My blog is meant to inform but its primary purpose is not to be informative. It is about the law but it is not solely about the law but also about those places the law does not go. The law is the platform from which I dive. My blog is about my opinions but is not primarily about my opinions since I often temper these to the subject matter on hand, not to mention the imagined audience. Quite often when I open a subject which is related to the law for discussion, I find myself in a place I never meant to be, or to go, as if the subject takes on a life of its own. I write articles based on what I do for a living, and I am a family lawyer, but of course that is not all I am. I find that when I engage with a subject, and use writing to express my thoughts, that quite often the journey is more interesting than the end and that what I thought I was writing about is not what I wrote about at all. This seems to me to be a metaphor for life. I write, therefore, to throw some light into the dark, to increase my understanding and by extension hopefully, other people’s understanding of what often seems incomprehensible, to enliven the dull so my spirit does not sag and to throw some humour at what is often deeply sad so that I can, or maybe, dare I say hopefully, “we”, can gain perspective. I doubt I succeed but the effort is honest.
Monday, January 15, 2018
Parents need help to change behavioural patterns to enable them to stop conflict. It is unlikely they can do this by themselves particularly as in my experience, so few of them want to accept that their children are affected by their behaviour. It is true that all human relationships have disagreements and conflicts but if those conflicts are frequent, hostile and heated, this is a problem and if there is withdrawal and silence between the couple, or verbal insults, raised voices and physical aggression, we have major issues.
Among other things, children need love and a safe environment. In order for children to feel safe they must know what conditions to expect from their living arrangements and the significant adults caring for them. Where there is constant arguing, periodical withdrawal, unbearable silences, or physical abuse to name a few, children will feel entirely unsafe and such feelings will impact on their physical and mental health significantly. As well as potentially suffering from depression, hostility and acting out, they can also take on the role of the super good child who becomes parent to the parents. Parents will often overlook unusual behaviour particularly, if it assists them in their lifestyle e.g., the saint like child. Children need their time to be children so being saint like or having an overdeveloped sense of responsibility is not good and is not a sign that your child or children are doing well quite the contrary in fact.
The simple truth is that children find unresolved marital conflict deeply disturbing. Study after study has shown that children react to parental arguments physiologically as well as mentally by showing increased heart rate and blood pressure. Such physiological reactions have been detected in children as young as 6 months.
Parents who are in the process of separating seldom have good communication. Some do, but it is rare. Most parents need help with their communication as parents since their communication as spouses/partners has broken down. The first step is recognizing that civilised communication will make for less stressful and ultimately good parenting. Good communication will go a long way to ensure that your children have good outcomes long term. The good news is that with willingness and work on both sides, it is possible to have a very civilised post relationship parenting relationship. Once you have recognized the communication issue the next step is to look for a civilized and resolution orientated way of sorting out your separation or divorce. Not only will this take your children out of the centre of the battlefield, it will also reduce conflict between you and your ex, demonstrate new ways of communicating and also model good conflict resolution for your children. It takes time, commitment, focus and work but it is absolutely worth it if you place a high value on your children’s welfare.
Uniquely, the collaboration process as a one stop shop can offer most of what you will need to achieve the above. The process works by combining a number of different professionals in one location to advise the team rather than any particular person in the team. In addition, there are two aligned professional namely the lawyers. One or two of those professionals depending on the couple’s specific needs are what we loosely call mental health professionals, meaning counsellors, psychotherapists etc., whose specific job it is to help the separating couple to establish a new pattern of communication by helping them to become aware of their patterns of communication and to practise and demonstrate other ways to re-communicate given their stated goals. We call such people collaborative coaches. Lawyers, as I said, also form part of the professional team and their job is to represent their individual client in this process which means they operate only within the integrity of the process to seek resolution because you have opted for this process and that is what honours your instructions. Within that context and only within that context, you will be independently legally advised at all times should you request same. Within the process it is the lawyers job to advise on legal issues, create options for you, and generally help you to reach agreement while feeling safe and protected. The lawyers will also draft your agreement and rule it in court as a consent agreement when that time comes. The process also allows for other professionals such as accountants and child specialists. It is important to note, however, that everyone in the room must have, as well as their personal professional training, collaborative training and mediation training. No one is equipped to do this work unless they have training.
Friday, December 22, 2017
Tuesday, November 28, 2017
Reading the news in the last few days, I note that the reality for many people caught up in Hurricane Harvey is that they will never again be able to go back to their homes which will, it seems, have to be demolished. Of course, there are far worse things that can happen but it is still pretty devastating. When we hear about something like a flood, earthquake or a tornado and the destruction that follows natural disasters, we are brought face to face with the human price of such terrible events. But people lose their homes as a normal part of life every day of the week. Marital or relationship breakdown is a normal part of life. Sometimes, the consequences of relationship breakdown can be avoidable with a little bit of forward thinking or as we, alternative dispute resolution practitioners (mediators, collaborators etc) like to say future planning.