children and divorce - Page 6

What Helps Children of Divorce Cope Interview
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What Helps Children Cope With Divorce? – TDM Expert Interviews

Soila Sindiyo
Dr Soila Sindiyo
Counselling Psychologist and Founding Editor of The Divorce Magazine

Delve into a comprehensive exploration of children and divorce with Dr. Soila Sindiyo, Founding Editor of The Divorce Magazine and a HCPC registered Counselling Psychologist. In this enlightening interview, Dr. Sindiyo shares crucial insights into recognising signs of a child struggling with divorce, offering invaluable tips on supporting children of divorce through the process, and fostering their wellbeing during and after the proceedings.

Gain a deeper understanding of the psychological impact on children and discover actionable advice to help them not just cope but thrive. Explore the full transcript to equip yourself with essential knowledge for navigating the complexities of divorce with children involved.

Read on for the full transcript of our video, “What Helps Children Cope With Divorce?”

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Hi everyone so today we are filming episode five of The Divorce Magazine expert interviews,  and today we’re actually going to be speaking to the Founder of The Divorce Magazine Soila. So Soila do you want to introduce yourself and say a bit about yourself?

Yeah, so my name is Soila, I am, uh, the Founder of The Divorce Magazine I’ve been, well now we, because now it’s not just me anymore have been um, working and running The Divorce Magazine for quite a few years now. Um, and what it is it’s actually um, what we would call a bridge between the divorce professionals, and their clients that they’re looking for.

So we offer um, we get contributions from divorce professionals only, and no bloggers, and um, um, that they give us contributions of articles on all kinds of issues to do with divorce and separations and then our readers are very much um, clients or people who are looking um, for assistance or help support and guidance from divorce professionals.

So we’re kind of like a bridge an online magazine that’s bridging between, the divorce professionals and the clients or those who are going through divorce and um, and separation.

Um, so that’s one part of me, the other part of me the hat that I’ll be wearing today is um, uh, Doctor and Counselling Psychology and I’ve been working with children and families um, goodness I don’t know how long actually when I, maybe I do and I don’t want to say but anyway um, I’ve been working with children and families for let’s say over a decade or so um, but now um, it seems like my work has become very, very focussed on working with divorce and what comes through with divorce.

Whether it’s their parents um, whether it’s their families, their dads, their mums, whoever, is embroiled in this world of divorce which can be quite difficult and confusing.

Perfect thank you. So today we’re going to be talking about sort of, like what helps children cope with divorce and stuff so, it would be really interesting to hear what you have to say about it.

What helps children of divorce cope?

So my first question is what actually helps children cope with divorce? Um, yeah I think the first thing that I would say is, just for, parents to realise that the moment that we tell our children that um, we’re going to divorce, or that they’re going to divorce and separate, or they’re going to live in different households um, not to assume that the children saw it coming.

Even where there has been a lot of acrimony and there has been violence, not to just assume that the children know this has been coming. To actually treat it like it’s news to the children and to take it from there because that moment can be a watershed moment for the children and uh, and then the other thing that can help them cope with the divorce is to be able to answer their questions as much as possible. “When am I going to see my dad?” “When am I going to see my mum?” “Where am I going to be living?” “Where are you going to be living?”

You know just answer their questions as they come. Because one, one um, psychologist that I love dearly um, he’s no longer with us but you know his name is Haim Ginott and he wrote a book on uh, Between Parent and Child, and one of the things he says in that book is “children don’t ask a question to which they have an answer.”

So when you’re going through divorce, and your child asks questions and you think, ‘well they should know the answer to that’ actually they don’t, it’s a whole new world that they’re trying to manoeuvre now.

You know, “mummy and daddy are no longer in the same house um, what does that mean?” Whichever parent has moved out of the house, whether it’s mum or dad and they’ve moved out of the house, let the children know where you are, if they can come and see where you are, and you know sometimes it’s really difficult and it can be in a bedsit that the one parent has moved to go and live in a bedsit because of financial reasons. It’s okay let your child come and see where you are so that they don’t have this whole um, questions in their mind, “where is daddy?” “Where is mummy?” “Where are they living?” “Are they safe?” “Are they okay?” Because they will ask those questions.

So it’s very much about, you know helping them cope, answering the questions, providing them with uh, the other thing that I would say um, to help them really, really cope, if their lives can remain as, it was before the divorce as much as possible, a lot of the times it’s not possible, but um, if it cannot remain that meaning that um, they go to the same school, they have the same friends, um, they still remain in contact with mummy’s family, with daddy’s family, they still see the grandparents if that can still remain the same for them, then that would be absolutely great for them.

If it cannot, then you have to be aware of how those changes are going to affect them because their world now has changed, and it will change even more if suddenly they can’t see the people that they have been seeing. So security, stability, predictability, if they can have that post-divorce then that would be really helpful for them, it can help them cope a lot yeah.

Are there tell-tale signs if the child is not coping with divorce?

Amazing, and so is there anything that you would say is like a tell-tale sign if they’re not coping with divorce? Yeah, um, yeah and this can also be dependent on age.

So let’s say through the, childhood lifespan if I can call it that um, some of the common uh, or usual um, observations that you can make if your child has not been able to cope or is not coping with divorce, is they can maybe withdraw, and just become really silent and this is something that you can even see with really young children even toddlers where they just become really quiet.

Um, sometimes people say “oh then, he’s just a baby, he doesn’t understand that mummy doesn’t live with us anymore or daddy doesn’t live with us anymore.” But if you look at that baby, the baby is aware that there’s a vacuum in the house that has been created.

There’s somebody I’m not seeing or hearing regularly um, so do they become withdrawn or, do they have mood swings do they go from being really quiet and then they just go they’re really quick to anger, which is usually um, one of the biggest signs that they’re not coping and they, you know really quick to anger. Are they um, just being fussy, wingy, whiny, what, what’s going on for them so it’s something to look for, to look, not forward to, but to look out for.

And then um, the other thing that can tell you if they’re not coping, is if, it, if their sleeping habits have changed. If they’re either sleeping too much or too little, if they’re eating too much or too little, whatever changes that you can see um, in terms of what you know how, how, how you would know.

And for some children, and this can happen even with children who are like 10 um, so it’s not just toddlers, they can become very clingy. So they want to know where everybody is, if dad gets up to go to the kitchen to get a coffee, “dad where are you going?” When you know and just, I need to know where everybody is, which can also, it can be so frustrating for parents, “I’m just going to have a shower, can I have that?” You know and it’s like yeah and you might open the door, and you might find them sited outside waiting for you, so they might actually be quite clingy.

Um, I think also, with little ones maybe, let me think and I’m not putting this in stone, but maybe children who are even up to 7/8, you might see some signs of regression. Um, meaning they start doing things that they used to do when they were little um, maybe the foods that they wanted to eat when they were little, if they only wanted to eat pasta with cheese for instance and they haven’t done that for, three years and now it’s just pasta and cheese it’s kind of like their comfort food, have they regressed in one way or the other.

Some children will, stop being able to do things for themselves it’s like “help me put on my jumper” and you’ve been doing that for the last 6 months but now it’s like, “I don’t know how put on my jumper.” So any signs of regression um, yeah I think I mean there, there are loads of other ones, I can’t think of all of them are not coming right now but yeah, those are some of the signs that can tell you when your child is not coping um, with, with, with the divorce or the new home situation.

What are the effects of divorce on children?

And what would you say are the effects of divorce on children? What are like the top ones that you can think of? The top ones that I can think of are, let’s say with school age children, it can be concentration, lack of focus they’re not able to focus anymore um, in school in class um, they’re, wondering “who’s picking me up”, “who’s dropping me off”, “what’s that going to be like” so the school um, environment can be affected.

Um, with older children who are probably sitting for assessments and so forth or have homework, you might see falling grades um, sometimes I’ve had parents who say oh no, no, no, no, the school is fine you know they’re happy, their grades are good, they’ve kept up with their grades and that’s great so that environment has not been affected probably because they’re still in the same school, it’s still the au pair, or the nanny, or the mum, or the grandparent, or the dad who’s picking them up so that side hasn’t change, which is great.

Um, and then the other thing that I can think of um, is the effects of, of divorce on children so you have, the school you have the fears that they might have um, you might have their view of the world you know with the older children for instance you know the world is broken, you know so, “don’t tell me what to do.” So they might become more belligerent, with whatever it is and not just with the parent, but also with other people in their lives. Um, yeah, so that’s, yeah, so that’s some of them.

What advice would you give to parents who are seeing a change in their child?

And what advice would you give to parents who are kind of like seeing a change in their child’s behaviour? How can they manage that? I would say with that um, if you see there’s a change in your child’s behaviour, name it.

Talk to them about it, bring it up, um, don’t, it’s almost like I remember um, attending this training and one thing you know one, two, two, three words I guess it is that, that um, I came away with it’s like connection before correction. So if you have, if you see your child’s behaviour is changing, then meet them where they are because their world has changed not, out of choice, but meet them where they are.

Um, name it say it um, you know “I’ve noticed that for the past week, or for the past two weeks, or the past six months”, or whatever you want you know however long it’s been um, “you’ve been kind of quiet you know um, and I’m just wondering you know how I can help and I’m thinking maybe it’s because of the divorce your dad and I, your mum and I” you know, um, “we’ve been through, I don’t know you know, it’s just something that I’ve noticed is going on with you.”

If they’re, so just reflecting back and we’ll talk about reflexivity again I’m sure but um, yeah as soon as you see any changes in behaviour name it, let them know that you’ve seen them, reflect it back to them um, and please let school know what’s going on at home, you know don’t tell the children “don’t tell school”, you know “don’t take our business to school” not at all because what you’re asking them, is to leave this house that’s already probably bringing them a lot of anxieties and insecurities and so forth, stay with it from 9 to 3:30 or 6 if they’re staying for after school club and then come home with it…

Quite a big ask for children so please let school know what’s going on so that they have somebody in school who’s looking after them. They need looking after nurturing as much as possible, yeah, I’m not sure if I’ve answered your question Amey, yeah, no that was really good really, really.

How much should a parent tell their child about the divorce?

And then so kind of following on from that, when the parents do speak to the children and tell them that they are getting a divorce or they are separating, how much should they actually tell the child about the divorce?

Okay, yeah, this is a question that I really get a lot um, ‘how much do I tell my child’. I always think, age appropriateness. Right um, first of all don’t speak disparagingly or denigrate the other parent and I know maybe I’ll get a bit of backlash from this no matter what they’ve done.

If mum has gone off and had an affair, and this is what’s breaking the, the family up, the child doesn’t really need to know everything about that. You know they don’t need to know oh “she went and had an affair with your PE teacher” I don’t know, you know, it doesn’t need to be said it can just be “something has changed” depending on what age the child is.

Older children, might have an idea already that mum or dad is having an affair or you know dad is going off, or mum is drinking too much they might know that there’s something already amiss. How much do you tell them? You tell them what they need to know.

So “we’re not living together anymore”, “we’re going to separate”, answer all the questions again, but don’t tell them how bad or how horrible the other parent has been and how they’ve mistreated you throughout the whole marriage and everything because as soon as you start doing that, and you start, and I use the word “vomiting everything on top of your child”, they have no way of cleaning up. They don’t have the power, to process and they don’t know where, where to put this you know.

Um, and I will say that with, even with older children/teenagers, let them find out that actually mum has always been really mean to dad and now I can see it, let them find out for themselves. Or, you know um, dad has been always mean to dad and this is how, you know this is why they don’t get on, they’ll find out for themselves. Your job at that moment is to actually continue nurturing them, looking after them, answering the qu, their questions in a way that you’re not putting adult matters on them.

They, they don’t need to know about the court case that’s happening next week and how – said this and how the um, report from the contact centre said that mum is not doing, they don’t need to know all of that. All they need to know is “where are my parents?”, “Am I okay?”, “Will this be okay?” Yeah, perfect.

What is the best co-parenting plan / child arrangement plan?

