IDENTIFYING CHARACTERISTICS OF HIGH CONFLICT CASES:

  • When mediation has not been successful or has been determined by the judge to be inappropriate
  • When anger and distrust result in difficulty in communication about the children and there is extreme distortion in the reporting of past events by each parent
  • When children are denied emotional and/or physical access to a parent or severely limited to parental contact
  • When there are allegations that the children are refusing to see the other parent
  • When there are restrictions regarding children's access to extended family members
  • When there is interference or refusal of access to information about the children's access to extended family members
  • When there are constant disputes about un-measurable or un-provable items and the parents are unable to agree to anything substantive concerning the children
  • When there are physical threats, stalking and/or assaults made by either or both parents and/or a history of or pending domestic abuse proceedings
  • When a parent withholds support payments
  • When there is a high rate of re-litigation, especially concerning non-legal issues, or when there has been frequent changes in lawyers or prior proceedings in another state
  • Where there is constant use of police and restraining orders with no or minimal cause and false allegations about abuse, alcohol or drug use, or criminal activity
  • When there is pathology involved as to either parent: personality disorder, mental or emotional illness, or addiction

* It may be interesting to note that children define parental conflict as:

  • parent refusing to speak with the other when children are picked up or dropped off;
  • parent refusing to open the door to the other parent;
  • parents arguing violently in their presence;
  • parents insisting that they carry verbal or written communications between homes about late support payments or missed visits; and
  • parents physically assaulting each other in their presence

* The Early Identification and Streaming of Cases of High Conflict Separation and Divorce: A Review

(last updated 3/30/04),

Linda Fieldstone, M.Ed., Supervisor Family Court Services, 11th Judicial Circuit