Using the Range of Research Evidence to Help Inform Clinical Decision Making and Treatment for Family Court‐Involved Children and Families

Abstract

Over the past 20 years, a number of evidence‐based and evidence‐informed mental health treatment models, interventions, and best practices have emerged for use with a wide range of client populations, with many different mental health conditions and diagnoses. Unfortunately, many family court‐involved children and families do not have access to mental health programs and services that have been identified as evidence‐based or evidence‐informed. The reasons for this disparity are complex and multi‐layered. The primary aim of this paper is to identify the challenges and possibilities of adopting evidence‐based or evidence‐informed practices when working in the family court arena. To achieve this, the authors will describe a potential decision‐making model to help practitioners determine what is evidence‐based and evidence‐informed and what model or interventions may fit the context. This model has been referred to as a “levels‐of‐evidence” approach for evaluating family‐focused mental treatment interventions and programs and making informed clinical decisions to better serve children and families. As an example, the authors illustrate how a levels‐of‐evidence approach could be used to identify how evidence‐based practices such as Functional Family Therapy (FFT), designed for use in the juvenile justice setting, could be adapted for use in child custody cases. The authors hope this paper serves as a catalyst to further build a bridge between the family law and evidence‐based mental health research communities.

Counseling High Conflict: Navigating the Complexities of High Conflict Divorce

“…A counselor who desires to assist individuals and families going through this challenging process may become frustrated due to the often-diminished psychological functioning of their clients (Parkinson, 2000). Because most counselors are not specifically prepared to work with HCS/D families in their training (Fidnick et al, 2011), their conceptualizations and approaches are often divergent and/or polarized, leading them to be confused about what specific models to utilize (Davis & Sexton, 2021). Davis and Sexton (2021) make clear that HCS/D families may not have access to evidence-based or evidence-informed treatment methods and encourage counselors and incorporate models with empirical evidence.…”

“…Because most counselors are not specifically prepared to work with HCS/D families in their training (Fidnick et al, 2011), their conceptualizations and approaches are often divergent and/or polarized, leading them to be confused about what specific models to utilize (Davis & Sexton, 2021). Davis and Sexton (2021) make clear that HCS/D families may not have access to evidence-based or evidence-informed treatment methods and encourage counselors and incorporate models with empirical evidence. There are vast differences between the approaches mentioned here, but there are also similarities in that they all require a multifocus and multi-technique orientation that necessitates outstanding skill as well as a working understanding of the processes of HCS/D (Shumaker & Kelsey, 2020).…”

“…Efforts toward excluding a parent are understood through a list of descriptive terms: alienation, alienating behaviors, estrangement, restrictive gatekeeping, protective gatekeeping, programing and brainwashing, and parental denigration. Reports from parents, children, young adults, and counselors agree on the variety of behaviors and strategies a parent employs to impact childrens’ feelings, behaviors, and beliefs which lead toward damaging or destroying a child's relationship with the other parent (Clawar & Rivlin, 2013; Saini et al, 2016). Alienation and alienating behaviors occur more often in cases of high conflict (Gagne et al, 2005) and can lead to a plethora of mental health concerns for both parents and children.…”

“…Individual therapists are very likely to be involved with separating partners on their own considering the levels of heightened emotions and potential trauma associated with the often-unexpected life changes taking place. Many parents and stakeholders involved in the case initially gravitate towards and recommend individual treatment planning in lieu of systems focused conceptualizations and interventions (Davis & Sexton, 2021). Counselors are well-prepared to assist clients with anxiety, depression, substance use, and other intrapersonal concerns; these mental health concerns must be treated uniquely and individuals experiencing HCS/D are no exception.…”