from counseling by either party, then
subject to further order of court the counseling term will
restart for the full period as though counseling had not
commenced. Unexcused failure to participate in counseling
is a factor the court will consider in determining the best
interests of the minor children.
4.3.2 Period for Counseling
The total period of counseling (which shall not exceed one
year as defined herein) shall be for:
Total Time Period: __________________
Anticipated Number of Sessions: __________________
4.3.3 Reporting to the Court & Redefining Scope of Counseling
The Counselor shall have authority to report to the Court on
the progress of counseling, whether either party is
participating in a timely and good faith manner, or any other
issue that the Counselor determines is in the best interests of
the minor children. The Counselor may report to the court
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on whether individual therapy for a parent or child is
recommended, or if the Counselor determines that there is a
need for parental participation in another program such as a
small group parenting program, or that the minor children
would benefit from a small group children only program or
individual counseling. The Court expects the parties to fully
participate in the counseling and diligently work to improve
communication between them for the best interest of the
minor children. The Court encourages each party to authorize
his or her individual therapist to communicate with the
Counselor. Nothing in this order is intended to create an
actual or implied waiver of the patient therapist privilege
between any party and their individual therapist. Instead, the
Court wants the Counselor to provide information to assist the
party in their confidential therapy. Since communication
from the Counselor is not privileged, the only information
that could be disclosed is whether the Counselor told the
party’s therapist about the treatment plan, objectives and
goals. Absent a waiver of the privilege, the party’s individual
therapist would be unavailable as a witness regarding
communications between the therapist and the party. If
requested by the Counselor, any therapist for the minor child
shall communicate with the Counselor to the extent that such
communication does not interfere with the therapeutic bond
between the child’s counselor and the child. If requested,
each party shall sign within two (2) days of presentation, a
consent form authorizing the minor child’s therapist to speak
with the Counselor.
460 • www.afcc-ca.org
2015 AFCC-CA Annual Conference
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4.3.4 Domestic Violence Protocols
If necessary because of family violence, the counselor shall
provide separate sessions under Section 3192.
4.3.5 Bringing Children to Therapy and Other Protocols
Both parties shall bring the minor children to counseling
sessions as ordered herein with the responsible parent being
the one who has custody under the order within one hour
before the time the session shall take place. The frequency
of sessions shall be adjusted according to the following
priorities only: (a) the schedule of the Counselor and (b) the
children’s attendance at school. Except as provided herein,
all other scheduling issues for either party or any child are
subordinated to the counseling ordered herein.
5. Allocation of Cost for Counseling
5.1 In General
The Court has considered the findings of the court on the issue of
child support in making its allocation of the cost for counseling. To
the extent that one party or the other’s conduct has necessitated the
counseling, the Court considered the allocation of counseling based
on that conduct. Under Section 3190(d)(2) this order is calculated to
avoid an undue financial burden upon the parties. The Court orders
that the cost of counseling as a form of child support and subject to
all enforcement remedies available for the nonpayment of child
support and uninsured medical expenses.
5.2 Allocation of Cost
5.2.1 Within ten (10) days of this order, each party shall deposit
with the evaluator the following sums:
5.2.2 By the Petitioner the sum of $x.
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5.2.3 By the Respondent the sum of $x.
5.2.2 Prepayment of Two Sessions in Advance
In the absence of a signed written agreement to the contrary
between the parties and the counselor, the parties shall prepay
the cost of two (2) sessions with the Counselor in advance so
there is adequate payment to assure that the counseling will
continue uninterrupted.
5.2.3 Payment by Insurance
This order is not contingent upon the availability of insurance
to cover any of the costs. If insurance is available, then under
Section 3750 and 4006, each parent will cooperate with the
processing of the insurance benefit. The amount reimbursed
by insurance shall be applied equally to the total cost of the
counseling. The insured party shall execute an assignment of
benefits to the Counselor for any applicable benefits under
any available policy. The parties shall cooperate in
processing insurance benefits for the cost of counseling.
Payment of any uninsured expenses for counseling is deemed
as a payment as and for child support in the amounts or
percentages provided for above. Under Section 3752.5, the
Court orders each party to notify the other of any changes in
the health insurance policy information. If coverage is
available or ordered, then the party who has the insurance
shall provide the Counselor and the other parent with all
relevant information, including but not limited to insurance
cards, policy information, and coverage limitations.
5.3 Enforcement of Payment & Reimbursement
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The cost of counseling ordered herein is a form of medical expenses
under Section 4062(a) (1) and as a form of additional child support.
For the purpose of ordering any reimbursement, the Court invokes
the rebuttable presumption that the costs actually paid for counseling
are reasonable under Section 4063(e). Consistent with Section
4063(b) a party seeking reimbursement for payment of the other
party’s share of the cost of counseling shall provide the other party
with an itemized statement of the costs for which reimbursement are
sought within 30 days (Section 4063(b)(1)). Reimbursement shall
be made to the party entitled to reimbursement. If the reimbursing
parent disputes a requested payment, that parent shall pay the
undisputed portion of the requested amount and may seek judicial
relief under Section 4063. If the parent seeking reimbursement is not
paid as provided by this order, he or she may seek relief under
Section 4063. Either party may file a motion or order to show cause
to enforce the orders issued herein. The Court will have jurisdiction
to award attorney’s fees and costs.
5.4 Payment for Participation in Court Proceedings
If either party wants the Counselor to present a report to the Court or
attend as a witness, the requesting parent shall first make financial
arrangements with the counselor to pay his or her hourly rate,
including travel time. If not paid as reasonably requested, the
Counselor shall be deemed unavailable as a witness in these
proceedings absent further order of the Court. At any hearing where
the Counselor testifies, the Court will have jurisdiction to reallocate
between the parties any cost of securing the Counselor’s testimony.
6. Other Terms
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6.1 The Court reserves jurisdiction under Section 290 to the maximum
extent permissible by law to make such further orders as are
necessary to carry out the provisions of this order.
6.2 The Court finds that both parties have knowledge of this order; and
each party has the ability to comply with its terms.
6.3 The Court specifically refrains from ordering a return date after
counseling as prohibited by Section 3191(e). Nothing in this order
declining to set a return date after counseling prohibits either party
from filing an Order to Show Cause before or after the end of the
counseling as ordered herein.
6.4 The Court articulates its expectations concerning this order for
counseling:
Each parent will fully cooperate and wholly heartedly
participate in the counseling.
The Court will consider the good faith efforts and parents’
devotion to success of the counseling as a factor in
determining whether to modify by expanding or restricting
the current order for legal and physical custody, including the
schedule for custodial access.
The parents will openly and honestly reveal what they’ve
learned as a result of the counseling and how they are going
to modify their future behavior based on the skills acquired in
the therapy.
The Court will consider the lack of good faith participation or
efforts to sabotage or undermine the success of the counseling
as a factor in determining whether to modify by expanding or
restricting the current order for legal and physical custody,
including the schedule for custodial access.
464 • www.afcc-ca.org
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6.5 This order is effective when signed. No further document or order shall
be necessary.
6.6 Because the Court finds a substantial danger to the best interest of the
minor children, the court considers the noncompliance by either party to
implement or obey this order is an exigent circumstance for the purpose
of presenting any ex parte application upon a properly noticed
application with good cause shown.
IT IS SO ORDERED.
Date: x
________________________________________ JUDGE/COMMISSIONER OF
THE SUPERIOR COURT