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Old 03-10-2006, 06:27 PM
bearall bearall is offline
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Default GDGM...for what its worth part 2

To stop the needless abuse of children, the Courts must:
  • As a first step, to ensure fairness and to ensure in its orders that BOTH parents are treated equally. This is the most powerful and effective way for the court to gain respect for its orders..
  • Shared parenting and shared responsibilities in raising the child must be given top consideration. When both parents know that they have a legally recognized status in their child's life, then both parents will focus on maintaining their status by being the best parent they can rather than trying to get the other parent out of the child's life and risk having their parenting status removed by the court.
  • Provide BOTH parents the opportunity to demonstrate their ability to parent the child before making any final custody Order. When both parents know they will have the opportunity to demonstrate their parenting abilities their will be less incentive to make false allegations during the early stages of separation.
  • All factors considered relevant to the "best interest of the child" must be considered each and every time that matters affecting custody are reviewed. Special considerations must be made to the parent that demonstrates the willingness and disposition to promote a relationship with the other parent and to consistently act in the best interests of the child.
  • In severe cases, where parents flaunt the law, and continue to abuse their child by interference of access, then imprisonment must be considered as an option.
In summary, the courts can be effective tool in eliminating child abuse caused by interference of access, providing they exercise their power in an appropriate and measured manner.

WHAT MAKES AN EFFECTIVE COURT ORDER?
Some of the points that an effective Court order will include
  • a clearly specified hierarchy of penalties for the custodial parent based on the nature of the offenses committed: The court order should provide clear-cut provisions for how a situation is to be handled if a parent violates the terms of the order. The penalties should be clearly outlined in a step-by-step manner and administered as required.
  • The court must be willing to carry out those penalties as necessary to ensure that the parents respect the Order of the Court.
  • Court Orders must clearly specify the dates, rimes, and conditions of visitation exactly. The court cannot leave it up to the custodial parent to carry out the visitation. It must direct all the parties around the custodial parent to comply, not only one of the parents. All loopholes typically found in most traditional court Orders must be closed up.
  • Specifically, in situations where one of the parent has been late in exchanging a child, that make up times be allotted to the other parent including a penalty. In this way, the interfering parent learns that there is nothing to gain by attempting to interfere with the child's access to the other parent.
  • Order that a third party to monitor the family and act as a mediator and/or conflict resolution person. This will help ensure that the parents mind their manners until such time as they have learned new skills to cope with a co-parenting arrangement and cooler emotions prevail.
  • appointment of an individual to monitor and supervise the parents until such time as the parents have developed new skills as parents and have addressed their hostile emotions. The monitor should be someone who is agreeable to both parties or someone in whom the court has confidence.
  • precise authorization for parents to have the rights to any and all records and information from the school and to permit both parents free access to the child during school hours.
  • precise authorization for both parents to deal with all personnel involved in any activity involving the child to provide whatever rightful access is due the non-custodial parent: The court order should state clearly that any individual representing any organization that involves the child, be it educational, financial, medical, professional, recreational, religious, or otherwise, is instructed to provide both parents full and open access to any and all activities, information, schedules, and any other pertinent items or knowledge relevant to their involvement with the child.
  • A clause to reserve the right of the parents, upon mutual consent to make minor changes to the contents of the court order so that it can be flexible to meet changing needs.
  • In higher conflict situations it is suggested that a precisely defined neutral location for visitation transfers be chosen. Ideally, the chosen site should be in a neutral setting where conflict is less likely to occur and when there is no strategic advantage for the interfering parent. Examples include the lobby of a police station, a church leader's office, the main entrance to a shopping center, the home of a mutually agreeable third party such as a family coordinators, or an access center.
  • A clause to reserve the right of the court to modify the contents of the court order at any time and the right to enforce it in any manner deemed necessary. This clause provides the court full discretion for the implementation, modification, and enforcement of the court order.
  • A non interference clause that clearly state that any individual involved in any activity with the child to not engage in any behavior that would cause interference with the relationship between the child and either of the parents. The court order should state clearly that this directive applies to any individual involved with the child in any capacity (such as group functions, instructional activities, professional activities, recreational events, team sports, etc.), including but not limited to friends, relatives, neighbors, professionals, and other acquaintances.
Many time parents who interfere with access, do so without those around them knowing what they are doing. Parents will sometimes deny access and then tell neighbours that the other parent did not show up. Interfering parents, in general, know that interference in access is wrong and will attempt to continue to do so providing that they feel that they can do it without others around them knowing the truth. If a parent knows that their friends and neighbours will find out about what they are doing, in most cases they will cease their behaviour.
  • In some cases, the court may direct the violating parent to make his or her problem with visitation interference a public event: the court might make the violating parent's "recovery" public as well. Thus, one might consider having the violating parent:
  • apologize to the children and victimized parent in the courtroom and promise to not interfere again;
  • write a letter of apology to other involved individuals, such as school personnel, team sports coaches, and the like; or sign a statement affirming commitment to the contents of the court order and requesting anyone who reads it to abide by it.
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