High-Conflict Divorce: A form of Child Neglect

In high‐conflict divorce cases, the emotional toll on the family unit is unquestionably destructive. While the physical and mental health of the children should be the primary focus, the emotional turmoil of a high‐conflict divorce often moves the focus away from the children as parents struggle emo...

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Bibliographic Details
Published in:Family court review 2016-10, Vol.54 (4), p.642-656
Main Author: Joyce, Alexa N.
Format: Article
Language:English
Subjects:
and Therapeutic Intervention
Child Abuse
Child abuse & neglect
Child Neglect
Child Protective Services
Children & youth
Divorce
Emotional Harm
Emotional Neglect
Families & family life
High Conflict
Mental Health
Parental Conflict
Social Work Perspective
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Summary:In high‐conflict divorce cases, the emotional toll on the family unit is unquestionably destructive. While the physical and mental health of the children should be the primary focus, the emotional turmoil of a high‐conflict divorce often moves the focus away from the children as parents struggle emotionally and financially. Although the best interests of the children are always in the judicial purview, the repeated, lengthy, and hostile litigation process often associated with high‐conflict dissolution has lasting effects on the physical and mental health of children, similar to those associated with physical abuse and neglect. Child Protective Services (CPS) must step in and protect the emotional well‐being of children during high‐conflict divorce cases. Key Points for the Family Law Community: High‐conflict divorce is detrimental to the entire family unit and often causes emotional and psychological harm to the children. Children entrenched in their parents' high‐conflict divorce experience emotional neglect. Emotional neglect is an under‐recognized form of child neglect that warrants state intervention through Child Protective Services. Emotional neglect is underreported and often unrecognizable to the untrained eye. Child Protective Services must be responsible for investigating possible emotional neglect in high‐conflict divorce cases and connecting families with appropriate therapeutic interventions. An attorney for the child must be appointed where Child Protective Services is forced to petition the court for compliance with therapeutic intervention or services.
ISSN:1531-2445
1744-1617
DOI:10.1111/fcre.12249