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ATHABASCA UNIVERSITY
UNIVERSITY OF CALGARY
UNIVERSITY OF LETHBRIDGE
ASSESSMENT GUIDELINES FOR MOBILITY IN CHILD CUSTODY CASES
BY
VIKKI SMALL
A Final Project submitted to the
Campus Alberta Applied Psychology: Counselling Initiative
in partial fulfillment of the requirements for the degree of
MASTER OF COUNSELLING
Alberta
December, 2005
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ABSTRACT
Guidelines are developed for use by custody assessors in
mobility cases, whereby the custodial
parent wishes to relocate with the child following divorce,
while the non-custodial parent wishes
the child to remain in the present jurisdiction. An extensive
literature review provides the
foundation for guideline development, which aim to serve
childrens best interests regarding
mobility recommendations. Particular areas of inquiry include
the importance of parent-child
relationships, parenting capacity, and environmental stability.
Current case law regarding
mobility determinations within Canada is also examined. The
procedures for project completion
are described, as well as the projects utility, strengths, and
potential limitations. An appendix of
the guidelines handbook, as prepared for distribution among
assessment professionals, is also
presented.
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ACKNOWLEDGEMENTS
My first note of thanks goes to Dr. Cheryl Kier, my project
supervisor, for all your wonderful
support and encouragement. The professionalism you brought to
this project was truly inspiring,
and all your time and effort much appreciated. I also wish to
thank Dr. Tanja Haley for being my
projects second reader, and for offering valuable insight to the
finished product. Gratitude must
also be expressed to Dr. Larry Fong, Eileen Ailon, and the other
psychologists of Fong Ailon
Canniff who have not only been incredibly helpful and supportive
throughout my education, but
inspired me to pursue this vocation in the first place. Finally,
I wish to thank my friends and
family, especially my husband Kerry, and our son Thatcher, who
have always been there for me,
cheering me on, and making me believe this star really is within
my grasp. So for that and
everything else you do, Thank you.
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TABLE OF CONTENTS
Signature Pages ii
Abstract.iv
Acknowledgements....v
Table of Contents..vi
PART I: INTRODUCTION
Chapter I: Project Description and Rationale....1
PART II: THEORETICAL FOUNDATION
Chapter II: Parent-Child Relationships.4
Chapter III: Parenting Capacity......13
Chapter IV: Environmental Stability...17
Chapter V: Case Law of Mobility Determinations..24
Chapter VI: Applied Value of Existing Literature: A Summary
.29
PART III: PROCEDURES
Chapter VII: Conducting the Literature Review..33
Chapter VIII: The Development of Assessment Guidelines.36
PART IV: SYNTHESIS AND IMPLICATIONS
Chapter IX: Project Utility......38
Chapter X: Potential Limitations.....40
References. 42
Appendix: Childrens Best Interests After Divorce: A Guide for
Mobility Assessment. 55
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PART I: INTRODUCTION
Chapter I
Project Description and Rationale
Child custody determination is one of the most difficult issues
facing courts today. The
matter of mobility is particularly contentious, which refers to
cases whereby a custodial parent
wishes to relocate with the child to another geographic region,
while the other parent wants the
child to remain behind so that frequent and regular contact may
be maintained (Braver, Ellman,
& Fabricius, 2003). Guidelines generally dictate that such
decisions be made with the best
interests of the child as the primary standard (American
Psychological Association Committee on
Professional Practice and Standards, 1994; College of Alberta
Psychologists, 2002). However, a
childs best interests may not always be readily apparent in
mobility cases and as a result, the
legal community often seeks the expertise of mental-health
professionals to assist in such
determinations (Lee, Beauregard, & Hunsley, 1998; Simons
& Meyer, 1986). Psychologists who
act as mobility assessors, then, seek varied information to
assist the courts in their decision
making, particularly regarding what is best for the childs
overall development.
Project Structure
This final project begins with a review of childrens
developmental needs pertaining to
divorce, and how a child may be affected if a custodial parent
relocates, leaving the non-custodial
parent behind. This literature review serves as the theoretical
foundation for assessment guideline
development. The procedures employed during this project are
subsequently described, including
how the literature review was conducted and how the guidelines
document entitled Childrens
Best Interests After Divorce: A Guide for Mobility Assessment
was created. Project outcomes
are then synthesized such that the works potential utility is
described and possible limitations are
discussed, followed by a complete list of references utilized in
the literature review. The project
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concludes with an appendix of the guidelines product, which
presents the handbook as it may be
distributed to assessment professionals.
Childrens Post-Divorce Adjustment
The immediate aftermath of parental divorce is often a period of
emotional distress for
children, such that emotional problems such as anxiety,
depression, anger, guilt, and resentment,
may be evidenced (Amato, 2000; DeHart, Sroufe, & Cooper,
2000; Hetherington, 1993;
Hetherington et al., 1986; Hetherington & Elmore, 2003;
Hetherington & Stanley-Hagan, 1999;
Lowery & Settle, 1985; Peretti & DiVitorrio, 1992;
Wallerstein 1986, 1987, 1989). Children may
also develop behavioural problems following their parents
divorce, such as aggression, non-
compliance, delinquency, low academic performance, and low
self-control (DeHart, et al., 2000;
Chase-Lansdale & Hetherington, 1990; Hetherington, 1993;
Hetherington et al., 1998;
Hetherington & Elmore, 2003; Wallerstein 1986, 1987, 1989).
In fact, it has been asserted that
children of divorce are 2 to 3 times more likely to suffer
adjustment difficulties than children
from non-divorced families (Akre, 1992 as cited in Krauss &
Sales, 2000).
Further, many children of divorce continue to be affected well
into their adulthood by
displaying low socioeconomic status, poor emotional stability,
marital problems, and a greater
likelihood of their own marriage ending in divorce (Amato, 2000;
Hetherington & Stanley-
Hagan, 1999). Factors that may protect the long-term social,
emotional, and psychological
development of children, therefore, must be considered as part
of comprehensive evaluation. The
ultimate goal of assessment, then, is to recommend an
environment that will hold and protect the
child during subsequent years such that healthy adjustment
results (Wallerstein, 1991b, p. 452).
Relevance of Guidelines for Mobility
Since it is estimated that approximately 25% of custodial
mothers relocate within 4 years
of separation and divorce (Braver et al., 2003), and since
stability is regarded as one of the more
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important predictors of child adjustment post-divorce (Lowery,
& Settle, 1985; Twaite, Silitsky,
& Luchow, 1998), research exploring custodial relocation is
particularly salient. Statistics also
indicate that in recent years as many as 28% of children reside
in different provinces, and 12%
reside in different countries, than their non-custodial parents
(Perry, Bolitho, Isenegger, &
Paetsch, 1992). Such data highlight the importance of mobility
considerations in contemporary
society.
However, while childrens best interests are emphasized in
current legislation, the
literature remains unclear as to what precisely meets this
requirement (Gould, 1999a; Halon,
1990; Lee et al., 1998; Rohman, Sales, & Lou, 1987). In this
regard, while childrens needs are
ostensibly at the forefront, court decisions are often made
irregularly on a case-by-case basis
(MacDonald & Wilton, 2004). Moreover, there has long been a
tendency to award maternal
custody based on the tender-years standard of child development,
whereby the mother is
perceived as the most appropriate parent to provide primary care
in the childs early years (Klaff,
1982; Neugebauer, 1989; Sherkow, 2005). The tender-years
doctrine has been challenged more
recently, however, due not only to emphasized social and legal
equity between the genders (Artis,
2004), but increased concern over the presumption that the
mother is the parent most attendant to
the childs needs (Jackson & Donovan, 1990; Lowery, 1985).
Different standards for presuming
childrens best interests are therefore required. Finally, while
guidelines are presently available
regarding custody assessments on the whole (American
Psychological Association Committee on
Professional Practice and Standards, 1994; College of Alberta
Psychologists, 2002), little data
exist regarding relocation issues in particular. More
objectified criteria must be developed,
therefore, to guide assessment practice in mobility cases.
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PART II: THEORETICAL FOUNDATION
Chapter II
Parent-Child Relationships
Relocation following divorce has particular implications for the
development and
preservation of childrens relationships with parental figures.
These intimate relationships with
significant others, known as attachments (Willemsen &
Marcel, 1995), have important long-term
implications for a childs intellectual, behavioural, and social
development (Bowlby, 1969;
Martin, 1975; Demo & Cox, 2000), such that extended
separations from parental figures may not
be in the childs best interests (Chase-Lansdale &
Hetherington, 1990; Kelly & Lamb, 2003;
Rohman et al., 1987; Wallerstein, 1986, 1987). Assessment,
therefore, must consider how
changed geographic residence impacts parent-child associations,
and thus child adjustment, in the
long term.