And what would you say is the best co-parenting plan or child arrangement? I know you’ve spoken with Beth about, you know bird nesting and co-parenting so I’d like to know what, what do you think is the best arrangement?

Yeah, the answer to that that I would come up with is when it’s completely child focussed. It’s child focussed, child-centred, that’s the best co-parenting plan. Um, a lot of the times when I’ve worked with parents uh, I’ve had parents who will come and the child arrangement that they’re coming with is completely focussed on the parents. “I want to see my child”, “I want to see my son”, “I want to see my daughter” and, so which means that their little tiny children who move between homes midweek um, and uh, and when, or if they’re away from the other parent, the other parent doesn’t want them to get in touch with them because “it’s my time with my child.”

When it’s child-centred and child-focussed, “how can I make their world better” then you get a really good co-parenting plan. Um, and it’s hard sometimes especially when you don’t get on with the other parent, it’s really hard, it’s like grr, “I really don’t want to see her today I don’t”, “it’s Thursday she’s coming to you know”, put on your, big girls blouse, pants whatever, and do what you need to do, to make sure that your child says “bye mum, bye dad, I’ll see you later” as opposed to going “dad can we go now, can we go now, can we go now” or having your seven-year-old saying “it’s okay dad I’ll go and meet mum, at you know at the gate myself.”

You know all of that because they don’t want the animosity so the, the co-parenting plan um, is when it’s very, very focussed and I will say as structured as possible, because children need to know, ‘who am I with when, what time’, ‘how am I getting there’, then you’re giving them stability and security in their lives.

With bird nesting, which is um, for those who don’t know we have actually a video on, on um, on The Divorce Magazine about bird nesting and another article about bird nesting but it’s where the children remain in the house, and then the parents move out. So, and then they alternate so this day, daddy comes to the house and looks after the children for a week let’s say and then the next week mum or other dad comes to the house and looks after the children for that week and um, so they stay in, in the house.

And um, I like that I have to say, I like that because if I keep talking about predictability and um, predictability and stability for the children and consistency, that’s a really good way of there being consistency and predictability so they don’t forget “I forgot my homework books at dad’s house”, “I forgot this at, at you know mum’s house” and so forth. So there’s you know there isn’t any of that.

Um, I think in that interview with Beth I actually mentioned having spoken with an adult child of divorce recently when I knew I was going to, to interview Beth, and I asked her “would that have worked for her? Can she imagine that being um, for her? And um, and she said, “I don’t know because it means that I’m left in the house that, where everything broke down and then you get to leave.” Right, “maybe I want to leave, maybe I want a change from one home to the other.”

So there’s that to also keep in mind and, and the other thing with bird nesting it’s not for everybody, because where there is like Beth was saying “where there’s substance abuse, where there’s domestic abuse um, where there psychological emotional”, where there’s you know it’s really, really uh, conducive for the other parent, then maybe bird nesting is not the way. Maybe the other parent who’s going through, whatever form of abuse, or if they, if that the, the parent with a substance abuse is there, maybe not sharing a home you know in that way and having a break could be better for that parent, but then it reflects back to the children. Yeah.

How can parents encourage their children to express their feelings?

And how would you say um, parents can encourage their children to express their feelings and concerns when going through the whole divorce process? I love this question um, why do I like it? Because uh, it talks of reflexivity.

And um, reflexivity is when you reflect back to the child, what’s going on. So like if you think of the child’s mind like uh, black box we don’t know really what’s going on in there, so we are trying to find out and, whatever is in the child’s mind, is showing in their behaviour, just like whatever is in our mind comes out in our behaviour.

So with a child um, when you keep reflecting back to them um, you know “seeing daddy leave might you know seems like it made you sad or, it seems like this new setup is frustrating you”, you’re encouraging them to, acknowledge their own feelings for one and saying to them “you know what, what you’re feeling is actually right, it’s valid, it’s spot on” um, as opposed to not mentioning it or, dismissing it and saying “oh I know your dad’s just left but you’re not going to play up with me” you know “that’s it go to the bath, have your bath like I said” and they just like, you know “I just want to see my dad”, “I just want to see my mum”, you know that kind of thing.

So reflecting back and telling them, “I can see you, I hear you, I see what is going on.” When you reflect back to them, then also what you’re saying to them is that “this is what we need to do”, we need to acknowledge, we need to talk about our feelings and it’s okay sometimes to actually say “you know what, I feel sad that the marriage has broken down as well” you know, “I feel sad about it and I struggle sometimes” um, you know with this or with that but just encouraging them to talk to about their feelings.

But it means that as parents we need to be very vigilant about what is going on in this child, and reflecting it back to them and then they learn, ah, so this is how I’m feeling and it’s okay, I get it. I’m not saying they won’t play up, you know they will but at least their feelings have been acknowledged and it’s okay they might say “I’m really angry with you, I hate you so much” and when they say that it’s because they’re really, really angry that’s their way to show that they’re really angry so just saying to them, “yeah I know you say you hate me and I think what you’re telling me is that you’re really, really angry with me.”

Yeah, yeah, I like that it’s really like validating to the child and making them yeah, yeah. And validating is the word actually it’s validating their feelings yeah, absolutely.

How do I ensure my child thrives not only during a divorce, but afterwards as well?

Erm, so what’s the most important piece of advice the parents who want to ensure their children thrive during, but also after the divorce as well? It’s a tricky question but, it’s a very tricky question and it’s kind of like a big question and I’m thinking um, the most important advice and this is so hard because divorce brings out the worst in us.

You know you can do things during the divorce process that, if anyone had told you, you were going to do that you’d be like “absolutely not, that’s not me”, right and then you go through divorce and you’re like, all guns blazing and you’re, you’re annoyed.

But I think the most important advice that I would give um, to parents is please don’t denigrate or disparage the other child’s the, the child’s other parent, to the child or within ears shot of the child. Don’t talk about what a lousy dad or piece of whatever mum can be and she’s a this and he’s a that, don’t do that when the child is there or when they can hear it.

Don’t argue with the other parent over the phone and say “you always come late I can’t believe it no, no, no.” Don’t create an environment that is causing anxiety to your child. Be the adult in the room, take that anxiety, and take it somewhere else but don’t give it to the child. Don’t think the child needs to know what kind of a dad he is or what kind of a mum she is he doesn’t, or she doesn’t or they don’t.

What they need to know is, my world is going to be okay, and we are the ones who are going to have to do that. So take your anxieties, anger and put them somewhere else, don’t put them on the child and if ever you do, say something that is not nice about the other parent, to the child, apologise. And even if it’s the next day you just say “ do you know what I’ve been thinking I shouldn’t have said that about your dad, because he is your dad I shouldn’t have said that” how, even if you’re thinking ‘I said it because I really mean it’, you’re looking after your child. Yeah. And that’s what matters most. Yeah, yeah.

Amazing, well that’s all the questions I have today but thank you so much, really, really insightful and hopefully these resonate with some people and it helps them kind of navigate the whole process through divorce and separation. Yes, yeah and, and just as a parting you know, note um, like I said to you one time divorce will always be a watershed moment for the children but what happens after, that, that can be the biggest, I would say probably the primary trauma in their lives, what happens after that. Mum and Dad splitting up, one thing, how it’s managed, that’s the most important thing, from then on. Yeah. Okay thank you, thank you so much, thank you, take care.

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Read more articles by Dr Soila Sindiyo.

About Dr Soila Sindiyo

Dr Soila Sindiyo is a counselling psychologist and a child development psychologist who has worked with children, young people and families for several years. She is the founding editor of The Divorce Magazine and is an accredited Positive Parenting Program (Triple P) practitioner.

Her private practice website parentinglives.co.uk.

What is Parental Alienation? – A Deep Dive into Complex Family Relationships
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What is Parental Alienation? – A Deep Dive into Complex Family Relationships

Dr Amy J.L. Baker
Dr Amy J.L. Baker
Parental Alienation Researcher, Expert, Author, Coach

Join us as we speak to Dr Amy J.L. Baker, international expert in parental alienation and parent-child relationships, as we delve into the world of parental alienation. In this insightful interview, Amy uncovers everything you need to know about parental alienation and the importance of maintaining a loving relationship, despite the hatred from the alienated child.

Discover what parental alienation really means, how it is manifested, why it occurs and practical advice to help you cope if you find yourself victim of parental alienation.

Read on for the full transcript of our video, “What is Parental Alienation?”

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Hi Dr Amy um, Dr Amy J.L. Baker that’s your website so if anybody wants to try and find you they will, they will be able to get you on that website but I’ll repeat it again at some point so that those who might have missed it will get it. So thank you so much for agreeing to, uh interview request for The Divorce Magazine which is if anybody doesn’t know who’s listening The Divorce Magazine is an online magazine in the UK, that covers all matters divorce, um from children, families, parents, finances, mortgages, pensions, all kinds of issues that um, that come with divorce and we only ever have experts and professionals in divorce, who we feature their content in terms of articles, interviews like in this, this um instance where we have Amy.

So Amy I’ll, I’ll introduce you if I miss anything just let me know okay? All right, so I went on your website although I mean I knew about you way before but today I went on your website, and it started off by saying that you’re are “nationally recognised” and I thought nationally? I think internationally because I’m in London and I can’t be the only one in London who knows about you, so I will introduce you by saying you’re an internationally recognised expert in parental alienation, um in parent-child relationships, and in children of divorce and those who have experienced emotional abuse as children, uh or in childhood.

And Amy is also the author of 10 books, um and also you have 120 academic papers published which is quite impressive. I’m yet to do my first one so you know that’s, that’s quite impressive and all this is to do with um the wellbeing of children, um so yeah so that’s, that’s really quite an extensive work piece of not piece, pieces of work that you have done over the years um. I also saw on your website that you do offer coaching and your coaching is very solution based / focused and goal-oriented um, to parents assuming parents who are experiencing or who have experienced parental alienation.

Have I missed out anything Amy? That’s all the good stuff. Okay, alright and just again Amy’s website is amyjlbaker.com.

How did you get into the world of parental alienation?

So before we get into the whole world of Parental Alienation, what brought you to the world of parental alienation? How did you get there?

It’s really just another facet of what I’m interested in which is distorted parent child relationships and I’ve looked at that from many different perspectives. And, I didn’t really anticipate when I did my first book, so I started that research in 2005 for the first book which came out in 2007, I didn’t really realise how it was going to take over my life, it was just another piece of work that I did but I went to I, it, you know the work was sort of big enough that it turned into a book and then I went to my first book talk, and, people were like clutching my book. And one woman came up to me and said something like you know, “page 153 saved my life”. It was so touching and you know as a researcher most of the time you do a study, you write it up, it ends up in a journal other researchers if you’re lucky are reading it and building on it but this, work that I’ve done has a, consumer based sort of people hungry to learn more targeted parents are so, um, dedicated to educating themselves and understanding what’s happening. And so, they sort of in a way demanded it but in a good sense that I continue to do this work.

So I felt like I’m, you know every time I give a talk, a book talk or a workshop or whatever people come up to me “well have you looked at this”, “have you looked at that” and so it’s sort of one thing just kind of builds on another so, I didn’t have a particular reason why I got into it, but then once I did I just sort of stayed in this world and spend about half my time every week, thinking about and working on parental alienation in one way or another. Yeah, yeah, and you’re right actually from my experience of working with parents who are experiencing parental alienation, the need to know more and the need to educate themselves is actually quite strong I had not put that link together but yeah.

What is parental alienation?

So what is parental alienation? Well, the sort of a working definition is that it’s a family dynamic in which one parent fosters in the child an unjustified rejection of, of the other parent so the premise, built into that definition is that, some kids reject a parent, and when they do, it could be alienation that they’ve been kind of put up to it by the other parent but it doesn’t have to be.

It could be that the parent they’re rejecting, is so suboptimal or outright abusive, or neglectful that the child has a legitimate reason to reject that parent and that’s what we call ‘estrangement’. So we reserve the term ‘alienation’ for when the child’s been manipulated and to be clear, the parent engaging in the manipulation doesn’t have to be doing it consciously. Right, they so it doesn’t have to be “I’m going to turn the children against you” it just could be they’re engaging in these behaviours that, foster and the child the false belief, that the other parent is unsafe, unloving, and unavailable.

