Psychological Issues and Privilege Flashcards
Detrimental Factors for High Conflict
(1) forcing children to be communicator;
(2) exposing children to the court and adult issues;
(3) coercion/influence on children; and
(4) selective reinforcement or threatened withholding affection based on child’s affection for other parent.
Potential Psychological Risks to Children
(1) worry, learned-helplessness, sleep problems;
(2) compromises to developmentally important functions (relationships) when the child assumes role of “fixing”;
(3) implications for child’s ability to enjoy positive relationship with both parents;
(4) attention compromises which interfere with learning or somatic stress manifestations such as sleep deprivation, headache, or stomachache;
(5) depression and feelings of disillusionment;
(6) fear, worry, and anticipatory anxiety about the future;
(7) withdrawal and clingy behavior;
(8) behavioral problems, rebelliousness, aggression, and anti-authority attitude;
(9) sense of guilt for loyal feelings toward either parent.
(1) less likely to be empathetically attuned to needs of children,
(2) are more extreme in their perceptions or actions;
(3) less likely to accept responsibility;
(4) greater risk for coercion or emotional manipulation of children;
(5) all or nothing reasoning;
(6) unreasonable personalization;
(7) extreme levels of emotion which compromise logic; and
(8) excessive mistrust or paranoia
Parties with personality disorders
(1) patterns of instability in interpersonal relations;
(2) rapid, intense, and unpredictable emotional reactions;
(3) fear of abandonment/loss triggered by divorce;
(4) difficulty separating own needs form children; and
(5) needy, manipulative, “emergencies” requiring attention.
Borderline Personality
(1) highly dramatic and needs to be center of attention;
(2) superficial attachments and emotions towards others;
(3) distortions of perception, fabrications about things they feel are important;
(4) need constant reassurance and validation; and
(5) often lack focus, hard to appreciate details.
Histrionic Personality
Requires screening for DV in every case including those where no allegations or judicial findings have been made.
AFCC
Developed for clinicians and a risk that diagnostic information may be misunderstood/misused as impairments can vary widely with every category and symptoms are not static.
DSM-5 in Evaluations
The research is still evolving regarding overnights i.e. 1-2 overnights possible for children under 3 when a healthy, pre-existing relationship, good caretaking skills, etc. The new research shows that ______.
children can form multiple attachments
When a parent acts to support involvement and meaningful relationship with the other parent such as having photos of the other parent, making positive comments about them, assure child no need for secrets between homes, prompt and courteous at exchanges, allow privacy and respect when child speaking to other parent, not creating interference with other parent’s plans.
Facilitative (Non-Gatekeeping)
Critical of the other parent, restricts involvement other parent, etc.
Restrictive (Gatekeeping)
Most children (70%) state being asked does _____(Cashmore & Parkinson, 2008). Overwhelmingly, they want parents or others in authority to make decision about custody. Older children having input were more _____.
not put them in a difficult position – they want input
likely to be satisfied with living arrangements
(1) Having a voice in proceedings,
(2) More comprehensive information being considered,
(3) In abuse cases, the wish to be not only heard but ____,
(4) Regardless of outcome, a feeling of fairness that the child’s reports were at least considered,
(5) Most children interviewed state that children (age 7 and older) should & could be asked,
(6) In cases of violence, abuse, & high conflict, _____ (Cashmore & Parkinson, 2008), and
(7) In abuse cases, children likely ____.
Benefits of children testifying
also protected
children especially want a voice
distrust parental judgments about their welfare
Has a health and realistic resistance to contact from a parent who is emotionally unavailable, abusive, poses a threat of violence, and provides erratic, undependable, neglectful parent-child experiences.
Estranged Child
Rejects a parent for reasons which are unjustified, unreasonable, irrational accompanied by evidence of one parent’s negative influences, in the absence of plausible alternative explanations. The parent creates an “alignment” with the child and angry parents use the child as surrogate “buddy” or “confidant,” which generally includes denigration of the rejected parent.
Alienated Child
Privilege holder may refuse to disclose confidential communications ____. Consent to the disclosure may include _____ in any proceeding in which the holder has legal standing and the opportunity to claim the privilege.
absent waiver or tender of condition
failure to claim the privilege
Evid. Code 912
