Doing no harm: avoiding iatrogenic impact in

Family Law casesCharles Asher, JD

Hon. Michael ScopelitisMatthew Sullivan, Ph.D.

AFCC, Indianapolis, October, 2011

Iatrogenic

The term iatrogenesis means brought forth by a healer

(from the Greek iatros, healer)

Of or relating to illness caused by examination or treatment.

Conflict pyramid

Litigation is a process that was developed for property disputes where there is not an enduring relationship post adjudication. The damage to ongoing relationships of the adversarial process was not a priority in developing the system.

Impasses to Divorce*

Intra-psychic

Interpersonal

Contextual/Systemic

Result in the failure to make the structural transition to functional coparents

*Johnston, J.R. & Campbell, L. (1988). Impasses of Divorce: The Dynamics and Resolution of Family Conflict. NY: Free Press.

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Intra-psychic:Personality Pathology

Enduring pattern of maladaptive behavior

Onset by early adulthood

Rigid and unchanging

These patterns of behavior cause significant distress in multiple domains of functioning

They are outside the cultural norm

Personality Disorders

Cluster B Disorder (Engage Conflict) Histrionic: dramatic, intense, prone to

fabrication, borderline traits Borderline: extreme mood swings, fear

abandonment Narcissistic: preoccupied with self, entitled,

repression Antisocial: lack empathy, willing to hurt,

disregard societal rules, narcissistic

Interactional Level

Legacy of a destructive marriage High conflict is toxic, not divorce

Ambivalent separation shattered dreams Court processes are a forum to continue

engagement

Traumatic separation Negative reconstruction of other parent

Contextual/Surrounding System

Extended family Grandparents, new significant others,

Professionals The helping hand strikes again

The legal-adversarial system

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The tragic legacy of the Litigation ContextLitigants don’t make good coparents

Representation - advocacyDistrust SabotageWin/loseChaosUnilateral action In the name of the childFocus on the problem being the other parent -

adversariesDepleted resources - financial,emotionalDependency on litigation

Impact on Children

Impaired reality testing

Inaccurate perception and evaluation

Separation difficulties

Parentification (other focused)

“Surreal sense of not existing”, Johnston and Roseby

Interference with identity development

Childhood experience in the post-divorce family is a training ground for personality pathology.