Reforming the System to Protect Children in High Conflict Custody Cases

Abstract

Qualitative and quantitative research conducted over the past thirty years demonstrates that highly conflicted custody cases are detrimental to the development of children, resulting in perpetual emotional turmoil, depression, lower levels of financial support, and a higher risk of mental illness, substance abuse, educational failure, and parental alienation. The level and intensity of parental conflict is now thought to be the most dominant factor in a child's post divorce adjustment and the single best predictor of a poor outcome. This article explores methods for identifying high conflict custody cases and provides recommendations for improving the legal system's response to addressing the needs of families in conflict.

Keywords: custody, high conflict custody, custody of children, divorce, parental rights, best interests of the child, family law, judicial reform