Relationship Formation
According to attachment theory, cognitive processes are very
primitive during the first
two months of life and consequently, children need continued
interaction to form meaningful
parental relationships (Bowlby, 1969; Gardner, 1999; Martin,
1975; Takahashi, 1990). Months
two through seven typify social interaction between parent and
child, such that interruptions to
frequent and extended contact may disrupt the fragile
attachments beginning to form (Bowlby,
1969; Kelly & Lamb, 2003). Contrary evidence indicates,
however, that infants six months and
younger may be too cognitively immature to be adversely affected
by parental separation as
infants in this age range may not have yet have formed strong
attachments to primary caregivers
(Kier & Lewis, 1997), suggesting that relocation may have
minimal negative effects for very
young children.
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The most tenuous period of parent-child attachment is between 6
and 24 months such that
separation from primary caregivers becomes increasingly intense
and distressing to children
(Bowlby, 1969; Kelly & Lamb, 2000). As a result, infants and
toddlers need regular interaction
with their attachment figures in order to foster, maintain, and
strengthen their relationships
(Thompson, 1998 as cited in Kelly & Lamb, 2003, p. 194).
Extended parent-child separations
during early childhood, therefore, may unduly stress tenuous
attachment relationships to the
detriment of child adjustment (Kelly & Lamb, 2000). Further,
child development research
generally indicates that poor attachment formation significantly
undermines a childs sense of
security and safety, which may then lead to increased
maladjustment behaviour (Demo & Cox,
2000). Thus, when custodial parents move with the child to
another geographic region, weakened
or non-existent attachment to the non-custodial parent is often
the result (Kelly & Lamb, 2003).
As the child matures, however, research shows that attachment
relationships begin to
change. After two years of age children may engage in meaningful
communication with parental
figures and refer to internalized images when caregivers are
absent (Kelly & Lamb, 2003).
Children in this age range, then, may tolerate more extended
separations with less stress than do
younger children, provided meaningful contact is regularly
maintained (Maccoby, Buchannan,
Mnookin, & Dornbusch, 1993). Further, research indicates
that short-term visitation with the
non-custodial parent does not harm attachment relationships with
the custodial parent (Bray,
1991), but such visits should be less frequent and of less
duration for younger children who have
greater difficulty separating from primary caregivers (Kelly
& Lamb, 2003). Such findings have
important implications to mobility cases, whereby increased
residential distance may result in
lengthened visitation with the non-custodial parent.
More negative effects have been noted, however, if parents
separate during the first five
years of a childs life than if marital breakdown occurs later
(Woodward, Fergusson, & Belsky,
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2000 as cited in Kelly & Lamb, 2003), signifying that these
early years represent a critical
period of development (Hetherington, 1972, p. 324). As Takahashi
(1990) contends:
[T]hrough the interactions with a given affective figure, a
person acquires some social skills in interacting not only with the
target figure, but also with persons similar in some ways to the
figure [such that] prior relationships will provide a naïve theory
of relationships (p. 21).
In other words, early emotional bonds have considerable impact
on subsequent social adjustment,
regardless of whether the child lives in a single or two-parent
home. In this way, younger
children and toddlers require frequent physical and social
involvement with both of their parents
to develop and maintain healthy parent-child attachments over
time (Kelly & Lamb, 2003).
Attachment relationships, therefore, are promoted through
periods of interaction such that
feelings of closeness result in stronger emotional involvements
between parent and child
(Furstenberg & Nord, 1985). Established patterns of
parent-child involvement may even continue
across the lifespan to influence interactions with ones own
children (Cassidy & Berlin, 1994). It
may be understood, therefore, that how a child interacts with
parental figures may significantly
indicate how that individual will interact as he or she matures,
suggesting that attachment
relationships have continuity across different stages of
development (Takahashi, 1990). The main
objective of mobility assessment, then, is to help ensure that
trusted parental relationships remain
a source of stability and security for children in the long
term.
Parent-Child Relationships Post-Divorce
Since parent-child attachment is attributed to positive
developmental outcomes for
children, custodial preference should be given to that parent
(regardless of gender) with whom
the child has developed the stronger, healthier psychological
bond (Gardner, 1999, p. 2), usually
the primary caregiver (Goldstein, Solnit, Goldstein, &
Freud, 1996). Therefore, while children
generally benefit from active involvement (Hetherington et al.,
1986) or even residence (Santrock
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& Warshak, 1979) with their same-sex parent, data show that
81% of children from divorced
homes reside with their mother (Statistics Canada, 2005). The
following discussion of parent-
child relationships, therefore, generally assumes the mother is
the custodial, residential parent and
the father is the non-custodial, visiting parent within the
post-divorce family dynamic.
Relationship with the custodial parent. Perhaps the most
important single protective
factor [for children of divorce] is the quality of the
relationship with the residential custodial
parent (Hetherington & Stanley-Hagan, 2000, p. 63;
Wallerstein, 1991a). Regarding maternal
involvement in particular, developmental literature suggests
that insufficient mother-child contact
leads to insecure or ambivalent attachment such that the child
is uncertain, fearful, or socially
inhibited (Cassidy & Berlin, 1994; Willemson, 1995), as well
as anxious or avoidant of motherly
interaction (DeHart et al., 2000). Such findings are reflective
of mother-child relationships
regardless of the parents marital status, and lend support for
maternal sole custody in a childs
early years (Sherkow, 2005). Following divorce, research
indicates children and adolescents
generally experience healthier psychological, emotional, and
behavioural adjustment if a close
relationship is particularly maintained with the mother (Felner
& Terre, 1987; Maccoby,
Buchanan, Mnookin, & Dornbusch, 1993). Data indicate that
those youths living with their
fathers, particularly adolescents, may be less well adjusted
than those living with their mothers or
in dual residence (Buchanan, Maccoby, & Dornbusch, 1992;
Maccoby et al., 1993). The
implication may be that the mother-child relationship is of
primary importance to the childs
psychological and emotional development, not the relationship
with the father, suggesting the
mother may relocate with the child without significant detriment
to his or development.
Having said this, while a strong relationship with the custodial
mother is important to
child development, research also indicates that some children
residing with their mothers are
more likely to experience emotional, psychological, and
behavioural difficulties than are children
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residing in non-divorced homes (Kerr, 2004). In other words,
child adjustment is significantly
contingent upon a positive relationship with the custodial
parent, not whether it is the mother who
has custody or the father who has custody. The main difference
appears, then, to be more a
reflection of supportive parenting than the living arrangement,
such that children who receive
constructive interaction with their primary caregivers have
healthier adjustment in the long term
(Kerr, 2004). Such conclusions have important implications for
mobility as assessors must
evaluate which living arrangement is best for the child, and not
make recommendations based on
parental gender.
Relationship with the non-custodial parent. While a quality
relationship with the custodial
parent significantly influences developmental outcomes for
children, healthy adjustment is also
contingent upon a quality relationship with the non-custodial
parent (Gunnoe & Hetherington,
2004; Hetherington, Law, & OConner, 1993). However, a
significant number of children have
reduced contact with the non-custodial parent due to increased
residential distance (Greene et al.,
2003). In this regard, the farther apart non-custodial parents
reside from their children, the more
difficult it becomes to maintain meaningful relationships due to
greater economic, logistic, (Kelly
& Lamb, 2003), and emotional barriers (Stewart, 1999).
Non-custodial fathers may also
disengage depending on how they psychologically react to the
perceived loss of their children
such that the more involvement a father had with his children
prior to the divorce, the more
difficult it is for him to cope with the new visiting situation
(Kruk, 1992, p. 96). Fathers without
custody, therefore, are generally more inclined to play a
passive, companionship-type role with
their children than are non-custodial mothers, who typically
maintain twice the contact with their
children than do non-custodial fathers, often by rearranging
their living situation to accommodate
visits from their children (Hetherington & Stanley-Hagan,
2000; Stewart, 1999). Moreover, non-
custodial mothers generally self-disclose, communicate, and
continue to engage meaningfully
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with their children more than do fathers post-divorce (Greene,
Anderson, Hetherington, Forgatch,
& Degarmo, 2003). Thus, while children from divorced homes
may have somewhat less intimate
relationships with their custodial mothers than do children from
non-divorced homes, the results
are small compared with the greater emotional distancing felt by
divorced children from their
non-custodial fathers (Guttman & Rosenberg, 2003).