How can you tell when it’s parental alienation? How does it manifest itself?

Right, okay and so you’ve talked about estrangement, you’ve talked about parental alienation, and I don’t want to go into what the big main difference is um, but I’m just thinking how can you tell when it’s parental alienation? How does it manifest itself? So that’s a great question because, um, it is really important to get that right because the, the interventions, the court interventions, the mental health interventions would be very different.

If the child’s rejecting a parent who beat them, or abandoned them, or molested them, we would hold the rejected parent to a very high standard before they could have access to their child again and the treatment would involve that parent sort of atoning for their bad behaviour and helping the child know that it’s not their fault Etc. But when it’s alienation, the treatment is very different it’s really about correcting the child’s distortions. Like you would perceive that parent as unsafe, unloving, and unavailable when they’re actually not. So it is very, very important to get it right, is it alienation or is it estrangement.

And because that’s so important we put a lot of thought into this in the field and we’ve created, what used to be called the Five Factor Model but for a couple of reasons we’re now calling it “The Baker Model” and according, for me, uh, The Baker Model um, specifies that five things need to be present in order to say that a child who’s rejecting a parent is alienated, as opposed to estranged. Right. So the five things are:

The first factor and the, The Baker Model which used to be called Five Factor Model I’m going to call them factors, the first factor is that there is actually a breach in the relationship. So you’re not even going to wonder is it alienation or estrangement unless there’s a breach in the relationship and the child is very disaffected from a parent. That’s, pretty much the one factor that everybody agrees on. The favoured parent and the rejected parent both agree yep there’s a problem here this kid is very hurt, angry, rejecting, and distant from one parent.

The second factor, is that there was a prior positive relationship between the child and the parent whom the child is now rejecting. That means that their normative parenting flaws, you know, are not so well, the parenting flaws are not so egregious that they would cause a child to reject them. they’re just a regular parent who’s put in their time, and love, and affection into the relationship, there was a solid foundation at some point. And this prevents people, I’ve had actually cases where somebody was gone for like 10 years and then they come back and the child rejects them, and it’s like, no that’s not necessarily alienation like you abandon your child, you haven’t been there you haven’t, you didn’t have a relationship, so you can’t claim it’s alienation there has to have been a relationship that was disrupted to say that it’s alienation.

Factor three is that the rejected parent has not abused or neglected the child, so absence of abuse or neglect. It’s possible you could have been a pretty good parent and then you engaged in some kind of abuse and now your child’s rejecting you, that would rule out alienation. So to be clear, if there’s evidence of abuse, it cannot be alienation. Just we never want to say that an abused child is an alienated child.

Factor four, is evidence not supposition, not guessing, not inference, evidence that the favoured parent has engaged in multiple, no specific number, multiple, of the 17 Primary Parental Alienation Strategies. These are the behaviours that research shows can induce in a child the false belief, that, a parent is unsafe, unloving, and unavailable when that is not the case.

And then the final factor is that the child is exhibiting the “8 Behavioural Manifestations of Alienation” and these, I’m, I could go into them if you want but they’re also readily available in line for anybody who just Googles “The 8 Behavioural Manifestations of Alienation”. And it’s not, rejecting the parent because that’s already embedded in the model, eight other behaviours, and the interesting thing about those behaviours is, we now have research that demonstrates that even kids who have been abused, severely, physically, abused by a parent do not exhibit these eight behaviours towards that abusive parent. These behaviours are really unique and specific to alienated kids.

Can you give us just, if not eight of them just, which ones you would um, just any of them the a, um, well the campaign of denigration that’s the first one, and I have to say the names are somewhat confusing, or not necessarily as clear like ‘what’s the campaign of denigration?’ but what it basically means is that the child is over the top negative, towards the rejected parent. Gleefully telling everybody that’s the campaign part, “my mother’s a whore”, “my father’s a monster”, just like, absolutely willing to announce to the world, um, how horrible and disgusting. And this is very different than abuse kids, who it really takes them a long time to even admit that a parent’s abusive and they’re still protective of that parent and they, generally feel like it’s their fault that the parent abused them so they’re not so happy to let other people know that they’ve been abused.

But also within the campaign of denigration, involves, denying any past positive relationship. So if you take a kid who’s actually been abused and you say “tell me something fun you did with mom, when you were younger” the kid can readily, think of fun things but alienated kids, whose parent didn’t actually even abuse them, will say “I can’t think of anything good that parent did, nothing comes to mind” and even if you, this is true if you show them a picture, of themselves looking like they’re having a good time they will say either “that’s not me”, or “well I was only smiling because my father said he would beat me up if I, you know if I didn’t smile for the camera” so it’s like again abused kids can say “yeah, you know before Mom you know, went on crack” or “before dad started doing this” or this they were pretty good and we did have fun times, only alienated kids will say nothing good about that parent.

So that’s just one, example of the 8 Behavioural Manifestation. Yeah, so they will deny any, any have happy memories and I’m assuming that the, abused child might also, the difference might be that they might be holding on to those good memories, somewhere as opposed to denying them and forgetting about them. I did a, one of my research studies was actually, um, working with a group of kids who were alienated versus kids just in a regular divorce situation and we gave them a paper and pencil measure they were, teenagers, and you know tell me one good memory you had of each parent duh, duh, duh, duh, duh, and not only did the alienated kids say like “I don’t have any good memories” but they would literally write in caps like “nothing” with 13 exclamation points I mean they are so, focussed on, making sure that everybody knows just how much they do not like that parent.

Does the child truly believe it or are they supporting the alienating parent?

That’s a lot and, and I’m sitting here thinking to myself and, you, you probably will know this when they’re doing that do they, actually really truly believe it or are they doing it because they’re just supporting the alienating parent, even when they’re absent, do they actually genuinely believe this?

Yeah, so, that’s particularly relevant for one of the 8 Behavioural Manifestations it’s called ‘absence of guilt’, and what that means is, that they don’t seem to feel badly, when they hurt the targeted parent. And, one of my little piffy, whatever, sayings is “alienation is where one parent gives the child permission to break the other parent’s heart.” Because that is you know one way to think about it is that these kids really treat their parent very, very, very badly you know “you can’t come to my, you know sweet 16 party” or “I don’t want you walking me down the aisle”, or “don’t show up for this”, or “I never loved you.”

I actually saw a video once, of an alienated kid, I guess the, for whatever reason the dad was filming this, and she said “you know Dad it’s like this. If I had a watch, and it got to be an old watch and it broke I would just throw it in the garbage. That’s how I feel about you. If you died I would just say oh well who cares.” These kids can be very, very, very callous, and when Richard Gardner coined the term absence of guilt, at the time, I think many of us assumed, that the kids actually felt no guilt while they were behaving this way. But then, in 2007, or five when I was doing the research but the first book came out in 2007, it involved interviewing adults who went through this as kids. And a lot of them talked about how guilty they felt. At the time, and later when they realised what they had done. And that’s one of the reasons that alienation is so damaging, for the child is on some level they know they are breaking their parent’s heart, they know they are being callous, and they feel very ashamed and guilty and that’s the kind of thing that stays with them as they grow up.

So to answer that was a very long way of saying, I believe that many of them feel guilty in the moment, I can’t say every single one, but the presentation is a callous presentation. “I don’t care”, “I don’t have to say thank you to this gift that you’re giving me because you’re only giving it to me to look good for the judge”, so their behaviour is very callous. But inside, I believe that many of them feel very badly about what they’re doing.

Yeah. What, what you’re speaking I’m just thinking what a difficult world to live in as a young child in this world where everything is being, turned upside down and you have no power whatsoever to restore it, to, or maybe even recognition of what is going on, um, within their inner world and their emotional world and you know, very difficult.

Does parental alienation often get physical?

I remember with working with the first, when we, before we started recording I was telling you when I first, learned about parenting alienation and it was a dad who had come to me um, who was a separated dad and, he was becoming a little bit, what he was getting worried that his daughter was now coming home, to him on the weekends or every other weekend, and um, first it was verbal, you know, “go away”, “I hate you”, but then it started escalating to pushing, to hitting, to scratching, to biting and he could not understand and it happened so fast, and when he would speak with the mom about this, the mom would say “well you know what can I do?” and when she’d go home and tell, you know he would say a couple of times he said you know “she did, try to push me down the stairs today” and, and the mom would say “well next time push harder.” So that was my first encounter with that does it, I don’t use the word always but, but does it often get physical as well?

The common element is that the kids interact with the targeted parent, in very provocative ways partly, to unconsciously, get that parent to behave badly back so that they have an excuse for cutting off that parent. In other words, what you said a moment ago is very true it’s very, very hard to live in this space of divided loyalties and, on some level it would be easier for the kids, if they’re like and I’m just going to use the example of dad being the alienator but we know it goes either way, you know Dad’s right mom’s a terrible person I’m going to cut her off, and now I know there’s good and there’s bad and I know where my you know, I’m hitching my wagon here, I know where, what’s what.

So, for a kid who again let’s say the dad’s the alienator, come, is still going back and forth when they show up at Mom’s house, they’re going to be very, very, very difficult and rejecting. Partly to trigger that parent to then do something, “fine go live with your dad”, or hitting the kid, or saying something cruel to the child and then the child’s like I’m done and, even though a child doesn’t really want to cut off a parent in the short term, immediate world that they live in, it might be easier for them and so that’s partly why they do it. So a big part of what I do in my coaching, is helping parents, I call it you know “don’t take the bait.” And, I try to teach parents lots, and lots, and lots of ways to navigate when the child is being provocative, so that they don’t become reactive either depressed and give up or, angry and unkind, because either inadvertently reinforce the lie. Right. The lie is again using the example dad’s the alienator, the lie is that Mom is unsafe, unloving, unavailable. So the kid shows up is uncooperative, or unpleasant in some way, and then if Mom behaves in a way that’s unkind, or rejecting the kid says, “oh Dad’s right”. We go, yeah, right.

What is Loyalty Conflict?

And you spoke about loyalty, and loyalty conflicts and, in your, in your book there’s some where you I think it was on, page 100 where you, I’ll just read it to you um, where you say “inside every alienated child is a child who feels rejected. This is an essential insight. Whenever your child who’s caught up in a loyalty conflict, cruelly rejects you, know that it’s actually feeling rejected by you.” Is that, in essence what loyalty conflict is? It’s in essence what alienation is. Loyalty conflict is, I don’t have a specific technical definition but it’s sort of, it could be coming from within the child. Whereas alienation is being induced by the, by a parent. Yeah.

In other words if you had two best friends who hated each other, you might feel a loyalty conflict, even if neither of them is egging you on to say “oh you should ditch that other friend” right? So loyalty, good example actually, yeah, sure we can all relate to that so loyalty conflict is more internal, and kids do feel it you know, um, that’s sort of the, sort of the breeding ground if you will of the alienation because it’s hard to be in a loyalty conflict, so one parent can scoop the child up and keep them all for themselves, you know, in a way that as I said earlier it can be relief to the child. In the long run it’s not good for kids, we, it’d be better to help them manage the loyalty conflict, manage the alienation, and obviously to get parents to stop engaging in alienation.

My focus, because this is just what um, I have access to I don’t have access to,you know favoured parents they’re not coming to me saying “teach me how not to be an alienator”, I have the targeted parents coming to me saying to me “how to deal with my child when my child accuses me of something I didn’t do”, or “teach me what to do when my child is unpleasant with me and I just don’t know what to do”, so that’s really where my heart is right now. Yeah, yeah, and you’re, and you’re right it’s, it’s exactly what I see in my own practice where, it’s usually the targeted parent who sits there and I think to myself oh my God I wish it were the other parent who was here but you know you rarely, oh no there’s one that I’m seeing at the moment, but that’s because of the place that I work with the organisation that I work with so, I have to see both parents so she she’s kind of coming in.

