The View from the Other Side: How Parents and their Representatives View Family Court. (30th June 2021)

• Record Type: Journal Article
• Authors: Stephens, Tricia N.; Katz, Colleen Cary; Pisciotta, Caterina; Lens, Vicki
• Is Part Of: Family court review. Volume 59:Number 3(2021)
• Page Start: 491
• Page End: 507
• Publication Date: 2021-06-30
• Subjects: Class Bias -- Child Maltreatment -- Family Court -- Racial Bias -- Styles of Judging -- Therapeutic Jurisprudence -- Trauma; Domestic relations courts -- United States -- Periodicals; 346.7301505
• DOI: 10.1111/fcre.12590
• Languages: English
• ISSNs: 1531-2445

Abstract

Abstract : This qualitative study brings together the voices of parents and their representatives, including attorneys, social workers and parent advocates, to understand the lived experiences of child welfare involved parents as they navigate Family Court, and how to improve it. The findings suggest that these courts are difficult to navigate for both parents and their representatives, and are often experienced as punitive and unsupportive spaces. The findings also reveal a strong congruence between how parents and their advocates wish the courts to operate (and how they sometimes do), and the principles of therapeutic jurisprudence (TJ), which recognizes the emotional and psychological toll legal proceedings can take and suggests ways to minimize that harm. Parents' relationship with their judge and the judge's ability to understand and connect with them are identified as transformative factors in the courtroom. Key Points for the Family Court Community: The fast paced and often harsh environment populated with multiple actors make navigating the Family Court system challenging for both parents and their representatives. Contextual factors, such as trauma, and race and class bias multiply the often negative and anti‐therapeutic effects of Family Court. Judges have a key role in mediating these contextual factors, and providing a supportive and therapeutic environment for adjudicating claims of child maltreatment Specific behaviors that exemplify TJ are identified, and suggestions made as to how they can be applied in the court room.