On the other hand, the relationship many non-custodial fathers
have with their children
actually improves following divorce (Hetherington, Law, &
OConner, 1993; Kier, Lewis, &
Hay, 2000), and such paternal involvement is strongly correlated
with childrens psychological
and behavioral adjustment (Pruett, Williams, Insabella, &
Little, 2003; Rohner & Veneziano,
2001). In particular, developmental literature has found active
involvement by fathers in their
childrens lives is often perceived as an expression of warmth
and acceptance, which fosters
positive psychological development (Rohner & Veneziano,
2001). Without such paternal
acceptance, children are more likely to develop emotional and
behavioural difficulties
(Braungart-Rieker, Courtney, & Garwood, 1999) including low
self-esteem, social withdrawal,
aggression and conduct problems, poor academic achievement,
anxiety, and depression (Rohner
& Veneziano, 2001). These difficulties may be particularly
evidenced among boys who
experience limited identification with their male parents
(Peretti & DiVitorrio, 1992). Moreover,
active father involvement in married families also exerts a
positive influence on mother-son
relationships, and therefore indirectly benefits child
adjustment over time (Gjerde, 1986). It may
be concluded, then, that children who engage meaningfully with
their fathers over time are better
adjusted on a variety of measures than those children whose
fathers are absent following marital
breakdown (Pruett et al., 2003). Consequently, assessors must
not preclude the positive influence
fathers have on their children (Maccoby et al, 1993) when making
recommendations in mobility
cases.
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Impact of Parental Absence
Statistics indicate most children from divorced homes visit with
their non-custodial parent
on an infrequent basis, such that an average 31% see their
non-residential parent only a few times
per month, while 23% enjoy visitation only a few times per year
(Hetherington & Stanley-Hagan,
2000; Perry et al., 1992). Such parental absences leave many
children feeling intensely
disconnected and rejected (Emery, 2004; Grief, 1997;
Wallerstein, 1987), thereby increasing the
risk for a variety of psychological and behavioural problems
following divorce (Hetherington et
al., 1998; Kelly & Lamb, 2000; Ross et al., 1998b; Whiteside
& Becker, 2000).
In contrast, continued interaction with non-custodial parents
promotes the emotional
health and well-being of children from divorced families (Kelly
& Lamb, 2000). Research finds,
however, that it is the quality rather than the frequency of
contact that is most important
(Hetherington et al., 1998). A study conducted by Maccoby,
Buchannan, Mnookin, and
Dornbusch (1993) confirms this assertion, indicating that while
closeness with a non-custodial
parent depends upon face-to-face interaction, even a fairly
small amount of contact [appears]
sufficient to maintain close relationships (p. 32). In this way,
childrens attachment with primary
caregivers is more reflective of contact quality than of contact
frequency (Hetherington et al.,
1998; Rutter, 1979; Hetherington & Kelly, 2002; Maccoby et
al., 1993; Wallerstein, 1991b;
Whiteside & Becker, 2000). In other words, an arrangement
that supports even minimal parent-
to-child interaction is important to the continuance of
established relationships parents have with
their children provided these interactions are of sufficient
worth, and offer particularly
appropriate responses to the childs physical and emotional needs
(Solomon & Biringen, 2001).
Although contact quality is considered more important than
quantity, it is recognized that
close proximity between parent and child helps foster meaningful
interaction (Hetherington &
Stanley-Hagan, 2000; Warshak, 1992), particularly regarding
younger children who are still
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forming attachments with their parents (Maccoby et al., 1993).
In this regard, having only
minimal contact with the non-custodial parent has been found to
have fewer detrimental effects
only with respect to adolescent development as not only do older
children tend to spend less time
with their parents and more time with their peers, but they are
also more cognitively capable of
maintaining important relationships through distanced
communication (Maccoby et al., 1993).
However, the contention that parental separation has more
adverse effects on younger
children may lack empirical support due to confounding variables
often found in the divorce
literature (Hetherington & Elmore, 2003). Further, the
developmental needs of children and
adolescents differ greatly by age and individual circumstances,
and in this regard, research
findings on the effects of age at the time of divorce on
childrens adjustment are inconsistent
(Hetherington, Law, & OConnor, 1993, p. 224), such that
parent-child separation incurred as a
result of relocation may have ambiguous outcomes for children
and adolescents.
Moreover, while infrequent visits may not be harmful per se,
research warns that
disruption to attachment generally provides greater
developmental risk than if no disruption
occurs (Willemsen & Marcel, 1995), thereby highlighting the
importance of continued interaction
with the non-custodial parent wherever possible, especially in
the early years of a childs life.
Past indicators of paternal involvement are particularly
relevant as the amount of time a father
spends with his children prior to separation significantly
affects his degree of involvement post-
divorce (Whiteside & Becker, 2000). However, even when
pre-separation involvement was low,
fathers who began spending more time with their children
following divorce experienced stronger
father-child relationships than they did previously (Whiteside
& Becker, 2000). This finding
suggests that paternal relationships may continue to evolve with
changing circumstances; it is
important, then, that mobility assessors evaluate each parents
plan for maintaining relationships
with his or her children in light of potential relocation
(Weissman, 1994).
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Joint-custody arrangements. Research suggests one way to
encourage continued parent-
child interaction is through a joint-custody arrangement. While
most children live primarily with
one parent (McBean, 2004), joint legal custody offers both
parents equal influence over their
childs upbringing (Elkin, 1987; Neugebauer, 1989). Despite more
frequent transitions between
homes, joint physical custody is also believed to foster, rather
than disrupt, environmental
stability within the childs life by helping maintain constant
and predictable relationships,
particularly with the father (Elkin, 1987; Kline, Tschann,
Johnston, & Wallerstein, 1989;
Twiford, 1986). Moreover, parents who support joint custody for
their children are more inclined
to work collaboratively to their childrens benefit (Elkin, 1987;
Twiford, 1986), which may then
lead to improved developmental outcomes (McKinnon &
Wallerstein, 1986). As such, it has been
asserted that joint custody be it physical or legal may be the
most appropriate arrangement for
responding to childrens needs over time (Sorensen & Goldman,
1990).
Arguments supporting positive developmental outcomes for
children in joint custody,
however, are not without contraindications. Studies of children
and adolescents have found that
post-divorce adjustment is insignificantly affected by joint
physical custody, even though many
of these youths gain increased access to both parents through
this arrangement (Buchanan et al.,
1992; Kline et al., 1989; Wolchik, Braver, & Sandler, 1985).
Such findings support the
contention that frequent transitioning between homes interferes
with a childs sense of continuity
and stability (Twiford, 1986; Warshak, 1992). Moreover, many
parents who operate under joint
custody do not, contrary to expectations, parent more
collaboratively and in this way, the positive
effects of this arrangement are often negated (McKinnon &
Wallerstein, 1986; Twiford, 1986).
Mobility assessors, therefore, must evaluate how each parent
will care for the children should
relocation occur, particularly as the custody arrangement may be
affected through relocation.
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Chapter III
Parenting Capacity
Parental ability to respond to childrens physical,
psychological, emotional, behavioural,
and spiritual requirements has significant implications for
child development (Jackson &
Donovan, 1990; Sherkow, 2005; Sparta, 1999). While one parent
may counterbalance some of
the other parents angry, disturbed or neglectful behaviour, such
mitigating influence becomes
less likely post-divorce (Twaite et al., 1998), and perhaps less
so should relocation occur.
Moreover, as relocation may engage the child in relationships
with parental surrogates
including stepparents, grandparents, and parents romantic
partners assessment must evaluate
the degree of involvement such individuals have in the childs
care to ensure all individuals act in
his or her best interests (Gardner, 1999). The custodial parents
ability to care for and nurture the
child, therefore, becomes all the more important in mobility
cases as it is through such influence
that all other relationships are filtered (Twaite et al.,
1998).
Psychological Stability
A significant factor influencing ones capacity to parent is
psychological and emotional
stability. Since a childs long-term well-being is associated
with the adjustment of the custodial
parent it is important to ascertain the residential parents
psychological stability as it may impact
parenting capacity and the childs sense of security
(Hetherington et al., 1993, p. 217; Felner &
Terre, 1987; Jackson & Donovan, 1990). In particular,
comprehensive assessment should
ascertain the presence of significant psychological disorders
including psychosis, personality or
emotional disorders, substance abuse, criminality, and physical,
emotional, or sexual abuse of
others, with particular attention to past neglect or abuse of a
child (Gardner, 1999, p. 4).