What would you say to the parent who is the one sending the poisonous messages?

So you mentioned already about um, the messages and denigration of the other parents so what would you say to a parent who’s the one who where they know that their poisonous messages being sent, and the child is reacting to? So what would you do when your ex is sending poisonous messages? I mean it’s like you know because I actually, my latest book is called “Parenting Under Fire” right, and the first third of the book is, that’s what it is. Is um, how do you interact with a child who’s being provocative, who’s being basically convinced that you don’t love them or that you’re are not safe?

And I’ll just talk high level for a moment the way that I think about it, is, turning up the volume on the positive, parts of the relationship or otherwise called “enhancing the attachment” and that is something that a lot of parents don’t do you know there’s some interesting research, like especially with much younger kids that like with a toddler, a parent gives several hundred commands a day. “Don’t do this”, “don’t do that”, “hold my hand”, “don’t spill your milk”, you know “now we’re going to the playground”, “put on your coat.” It’s just command, command, command, command, command. And so part of what I think is important for parents who are dealing with this, is to make sure, that they are infusing the relationship with a feeling of love and safety and belonging, for the child.

And, it’s not as simple as saying “I’m a safe parent.” I mean I wish it were, but it’s not, it’s about being safe, loving, and available and I’ll just give you one example because it’s sort of my, one of my favourite ones. How you say “yes” or how you say “no” to your child matters and this is something that a lot of people just don’t think about that much like if your child says to you “can I have ice cream for breakfast?” Most likely a parent would say, even forgetting about alienation like “what are you talking about, we don’t need ice cream for breakfast” and targeted parent might say “who told you to ask me did your mother?” Let’s say it’s the dad, “did your mother put you up to this?” Right, “do you get to eat ice cream at the other parents house?” Like they might, start trying to figure out is this alienation going on? Why is my kid, asking for something? Where now I’m going to have to say no.

What I work on with my clients is, to think about how they say no, not just saying no. So for example, I teach them this skill called “joining the wish.” So instead of saying “ice cream isn’t healthy why would you have”, you know all that negativity, right, which makes a child feel badly about themselves, “why would you ask rice cream for breakfast?” You’re basically saying “you stupid idiot” right, or “you know we don’t eat ice cream for breakfast”, now you’re calling your child like a liar. So instead you say “oh man, I wish ice cream were a healthy breakfast choice, you can have that later, now you can choose between pancakes and waffles.” And I don’t care what it is “Dad give me a million bucks”, “I wish I had a million bucks to give you, what would you do with it? Tell me how you would spend it?”

Likewise, even saying yes, it’s how you say yes that matters, so imagine you have a teenager who says, you know “can I have 20 bucks to go to the mall?” You could literally take a $20 bill and throw it at them and say “here take your stupid money.” They’re getting the money, but it’s you know, ruined basically with the negativity or you could say “you know what, yes, I have $20 extra I’d love to give it to you, I hope you have a blast, here it is.” So how we do things matters I think more than people, parents kind of realise.

And then the third example is, if your, let’s say, it’s 11 o’ at night your kids’ in bed, you’re in bed, ready for bed and your kids says “oh my God Mom I forgot I have to bring cupcakes to school tomorrow” and, you know the supermarket’s closing we have to go now right now. I’m not saying you have to do it, and that’s a different calculation – are you going to do it or are you going to teach your child a lesson and responsibility? That’s for you to figure out depending on, you know is this the first time this has happened or the 10th time that’s happened but let’s say you’re going to do it. If you’re going to do it, do it with love. Do not lecture your child about how irresponsible they are, how inconvenient it is, you know rolling your eyes and huffing and puffing, “let’s just get this done”, “I can’t believe you forgot again”, because at the end of that little trip to the supermarket, yeah, you might think like wow what a hero I am I took my child to the store and I didn’t have to, but all the child’s gonna think is yeah, “Dad’s right, mom’s not very nice”.

Yeah. What I teach parents is, if you do it, do it with love. And the next day you can say to your child “you know, that wasn’t so convenient, to have to go to the store at 11 o’clock at night. What could we do so that doesn’t happen again?” And so the things to notice is there’s no shaming, no blaming, not like you were bad, you were wrong, it’s that wasn’t convenient, so you’re talking for yourself, I didn’t love having to get dressed after I was in my pyjamas, and then you’re engaging in mutual problem solving, what could we do, so that doesn’t happen again? And maybe you and the kid will come up with a really cool solution, like when you pick the child up from school every day, before you drive home, you say “anything you need?” Or maybe there’s a Post-It note on the refrigerator, or maybe you decide, this child’s old enough and the two of you agree, that it’s the child’s responsibility, and if they remember before 10 o’clock at night you will take them someplace to get what they need but if it’s after that, you might not feel like it. But the solution, ideally comes from the child.

Yeah, yeah. And then you say to the child “let’s check in, in a couple weeks and see how our solution is working”, because sometimes the first solution works but not always, and you’re teaching your child, respectful communication, mutually respectful problem solving, and your child’s going to feel so much better about the relationship, and that’s really what you want you want to teach your child the values of responsibility, right? You don’t want to be at your child’s mercy like, “it’s 3 in the morning and I want to go get poster board”, you know, you’re not, that’s obviously not ideal for the child, yeah, but more important than teaching the child responsibility, is teaching the child that you, you, love them, and that, you can work out problems in a way that feels good for both of you.

How does the affected parent still act with love, despite all the hatred from the alienated child?

I’m sitting here and I’m thinking to myself how with, with you know listening to some of the parents that I’ve worked with, where they get so affected by what is happening to them where the child is you know is telling them “I hate you”, “go away” you know, just, really going at them bubbly and sometimes you know just trying to get them, locking them in the bathroom when they go in, they try and lock them in, and they laugh and, and everything like that. Um, and they, the feelings they might be carrying with them at that moment where they think that, they feel really angry, rejected, and then having to then respond with love, it might not be that straightforward. So how, how do they, how do they manage all the, I would call them “natural feelings” that would come from the hate that is being shown towards them?

So I, I, guess I’d have two responses to that the first is, the quote you read and I don’t even know which book that was from by the way but inside every alienated child is a child who feels rejected, okay, cool all right I don’t keep track of everything but I, absolutely believe that. Yeah, yeah. It made sense when I read it, yeah. But it is important for the targeted parent, to understand their experience, if you’re a targeted parent your experience is that you are chasing your child, okay, you want more, and your child is rejecting you. But that’s not the child’s experience. The child’s experience is you have fundamentally hurt them in some profound way that they are reacting to.

So the reason that insight’s important is because it could help parents feel more empathic towards their child. Yeah, actually as soon as you said that I felt oh, because I, yeah, when you were describing, it, you know the whole you know scenario earlier on, I was thinking oh my gosh that would be so painful, so painful, so painful, so hurtful, how do how would I manage that? And then when you said that this time I just thought oh, yes I am chasing my child I am trying to I don’t know if it’s reattach, reconnect um, parent them, basically.

But the child’s experience is that you’re rejecting them, so you if you can try to put yourself in the child’s shoes, and feel that empathy, for the child it definitely brings down, the hurt and the anger that you feel. Could you say that to your child, could you say “I think you’re treating me like this because you probably feel like I rejected you some way?” I’m not sure I would put that quite like that but I could say, you know, you, you, know “your behaviour showing me that you’re really not happy with me right now, that you’re pretty, upset, you’re, it seems like you’re hurt and angry and I’d like to understand what that’s about.” Yeah. Rather than “how dare you treat me that way.” Yeah, right. The emphasis is on the compassion for the child. But, I don’t recommend somebody having that conversation without getting, it doesn’t have to be me, but some coaching so they know what to do next.

That’s like opening the door but what do you do when your kid says “yeah you beat me when I was a baby” and the targeted parents says “I did not, who told you that?” Now you you’ve sort of just made another parenting error in my, in my opinion. Yeah. So yeah, yes, you can, you can try to have a conversation with your child about how they’re feeling, but you have to, you have to know how to do that, or else you’re just going to end up in an argument with them. “You did too steal my college money”, “I did not, look on this piece of paper it proves I didn’t – the money’s in the bank” and the kid says “I don’t care what’s on that piece of paper.” You know, “I was told that you stole the money and I believe that” so, it’s, at every step whether it’s the opening “hey I think you’re upset” all the way through. It’s not intuitive, it’s not obvious, some of it’s counter intuitive um, actually the opposite of what you think the, the right thing to do would be you actually need to do, something very different. Yeah. And that’s not to keep plugging my book but that’s really what ‘Parenting Under Fire’ is about. Okay. It’s like most people are okay, if not pretty good, if not even better, than pretty good parents but you, if you’re parenting under fire right, if you’re being attacked, your relationship is being attacked, you need a whole other level of parenting skills. Yeah.

Why do parents alienate their children?

Why do parents alienate? I know you said that sometimes they’re not even, you know aware that they’re doing it but, I’m thinking of all the parents that I’ve worked with and the ones that I’m currently working with, what is it about them, that they feel “I need to tell my child what he did”, I need to, you know, it’s almost like some of them say “I tell my child everything because they need to know everything that happen and what a bad person she is or he is” and so, what is it about that parent that gets them to…

So, I can tell you from the research I’ve done interviewing adults who have lived through this what they say about the parent who did this to them, um, there is no one like typical alienating parent right I mean sometimes they do it because, their whole life is the child and they just don’t want to go from being a full-time parent to a part-time parent. You know, especially for parents who invest a lot of time you know a stay-at-home parent whether it’s the mom or dad both parents do this, but if you are the parent who’s sort of really, really, really, really, invested all this time and you’re used to being with your child all this time, it’s very painful, to then go to, let’s say you know 50/50 or whatever the schedule is, so some people just want their kids, you know that some people are angry, and they feel like you know well “if you don’t want me then you’re rejecting us” because they sort of conflate, you know, the end of the marriage with, you know rejection of the of themselves plus their kids and some people even say “oh daddy doesn’t love us anymore” or “if mommy really loved us she wouldn’t have moved out.” So they’re encouraging the kids to conflate.

There’s just so many, different scenarios you know a, another typical scenario is the parent who gets remarried, and really has this fantasy that their new spouse is “the real parent” and um, have, they have this idea that this is the “real true family” and they really like the other parent is like an, you know an inconvenience, in a way because it for some fantasy bubble about what about, about their family life.

Yeah that’s actually a really good one because I’ve, I’ve experienced that as well with, most of the clients I’ve worked with are dads and where I remember there was actually one mom, who remarried and, you know she actively wanted the dad out of the picture um, and she called me trying to get in, not just trying, to get information around my work but at some point I had to say “I’m not really sure what you’re looking for” um, you know and then she said “well actually to be honest I am the wife, ex-wife of so and so and I just want to know did he attend the classes, did he do this” and I thought wow this was really, another way of going around to say he’s a bad person, he’s a bad dad, um, very active.

And I think something else that I just thought about was just knowing that parental alienation is not, confined to one group of people, so we know it’s not just men, it’s not just women um, we know, it can be the, CEO of a big company, it can be the mother who or the father who’s on benefits with nothing else, so it does, there’s no, same sex couples, it happens in same sex, couples, yeah, it can happen anytime. And sometimes in a weird sense of way it can also happen in intact homes where they’re living together, so it’s not just in, in divorce, um, sometimes people end a marriage because they’re like, you know, I need time alone with my kid and I can never have time alone because the other parents always there undermining me. Sometimes people stay married because they’re like “oh my God if I lived in another home I’d probably never see my kids.” Yeah. So it definitely happens in intact families. Yeah, yeah.

I feel like walking away from my child, how do I create that bond?

So I can see we’ve got like 10 minutes left and I, I want to um ask one question you’ve touched it but I’m sitting and I’m thinking about the parents who might be listening to this or watching this and um, “I’m the alienated parent and I’m like Dr Baker what do I do from here? He just doesn’t want to come to my house anymore, calls me all these names I love him, but I feel like walking away tell me how I can recreate that bond.”

