doing no harm: avoiding iatrogenic impact in family law cases

Doing no harm: avoiding iatrogenic impact in

Family Law casesCharles Asher, JD

Hon. Michael ScopelitisMatthew Sullivan, Ph.D.

AFCC, Indianapolis, October, 2011

Iatrogenic The term iatrogenesis means brought

forth by a healer (from the Greek iatros, healer) Of or relating to illness caused by

examination or treatment.

Conflict pyramid

Litigation is a process that was developed for property disputes where there is not an enduring relationship post adjudication. The damage to ongoing relationships of the adversarial process was not a priority in developing the system.

Impasses to Divorce*

Intra-psychic Interpersonal Contextual/Systemic

Result in the failure to make the structural transition to functional coparents

*Johnston, J.R. & Campbell, L. (1988). Impasses of Divorce: The Dynamics and Resolution of Family Conflict. NY: Free Press.

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Intra-psychic:Personality Pathology

Enduring pattern of maladaptive behavior Onset by early adulthood Rigid and unchanging These patterns of behavior cause significant

distress in multiple domains of functioning They are outside the cultural norm

Personality Disorders

Cluster B Disorder (Engage Conflict) Histrionic: dramatic, intense, prone to

fabrication, borderline traits Borderline: extreme mood swings, fear

abandonment Narcissistic: preoccupied with self, entitled,

repression Antisocial: lack empathy, willing to hurt,

disregard societal rules, narcissistic

Interactional Level Legacy of a destructive marriage

High conflict is toxic, not divorce Ambivalent separation

shattered dreams Court processes are a forum to continue

engagement Traumatic separation

Negative reconstruction of other parent

Contextual/Surrounding System

Extended family Grandparents, new significant others,

Professionals The helping hand strikes again

The legal-adversarial system

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The tragic legacy of the Litigation ContextLitigants don’t make good coparents

Representation - advocacyDistrust SabotageWin/loseChaosUnilateral action In the name of the childFocus on the problem being the other parent -

adversariesDepleted resources - financial,emotionalDependency on litigation

Impact on Children Impaired reality testing Inaccurate perception and evaluation Separation difficulties Parentification (other focused) “Surreal sense of not existing”, Johnston

and Roseby Interference with identity development

Childhood experience in the post-divorce family is a training ground for personality pathology.