Assessors should also evaluate whether the parents psychological
conditions are chronic or if
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they arose mostly due to the circumstances of divorce, and thus
more apt to abate with time and
altered situations (Bray, 1991).
Parenting Style
Another important predictor of child adjustment is an
authoritative parenting style,
whereby this manner of parenting generally results in the most
beneficial outcomes for children
(Amato, 2000; Demo & Cox, 2000; Hetherington & Elmore,
2003; Ross, Roberts, & Scott,
1998a). Through authoritative parenting, the caregiver displays
warmth, support,
responsiveness, and consistent control and monitoring toward his
or her children (Greene et al.,
2003, p. 108). In other words, authoritative parenting is
characterized by nurturing and responsive
care, as well as implementation of age-appropriate limits
(DeHart et al., 2000). Children reared in
this style typically exude energetic, curious behaviour,
emotional responsiveness, and appropriate
self-reliance (DeHart et al., 2000). Further, authoritative
parenting has been associated with
improved parent-child relationships, reduced aggression, and
more positive attitudes toward
school and education (DeHart et al., 2000). In general, then,
authoritative parenting is an
important predictor of child development (Sorensen &
Goldman, 1990, p. 63).
In contrast, permissive parenting is characterized by a lack of
firm limits for children and
inappropriate behavioural expectations (DeHart et al., 2000).
Generally, children reared in the
context of this parenting style act in an impulsive manner,
lacking considerably in both self-
control and self-reliance (DeHart et al., 2000). At the other
extreme is authoritarian parenting,
which is characterized by inflexibility, unresponsiveness to
childrens needs, and harshness with
respect to behaviour control, often leading to increased levels
of psychological and behavioural
maladjustment including apprehension, feelings of frustration,
and passive hostility (DeHart et
al., 2000; Demo & Cox, 2000). Data regarding parenting style
has particular implications to
mobility assessment as poor parenting practices [have been]
linked with poor outcomes for
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divorced children (Krauss & Sales, 2000, p. 856). The
immediate period following divorce,
however, generally undergoes a deterioration of parenting such
that parenting style becomes less
authoritative due to parent preoccupation with life changes and
associated stressors (Hetherington
& Elmore, 2003; Hetherington et al., 1993). At the same
time, however, once parents and
children adjust to the post-divorce situation, caregiving
ability generally improves with time
(Hetherington & Elmore, 2003). It may be difficult to
contend, therefore, that previous parenting
practices conclusively indicate future parenting capacity,
particularly if circumstantial changes
result from residential relocation.
Moreover, parents have been shown to behave differently when
alone with their infant
than when parenting in the presence of others (Pedersen, Zaslow,
Cain, & Anderson 1981 as cited
in Parke, 1988, p. 167). In this way, generalized concepts of
parenting styles may not always
provide exhaustive information as to how a particular
individuals parenting would impact the
development of his or her child (Bricklin, 1995). Mobility
assessors, then, should evaluate a
caregivers overall context of parenting as it may influence
childrens developmental outcomes.
Parental History
Finally, while a parents prospective caregiving ability is
important to assessment, past
indicators of parenting capacity must also be given due
consideration. In particular,
comprehensive evaluation requires exploration of parenting
history to gauge previous success in
a caregiving role (Bricklin, 1995; Chrisholm & MacNaughton,
1990; Jameson, Ehrenberg, &
Hunter, 1997). It should be reiterated, however, that parental
conflict during separation and
divorce may negatively impact ones ability to parent, such that
post-divorce parenting often
improves as the caregivers become more accustomed to the new
family situation (Hetherington &
Elmore, 2003). In particular, it has been suggested that
following divorce, more harmonious and
fulfilling relationships may emerge that actually promote the
parenting role (Hetherington &
15
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Stanley-Hagen, 1999). As such, assessors must consider the
degree to which marital conflict may
have impacted parenting capacity, and how that individuals
ability to respond to the childs best
interests may improve over time (Department of Justice Canada,
1986).
16
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Chapter IV
Environmental Stability
While child development is strongly associated with attachment
formation and continued
parent-child relationships, healthy adjustment is also
contingent upon environmental stability.
Research suggests that children and parents who experience
divorce are more likely to encounter
stressful life events which, in turn, may lead to more
adjustment problems than those from non-
divorced families (Braver et al., 2003; Bray & Hetherington,
1993; Hetherington & Stanley-
Hagan, 2000; Twaite et al., 1998; Wallerstein, 1991a). In fact,
stressful life events and resulting
insecurity are regarded as the most salient predictors of a
childs post-divorce adjustment
(Hetherington et al., 1986). A stable environment, therefore,
becomes increasingly important for
children of divorce (Rohman et al., 1987; Warshak, 1992).
Research generally indicates that more changes in residence are
associated with more
adjustment problems in children (Kohen, Hertzman, & Wiens,
1998), particularly when the
homes and communities are quite dissimilar (Lowery & Settle,
1985). In addition, the custodial
parent may experience changes in employment or education status
through relocation, which may
also contribute to the childs feelings of instability. While
parental changes in social or economic
circumstances may not directly impact child development
(Featherman, Spenner, & Tsunamatsu,
1988), children may also lose contact with their friends, as
well as be pulled away from healthy
relationships with teachers and other supportive adults
(Hetherington, 1980). Such findings
appear to reflect the assertion that significant environmental
disruptions interfere with the childs
cognitive and perceptual structures, such that behavioural and
psychological difficulties may
result (Stolberg & Anker, 1983). In other words, drastic
changes all at once may seriously
undermine a childs sense of security and well-being, which may
then contribute to feelings of
anxiety and depression (Hetherington, 1980; Twaite et al.,
1998), as well as externalizing and
17
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socially incompetent behaviour (Hetherington et al., 1986). A
primary reason for such outcomes
is that as the extent of environmental changes increases,
children perceive themselves and their
parents as being less able to control their world, which
contributes to feelings of insecurity
(Stolberg & Anker, 1983, p. 8). Such findings have been
found to be most significant for younger
children because their cognitive and social development may be
relatively immature (Stolberg &
Anker, 1983). Assessors, therefore, must evaluate a parents
plans for maintaining the childs
daily routine, as well as a parents provisions for ensuring
continued contact with significant
relations should relocation occur (Braver, Wolchik, Sandler,
Sheets, Fogas, & Bay, 1993;
Bricklin, 1995; Jameson et al., 1997; Twaite, et al., 1998).
While most children adjust reasonably well to the post-divorce
situation within a few
years (Haddad, 1998; Hetherington et al., 1998; Hetherington
& Elmore, 2003), developmental
disruptions may also occur if multiple stressors are present or
if the stressors continue long term
(Hetherington, 1980). A particular point of view asserts that if
young children are deliberately
removed from a secure home, those children will experience a
strong sense of insecurity such that
all relationships become untrustworthy (Willemsen & Marcel,
1995). In contract, research
indicates that remaining in a parent-absent environment may be
more distressing for children than
relocating to a different environment due to painful reminders
of what has been lost; namely, a
two-parent home (Field, 1996). Such findings suggest it is lack
of expected reinforcement, or
adequate stimulation, from a parent rather than the separation
itself that is most troublesome
(Field, 1996). In this regard, changes in established support
systems or unavailability of parental
figures become a primary risk factor for healthy adjustment
(Hetherington, 1980). Visitation and
access to the non-custodial parent, then, becomes an important
consideration in mobility cases,
such that children should enjoy as much access to the
non-custodial parent as possible, perhaps
involving overnight visitation in the non-custodial home.
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Impact of Overnight Visitation
Since relocation cases presume more extended visits with the
non-custodial parent, which
may then increase the sense of environmental instability, it is
important to consider how
overnight visits impact child development. The divorce
literature indicates that infants and
toddlers generally adapt well to overnight visits once
familiarized with the new routine
(Hetherington et al., 1993). Evidence further indicates that
young children are not significantly
harmed by separation in the shorter duration (Kier & Lewis,
1997), such that relocated children
may visit non-custodial parents without harming important
relationships with primary caregivers.
These findings suggest that transitioning between homes
resulting from relocation is not harmful
to child adjustment, supporting Kelly & Lambs (2000)
assertion that there is absolutely no
evidence that childrens psychological adjustment or the
relationships between children and their
parents are harmed when children spend overnight periods with
their other parents (p. 306).
