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Parental Contact Resistance Post-Elkins: Whose Voice Are We Hearing?
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Transcript of Parental Contact Resistance Post-Elkins: Whose Voice Are We Hearing?
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Parental Conta! Resi"ance, Po"-Elkins: Whose Voice Are We Hearing?
Presented by
Valerie R. Houghton, RN, MFT, JD
INTERNATIONAL SUPPORT NE#ORK FOR ALIENATED FAMILIES (ISNAF) Second Annual Conference
A Communi$ Responds
Saturday, November 12, 2011
Parental alienation occurs when a child is turned again" a parent; usually in %e course of a divorce. Parental alienation is considered a severe form of
childhood emotional abuse and causes excruciating emotional pain to %e vi!im parent as well.
Monday, November 14, 2011
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Parental Conta! Resi"ance, Po"-Elkins: Whose Voice Are We Hearing?
142 Articles for You
Presented byValerie R. Houghton, RN, MFT, JD
INTERNATIONAL SUPPORT NE#ORK FOR ALIENATED FAMILIES (ISNAF) Second Annual Conference
A Communi$ Responds
Saturday, November 12, 2011
h&ps://www.evernote.com/pub/valeriehoughton/al'aterialsfornovember122011
Monday, November 14, 2011
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Parental Conta! Resi"ance, Po"-Elkins: Whose Voice Are We Hearing?
“Ongoing a&empts to e"(nge and by encou(ging
such false beliefs in %e child, %is child is at great
risk for developing psychopa%ology.”
Au%or Unknown
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What Happened and Who is Elkins?
Elkins v. Superior Court (Elkins) (2007) 41 Cal.4% 1337 41 Cal.4% 1337
California Supreme Court said expediency did not trump due process rights because %e local Rules of Court confli!ed wi% %e )w
As part of %eir ruling, %ey sugge"ed %at %e Judicial Council appoint a task force... The Power of sugge"ion yielded...
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In 2008, California Chief Ju"ice George formed %e Elkins Task Force, charging
it wi% *o duties:
to condu! a comprehensive review of family )w proceedings; and
to make recommendations to %e Judicial Council designed bo% to ensure due process, and to provide more effe!ive and consi"ent rules, policies and procedures in family )w ma&ers
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The Elkins Task ForceBegan by Identifying %eir own
Purpose and Core Values
Their Purpose: Ensuring ju"ice, fairness and due process in family )w; They identified %eir core values as:
Providing meaningful access to ju"ice for all litigants;
Using innovative techniques to promote effe!iveness and efficiency;
Improving %e "atus of and respe! for family )w litigants and %e family )w process; and
Securing adequate resources for %e family )w process.
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What Did %e Elkins Task Force Do?
1. Condu!ed focus groups wi% litigants, court "aff, a&orneys, and judicial officers
2. Heard in-person te"imony at Task Force meetings
3. Condu!ed public hearings
4. Surveyed a&orneys 5.
5. Solicited comments received %rough a user-friendly website
6. Condu!ed Key informant interviews
7. Analyzed avai)ble court data
8. Later, convened a litigant-input group to solicit %e views of court users on %e proposed focus areas for potential recommendations
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What Did %e Elkins Task Force Do Next?
In O!ober 2009, %e Task Force released more %an one hundred detailed, proposed recommendations for review and public comment.+
In December 2009, The Task Force closed %e window for public comment.
The Family Law Elkins Implementation Task Force took over %e he' and began soliciting public comment. The time period for %at ended June 30, 2011.
The Elkins Implementation Task Force Continues to work and %eir mo" Recent report to %e Judicial Council was O!ober 28, 2011.
+
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What Did %e Elkins Task Force Publish? Read it Here (1)
Elkins Family Law Task Force Update (2009), avai)ble at h&p://www.courtinfo.ca.gov/jc/tfli"s/documents/elkins-update-jan.pdf. See, e.g., Task Force on Self-Represented Litigants, Judicial Council of California, Statewide A!ion P)n for Serving Self-Represented Litigants (2004), avai)ble at h&p://www.courtinfo.ca.gov/prog(ms/cfcc/pdffiles/Full_Report_comment_chart.pdf
Sexual Orientation Subcommi&ee, Access and Fairness Advisory Commi&ee, Judicial Council of California, Sexual Orientation Fairness in %e California Courts (2001), avai)ble at h&p://www.courtinfo.ca.gov/prog(ms/access/documents/report.pdf;
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What Did %e Elkins Task Force Publish? Read it Here (2)
Advisory Commi&ee on Racial and E%nic Bias in %e Courts, Judicial Council of California, Report on Racial and E%nic Bias in %e Courts (1997); Gender Fairness Subcommi&ee, Advisory Commi&ee on Access and Fairness, Judicial Council of California, Gender and Ju"ice: Implementing Gender Fairness in %e Courts (1996), which is freely avai)ble at h&p://www.courtinfo.ca.gov/prog(ms/access/documents/imp_rept.pdf;
Advisory Commi&ee on Gender Bias in %e Courts, Judicial Council of California, Achieving Equal Ju"ice for Women and Men in %e California Courts (1996), which is freely avai)ble at h&p://www.courtinfo.ca.gov/prog(ms/access/documents/f-report.pdf.
