Little Known Legal Strategies for Family Court Awareness Month: Putting Children First in High-Conflict Cases

Little Known Legal Strategies for Family Court Awareness Month: Putting Children First in High-Conflict Cases
Published:
November 20, 2024
|   updated:
November 24, 2024

Introduction

Family Court Awareness Month, observed every November, shines a spotlight on the importance of putting children at the forefront of family law decisions. This initiative was created to educate attorneys, parents, and the judicial system on the profound impact family court decisions have on children’s lives. High-conflict cases—especially those involving substance abuse—pose unique challenges, as emotions run high, and the focus can easily shift away from what truly matters: the well-being of the child.

Dr. Norris, Forensic Therapist and owner of Healing Pathways Collective, highlights, “Parents begin so in love and excited to have children and parent together… but once high-conflict begins in custody cases, the focus becomes on the parent harming the other parent, and the children are used as weapons.” Her work with families in these situations offers crucial insights into legal strategies that help attorneys prioritize children’s well-being, even in the most contentious cases.

Why Child-First Legal Strategies Benefit Attorneys and Families

Legal strategies that prioritize a child’s best interests not only protect the child but also strengthen the attorney’s case. These strategies can:

  • Help clients maintain a safe and meaningful relationship with their children when appropriate.
  • Protect children from harm when one parent poses a legitimate danger.
  • Align with the ethical and professional obligations of the attorney, ensuring integrity in representation.

Moreover, judges look for evidence that supports a child-first approach, as their primary responsibility is to rule in favor of the child’s best interests. Adopting these strategies demonstrates the attorney’s commitment to both the child and the judicial process.

Dr. Norris emphasizes the importance of collaboration, stating, “Attorneys that collaborate with forensic experts have better outcomes… They guide attorneys to actually help their clients reduce litigation, using their children as weapons, and making fear-based decisions.”

5 Little-Known Legal Strategies to Prioritize Children in High-Conflict Cases

  1. Focus on Best Interest Factors
  2. Leverage Reliable Technology
  3. Encourage Coping Skill Development for Long-Term Co-Parenting Health
  4. Avoid Over-Litigation and Maintain Professional Boundaries
  5. Collaborate with Forensic Experts to Investigate Allegations Thoroughly

Let’s dive into the details of these strategies to ensure a child-first approach.

1. Focus on Best Interest Factors

Centering your case around statutory best-interest factors ensures decisions are grounded in evidence rather than emotion. This approach helps keep the focus on the child’s well-being rather than becoming entangled in disputes between parents. Attorneys should resist filing motions for every client complaint and instead focus on issues that materially affect the child.

Dr. Norris emphasizes, “The focus of children’s well-being is sifting through the allegations, identifying if abuse according to the statute exists, and focusing on the best interest factors. This helps children to love both parents and helps the parents, long-term, to hit reset and change their unhealthy coping skills into healthier ones.”

2. Leverage Reliable Technology

In high-conflict cases, technology can play a crucial role in reducing conflict and safeguarding children’s best interests. However, unreliable tools can backfire, making it essential to choose trustworthy, evidence-based solutions.

Communication platforms like Our Family Wizard and Talking Parents provide reliable ways to streamline and document conversations between co-parents. These apps create a clear, accessible record of interactions, helping to minimize misunderstandings and allowing parents to present objective evidence if one party behaves inappropriately.

When substance abuse is involved, tools like Soberlink’s alcohol monitoring system add a layer of accountability. With features like facial recognition, tamper detection, and real-time reporting, Soberlink provides credible evidence that is nearly impossible to manipulate. Reliable data from tools like these can protect the child’s relationship with both parents when possible while highlighting potential risks when sobriety cannot be maintained.

By leveraging dependable technology, attorneys can build stronger, ethically sound cases that prioritize child safety and long-term stability. 

3. Encourage Coping Skill Development for Long-Term Co-Parenting Health

High-conflict cases often stem from unresolved emotional struggles or dysfunctional family dynamics. Attorneys should encourage their clients to seek individual therapy or counseling to develop healthier coping mechanisms and work toward co-parenting in a way that prioritizes the child’s well-being.

Dr. Norris underscores the importance of this approach: “Attorneys can help their client by being their attorney and not their therapist… Attorneys enmeshed with their clients only lead to more frequent litigation.”

Additionally, fostering healthier co-parenting dynamics can significantly improve long-term outcomes for children. “High-conflict divorce often stems from personality disorders, significant fear-based decisions, and wanting to harm the other party,” Dr. Norris explains. Helping clients shift from conflict to collaboration can reduce emotional turmoil and provide a stable environment for the child.

4. Avoid Over-Litigation and Maintain Professional Boundaries

Filing unnecessary motions not only strains the court but can also damage an attorney’s credibility. Dr. Norris advises, “Have your client wait two weeks before filing a motion—except in cases involving immediate harm to the child, self, or others.” This delay allows time for thoughtful, evidence-based decision-making, reducing emotional or reactionary litigation.

Maintaining professional boundaries is equally crucial. While attorneys should empathize with their clients, stepping into the role of emotional support can cloud judgment and derail the case. Staying focused on legal advocacy ensures clear, objective guidance and keeps the case aligned with the child’s best interests.

5. Collaborate with Forensic Experts to Investigate Allegations Thoroughly

Partnering with trained forensic experts can provide critical insights into the complexities of high-conflict cases. These professionals bring an objective perspective, helping attorneys understand family dynamics and prioritize the child’s mental health.

“Attorneys that collaborate with forensic experts have better outcomes, according to the research,” Dr. Norris notes. “It is important to find forensic experts who are extensively trained in the field because they really understand high-conflict and guide attorneys to actually help their clients to reduce litigation.”

Thoroughly investigating allegations is also key in high-conflict cases, where claims may often be exaggerated or emotionally driven. Dr. Norris recommends, “Ask yourself, ‘Is my client experiencing significant dysregulation?’ before acting on their claims.” By carefully vetting allegations, attorneys can ensure their actions are evidence-based and in line with the child’s best interests.

Conclusion

Family Court Awareness Month serves as an important reminder of the role family law attorneys play in shaping children’s futures. Dr. Norris encapsulates this responsibility: “The focus of children’s well-being is sifting through the allegations, identifying if abuse exists, and focusing on the best interest factors.”

By adopting these five lecgal strategies, attorneys can build strong, ethical, and evidence-based cases that prioritize children’s mental health and long-term well-being. While Family Court Awareness Month is just one month, the child-first approach must remain a consistent priority year-round.

To all the family law professionals who work tirelessly to advocate for children in high-conflict cases: thank you for the critical work you do. Your dedication makes a lasting difference every day.

 

 

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