Moreover, benefits may be incurred by children offered such
experiences including diverse
social, emotional, and cognitive stimulation provided basic
routines are maintained (Kelly &
Lamb, 2000; Sherkow, 2005) and ample communication and
cooperation exists between the
parents (Solomon & Biringen, 2001). This contention put
forth by Kelly and Lamb (2000),
however, has been criticized for lack of empirical support, as
well as contrary evidence indicating
that repeated, overnight separations from primary caregivers may
actually exert a disruptive
influence to attachment relationships more than do frequent,
daytime visits with the non-custodial
parent, particularly with respect to younger children still
forming attachments with parental
figures (Solomon & Biringen, 2001). Solomon and Biringen
(2002) also suggest hat overnight
access does not improve father-child attachment, suggesting
extended visitation is not necessary
to developing or maintaining important parental
relationships.
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It is also important to note that temperamental and personality
differences may be
necessary to understanding why some children are more resilient
or adaptable to environmental
instability than are other children (Hetherington et al., 1998;
Hetherington & Elmore, 2003).
Additionally, children in different developmental stages may be
more negatively affected by a
changing environment than others (Greene et al., 2003;
Wallerstein & Kelly as cited in Parke,
1988). Preschoolers, for instance, may tolerate lengthier
separations from parental figures than
can toddlers, such that younger children become unnecessarily
distressed by separations from
either parent lasting more than a few days (Kelly & Lamb,
2000). Once a child reaches school
age, advanced autonomy and cognitive skill allow for more
extended periods of separation, such
that by around age seven or eight children find separations of a
week or two less distressing and
more enjoyable (Kelly & Lamb, 2000). A childs developmental
progress, therefore, may be
most important in how it relates to the coping efforts children
can bring to bear on the situation
(Felner & Terre, 1987, p. 113). Assessors must therefore
consider the childs age, personality,
and coping maturity in relation to environmental stability
should relocation occur.
Family Dynamics
The divorce literature generally argues that childrens
post-divorce problems decrease
within the first few years following their parents separation as
individuals adjust to the new
family dynamic (Hetherington & Stanley-Hagen, 2000;
Wallerstein, 1989). Research also
indicates that how a family functions is significant to
childrens adjustment following divorce,
including the parents interactions with each other and
interactions among siblings (Dunn &
Sherrod, 1988; Hetherington & Stanley-Hagan, 2000; Ross et
al., 1998a). Assessors, then, must
consider overall family dynamics such that positive
relationships may be identified and
maintained in mobility cases.
20
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Parental conflict. Research suggests that when a child feels
caught up in parental conflict,
that child is more likely to experience environmental
instability and thus psychological and
behavioural maladjustment (Chase-Lansdale & Hetherington,
1990; Felner & Terre, 1987;
Gardner, 1999; Hetherington & Elmore, 2003; Hetherington et
al., 1993; Jameson et al., 1997;
Maccoby et al., 1993; Shifflett & Cummings, 1999;
Wallerstein, 1989, 1991a; Warshak, 1992).
As noted by Wallerstein (1991a), a parents ability to
appropriately judge the needs of his or her
children is significantly impaired if embroiled in conflict with
the other parent, such that it
becomes difficult for a parent to distinguish personal needs
from the needs of the child. In this
regard, increased distance between parental figures, and thus
increased distance between the child
and the non-custodial parent, may be advantageous to the childs
sense of environmental
stability. It may be further reasoned, however, that if parents
display conflict when the child is
transitioned from one persons care to the other, the child may
become susceptible to this
increased tension and therefore lose the sense of security
gained through relocation (Buchanan et
al., 1992). Assessors must evaluate, then, individual plans for
managing inter-parental conflict to
ensure mobility recommendations are in the childrens best
interests.
However, if both parents are able to work collaboratively with
minimal conflict, an
arrangement affording the child frequent and continuous
interaction with both parents may be
most advantageous to childrens development (Hetherington &
Elmore, 2003; Lowery, 1985;
Sorenson & Goldman, 1990; Wallerstein, 1991b; Warshak,
1992). Such an assertion is once
again supported by outcome data indicating children are better
adjusted on a variety of measures
when placed in joint custody (Braver et al., 2003; Kelly &
Lamb, 2003; Neugebauer, 1989).
Moreover, while it has also been contended that conflict to
which the children are not directly
exposed has no effect on their adjustment (Hetherington &
Elmore, 2003, p. 194), hostility
between the parents may lead to decreased father-child
interaction, and thereby hinder the quality
21
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of a fathers relationship with his children to their
developmental detriment (Pruett et al., 2003;
Whiteside & Becker, 2000). Mobility assessors, then, must
consider the degree to which the
parents may work together before determining if relocation is in
the childs best interests.
Sibling relationships. Research also indicates that beyond
parental influence, sibling
interactions may significantly impact child development. It has
been suggested that sibling
relationships help protect children from adversity, perhaps even
compensating for environmental
stressors (Haddad, 1998; Hetherington, 1993; Hetherington &
Elmore, 2003; Kempton,
Armistead, Wierson, and Forehand, 1991; Kier & Fouts, 1989;
Greene et al., 2003). Research
also indicates, however, that parental conflict may negatively
impact otherwise healthy sibling
relationships, thereby limiting their protective effects (Kier
& Lewis, 1998; Green et al., 2003).
Additionally, sibling-play research suggests that the dominant
sex-typing influence may be
absent for boys in father-absent homes, such that children in
mother-headed families may not be
as sex-role stereotyped as children from two-parent families
(Kier & Fouts, 1989, p. 143). The
effects generally differ, however, between the sexes, such that
in father-absent homes boys
exhibit less traditionally masculine play behaviour (Kier &
Fouts, 1989) while sisters in divorced
families experience greater closeness (Kier & Lewis, 1998).
Relocation assessment, therefore,
should also consider the mitigating influence of sibling
interactions for children of divorced
homes.
Stable Social Supports
According to Dunn & Sherrod (1988), childrens adjustment to
environmental changes is
also mediated by perception of self, others, and the social
world (p. 154). When evaluating
parent-child relocation, therefore, it is additionally important
to consider extra-familial support
systems that may be gained or lost due to change in residence;
such systems are important to
protecting the child from adverse circumstances as they may
serve as sources of practical and
22
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emotional support for both parents and children (Hetherington et
al., 1993, p. 220). Following
divorce, and possibly through relocation, many custodial mothers
are able to reconnect with
important familial supports, which may offer considerable
comfort to both parent and child (Kier,
Lewis, & Hay, 2000). In this way, a positive relationship
with grandparents and other extended
family is associated with healthy child adjustment (Hetherington
& Elmore, 2003), indicating that
children who live in close proximity with familial supports
experience healthier development in
the long term.
While losing existing social relationships through relocation
may be emotionally difficult
for children, affiliations with peers become increasingly
significant with age (Hetherington,
1989). Stable and positive relationships with peers and school
authoritarians may also have a
salutary effect for adolescents in particular, particularly for
those youths from divorced homes
(Hetherington, 1993; Hetherington, 2003; Main & Weston, 1981
as cited in Parke, 1988;
OConnor, Hetherington, & Reiss, 1998; Rutter, 1979).
Moreover, positive interactions with
other adult caregivers have been associated with the healthy
social development of children
(Santrock & Warshak, 1979). Such findings may have
considerable implications for mobility
whereby adolescents existing social networks could be left
behind, thereby denying these
children a significant means of adaptive coping. Consequently,
mobility assessors must consider
the potential impact of relocation on the continuity and
stability of important social relationships
(Weissman, 1994).
23
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Chapter V
Case Law of Mobility Determinations
As stated earlier, the determining factor for deciding all
issues relating to custody and
access, including relocation, is childrens best interests
(Status of Women Canada, 1998). While
best interests has been discussed from a developmental
perspective, the provision of
appropriate recommendations also requires understanding of how
court decisions reflect this
criterion. A description of how custody arrangements influence
the legal rights of custodial and
non-custodial parents is therefore offered, as well as a summary
of recent mobility
determinations.
