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Doing no harm: avoiding iatrogenic impact in Family Law cases

Doing no harm: avoiding iatrogenic impact in Family Law cases. Charles Asher, JD Hon. Michael Scopelitis Matthew Sullivan, Ph.D. AFCC, Indianapolis, October, 2011. Iatrogenic. The term iatrogenesis means brought forth by a healer (from the Greek iatros , healer)

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Doing no harm: avoiding iatrogenic impact in Family Law cases

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  1. Doing no harm: avoiding iatrogenic impact in Family Law cases Charles Asher, JD Hon. Michael Scopelitis Matthew Sullivan, Ph.D. AFCC, Indianapolis, October, 2011

  2. 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.

  3. Conflict pyramid

  4. 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.

  5. 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.

  6. 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

  7. 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

  8. 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

  9. Contextual/Surrounding System • Extended family • Grandparents, new significant others, • Professionals • The helping hand strikes again • The legal-adversarial system

  10. The tragic legacy of the Litigation Context • Litigants don’t make good coparents • Representation - advocacy • Distrust • Sabotage • Win/lose • Chaos • Unilateral action • In the name of the child • Focus on the problem being the other parent -adversaries • Depleted resources - financial,emotional • Dependency on litigation

  11. 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

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

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