Services to Divorcing Families: Diversifying Your Practice

1. Services to Divorcing Families: Diversifying Your Practice American Association for Marriage and Family Therapy, September 1, 2019 Jeff Chang, PhD, R.Psych. Athabasca University & Calgary Family Therapy Centre Drjeffchang.webs.com

2. Session Description The presenter will orient MFTs to 10 distinct services that MFTs can provide. Using the Core Competencies for MFTs, we will discuss the competencies that MFTs can build on. We will discuss how MFT can enhance their existing competencies, develop new ones to offer specialized services such as mediation and parenting coordination, and develop pathways for networking and marketing.

3. Land Acknowledgement I wish to acknowledge that we’re meeting on the historical lands of the Karankawa, Caddo, Apache, Comanche, Wichita, Coahuiltecan, Neches, Tonkawa peoples. We give thanks for the ability to meet here.

4. To access the PowerPoint: Drjeffchang.webs.com  Speaking Engagements & scroll to the bottom To access the article: Chang, J. (2016). Postdivorce counselling and dispute resolution: Services, ethics, and competencies. Canadian Journal of Counselling and Psychotherapy, 50(3S), S23–S42.

5. Learning Objective • Articulate the services that MFTs can provide to families experiencing divorce. • Evaluate my competencies to provide appropriate services to divorcing and post-divorce families. • Develop a plan for building on my competence and marketing services.

6. Context and Background

7. Context and Background Alberta’s Oil Sands

8. Calgary, Alberta, Canada

9. Calgary, Alberta, Canada

10. Calgary, Alberta, Canada

11. Calgary, Alberta, Canada

12. My Background • Professor at Athabasca University • Private practice – evaluations and litigation support for 25 years • Clinical supervisor and therapist at Calgary Family Therapy Centre • Seeing families experiencing high conflict separations and post-separation parenting

13. My Background • PI for controlled multi-site study of New Ways for Families (funded by Palix Foundation)

14. Assumptions • The adversarial legal system can exacerbate divorcing parents’ conflict • “… family justice issues are primarily social and relationship problems that contain a legal element” (Reforming the Family Justice System, Alberta) • …but the legal element often takes over

15. Assumptions • Because of this, practitioners who are not equipped to think systemically, and who think in individual terms, can end up: • Pathologizing individuals unnecessarily • Being drawn into a coalitions with one parent • Elevating children in the family hierarchy too much

16. Assumptions • We need more systemic therapists to work with divorcing families. • MFTs are a minority compared to psychologists, social workers • We need to support one another to develop our competence at this

17. Assumptions • …. Especially with high conflict separations/divorces!! (Anyone want to help me start a Topical Interest Network “Divorcing and Divorced Families???)

18. Services Listed in order from least to most • intrusive/evaluative, • client vulnerability • ethical risk to practitioner….

19. Services • Parent education • Individual adult therapy • Individual child/adolescent therapy • Family therapy • Family mediation • Parenting coordination • Co-parenting therapy • Therapeutic facilitated access

20. Services • Formal assessment and expert evidence • Bilateral parenting evaluation • Expert evidence on child development, family, or psychological issues • Litigation support

21. AAMFT Code of Ethics Code of Ethics: • I.2 Informed Consent • I.3 Multiple Relationships • 1.13 Relationships with Third Parties • 3.1 Maintenance of Competency

22. AAMFT Core Competencies and Beyond Core Competencies MFTs (particularly graduates of COAMFTE- accredited programs have competence in: • theories and models of human functioning (individual and family-based) • lifespan development (including child development) and family life cycle (including dynamics of divorce) • ethics • social justice • models of family and couple therapy

23. AAMFT Core Competencies and Beyond Basic competence • Parent education • Individual adult therapy • Individual child/adolescent therapy • Family therapy Most MFTs will be able to do this. Requires increased knowledge of divorce process beyond the basics – some programs have a course in divorce processes. Some ethical issues require particular care.