The Custody Arrangement and Parents Rights
According to Goldstein and colleagues (1996), the scales used to
weigh a childs best
interests are not evenly balanced between two parents when one
is an occasional and the other a
constant presence (p. 37). Although parents may share joint
legal custody, therefore, the
individual who acts as primary caregiver may be granted more
consideration by the courts due to
his or her continued interaction with the child. Moreover, while
some research shows that
children, especially girls (Crosbie-Burnett, 1991), in joint
physical custody are better adjusted on
a variety of measures than children in maternal sole custody
(Bauserman, 2002 as cited in Kelly
& Lamb, 2003; Lowery & Settle, 1985; Neugebauer, 1989;
Wolchik & Karoly, 1988). Canadian
legislation requires that each case be regarded on an
independent basis in light of individual
differences rather than typical developmental trends (MacDonald
& Wilton, 2004). Parents who
share joint physical or legal custody, therefore, are obligated
to prove that relocation would either
be in the childs best interest or detrimental to the childs
development. As a result, mobility
cases must, above all, not be determined by the visiting parents
wishes and convenience
(Goldstein et al., 1996, p. 39); instead, relocation viability
should be determined by evaluating
24
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how each parent meets the needs of the children, and how each
parent facilitates contact with the
other parent to the childrens benefit (MacDonald & Wilton,
2004). Consideration should also be
given to the childrens wishes (Status of Women Canada, 1998;
Mason, 1999; Rohman et al.,
1987) regarding relocation, but since children may not be
sufficiently mature to know what is
best for themselves (Rohman et al., 1987), this criterion
[should be] put near the bottom of
more objectified information (Gardner, 1999, p. 5). Finally,
while joint custody is often viewed
as a means of ensuring both parents continue to reside in the
same geographic region, a parents
application to relocate may be granted even if a joint-custody
order exists as such orders may be
altered due to changes in parental circumstances (McBean,
2004).
In cases where sole-custody arrangements exist, only that parent
who has been granted
custody has the necessary information and the right to decide if
relocation is in the childrens best
interests, a right with which the court should not interfere
(Goldstein et al., 1996). The divorce
legislation indicates, therefore, that the custodial parent has
the right to make any and all
decisions affecting the children (Dickson, 2003), but that such
decisions must be revisited if
evidence substantially indicates their long-term well-being may
be in jeopardy as a result of
relocation (Goldstein et al., 1996). A sole-custody arrangement,
therefore, does not necessarily
allow the custodial parent to take his or her children out of
the jurisdiction and in this regard, it is
not the custody arrangement that most determines mobility cases,
but childrens best interests
(McBean, 2004).
Recent Case Law
As argued throughout this literature review, parent-child
relationships, capacity to parent,
and environmental stability all have important implications to
child development. Consequently,
while it may not be reasonable or important that parents to
remain in close proximity (Mason,
1999), family law indicates children should have as much contact
as possible with both parents
25
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unless the childrens best interests warrant otherwise (Dickson,
2003). It may be asserted,
therefore, that if a parent is able to satisfy the needs of the
children without moving, maintaining
residence is the most favourable option. Moreover, the 2005
Annotated Divorce Act asserts a
parents relocation is only relevant in respect of his or her
ability to meet the childrens needs
(MacDonald & Wilton, 2004, p. 540; Davies, 1997). Thus,
while one parent may wish to relocate
for economic, familial, educational, or cultural reasons, such
goals must only be considered as
they impact the best interests of the children (Weissman, 1994).
Additionally, court decisions are
more likely to favour relocation if as much stability is
maintained through the move as possible,
including economic status and frequent visitation with the
non-custodial parent (MacDonald &
Wilton, 2004).
These important considerations may be noted in the
precedent-setting case of Gordon v.
Goertz (1996), whereby the Supreme Court of Canada set out clear
principles that govern the
question of mobility (Davies, 1997, p. 131). According to the
finding, primary consideration
must be given to the childrens best interests, not a parents
desire to relocate or the other parents
desire to restrict such relocation (Davies, 1997). In this way,
while the custodial parents wishes
and opinions should be respected, mobility inquiry must first
and foremost address the childrens
needs (Gordon v. Goertz, 1996).
Of more importance, then, is how the change of circumstances
would likely impact the
childrens needs or the ability of parental figures to satisfy
those needs, including regular and
frequent access with the non-custodial parent (Gordon v. Goertz,
1996), provided such access is
in the childrens best interest (Young v. Young, 1993). While the
relationship with the non-
custodial parent is important to a childs long-term well-being,
the relationship with his or her
primary caregiver may exert the greatest developmental influence
(Gordon v. Goertz, 1996).
Since the custodial parent in this case had already established
residence out of country, moving
26
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back into closer proximity with the non-custodial parent would
have uprooted the child once
again, which would not be in keeping with the childs need for
constancy and stability (Gordon v.
Goertz, 1996). Such findings suggest the importance of
established parent-child relationships as
opposed to the uncertainty of relocation, which may not
ultimately be best for childrens long-
term adjustment (Goldstein et al., 1996).
Moreover, while relocation may disrupt a childs relationship
with his or her non-
custodial parent (MacDonald & Wilton, 2004; Davies, 1997),
an interrupted relationship with the
primary caregiver is likely to be more detrimental due to the
considerable stability such a
relationship provides (Gordon v. Goertz, 1996). Further, it is
the non-custodial parents burden to
prove that relocation would be harmful to his or her child, not
merely unbeneficial (Gordon v.
Goertz, 1996). In other words, while the custodial parent seeks
the relocation, the onus is on the
non-custodial parent to show that the child would be more
negatively impacted by moving than
by remaining in a stable home situation with the custodial
parent. Since the non-custodial father
failed to make this evidentiary in this case, and since he could
exercise frequent and regular
access with the child in the new location, the judge decided in
favour of relocation, suggesting
the developmental benefits appeared to outweigh the perceived
risks (Gordon v. Goertz, 1996).
Consequently, since relocation had already occurred, the
custodial mother was able to remain in
Australia with generous access granted to the father (Gordon v.
Goertz, 1996).
Several other considerations are also evident in Canadian
mobility determinations. When
it is deemed that a change of residence may offer the parent
improved parenting ability, as in the
case of Pisko v. Pisko (1997), courts are more inclined to
perceive that relocation is in the
childrens best interests (MacDonald & Wilton, 2004).
Similarly, a mother was allowed to
relocate with her children because restricting such mobility
would hinder her ability to earn an
income on which she had come to depend (Picken v. Pratt, 1997),
a decision reflecting that a
27
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childs well-being is directly related to the well-being of his
or her custodial parent (Rockwell v.
Rockwell, 1998).
However, it has also been asserted that the custodial parents
right to earn a living, and
well-being resulting from such occupation, must not supersede
the rights of a child to have his or
her best interests held paramount (Gordon v. Goertz, 1996; Young
v. Young, 2003). Such a
contention is supported by the decision of Woodhouse v.
Woodhouse (1996), whereby the
mothers parenting capacity was deemed effective regardless of
whether relocation took place. As
a result, the mother would retain custody but not be permitted
to remove her children from the
jurisdiction. Another decision echoed this sentiment, finding
that relocation would cause undue
stress to the children by disrupting important relationships and
stable living arrangements
established in the existing home environment. (Zeaton v. Zeaton,
1999). Again, the parents
reason for relocation must not be considered by the court unless
the reason for moving is directly
related to his or her parenting ability (Gordon v. Goertz, 1996)
such that either increased stability
and security are evidenced (Burns v. Burns, 2000) or the parents
primary motivation for moving
is to undermine the childs relationship with his or her
non-custodial parent (Gordon v. Goertz,
1996; Archibald v. Archibald, 2002). If the former, the judge
would be more inclined to find
relocation in the childrens best interests whereas if the
latter, the perceived benefits of uprooting
the children may be improperly motivated and thus greatly
circumspect (Archibald v. Archibald,
2002).
28
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Chapter VI
Applied Value of Existing Literature: A Summary
Parent-Child Relationships
A continued relationship with both the custodial and
non-custodial parent following
divorce is a significant predictor of child adjustment in the
long-term (Hetherington et al., 1993;
Hetherington & Stanley-Hagan, 2000; Wallerstein, 1991a).
Children appear most at risk during
young childhood, whereby inconsistent interaction with parental
figures often leads to feelings of
insecurity and psychological or behavioural difficulties (see
e.g., Bowlby, 1969; Demo & Cox,
2000; Kelly & Lamb, 2000, 2003). Mobility has particular
implications, then, for young children
who may be removed from their non-custodial fathers. Research
indicates, however, that it is the
quality not the amount of parent-child interaction that is most
important (see e.g.,
Hetherington et al., 1998; Maccoby et al., 1993l Wallerstein,
1991b), particularly as the child
ages and more meaningful communication becomes possible (Kelly
& Lamb, 2003). Thus, while
children may experience more positive psychological adjustment
through the continued contact
offered by a joint-custody arrangement (Elkin, 1987; Kline et
al., 1989; Twiford, 1986), it is
equally possible that joint custody may not be in the childrens
best interests, especially if
significant conflict exists between the parents (see e.g.,
Buchanan et al., 1992; Kline et al., 1989;
McKinnon & Wallerstein, 1986). It may be asserted,
therefore, that relocation may occur without
significant developmental harm provided both parents continue to
interact meaningfully with
their children in the long term.
