Richard Warshak

Shared Parenting Guidelines: Consensus or Not?

Robert Hughes Jr Coparenting, Custody, fathers, Legal issues , , , ,

There has been considerable debate among scientists about the best practice and policy regarding guidelines for shared parenting.  During the past few years there have been several reviews of the research evidence regarding shared parenting following divorce and the recommendations don’t always agree.  There are two new reports each with an array of scientists and practitioners.

So here is one interesting note.  Only Richard Warshak is on both lists.

One of these reports, authored by Richard Warshak, titled, “Social Science and Parenting Plans for Young Children:  A Consensus Report” includes the endorsement of 110 scientists and practitioners.  In the introduction he writes,

“One hundred and ten researchers and practitioners have read, provided comments, and offered revisions to this article.  They endorse the article’s conclusions and recommendations, although they may not agree with every detail of the literature review” (Warshak, 2014, p. 46).

This is an impressive list of many of the major scientists who study divorce issues.  This list includes 79 professionals who list universities or research centers as their primary affiliation and 31 professional in clinical practice.  So what about the people who are not on the list:  There are a number of prominent scientists who are not on the list.  Were they contacted?  Did they refuse because they disagreed with the recommendations or were too busy to respond?  Perhaps they just didn’t like the whole idea of “endorsing” these conclusions.  Nevertheless, none of the other participants who compiled the following report and whose names are listed below are on Warshak’s “consensus” article, why not?  At least one answer is that there is not quite the consensus that Warshak presents.

The Association of Family and Conciliation Courts convened a task force to explore research regarding shared parenting.  In contrast to Warshak’s “consensus” view, the task force report provides various points of view, the disagreements and the research questions that need more study.  (This is the original unpublished Task Force Report.)  The most recent version of the report was made public in Family Court Review, April 2014. The editors write, 

“The Think Tank Report describes a series of research-based key points on which the multidisciplinary think tank participants agreed. Nonetheless, that agreement did not extend to how the consensus should be enacted into legislative or judicial policy to resolve contested parenting disputes” (Emery & Schepard, 2014).

Both of these reports are important to read and to study.  Perhaps the most important part of the Task Force report is the list of questions that still need more study.  There is still much to understand in order to provide guidance to practitioners and policymakers.

So here is the list of the AFCC Task Force Members:

Convenors: 

  • Arnold Shienvold, Ph.D. (Co-Chair),
  • Peter Salem, M.A. (Co-Chair),
  • Marsha Kline Pruett, Ph.D., M.S.L. (Co-Reporter),
  • J. Herbie DiFonzo, J.D., Ph.D. (Co-Reporter),
  • Bernie Mayer, Ph.D. (Facilitator),
  • Loretta M. Frederick, J.D. (Steering Committee),
  • Hon. Ramona Gonzales (Steering Committee),
  • Stacey Platt, J.D. (Steering Committee), and
  • Kyle D. Pruett, M.D. (Steering Committee).

Participants:

  • Nicholas Bala, J.D.,
  • Lawrence Jay Braunstein, J.D.,
  • Margaret F. Brinig, J.D.,
  • Bud Dale, J.D., Ph.D.,
  • Robin Deutsch, Ph.D.,
  • Hon. Grace G. Dickler,
  • Leslie Drozd, Ph.D.,
  • Robert Emery, Ph.D.,
  • William V. Fabricius, Ph.D.,
  • Hon. William Fee,
  • Jonathan Gould, Ph.D.,
  • Linda Fieldstone, M.Ed.,
  • Hon. Dianna Gould-Saltman,
  • Grace M. Hawkins, LCSW,
  • Leslye Hunter, LMFT,
  • Janet R. Johnston, Ph.D.,
  • Joan B. Kelly, Ph.D.,
  • Jennifer McIntosh, Ph.D.,
  • Anne Menard,
  • Irwin Sandler, Ph.D.,
  • Andrew Schepard, J.D.,
  • Richard A. Warshak, Ph.D., and
  • Justice R. James Williams.

Invited but unable to attend:

  • Chief Justice Diana Bryant (Family Court, Australia),
  • Jean Clinton, M.D.,
  • Justice Rebecca Love Kourlis (Colo. Sup. Ct., ret.),
  • Michael Lamb, Ph.D.,
  • Robert Marvin, Ph.D., and
  • Leslie Ellen Shear, J.D.