I understand the impulse to walk away and I understand that many targeted parents have people whispering or, whispering in their ears especially their parents who love them most of all, and they’re like “well you know teach him a lesson”, you know I’m just going to use a male child you know, “he needs to learn that he can’t talk to you that way” and um, you know he’ll only, “he’ll come around eventually” you know. I think that it’s very hard to be a, to love somebody who is a targeted parent and see that that child is breaking that parent’s heart and so there’s a lot of, pressure I think sometimes on targeted parents to walk away.

And even therapists sometimes or, you know might tell you know, if you’re a therapist and you have a targeted parent client you want to protect your, client who’s suffering and you might say “maybe you need to step away, write a goodbye letter, take a break.” The problem that I have with all of that, is, I don’t actually think the targeted parent feels better for having done that, and it reinforces for the child that the parent doesn’t care. So, the question I would say that a targeted parent can ask themselves is, what can I do in this moment to counter the lie. The lie is that you’re unsafe, unloving, and unavailable. And it might mean full out, you know trial that you prepare a year for and spend $100,000 on with the top-notch lawyer and you’re totally you’re basically like a paralegal by the time it’s over because you’ve decided, given your circumstances and your energy level that that’s where you’re going to go, you know, guns blazing trying to win a proper solution in court.

For other people given the age of their child, their own, you know financial, and emotional, and energy level situation, it might mean sending a text every day to the child. Yeah, yeah. You have to match the solution to the circumstance, you know if you have a five-year-old who’s refusing to come, and you have money, you some resources, I would not say give up. It’s way too early, the courts are much more likely to want to be helpful with a younger child, and, at least you should know your options. If your kid is 17 and you don’t have money or you’re battling a medical illness yourself, or some, you’re taking care of a dying parent or there’s, whatever you know, just tremendous other stressor in your life, you’re probably not going to go to court it doesn’t make sense. So to me it’s not binary give up, not give up. It’s today, what is my plan, what do I have the time, money, energy for what do I think make sense.

Sadly, many people do not get enough support from their lawyer. Lawyers are very reactive, “oh that parent showed up on your time we’ll do X”, “oh that parent did this bad thing, we’ll do Y.” What I try to do with my clients is here’s five things you could ask for of the court, let’s look at the pros and cons of each of them, and see what makes sense, if any, and then I usually say “did your attorney do this with you?” “No.” It just makes me upset. Now, if the child’s over 18 obviously court, is, off the table, and then the question is how can you, communicate with your child? You know um, either by text or, um, and that’s like the second section of my book ‘Parenting Under Fire’ is all about texting. Why, how, what to do, what to do when your kid responds this way that way, and then the final third of the book is how to write a letter, to an adult alienated child it’s very specific philosophy, it’s probably different than other letters other people have written.

Um, so I think generally there are things to do. Short of devoting your life to trying to maintain your relationship with your child, there’s still things you can do, so you have the satisfaction of knowing you tried, so your child knows that you tried, you can think about it as like you’re leaving a trail of breadcrumbs so they can find their way back to you when they’re ready. Um, I rarely think there’s a, a time when you would say “I’m done.” Whether it’s with a provocative 12 year old, or, you know, 15y old, or 25 year old, I, I rarely recommend that’s it wipe your hands of that person they’re, yeah, better off without them. That’s my, kind of long-winded answer to that.

What must I not do as the affected parent?

Yeah and, and, what should, what shouldn’t I do in terms of um, so my 5-year-old doesn’t want to come, what must, I must, what must I not do? You don’t negotiate with the child, if the child says you know, at whatever age, “I’ll come Thursday if you let me leave Friday.” Let’s say the kid’s supposed to be there Thursday, Friday, Saturday, you never negotiate with the child because then you can’t hold the other parent accountable, right, your legal contract, your parenting plan is with the other parent not with the child, even if the child is 17, the answer is Mom and Dad work on the schedule. So you don’t have to be rude to your child, “you’re just a child, you’re an idiot, you don’t know anything”, you know, but you just don’t negotiate with the child. You always show up for your parenting time, even if the child says “don’t bother showing up Saturday morning, I’m not going to be there”, “well it’s my time to pick you up, I’m gonna be there” and then you document it if the, if you know you don’t get your child, when you’re supposed to, you show up, then you send an email, you know “I was there” and I, you know “nobody seemed to be home” I say you wait 20 minutes you don’t just “oh they’re not there” and you leave, and then you leave.

There was another last um, quote that I had here, where you said “as a co-parent with a toxic ex, you don’t have the luxury of being a mediocre parent, um you need to spend time engaging in meaningful interactions with your child, you need to invest yourself, your time your attention, in the relationship, to cultivate a deep and abiding bond that will be less susceptible to your ex’s interference and attempts to undermine your authority. So really just covering what you said at, some point during the interview, where you said, “you’re chasing after your child”, “you’re looking for your child”, “you’re parenting your child” and “doing whatever it is that you can with your time, at that moment, with your child” um, just making the plans and going, and keep going with them.

The one tweak I would add to that is I don’t actually believe that we should be labelling anybody as toxic I, I did not want to name book that, I know a lot of people like that, but you know that if, let’s say you’re a mom and you’re a target, you believe you’re a targeted parent and you’re reading the book and the kid sees it they’re going to be like, “oh so you think Dad’s toxic?” Like I just don’t think it helps, I, I don’t believe in calling you know children rude, or disrespectful, or calling the other parent, you know narcissist, or toxic, or abusive, is of used now. Yeah narcissist, has become like it’s got its part in the limelight now, so you change the title of your, okay.

You know the publisher really insisted and it’s a very popular book you know I, I stand by the book, I just don’t love the title. It’s a great book, it’s a great book, and just the last chapter where actually chapter, the final section that says final words so I’m just thinking anybody who gets this book, the last section what I liked about this part um, where you say “we encourage you to ponder these questions to find your own truth” and you have all these questions here, um, that when I looked at them I’m thinking to myself this actually makes the parent to be reflective, of what is going on. So you check yourself, as opposed to reacting to, what’s in front of you but how is this, how can I remember that my child is a victim, when she’s treat treating me so badly and causing me so much pain and suffering. You know it’s not them, and if you keep that in mind then you’re like okay, you know this is, not, the way it was supposed to turn out you know. How can I cultivate compassion in both myself and my child, so really getting the parents to look, inwardly um, at themselves as well um, as the situation that presents in front of them.

I had so many questions, and this is such a big topic and um, I’m glad that we’re talking about it, I’m glad it’s being spoken about more, and more, and more, and more, because it does happen, it does exist, it’s painful, it’s disturbing um, there are no winners in the game, you know, short term or long term, and um, I want to say thank you so much. Thank you so much, and um, who you know those who are listening. Amy has got so many books on her website I went there and I saw you’ve got your 10 books, you’ve got your papers there, please visit the website and I’ll tell you what it is in a minute amyjlbaker.com. Everything is on there and the coaching program is on there as well. Thank you Amy, you’re so welcome great conversation, thank you so much.

[Music]

About Dr Amy J.L. Baker

Dr. Baker is a nationally recognised expert in parental alienation, and parent-child relationships, especially children of divorce, and emotional abuse of children.

She has a Ph.D. in developmental psychology from Teachers College of Columbia University. She is the author or co-author of 10 books and over 120 academic articles on topics related to children’s wellbeing.

The Pros and Cons of Nesting
Photo by Dương Nhân: https://www.pexels.com/photo/woman-standing-near-open-door-about-to-step-outside-2297663/

The Pros and Cons of Nesting

Connie Atkinson
Connie Atkinson
Partner
Kingsley Napley
Rachel Freeman
Rachel Freeman
Partner
Kingsley Napley

 

 

 

 

 

 

 

 

The recent news that Canadian Prime Minister Justin Trudeau and his wife Sophie are separating after 18 years of marriage hit the headlines not only because they are a high profile couple on the political world stage but because they intend to opt for a nesting pattern of co-parenting their three children from here on – an approach which is also growing in popularity on this side of the pond. In this article Kingsley Napley Family Law partners Connie Atkinson and Rachel Freeman explore the pros and cons of nesting arrangements for separating couples.

What is a nesting arrangement?

It is an arrangement which sees children remain in the family home while the parents take it in turns to leave and live elsewhere for short periods. A second, usually smaller, property is rented or purchased and each parent stays there when they are not in the family home with the children.  In some families, where finances permit, each parent has their own separate property where they live when they are not in the family home.

What are the pros for children?

In the right circumstances, birdnesting gives children and parents time to adjust to a separation without significant changes being imposed immediately. Children often crave stability when parents decide to split and being able to remain in their home while navigating their feelings around their parents’ separation can be helpful.

If children remain in the family home, they can maintain their routines and local friendships and remain at the same school, clubs and activities.  Children avoid having to shuttle between two homes and retain the familiar and safe space in their bedroom with all their belongings in one place.

What are the cons for children?

In reality birdnesting is only likely to work for a small number of families and in many cases only for a short period of time. Children need to adjust to the reality of their parents’ separation which includes a new home and bedroom with the other parent. In some cases the former family home is going to be sold at some point and so there will be a change of environment for children in any event. If birdnesting is attempted in unsuitable cases, it can risk creating (or sustaining) a toxic environment for children in what is supposed to be their safe space.

What are the pros for parents?

In the right circumstances birdnesting gives parents time to adjust to the separation too and avoid the need for numerous moves before buying a new home. It can also help remove the pressure of agreeing arrangements for the children immediately upon separation.

Parents might feel strongly about minimising disruption to their children, particularly if they themselves have unhappy memories of moving between two homes on divorce in their youth.

Birdnesting can save costs, avoiding the need, for example, to buy two sets of bedroom furniture, clothes, toys and books.  It might offer a solution where the parents cannot afford two family homes upon divorce; with a nesting arrangement they only need one home big enough for a parent and the children and the other property can be much smaller.

What are the cons for parents?

In reality, birdnesting is unlikely to work long term. People move on at different paces following separation and it is not unusual for the parents’ views and priorities to take different directions as time moves on, which can make birdnesting more difficult. Birdnesting also becomes much more difficult if new partners are involved or when the separated spouses find a new relationship.

A downside of birdnesting is that it does not allow parents to move on and live independent lives. This is relevant in the context of the court’s usual approach on divorce which is to achieve a clean break between the parties where possible. Birdnesting means still running one, or even two, households together with all the costs, bills, food, cleaning, chores, maintenance and other admin that that entails. There are likely to be constant reminders of a former partner, seeing their belongings around or evidence of their daily routine and habits. Depending on the size of the property, parents might also have to use the same bedroom and bathroom as their former partner which can feel uncomfortable.

Birdnesting requires a lot of communication and organisation, particularly at the beginning when emotions can be very raw.

What practical tips might help to make nesting work?

  • Explore whether birdnesting will work by discussing your intentions and the practicalities in an appropriate forum such as mediation.
  • Parents need to have maintained a positive relationship on separation and be good at communicating with one another.
  • Agree a set of household rules and responsibilities, including how to deal with food shopping, bills, repairs, and who else can be in the home.
  • Have regular meetings to consider what is working well with the nesting arrangement and whether anything needs to be changed.
  • Employ a cleaner, especially for handover days.
  • Consider how personal belongings and communications will be dealt with to ensure each parent can maintain some privacy.

According to recent research by Coop Legal Services some 11% of divorced or separated parents in the UK have tried birdnesting and in the current economic climate it may well appeal to more separating couples, to avoid the costs of running two homes large enough for the children or if the family home cannot be sold.  Every family is different and the family’s individual circumstances and dynamics will dictate whether birdnesting works for the parents and their children and for the long or short term.

Read more articles by Kingsley Napley Family Law here.

About Connie Atkinson and Rachel Freeman

Connie is a Partner in the family team and has experience of dealing with all aspects of private family work relating to both finances and children. She is recognised as a Rising Star Legal 500 UK for Family: Mediation and ranked in Chambers UK as up and coming in Family/Matrimonial. Connie also won family lawyer of the year and national private client lawyer of the year at the Private Client Modern Law Awards 2023.