Parenting Capacity
Of particular impact to the development of such relationships is
parenting capacity of
primary caregivers (Jackson & Donovan, 1990; Sparta, 1999),
which considers a parents
psychological stability (Gardner, 1999; Hetherington et al.,
1993; Felner & Terre, 1987; Jackson
29
-
& Donovan, 1990), authoritative parenting style (Amato,
2000; DeHart et al., 2000; Greene et al.,
2003; Hetherington & Elmore, 2003; Krauss & Sales, 2000;
Ross et al., 1998a; Sorenson &
Goldman, 1990), as well as history fulfilling a parenting role
(Department of Justice Canada,
1986; Jameson et al., 1997).
Moreover, as healthy adjustment of children is correlated with
continued and meaningful
interaction between parents and children in the long term
(Hetherington et al., 1998; Kelly &
Lamb, 2000; Maccoby et al., 1993; Ross et al., 1998b), mobility
assessment must also examine
the caregivers plans for maintaining such contact should
relocation occur. Since maternal and
paternal relationships also have unique influence on child
adjustment (Felner & Terre, 1987;
Hetherington et al., 1986; Maccoby et al., 1993; Peretti &
DiVitorrio, 1992), assessors must
additionally evaluate how beneficial relationships may continue
with both parents, regardless of
who has residential custody. Finally, mobility assessors must
understand how increased
residential distance between a child and his or her parent may
negatively impact healthy
adjustment (Emery, 2004; Grief, 1997; Hetherington, 1972;
Wallerstein, 1987), as well as that
parents commitment to maintaining contact with his or her child
should relocation occur (Greene
et al., 2003; Hetherington & Stanley-Hagan, 2000
Environmental Stability
Healthy development of children is also contingent upon a stable
home environment.
Stressful events that alter a childs sense of security, a change
of residence in particular, may lead
to adjustment difficulties in the short- and long-term,
particularly due to lost social connections
and reduced contact with the non-custodial parent (Hetherington,
1980; Hetherington et al., 1986;
Kohen et al., 1998; Lowery & Settle, 1985; Twaite et al.,
1998). Should relocation occur,
therefore, overnight visitation with the non-residential parent
may become especially important
(Kelly & Lamb, 2003). The healthy adjustment of children is
further fostered through appropriate
30
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family interactions, particularly reduced parental conflict
(see, e.g., Hetherington & Elmore,
2003; Hetherington et al., 1993; Shifflett & Cummings, 1999;
Wallerstein, 1989, 1991a) and
enhanced cooperation in fulfilling the parenting role
(Hetherington & Elmore, 2003; Lowery,
1985; Sorenson & Goldman, 1990; Wallerstein, 1991b; Warshak,
1992). Positive sibling
interactions may also help protect children from maladjustment
(Haddad, 1998; Hetherington,
1993; Hetherington & Elmore, 2003; Kempton et al., 1991;
Kier & Fouts, 1989; Green et al.,
2003), as may stable social supports within the community
(Hetherington, 1989; Hetherington,
1993; Hetherington et al., 1993; Main & Weston, 1981 as
cited in Parke, 1988; OConnor et al.,
1998; Rutter, 1979). Mobility assessors must, therefore,
consider how relocation and resulting
environmental instability could impact child adjustment over
time.
Case Law of Mobility Determinations
Regarding mobility cases, neither joint- nor sole- custody
arrangements determine if
relocation should occur (McBean, 2004). In this regard, while
custodial parents have the right to
decide their childrens best interests (Goldstein et al., 1996),
circumstances may prove otherwise
if instability and/or loss of established parent-child
relationships could result (Davies, 1997;
Gordon v. Goertz, 1996; Goldstein et al, 1996). Primary
considerations for mobility include,
therefore, how access with the non-custodial parent would be
impacted by relocation, to what
extent a move would be detrimental rather than beneficial to the
childs development, as well as
how positive, stable relationships with parental figures may be
maintained over time should
relocation occur (Gordon v. Goertz, 1996). For the most part, a
parents reasons for proposing
relocation are generally not deemed necessary to fulfilling
childrens best interests, which must
be the only concern (Gordon v. Goertz, 1996). Consequently,
mobility assessors must emphasize
the developmental outcomes of children rather than parental
motivation when making
recommendations in mobility cases.
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Conclusion
Although considerable research exists regarding child adjustment
following divorce, few
documents attend to how this literature may be applied to
mobility cases. Furthermore, little
information is currently available to help mobility assessors
make recommendations consistent
with childrens best interests. This project responds to these
limitations by offering assessment
guidelines for mobility determinations. Particular emphasis is
placed on fostering the healthy
development of children with respect to parent-child
relationships, a caregivers parenting
capacity, environmental stability, and relevant case law. These
guidelines may then have
significant utility to psychologists fulfilling an assessment
role, as well as to counsellors or other
professionals whose interactions require in-depth understanding
of mobility issues.
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PART III: PROCEDURES
Chapter VI
Conducting the Literature Review
While custody assessment seeks to provide recommendations in the
best interests of the
child, the law is unclear about what precisely constitutes this
prerequisite (Gould, 1999a; Halon,
1990; Lee et al., 1998; Rohman, Sales, & Lou, 1987). Since
the outcome of this project is the
development of a handbook to be utilized by assessment
professionals when asked to make
recommendations in mobility cases, this project begins with a
review of the developmental
literature to foster clear understanding of childrens adjustment
following divorce, as well as to
illustrate which factors are most pertinent to this adjustment
in the long-term. Important areas of
research include parent-child relationships, parenting capacity,
and environmental stability.
Several sources were utilized during the completion of the
literature review, which were
gathered through a variety of methods. Of principle consequence
was the gathering of primary
data, whereby original or fundamental conclusions were
presented, and secondary data, which
described auxiliary or derived information (Barnhart &
Barnhart, 1976). Such data was
accumulated by reviewing both books and peer-reviewed
journals.
To acquire books for the review, the University of Calgarys
library catalogue was
searched on-line using a variety of key words (e.g., child
custody; mobility assessment; best
interests; child development). This catalogue was accessed by
the Internet using either the
Universitys webpage or the links provided by the Campus Alberta
Graduate Program. Selected
items were then ordered through the distance education
specialist with Campus Alberta via
electronic mail, and subsequently taken on loan from either the
catalogue main campus library or
inter-library connection. Borrowed materials were then shipped
to the author through Canada
Post. The main catalogue at Athabasca University was also
searched using the same basic
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parameters, and requested materials were ordered and shipped in
a similar fashion. Finally, books
were also acquired by the Calgary Public Library, whereby
resources were requested through the
on-line catalogue, placed on hold, and retrieved from the branch
closest to the authors home.
To acquire articles found in peer-reviewed journals, the
University of Calgarys Library
Electronic Resources was searched as accessed through the Campus
Alberta website. These
electronic resources provided a comprehensive list of available
databases, with abstracts and links
to full-text articles. The main databases utilized in this
literature review include, in alphabetical
order: Academic Search Premier; JSTOR Journals; PsycARTICLES;
the Psychology and
Behavioral Sciences Collection; and SocINDEX. Key words utilized
during the search closely
corresponded with those used when seeking authored or edited
books. If more specific articles
were desired, such as those written by particular individuals on
given topics, the name of the
authors provided a narrower scope to the search parameters,
thereby yielding more precise
results.
Wherever possible, PDF files, which provide accurate text from
the original published
source, were downloaded immediately from the corresponding
database. As indicated by the
Publication Manual of the American Psychological Association
(2001), those articles acquired in
PDF format do not require referencing of the database from which
they were derived. In contrast,
some articles were found on independent Internet sites, such as
the College of Alberta
Psychologists or Statistics Canada. Although some of these
articles were downloaded in their
original configuration (i.e., PDF file), the sourced location
and date of retrieval were noted in the
references list as required by the American Psychological
Association (2001).
The literature review also required data compilation pertaining
to case law of mobility
determinations. In particular, current Canadian legislation was
summarized, with special
emphasis on recent court decisions passed by Federal and
Provincial courts. Without
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understanding of these legal implications, entrusted
professionals could not sufficiently expect
that suggested recommendations would be appropriately considered
in a court of law. To
accumulate the necessary legal information, referenced texts
were consulted, such as the 2005
Annotated Divorce Act of Canada (MacDonald & Wilton, 2004).