Shared Parenting: A Debate Among Experts

Robert Hughes Jr Coparenting, Custody, fathers, Legal issues, mediation, Significant Research Findings , , ,

There is an extensive debate about the “right” custody policies and practices in courts and the research evidence for and against various shared parenting plans.  Much of the focus of the dispute is in regards to the evidence regarding overnight stays for young children in non-custodial parent homes.   Articles by Nielsen and Warshak make make strong critiques of the work by McIntosh that has highlighted possible negative outcomes for young children in these arrangements.  McIntosh and colleagues also present their own analysis of the evidence.  In their editorial statement for Family Court Review, Emery and Schepard note that there is not yet a consensus on all policy matters, but there are some areas of agreement.

See these articles for a deeper analysis of these issues.  

Braver, S. L. (2014). The costs and pitfalls of individualizing decisions and incentivizing conflict: A comment on AFCC’s think tank report on shared parenting. Family Court Review, 52(2), 175-180. doi:

Brinig, M. F., Frederick, L. M., & Drozd, L. M. (2014). Perspectives on joint custody presumptions as applied to domestic violence cases. Family Court Review, 52(2), 271-281. doi:

DiFonzo, J. H. (2014). From the rule of one to shared parenting: Custody presumptions in law and policy. Family Court Review, 52(2), 213-239. doi:

Emery, R. E., & Schepard, A. (2014). April 2014. Family Court Review, 52(2), 143-144. doi:

Jaffe, P. (2014). A presumption against shared parenting for family court litigants. Family Court Review, 52(2), 187-192. doi:

Lamb, M. E. (2014). Dangers associated with the avoidance of evidence-based practice. Family Court Review, 52(2), 193-197. doi:

McIntosh, J. E., Pruett, M. K., & Kelly, J. B. (2014). Parental separation and overnight care of young children, part II: Putting theory into practice. Family Court Review, 52(2), 256-262. doi:

Miller, S. (2014). Judicial discretion and the voice of the child in resolving custody disputes: Comments on the think tank report. Family Court Review, 52(2), 198-199. doi:

Nielsen, L. (2013). Shared residential custody: Review of the research (part I of II). American Journal of Family Law, 27(1), 61-71. 

Nielsen, L. (2013). Shared residential custody: Review of the research (part II of II). American Journal of Family Law, 27(2), 123-137. 

Nielsen, L. (2014). Woozles: Their role in custody law reform, parenting plans, and family court. Psychology, Public Policy, and Law, 20(2), 164-180. doi:http://dx.doi.org/10.1037/law0000004

Pruett, M. K., & DiFonzo, J. H. (2014). Advancing the shared parenting debate, one step at a time: Responses to the commentaries. Family Court Review, 52(2), 207-212. doi:

Pruett, M. K., & DiFonzo, J. H. (2014). Closing the gap: Research, policy, practice, and shared parenting. Family Court Review, 52(2), 152-174. doi:

Pruett, M. K., McIntosh, J. E., & Kelly, J. B. (2014). Parental separation and overnight care of young children, part I: Consensus through theoretical and empirical integration. Family Court Review, 52(2), 240-255. doi:

Salem, P., & Shienvold, A. T. (2014). Closing the gap without getting to yes: Staying with the shared parenting debate. Family Court Review, 52(2), 145-151. doi:

Scott, E. S. (2014). Planning for children and resolving custodial disputes: A comment on the think tank report. Family Court Review, 52(2),. doi:

Ver Steegh, N., & Gould-Saltman, H. D. (2014). Joint legal custody presumptions: A troubling legal shortcut. Family Court Review, 52(2), 263-270. doi:

Warshak, R. A. (2014). Social science and parenting plans for young children: A consensus report. Psychology, Public Policy, and Law, 20(1), 46-67. doi:http://dx.doi.org/10.1037/law0000005

Parental Alienation Puzzles

Robert Hughes Jr Coparenting, Effects of Divorce on Children ,

There seems to be a sharp divide among scientists and clinicians about the concept of “parental alienation.”

Warshak (2010) prefers the term “pathological alienation” which he defines “as a disturbance in which children, usually in the context of sharing a parent’s negative attitudes, suffer unreasonable aversion to a person or persons with whom the formerly enjoyed normal relations or with whom they would normally develop affectionate relations” (Divorce Poison, p.  28).

I am puzzled by the discussion between clinicians and scientists as it appears that neither group is trying to sort out the useful from the useless aspects of this issue.
I have put link to some recent research and clinical discussions of this issue and will be exploring these articles in the coming weeks.