Rachel is a partner in Kingsley Napley’s family and divorce team. She specialises in dealing with financial settlements and the arrangements for children arising upon the breakdown of a relationship. Rachel is recognised in the Legal 500 and the Citywealth Leaders and Powerwomen Leaders lists.

Our Successful Nesting Co-Parenting Arrangement Benefited From a Team of Professionals.
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Helping Children Cope with Divorce: 6 Essential Steps

Soila Sindiyo
Soila Sindiyo
Psychologist and Founding Editor
TDM

Divorce happens. And as soon as the children know about it, that moment, can become a watershed moment for your child or children. However, as much as divorce is important, what is even more crucial is how it’s handled.

The divorce process is already physically, emotionally and mentally challenging making it extremely hard to play the good, attentive and caring parent as much you would like to.

You will make mistakes no doubt. You will say things and do things with your child in the room that you wish you hadn’t. Then you will spend time worrying that you have somehow permanently damaged your child.

“Crazy” moments like these, that are not consistent and repetitive, are quickly and easily mended with an acknowledgement from you to them that it shouldn’t have happened followed by a genuine apology.

Divorce being the delicate, confusing and life-changing time that it is, here are some important things to keep in mind when looking after your children:

  • Don’t go it alone! Get yourself some support. This is said so often yet it’s amazing how so many don’t do it and continue walking around like some sort of warrior person. You see without support, good, strong and objective support, you will crack. And when you do, the people closest to you will be the first to be affected and those people are very likely going to be your children. So put your own support system in place.
  • Don’t assume that your children understand why your marriage ended, especially the younger ones. You know why and your partner knows why too but for children, splitting up the family to make life better may not make any sense and if it doesn’t make sense then they cannot cope with it all. So do, pay attention to the questions they ask and try and answer them in the best way possible without painting their other parent as the horrid, evil villain – even if it’s true. Remember as Haim Ginott says, children never ask questions to which they know the answer
  • Avoid making promises that you know you won’t or cannot keep. Don’t say things on the spur of the moment just to make them feel better knowing that in time, the truth will reveal itself and they will be left feeling crushed. For instance don’t promise that you will get back together or that you will see them every weekend if you know that that will never be the case. If you don’t know what will happen, tell them exactly that.
  • Create parenting plans that are child centred and appropriate for their age as opposed to what works just for you. An 18-month toddler cannot build a good and loving relationship if he only sees his father once a month for one day. A parenting plan created for a three-yea-old is unlikely to work the same way on a 13 year old. So be prepared to adjust the plan as your child grows.
  • Do let your child’s school know what’s going on. Don’t ask your children to keep affairs of the home secret. It’s not fair. You school-aged child spends most of his/her/their waking time at school so they will need looking after there as much as at home.
  • A stitch in time saves nine. If you are concerned about your child’s changes in behaviour, then do contact a professional as soon as possible.This person can help you continue parenting your child as you would like. It doesn’t mean you’re incapable of doing this, on the contrary, it means that you are continuing to look after your child by getting you and him/her help so as to make them feel better as they rebuild their lives.

Divorce is a watershed moment in the life of any child, no matter how amicable the whole process is.

Having said this, divorce needn’t be a trauma that permanently changes who your child is. Handle it well and it will be something your child went through at some point in his/her life as opposed to something that now and forever defines who they are.

Read more articles by Soila.

About Soila

Soila is a child development psychologist and the founding editor of The Divorce Magazine. She is known for easing the pain of trauma and loss in children, adolescents and their families and has been working with children and families for almost two decades.  Soila holds a BSc (Hons) in psychology from the Open University and an MSc in Psychoanalytic Developmental Psychology from UCL (University College London). She is an accredited Positive Parenting Program (Triple P) practitioner and very recently completed her professional doctoral training in Counselling Psychology and is awaiting registration.

When children of divorce become caregivers.
Photo by Chayene Rafaela on Unsplash.
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When Children of Divorce Become Caregivers

Soila Sindiyo
Soila Sindiyo
Psychologist and Founding Editor
The Divorce Magazine

I often say that it’s ok for children of divorce or separation to see you upset, distressed, and crying when going through the process.

It is important for them to know that you too are hurting because by knowing this and by showing your emotions, you are inadvertently giving them permission to feel the pain and hurt that the divorce process gives rise to and just to show them that you are indeed human after all.

It’s usually very difficult for children of divorce, especially a sensitive one, to watch their parent fall apart and not do anything about it or feel that they are somehow responsible for the sadness or breakdown. They will very often do their best to rectify the situation by taking care of you, in the best way that they know; asking you if you’re all right, if they can get you something or do something to make you feel better.

This is a very normal reaction to a specific situation but allow it to become the norm or go on for too long and you’re changing your child’s life trajectory. When a child becomes a caregiver they become your advisor, your mentor, the person looking after you. This set-up is definitely not conducive to helping children cope with divorce.

When a parent makes a statement like, “Sophia takes care of me. She doesn’t like to see me sad and will sometimes just come and put her arms around to make me feel better,” the first question that comes to my mind is, “And whom does Sophia turn to? What does Kimani do with his own feelings and thoughts of fear, confusion, and loss?

The answer to this is most likely that they suppress them or blocks them because there is nowhere else to take them. There is no adult container for their adverse and undesirable thoughts and feelings.

“When a child turned caregiver tries to attend to her own needs and wishes, she feels guilty and undeserving…When a child forfeits her childhood and adolescence to take on responsibilities for a parent, her capacity to enjoy her life as a young person, develop close friendships and cultivate shared interests is sacrificed…it is an overburdening that seriously inhibits the child’s freedom to separate normally and to lead a healthy adolescence…”[1]

So, it is okay for your child to see you cry, be distressed, and upset because fact is that the divorce process is a difficult journey for all to be on.

It is beneficial and advantageous for them to know that you are hurting too but, hard as it maybe, we need to continue being the parents and the adults in the room, the container and processor of your child’s feelings of anxiety, fear and confusion in seeing the family unit he once knew disintegrate into something unfamiliar and foreign.

[1] Wallerstein, J., Lewis, J., and Blakeslee, S.,(2002), ‘The Unexpected Legacy of Divorce: A 25 Year Landmark Study.’

Read more articles by Soila

About Soila

 Soila is a child development psychologist and the founding editor of The Divorce Magazine. She is known for easing the pain of trauma and loss in children, adolescents and their families and has been working with children and families for almost two decades

Soila holds a BSc (Hons) in psychology from the Open University and an MSc in Psychoanalytic Developmental Psychology from UCL (University College London). She is an accredited Positive Parenting Program (Triple P) practitioner and very recently completed her professional doctoral training in Counselling Psychology and is awaiting registration.

How can I legally deal with parental alienation when I am the targeted parent?
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How Can I Legally Deal with Parental Alienation When I am the Targeted Parent?

Joanne McDonald
Joanne McDonald
Associate
Furley Page

Whilst we may hear the phrase “parental alienation” more now than in years gone by, in its true form, it is still uncommon. There is currently no agreed definition for the concept, but it can be summarised as one parent being so opposed to contact between a child and the other parent that they take active steps to try to make contact impossible. Parental alienation can be perpetrated by either parent, regardless of gender identification or sex.

The behaviours constituting parental alienation vary greatly but typically include an ongoing pattern of negative behaviours to influence, manipulate and/ or pressure a child into aligning themselves with one parent rather than the other.  This may include denigrating, demeaning, ridiculing or dismissing the other parent by telling false stories to the child about their other parent, or withholding information from the child about their other parent which may show the other parent in a positive light.

Alienation should not be confused with low level hostility / resentment of one parent towards another which can be present immediately following a separation whilst emotions are running high. Rather, parental alienation is a consistent and deliberate attempt to undermine or put an end to a child’s relationship with their other parent.

The result of alienation is that a child has genuine fear and resistance towards contact with their other parent as they have been manipulated and led to believe that the parent is negative or presents a risk in some way or another.

If you are the parent who is the target of alienation, the most important thing is to act quickly. The longer a child is exposed to alienating behaviours, the more likely it is that harm will be suffered by the child. Court proceedings are not a quick-fix and complex matters can take several hearings to resolve.

Depending on the circumstances, the first step is to issue an application with the court for child arrangements order and make clear on the form you have concerns about parental alienation. The application should be accompanied by an Allegations of Harm form which provides a greater opportunity to elaborate on the alienation allegations.

When court proceedings have been issued, an officer from the Children and Family Court Advisory and Support Service (CAFCASS) will be allocated to the case and you will have an opportunity to discuss the allegations with them. CAFCASS will then make recommendations to the court as to what the next steps should be.

This may be for CAFCASS to undertake a detailed report to ascertain any areas of welfare concerns including alienation as well as the child’s wishes and feelings. To achieve this, CAFCASS will likely speak to the child in question and assess why they have resistance to contact or talk to the other parent and try  to understand whether the child’s view is likely resulting from alienating behaviours. CAFCASS may also recommend other steps such as attendance at a separated parents information programme.

In some cases, an expert psychologist may be appointed to assess the child and any emotional harm they may be suffering, but ultimately, the existence of parental alienation is not a syndrome to be diagnosed. What is important is identifying whether alienating behaviour has taken place and, if so, what emotional harm that behaviour has caused to a child and their relationship with the alienated parent and what can be done about it.

The court has the power to make various orders in relation to the time a child lives and spends with each parent. The court can also make orders to enforce such arrangements which may assist in some cases, but sometimes the court has to go further.

In serious cases of alienation, the court has demonstrated that it can and will order a change in residence of a child from the alienating parent to the alienated parent if that is in the child’s best interests. An order can then be made for the child to have contact with the perpetrating parent, but it may be that further safeguards and / or conditions are required to make that contact safe for the child and without undermining the alienated parent further. This can mean the involvement of supervision of contact and / or there being a break in contact between the perpetrating parent and the child to allow the relationship with the alienated parent to be re-established.

Support for parental alienation

Cases involving parental alienation can be complex and it is advisable to seek legal advice from a specialist in this area of the law. If you have questions about parental alienation, please feel free to get in touch so one of the team of family law experts at Furley Page can help.

Read more articles by Furley Page.

About Joanne McDonald

Joanne joined the Family law team at Furley Page as an Associate in October 2021.  Joanne is a member of Resolution for Family Law and adheres to a Code of Practice promoting a constructive approach to the resolution of family matters.

Joanne has always had a passion for family law and demonstrates this through her commitment to clients. She understands that the breakdown of a relationship can be distressing and strives to ensure that clients feel supported through the process. As well as relationship breakdown, Joanne advises clients prior to marriage in respect of nuptial agreements and clients who are making the decision to cohabit with a partner and want to ensure clarity of future arrangements.

Contact Joanne McDonald, Associate Solicitor in Furley Page’s family law team on 01634 828277 or email JLM@furleypage.co.uk.

Mutual Parenting After Divorce: Putting Children First
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Mutual Parenting After Divorce: Putting Children First

Noel McDermott
Noel McDermott
Founder
Mental Health Works Ltd

It’s clear that staying together for the sake of the kids is no longer something we believe in.

In the UK, divorce rates are high (42% of marriages end up in divorce), and this is not likely to drop.

The question is then, what is best for our kids?

As a general rule what we do is more important than what we say and indeed much therapy in relationships is about getting people to look at actions not words; in our actions are our truths. This is never more so than in our parenting practice.

Modelling healthy behaviours around relationships and relationship breakups is of vital importance for our kids.

Children see a lot more than you think and see much less of what you imagine.

They are egocentric and look for their needs to be met. Around their family the core needs are, love, consistency and them being central to family life. The advice that follows relates to situations in which there is no danger to yourself or your children from the behaviour of your ex, such as situations of domestic abuse.

Safety of yourself and your kids are the most important issues there and the best thing you can do is get police and legal help to get away safely.