Court decisions were located in
the Dominion Law Reports: DLR Plus database supported by the
University of Calgarys
electronic library. Several court determinations were identified
using various search parameters
(e.g., family law; custody; mobility rights), and were
downloaded in HTML format. These
sources provided valuable insight into how mobility issues are
resolved not only in general, but in
particular instances with unique circumstances. These court
determinations were then sourced
appropriately in the reference list.
Once all the data were gathered, the literature review was
written by giving due
consideration to all obtained ideas, and organizing this
information into clear and concise
chapters. These chapters reflect those assertions most often
found in the child development
and/or divorce literature, but are not necessary presented in
order of importance. Since one
guideline may be more pertinent to a childs particular situation
than another guideline, assessors
must use professional discretion when making such
determinations. Standardized referencing
protocol has been followed throughout the document (American
Psychological Association,
2001). Scholarly integrity has been further guaranteed through
the editing process, whereby the
projects supervisor provided valuable insight and offered
concrete suggestions for improvement.
Once completed, the revised manuscript was presented to the
second reader, and subsequently
underwent a rigorous adjudication process before receiving final
approval by the Campus Alberta
Graduate Program. Through this process scholastic quality is
ensured, further enhancing the
reliability and validity of the data presented.
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Chapter VII
The Development of Assessment Guidelines
While the literature review is a primary component of this final
project, the ultimate
objective is the presentation of mobility guidelines to be
utilized by assessment professionals.
Inductive reasoning fostered the development of general
principles to be considered when
making recommendations in relocation disputes. These guidelines
provide a checklist for custody
assessors and possible interpretations of assessment data,
whereby the childs best interests are
paramount.
To create the guidelines handbook, entitled Childrens Best
Interests After Divorce: A
Guide for Mobility Assessment, major themes were identified in
the literature review. In this
regard, the review served as the theoretical foundation from
which the assessment guidelines
were derived. Theme identification involved examining the
existing data with a view to salient
patterns that could be extracted and generalized to mobility
issues. These patterns were isolated
by focusing on key information in the divorce or developmental
literature, and then re-
conceptualized in terms of important themes to be offered to
assessment professionals.
Once identified, a concise explanation of each guidelines
pertinence was provided, and
this information originated primarily from the literature review
itself. Such data are important to
ensuring the guidelines are sufficiently supported by scholarly
research. Sections of the literature
review, therefore, were copied and pasted into the handbook for
further revision, which then
formed the first draft of the guidelines document. The handbook
was originally conceived as a
stand-alone product for distribution to qualified assessment
specialists, and therefore has been
developed in light of subsequent reproduction. While the
handbook may be reproduced in this
original format, it is also possible to diminish the size of
each page, utilize double-sided printing,
and collate the document for binding, thereby creating a
distributable product.
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As with the literature review section of this final project,
comments and suggestions were
provided by the projects supervisor, which were then
incorporated into the handbook.
Subsequent to these revisions, the projects second reader
examined the handbook as part of the
overall project review, and final edits to the document as a
whole including the abstract,
procedures, and synthesis and implication sections were
completed. This finalization process
helped ensure the academic rigour of not only the specific
product, but the Master of Counselling
project as a whole.
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PART IV: SYNTHESIS AND IMPLICATIONS
Chapter VIII
Project Utility
It has been asserted that as a society, we no longer agree on
what is good for children.
We are more focused instead on the political rights of parents
(Mason, 1999, p. 3). The
resolution of custody disputes, therefore, requires a more
balanced approach such that the childs
interests are given primary consideration in light of the
custodial and non-custodial parents
abilities to meet those needs (Irving & Benjamin, 1995).
This final project attempts to help the
courts achieve such balance by providing an extensive review of
child development and divorce
literature; this data subsequently provides reliable information
on which to base to the
development of professional guidelines for mobility assessment.
As a project, then, this
document will have important implications to custody
determinations within Canadian
jurisdiction.
The primary application of this project involves the
decision-making process, whereby
assessors may consult the guidelines when required to make
relocation determinations (Lee,
Beauregard, & Hunsley, 1998). Since many different factors
have proven important to child
adjustment following divorce, it is vital that custody assessors
consider these factors as they may
impact the unique development of the individual. The proffered
guidelines call attention to these
important considerations, and require the assessor to carefully
weigh each factor against the
others so that responsible decision-making may emerge.
This project is also efficacious because as assessors routinely
consult the mobility
guidelines, more standardized practice will emerge. As
previously discussed, guidelines for
mobility determinations are currently deficient, indicating that
existing practice lacks consistency
among assessors or across circumstances. This project seeks to
rectify such discrepancy because
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through its application, the guidelines handbook offers
professionals a roadmap for mobility
evaluation. As a result, mobility assessors will have a common
framework upon which to base
their legal recommendations.
While assessment guidelines are relevant to custody assessment
in particular, this final
project also has important implications to counselling
psychology in general. As existing divorce
literature emphasizes the disruptive influence parental
separation has on child development (Kier
& Lewis, 1997), it is vital that counselling professionals
understand this negative impact to help
mitigate detrimental effects over time. The literature review
component is particularly useful to
counsellors or other professionals who require insight into how
divorce and relocation affects
children. Moreover, the inclusiveness of sources fosters a
well-rounded picture of childrens
developmental needs, thereby lending greater credibility to the
information presented. The
sources utilized also span several decades, showing trends in
the literature and leading to
contemporary conclusions. As a whole, then, this project helps
counsellors respond appropriately
to the unique needs of children and parents following divorce,
particularly with respect to
relocation concerns.
Finally, this project offers considerable utility to society as
a whole through its emphasis
on the promotion of human welfare (Sinclair & Pettifor,
2001), particularly the well-being of
children. Since the ultimate goal of custody assessment is to
help the courts provide an
environment that will hold and protect the child during
subsequent years (Wallerstein, 1991, p.
452), this project contributes to the positive development of
children by providing appropriate
guidelines for use in mobility cases. Again, the literature
review aspect is especially helpful
because without in-depth understanding of childrens needs
following divorce, appropriate
recommendations for mobility could not be presented. In this
regard, the short- and long-term
welfare of others is enhanced through the projects
completion.
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Chapter IX
Potential Limitations
While this final project offers considerable utility to the
profession of psychology,
particularly mobility assessment, this academic endeavour must
be evaluated if the guidelines are
to be responsibly applied. To this end, the projects limitations
are discussed such that those who
employ the assessment guidelines may do so with full
understanding of the potential misuses.
Limitations
Although the literature review component was especially
extensive and thorough, it may
be reasoned that unless all existing data are assembled,
informational gaps could exist. In this
regard, while the handbook is comprehensive and instrumental, it
should not represent an all-
inclusive approach to mobility assessment as the number of
sources collected is not infinite.
Users of the guidelines document, therefore, should recognize
this limitation and consider the
value of new research as it comes to light when making
recommendations in mobility cases.
Additionally, while this project provides valuable information
regarding child custody
assessment, and mobility considerations in particular, it is
important to note that the author of this
project is not a trained assessor, and assessors were not
consulted during the completion of this
project. The guidelines offered in the assessment handbook,
therefore, should be regarded as
suggestions rather than absolutes and be applied in a judicious
fashion, utilizing professional
standards of practice and individual discretion.
Moreover, the assessment handbook is to be used as a guide only,
and is not considered a
procedure manual. Thus, while general principles for mobility
assessment are offered, the
guidelines do not provide instructions regarding how assessments
should be conducted, which
psychological instruments to utilize, or which individuals
and/or professionals to involve in the
decision-making process. In this regard, the handbook is not an
exhaustive resource for assessors;
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instead, the document must be used in conjunction with
additional sources or practice manuals in
keeping with professional discretion.
Finally, since each case is unique, complete with its own set of
circumstances, it is
difficult to assert that some considerations are more important
than others. As such, the offered
guidelines are not necessarily presented in order of importance;
instead, it is left to the discretion
of each assessor to determine which guidelines are most relevant
to the particular case.
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References
Amato, P. (2000). The consequences of divorce for adults and
children. Journal of Marriage &
the Family, 62(4), 1269-1288.
Archibald v. Archibald (2002). 216 D.L.R. (4th) 561 (British
Columbia Court of Appeal, August
28, 2004). Retrieved September 14, 2005 from the Dominion Law
Reports: DLR Plus
database.
Artis, J. (2004). Judging the best interests of the child:
Judges accounts of the tender years
doctrine. Law & Society Review, 38(4), 769-806.
American Psychological Association (2001). Publication Manual of
the American Psychological
Association: Fifth Edition. Washington: Author.
American Psychol