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And Then What Happened?
The Legis)ture passed AB 939 (ensuring parties %e right to te"ify in %eir case) regarding an,hing relevant
and AB 1050 (requiring courts to allow children 14 and older %e right to te"ify in %eir case on ma&ers which would affe! cu"ody and visitation)
The Family Code Se!ion 3042 was amended and California Rule of Court 5.250 was created
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Frequently Raised Concerns and Que"ions
What if my child has been coached?
What if my child has been alienated?
What is %e difference be*een “parental alienation” and “e"(ngement?”
Nobody has figured out what is going on in my family so far. What will change?
What if %e judge or assessor sees what is going on? What good will %at do?
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There is Some Good News & Some Work to be Done
There are Two Piles of Things in %e World: The Pile of Things OVER WHICH I HAVE CONTROL (OWLIES) (OVER WHICH LUCKILY I EXUDE -RENG.)
and The Pile of Things OVER WHICH I HAVE NO CONTROL (GULLS) (GIVE UP /SSITUDE AND LOA.ING)
BECAUSE .E COURTS ARE LI-ENING AND YOU NEED TO BE READY TO BE .E CHANGE YOU SEEK
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BECAUSE .E COURTS ARE LI-ENING AND YOU NEED TO BE READY TO
BE .E CHANGE YOU SEEKPlease Click once on %e Box Above
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BECAUSE .E COURTS ARE LI-ENING AND YOU NEED TO BE READY TO
BE .E CHANGE YOU SEEKPlease Click once on %e Box Above
Monday, November 14, 2011
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Now Back to %e Que"ions:What if my child has been coached? There are some excellent t(inings for how to be able to assess coaching, careful interviewing techniques & %e judges have not uniformly defined %e format
What if my child has been alienated? There is a lot more emphasis on %at parental alienation is real and more courts in more "ates are pu&ing %at on %e record and trying a varie$ of interventions.
What is %e difference be*een “parental alienation” and “e"(ngement?” The easy answer is to what extent has %e targeted parent contributed to %e problem. Court personnel have hi"orically said “mo" cases are hybrids, but %is is not supported by research.
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And More Que"ions...
Nobody has figured out what is going on in my family so far. What will change? There is more good news: There was a special issue of %e Family Court Review in July, 2011. It was dedicated to a&achment. There was ano%er special issue of %e Family Court Review in January 2010 on Alienation and many articles since. See O%er jurisdi!ions ("ates and countries outside %e US)
What if %e judge or assessor sees what is going on? What good will %at do? This is less clear, but %ere is a growing amount of research which says %e judge mu" make %e call early and intervene quickly, wi%out seeking consensus from %e parties. See Warshak’s and Sullivan’s camps, as well.
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Your Toolkit for Your Mission
1. Emb(ce an A&itude of G(titude.2. A!ualize %e Li" of Pro-A!ive Behaviors.3. Did you hear “KidofPas” feedback? (slide)4. Prioritize %e re)tionship (%er %an trying to exert influence or force. See Amy’s article.5. Seek to surround yourself wi% %e be" professionals and support people you can.6. Strive to be happy. Children will reje! us more easily if %ey can feel our pain and resentment. Our children are "ill our mirrors.
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Parental Conta! Resi"ance, Po"-Elkins: Whose Voice Are We Hearing?
142 Articles for YouPresented by
Valerie R. Houghton, RN, MFT, JDINTERNATIONAL SUPPORT NE#ORK FOR ALIENATED FAMILIES (ISNAF)
Second Annual ConferenceA Communi$ Responds
Saturday, November 12, 2011 1211
h&ps://www.evernote.com/pub/valeriehoughton/al'aterialsfornovember122011
Monday, November 14, 2011
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Parental Conta! Resi"ance, Po"-
Elkins: Whose Voice Are We Hearing?Please Click once on box Below for Video Clip
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Parental Conta! Resi"ance, Po"-
Elkins: Whose Voice Are We Hearing?Please Click once on box Below for Video Clip
Monday, November 14, 2011
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Thank you for your kind a&ention...
Be Well, Take Heart and Please Stay Mindful %at Our Hearts
Cannot Hold Love and Hate in %eSame Vessel...
Kindest Regards,Vale"e
Monday, November 14, 2011