Putting Children First

If you are going through a breakup with your partner and have children, the key rule is to organise the breakup in a child centric way, to ensure you put them first during the process, that their needs for love and safety are met. Not by saying that it is important, but by showing it is important.

Some golden rules in navigating a child centred breakup:

  • Never trash talk your ex or soon to be ex around your kids.
  • Don’t put your children in a position to have to make choices about who they can be loyal to.
  • If possible, show affection and kindness to each other in front of your kids, even if this is painful. Maybe agree a script and touch boundaries.
  • Be honest with your kids about being sad about the breakup if that is true for you but explain that this happens between adults.
  • Try, if possible, to have ‘family’ events.
  • Think about blended family events if one person has another relationship.

Keep communication going

In parenting the key thing is ongoing communication between the parents and this is even more important between co-parents who are not sharing a physical home together.

A very close second to this is parents not undermining each other or allowing themselves to be played off against each other. Kids need consistency in the parenting they receive, and a breakup is no reason to fall down on this. It’s maybe better to rid yourself of the idea that you are breaking up because in many ways you are not. You will have a couple relationship for the life of your kids even into their adult relationships, but the boundaries will shift away from the sexual intimacy and house sharing for example. Although that is important to you, it shouldn’t have much impact on children if you maintain a loving and friendly co-parenting relationship.

There are key messages in all of this for your kids which are crucial for them for the whole of their lives:

  • They remain the most important thing in their parents’ lives.
  • Their parents are able to put their needs first and as divorce and breakup is likely for them, they can use this modelling in their later lives with their own kids.
  • Love relationships can survive change and remain healthy and strong when the boundaries change radically.

Successful co-parenting

The evidence for successful co-parenting is beyond challenge these days and if you manage to navigate it successfully there will be no damage to your children’s’ life outcomes.

Whilst divorce is still listed as an ACE (adverse childhood experience), it is more about how the divorce is navigated and it’s more correct to say a messy and acrimonious divorce is an ACE.

About Noel McDermott

Noel McDermott is the Founder of Mental Health Works Ltd. He has created unique, mental health services in the independent sector. Noel’s company offer at-home mental health care and will source, identify and co-ordinate personalised care teams for the individual. They have recently launched a range of online therapy resources to help clients access help without leaving home.

How do I find the right family mediator for my divorce?
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How Do I Find the Right Family Mediator for my Divorce?

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

If you opt to settle your divorce through mediation rather than a drawn out, expensive and contentious Court settlement, choosing the right mediator is vital.

Here are some guidelines to help ensure the best possible outcome for you, your ex, and – most importantly – any children involved in your relationship breakdown.

Who chooses the mediator?

The first step if for each of you separately to attend a confidential Mediation Information Assessment Meeting (MIAM) with a qualified mediator who should  be approved by the Family Mediation Council (FMC).

You can appoint your own mediator through the FMC register which lists mediators near where you live.

At the MIAM you both discuss with the mediator key issues that need resolving. If you have children, the mediator should explain to you how your children’s voice can be heard within the process.

The mediator will explain the mediation  process and consider with you alternative ways of resolving the issues between you.  At the end of the session, you and the Mediator will come to a decision together as to whether you think mediation is suitable for you.

Why should the mediator have to be approved by the FMC?

Anyone with no training or qualifications can claim to be a family mediator.

FMC approval gives you the confidence that the mediator entrusted with this crucial role has been trained – and is qualified, and fully insured.

What is the mediator’s role after the MIAM?

If mediation is the way forward, the mediator who conducted your MIAM will set up a joint meeting with the two of you

Your chosen mediator will help you both work out key issues such as children contact and support along with dividing assets, property, pensions, and debts.

It can be very helpful in disputes relating to financial issues for you to use an FMC accredited mediator who is also a family lawyer. Although they will remain impartial in the process, they will be able to give you very useful legal information in the mediation, providing explanations as to how the legal process works and the options available to you around your properties, debt, pension, and income.

Where there is a need for you to take your own legal advice, this will be flagged up by the mediator.

Giving couples control over their divorce, mediation can be completed in as few or as many meetings as you need.  These can take place over a few months or, in some cases, weeks.  Depending on the issues, some couples are able to come to agreed proposals in just one meeting.

Findings from the Family Mediation Council highlight that agreements are reached in over 70% of cases of couples undergoing mediation.

I have seen repeatedly how mediation helps separating couples to find an agreed way forward in a constructive, positive manner which avoids going to Court, prioritises children’s well-being – and supports the long-term interests of all those involved.

Read more articles by Jones Myers.

About Nicki Mitchell

Nicki is a partner at Jones Myers Family Law Solicitors. With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements.

Skilled in mediation and collaborative family lawyer, Nicki is also a Child Inclusive Mediator which enables her to meet with children of separated parents and hear what they want for their future.

Is There Any Way of 'Forcing' a Non-Residential Parent to See His/Her Children?
Photo by Daiga Ellaby on Unsplash.
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Is There Any Way of ‘Forcing’ a Non-Residential Parent to See His/Her Children?

Megan Bennie
Megan Bennie
Family Law Solicitor
Furley Page

For many co-parents, one of the most challenging aspects of separated parenting is when one parent does not choose to spend as much time with their child as the other parent thinks they ought to.   In some cases, a parent may not see their child at all, whether through choice or circumstance.

The short answer to the question of whether a parent can be forced to spend time with their child, which I know will be disappointing for a lot of parents, is no.  If a parent will not spend time with their child, then they cannot be forced to do so.   The courts are not prepared to make orders forcing contact, and it is difficult to see if and how such an order could be enforced, or whether such an order would be beneficial or productive.

It is worth remembering that even if one parent chooses not to see their child, they will still have a responsibility to make child maintenance payments and an application can be made to the Child Maintenance Service if it cannot be agreed directly.

However, where there is already an arrangement in place, by virtue of agreement or a court order, if the arrangement falters, there are steps that can be taken.

There will inevitably be circumstances in which contact does not take place for a period.  For example, illness, holidays, or other life circumstances. Where the change to the contact arrangement is tackled in a way that is sensitive to a child’s needs and courteous to the other parent, this need not be a major issue.

However, in circumstances where the withdrawal from contact/the relationship is for a prolonged period or comes suddenly with no explanation, it can leave children feeling let down, confused and as if they are not a priority.

It can also be distressing for the parent trying to facilitate the contact to see their child upset, and they may feel their efforts are not appreciated, leading to further breakdown in the relationship between the parents.  In such circumstances it may be more appropriate to look at how contact is structured and assess whether a different arrangement might benefit the child and promote contact, allowing for greater consistency.

There are many process options available for these discussions. For example, this could be addressed directly with the other parent, at mediation, by instructing a solicitor or, if all else fails, by making an application to the court:

  • What level is contact set at? The court will bear in mind what is going to be achievable for parents and children.  A parent who struggles to maintain a relationship with very regular contact sessions might be able to achieve less frequent contact, but if that contact is better quality – or actually takes place rather than being cancelled – it could be better for the child involved.
  • By what means is contact taking place? The parent-child relationship may be better maintained by means other than direct face-to-face contact time. Telephone or video calls could bridge the gap, or a parent in difficult circumstances might be able to accommodate those where spending time together in person simply isn’t possible.

For children who might have faced disappointment in the past through repeated or last-minute cancellations, calls or letters might fit more easily into their existing routine and limit the disruption they face, while still maintaining a relationship with the parent they don’t live with.

The age and capability of a child, as well as the effect and perception of any previous issues with contact, are important factors to consider.  What suits one child and promotes positive contact in a particular set of circumstances may not be suitable for another child or another set of circumstances.

If all else fails, the threat that future contact could be reduced can be a ‘stick rather than carrot’ approach to ensuring contact does go ahead.  The court can threaten to or even actually reduce contact, sometimes quite significantly, if it is apparent such a change is in the best interests of the child in question.  However, it would be exceedingly rare to have an order for no contact at all: the court tends to leave a door open for a parent/child relationship to continue except in the most severe of circumstances.

If you have questions about any aspects of child arrangements, whatever your situation, please do feel free to get in touch so one of the team of family law experts at Furley Page can help.

Contact Megan Bennie, Associate Solicitor in Furley Page’s family law team on 01227 763939 or email MEB@furleypage.co.uk.

Read more articles by Furley Page.

About Megan Bennie

Megan Bennie is an Associate in the family law team Furley Page.

Megan joined the team in 2021, having gained valuable previous experience at specialist family law firms featured in the Legal 500 directory.

Megan advises on all aspects of relationship breakdown, whether divorce or separation, including in relation to civil partnerships, dealing with issues such as the appropriate division of finances.

Megan also assists couples seeking to formalise arrangements through pre and post nuptial agreements and cohabitation (or living together) agreements. She can also assist with legal issues arising when cohabitation comes to an end whether there is a cohabitation agreement in place or not.

Megan can provide legal advice on a wide range of areas relating to children including arrangements for contact and who a child lives with, where a child lives (including relocation to another jurisdiction) and in relation to special guardianship and adoption.

Megan is primarily based at the Chatham office but is also available for meetings at either the Canterbury or Whitstable office.

No Fault divorce is a good start - but what more can be done to support children whose parents are separating?
Photo by Kelly Sikkema on Unsplash.
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No Fault Divorce is a Good Start – But What More Can Be Done to Support Children Whose Parents are Separating?

Matt Buttery
Matt Buttery
CEO
Triple P UK & Ireland Ltd

Before 2021, couples seeking divorce risked getting caught up in a blame game, unable to separate unless one party was deemed to be at fault. Now, through ‘no- fault’ divorce, the first major reform to divorce since 1970, couples are able to separate more amicably, without finger pointing and conflict.

The implications of this for families, and in particular children, are significant. In a 2018 YouGov poll, 79% of respondents agreed that conflict arising from divorce negatively affects children’s mental health. By allowing parents to admit the marriage has simply run its course, children feel less torn between the two, without the pressure of taking sides with the parent who has been ‘wronged’.

But the legal system is still not perfect for families, and support for the children of separating parents continues to fall short.

With half of all children coming from separated households, and the effects of divorce on children well cited, it is crucial that we ensure the system works in the best way possible to help children grow up happy and healthy.

Recently, the Government suggested that mediation becomes mandatory in all suitable low level family court cases, excluding, of course, those including allegations or a history of domestic violence. This, alongside the current MoJ consultation, will help the legal system improve to better protect children from witnessing their parents work out family disputes in court. But there is still more that can be done to diffuse proceedings and reduce the conflict involved.

One of the biggest changes we all need to address is in language. Language matters – 99% of family professionals said small changes in language used in the divorce proceedings could make a big difference to a child’s experience.

This is because lots of the vocabulary used currently furthers the animosity between parents by pitting them against each other. Words such as ‘battles’, ‘versus’, ‘fight’, ‘opponent’, ‘dispute’ and impersonal references to ‘the child’ are not conducive to nurturing collaborative solutions.

Making the language softer, by using first names for example, shifts the discussions towards finding a joint solution that is best for the whole family. This is something the Family Solutions Group have been calling for, a campaign we are firmly supporting.

At Triple P, this is something we are conscious of too – our programme to support parents going through separation and/or divorce is purposefully named ‘Family Transitions’, helping the couple understand their divorce as a familial change, and not as a fracture.

Language and communication are of course important between family members as well. It is imperative for the way children process a separation, that parents are offered support. This is an upsetting time for the couple and it can be hard for them to know how to communicate what is happening with their family. Evidence-based parenting programmes that focus on family communication and co-parenting help parents develop the skills to resolve conflicts with former partners, as well as supporting their child(ren) and helping to build a new family identity.

By helping children understand as much as possible about what is happening, you help them process the situation and reassure them they are still important and loved. Not only this, a strong relationship between parents post-divorce will help them co-parent effectively after the separation.

Programmes such as Family Transitions work, and support better outcomes for families.  The challenge is how to make them accessible to the number of families that might benefit.  Current investment by the Department of Work and Pensions into the Reducing Parental Conflict programme has gone some way towards this. However, we need more scalable routes such as remote and self-directed online versions of these programmes – and at the end of the day they all cost money to access.