24. AAMFT Core Competencies and Beyond Advanced competence • Family mediation • Parenting coordination • Co-parenting therapy Competent/licensed MFTs have the component skills they need. It’s necessary to learn advanced procedures. Voluntary associations (e.g., AFCC) have model standards of practice – “best practice”

25. AAMFT Core Competencies and Beyond Specialized competence • Therapeutic facilitated access • Formal assessment and expert evidence (sometimes called a “limited-purpose” assessment) • Bilateral parenting evaluation (sometimes as Guardian at Litem or Amicus Curiae) • Expert evidence on child development, family, or psychological issues • Litigation support

26. AAMFT Core Competencies and Beyond Specialized competence • Typically court ordered • Specialized procedural training and clinical supervision • Basic knowledge of legislation and case law • Personal capacity (POT work) to deal with conflict (parents’ and lawyers’ conflict with each other, cross-examination and other forms of “attack”) • Capacity to avoid triangulation

27. AAMFT Core Competencies and Beyond • Expert witness skills • Managing highly conflictual interactions • Maintaining even emotional demeanor in the face of provocative and blameful statements (“poker face”) • Practitioner neutrality • Best interests of the children = effective parental decision-making

28. AAMFT Core Competencies and Beyond • Countertransference • Avoiding triangulation • Dealing with helplessness • Parallel process/isomorphism • Dealing with professional attack – sometimes via complaint to regulatory bodies

29. Networking and Competence If it’s something beyond the “basic competence” level -- • High conflict divorce work is hard work and can be heart-breaking. • Scares us many practitioners off • Area of practice drawing the plurality of ethical complaints

30. Networking and Competence What am I permitted to do? • “Can a LMFT do mediation?” • “Can only psychologists do a child custody evaluation?” • Legal principle: “Everything which is not forbidden is allowed,” but if we want to maximize competence (and minimize risk) – we should seek maximum competence

31. Networking and Competence What am I permitted to do? • Are there any restrictions on the license you hold? (not yours specifically) ;) • Are some restricted acts (e.g., diagnosis, certain psychological tests) reserved for some professions?

32. Networking and Competence • Are there some activities that, by the demands of the market, or tradition in a particular location, have been dominated by a profession (e.g., psychologists)? • Is there an appetite for change in your community?

33. Networking and Competence Lawyers • Local, county, regional, state or provincial bar associations’ family law interest groups • Directories, lunches (sometimes they will permit non-members), training events • Collaborative Family Law

34. Networking and Competence Lawyers • Family lawyers in your community – • take them out for lunch and ask them what they need • Gaps in services and wish lists

35. Networking and Competence Therapists (psychologists, LPCs, LCSWs, and LMFTs) • The field is so underserviced, especially for parents for high-conflict parents, they may welcome you instead of seeing you as competition. • The specialists likely have enough business.

36. Networking and Competence Parent education • Many jurisdiction have mandatory parent education if a divorcing couple has children… • Get your feet wet by offering this or getting hired by the organization that delivers this. • New Ways for Families: add it to your practice.

37. Networking and Competence Mediation and parenting coordination • Mediation or alternate dispute resolution (ADR) associations for mediation and parentingcoordination training. • Requirements for court-certified mediators across the USA • Some local jurisdictions and states have established mediation rosters; only members of the rosters can be court-appointed

38. Networking and Competence Mediation and parenting coordination • Some organizations offer “certifications” for mediation or parenting coordination, requiring a specific number of cases supervision.

39. Networking and Competence Association of Family and Conciliation Courts (AFCC) • judges, lawyers, and mental health professionals • Great conferences (late May/early June), monthly webinars • Local chapters in some places with “supper clubs” – dinner and a presentation

40. Networking and Competence AFCC • Publications • Model standards or best practice guidelines for mediation, parenting coordination, limited scope assessment, using social science research in family law, and bilateral parenting evaluation

41. Networking and Competence Public resources • Are the publicly funded mediation or evaluation services (either state of local employees at the courthouse, or a pot of contract dollars? • Can you connect with the local staff? • How does one qualify for contract dollars?

42. Networking and Competence Evaluations • Is this the domain of psychologists and is there are good reason for this (AFCC does not say one has to be a psychologist)? • Do you have to qualify for a GAL or Amicus roster? If so, how? Or, is this just a matter of becoming well known by family lawyers?