One thought is to widen the scope of the Family Mediation Voucher Scheme to allow these vouchers to be spent on parenting programmes. We believe in the importance of mediation, but also know the emotional readiness to engage is critical to its success. Expanding the scope of the voucher scheme to allow attendance at an evidence-based co-parenting programme alongside mediation, will help to support parents, allowing them to better engage with the separation process. By making these vouchers accessible prior to the filing of the C100 too, mediation and parenting programmes will be genuinely helpful, rather than becoming a tick-box on the way to court.

The family courts are moving in the right direction, with the no-fault divorce and the shift to mandatory mediation being the latest successes for parents and children. But there are still changes that need to be made. For any child, the separation of their parents can be tough. We need to ensure that the process affects them as little as possible by taking the ‘battle’ out of it, and ensuring parents are supported with proven tools so that everyone is given the best chance to understand and adapt to the new family situation.

About Matt Buttery

Matt is the CEO of Triple P UK & Ireland and holds responsibility for the dissemination of the Triple P – Positive Parenting Program® across the UK and Ireland. He is a passionate advocate of using evidence-based practice to help families and communities develop strong, healthy relationships and resilience.

Matt has held various senior roles in the voluntary, statutory and private sectors. He has influenced and implemented health and social care policy across government and held senior positions in charities. He is an Honorary Associate Professor in Family and Parenting Practice and Policy at the University of Warwick, Chair of the Island of Ireland Parenting Network, and is a spokesperson on children and family issues, appearing in national and local media.

Matt previously fostered for over 10 years, and is a former Trustee of the UK National Academy for Parenting Practitioners (NAPP).

Family professionals show support for the Family Solutions Group call to end the use of ‘battle’ language and the term ‘custody’ following a family separation. Taking the ‘fight’ out of family separation is long overdue to protect children.
Photo by Nemesia Production on Unsplash.
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Call to End the Combative Language of Family Separation, on First Anniversary of No Fault Divorce

Helen Adam
Helen Adam
Chair
Family Solutions Group
  • Family professionals show support for the Family Solutions Group call to end the use of ‘battle’ language and the term ‘custody’ following a family separation. Taking the ‘fight’ out of family separation is long overdue to protect children.
  • Supported by the President of the Family Division, the FSG urges legal professionals to stop using adversarial terms and legal jargon in family separation proceedings.
  • 99% of professionals said the language legal professionals use affects separating clients’ mindsets and their behaviour.
  • 99% of professionals said that small changes in language could make a difference to a child’s experience following their parents’ separation.
  • Professionals say that the biggest obstacles to changing family separation language are habit, and client expectations.

The Family Solutions Group, backed by Sir Andrew McFarlane, President of the Family Division, is calling for a radical change in outdated and combative language used by lawyers, courts, media and wider public in cases of family separation. The call comes on the anniversary of the No Fault Divorce, (Divorce, Dissolution and Separation Act 2020), the biggest shake up in divorce law for more than half a century, which came into force on 6 April 2022, ending the need for separating couples to apportion blame for the breakdown of their marriage, helping them instead to focus on practical decisions involving children or their finances.

Sir Andrew McFarlane, President of the Family Division, addressing a Family Solutions Group event said:

“It’s blindingly obvious that the language we have been using is not appropriate and only goes to stoke the minds of those in a combative mindset, rather than direct them in a different way.”

“…this is not a custody fight, it’s a coming together of parents to work together to reduce the impact on their children and help them resolve their issues about the arrangements for their children, in as low a temperature as possible.”

“And bit by bit the penny is dropping. The language is important. I want to do all I can to bring about a change in the way we use language in the court.”

The Family Solutions Group, set up by Sir Stephen Cobb in 2020, say that battle-stoked language and words like ‘custody’, ‘dispute’ and ‘versus’ can heighten conflict between parents, and can have a long-term negative impact on children caught in the middle. They argue that a simple change in the language of family separation away from adversity and battles, towards safety, wellbeing, and child welfare could improve outcomes for parents and their children.

The Family Solutions Group’s call for change is informed by recent polls of over 400 professionals to find out which words are most harmful and helpful, plus a survey completed by 228 professionals.

  • The Family Solutions Group survey found that a majority (99%) of professionals said that the language legal professionals use affects separating clients’ mindsets and their behaviour, and that small changes in language could affect a child’s experience following their parents’ separation.
  • Professionals were asked whether a move away from legal jargon to plain English in client correspondence and case paperwork could improve outcomes and reduce conflict: 86% strongly agreed and 14% said it might have a positive impact.
  • 98% said that using clients’ first names, rather than words like ‘Applicant’, could also make a difference.
  • Professionals cited the biggest barriers to changing family separation language were: habit 50%, client expectations 22%, vested interests 10% and 5% apathy.
  • Over 400 professionals working with separating families, including mediators, barristers, solicitors, judges, family legal advisors, Cafcass, parent coordinators, relationship therapists, contact centres and clinical psychologists attended three workshops in January, February and March and contributed to polls about language.
  • The words custody, dispute, contact, versus, rights, battle and opponent were thought to be the most harmful and damaging, and their continued use sets the tone for acrimonious parental separation and child arrangements. Specifically, stopping using the word “versus” in court headings, like in the high-profile 1979 Kramer vs. Kramer film, could remove the “battle” element.

The phrase ‘custody’ dates back from another era and is loaded with inappropriate connotations of possession and property.  This was removed from the law by The Children Act 1989 and yet 30 years on it is still widely used across media, social media and by the public.

It’s shocking that harmful terms like ‘custody’ are still commonplace in our society and the media, despite every effort to remove them. The ‘fighting talk’ so often used in the context of family separation sets parents against each other, escalating family problems and putting children at risk.  A ‘custody battle’ suggests a tug of war between parents for the control of their child, with parents pulling against each other. Not only is this 30 years out of date, but it’s harmful to children, unhelpful for parents and ultimately damaging to society.”

In these days of increasing awareness of the impact of language upon minority groups, it is extraordinary that there is such a blind spot over the impact of language on families who separate.  The simple truth is that fuelling aggression and battles between parents increases the risk of harm to their children. Our language should reflect a problem-solving approach rather than stoke the fire of a battle.”

It’s clear from our workshops and survey that it’s time for a major culture shift in our language, as people understand the impact on children. There is now a groundswell of support among family law professionals to dial down their language, replacing adversarial and battle-laden terms with forwards-looking and solutions-focused language.  This is all about protecting child welfare which, under the Children Act, should be our paramount consideration.”

We are grateful to the President of the Family Division for highlighting this important issue and leading the call for change.

The Family Solutions Group is marshalling widespread support across all family legal sectors in calling for the end to the use of unnecessary hostile and combative language in family separation.

About Helen

Helen read law at Cambridge and qualified as a solicitor in 1990. Her legal career started with a leading private client practise in London, and she then moved to a High Street practise to broaden her experience. Following a career break she decided not to return to work as a solicitor, limited to representing one parent, and in 2007 retrained as a mediator. She is a founding Partner of Wells Family Mediation and works with clients online, and in person in Tunbridge Wells and Central London.

Helen is one of the foundation trainers for the Family Mediators’ Association and also a Professional Practise Consultant and a Child Consultant. She is an advocate of bringing the voice of the child into mediation and expects age-appropriate children to be offered the opportunity to be consulted.

She promotes an integrated approach to mediation and, as well as working with other professionals within mediation, encourages her clients to seek legal, financial, personal or parenting support outside of the mediation meetings.

Helen is also involved with family policy work. She was the mediator representative on the Private Law Working Group and in 2020, was invited to set up and chair the Family Solutions Group. It’s report “What About Me?“, focusing on the needs of the child following family separation, was published later that year. Helen continues to chair the Family Solutions Group and their paper “Language Matters” was published in September 2022.

Helen is a regular speaker on the need to reframe support for families following separation to be less adversarial and more child-focussed. She delivered the John Cornwell memorial lecture at the Family Mediators’ Association Conference in 2021, and the Bridget Lindley memorial lecture at the Family Justice Council Conference in 2022.

Helen was awarded ‘Family Mediator of the Year’ and ‘Child-Inclusive Mediator of the Year’ at the National Mediation Awards in 2022.

Helen’s clear and unshakeable professional goal is to support parents, where safe to do so, to handle their separation in a way which enables them to cooperate as parents for the years ahead, to the lasting benefit of their children.

Will Compulsory Mediation Protect Children from Courtroom Conflict?
Photo by Tingey Injury Law Firm on Unsplash.
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Will Compulsory Mediation Protect Children from Courtroom Conflict?

Nicki Mitchell
Nicki Mitchell
Partner
Jones Myers

Thousands of children could avoid seeing their parents embroiled in bitter, lengthy, and costly courtroom conflicts following a proposal to make mediation compulsory for separating couples.     

We wholeheartedly welcome the Government’s plan for separating couples to undertake mediation with a qualified mediator like myself to agree key issues such as arrangements for children and financial settlements.

The proposal, which aims to overhaul the family justice system, would apply to all suitable low-level family court cases. It would not include cases involving claims of, or a history of, domestic violence. 

Going to Court would be a last resort if parents are unable to agree a way forward.  

We have witnessed time and again the detrimental, and sometimes long-lasting, impact that contentious courtroom disputes among warring parents can have on children’s physical and mental well-being.

Mediation can help separating couples to find an agreed way forward in a constructive, positive manner which prioritises children’s well-being and helps the long-term interests of all those involved in the break-up.  

A qualified Mediator helps couples to discuss issues confidentially and find workable agreements more quickly and cost effectively. Giving couples control over their divorce, mediation can be completed in several meetings over a few months or, in some case, weeks.     

Going to court is entirely different. If separating couples are unable to reach an agreement, a judge, who doesn’t know them or their children, will decide how their financial assets will be divided. The judge – or Magistrates – will also determine how much time each parent spend with their children and that decision is legally binding.

The compulsory mediation proposal is undergoing a 12-week consultation. More information can be accessed here.  

Another positive move for separating couples sees the Government extending the Family Mediation Voucher Scheme until April 2025.  

Since being launched in March 2021 in response to Covid-19, over 15,000 families have benefited from the publicity funded initiative which gives them vouchers worth £500 for mediation to help resolve their disputes. 

To find out if you qualify for the scheme, visit  Family Mediation Voucher Scheme – GOV.UK (www.gov.uk).

Read more articles by Jones Myers.

About Nicki Mitchell

With extensive experience in family law, Nicki specialises in the financial aspects of relationship breakdown – and particularly complex cases involving family businesses, multiple properties, and complicated pension arrangements. 

A skilled mediator and collaborative family lawyer, Nicki has recently further enhanced her extensive expertise by becoming a child-inclusive mediator. The accreditation enables her to who meets with children of separated parents and hear what they want for their future.

About Jones Myers

Jones Myers is a niche, multi award-winning family law firm based in Leeds, Harrogate, and York

The practice, founded in 1992, has retained its Family Law Firm of the Year North title in the Family Law Awards across 2020-2022 for its outstanding quality of service to clients.

For over two decades the firm has been consistently ranked in a joint Top Tier position by the Legal 500 and Chambers guides alongside national practices.

The Financial Remedies Department acts for clients on divorces, pensions issues, trust work and pre-and post-nuptial agreements.

The Children’s Department delivers every aspect of public and private children law. Managing national and international issues, it specialises in private residence and contact disputes, care proceedings, adoption work, special guardianships, relocations, and education matters.

Jones Myers lawyers are acknowledged leaders in their field and include mediators, collaborative experts, and an in-house barrister.

Email: info@jonesmyers.co.uk 

Locations: 

York

The Quadrant, Bootham Row YO30 7BP, Tel: 01904 202550

Leeds

8 St Pauls Street, Leeds, Leeds, LS1 2LE, Tel: 0113 246 0055

Harrogate 

5 Victoria Avenue, Harrogate, HG1 2PW, Tel: 01423 276104

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