In high conflict cases involving custody, access and child support evidence of communications between the parties is often front and centre if the matter goes to court.
A key point in that article was that some or even three of these criteria could be
found in high conflict cases of divorce and post divorce, and still not be parental alienation.
In Ontario, parallel parenting has been ordered since Kaplanis
in high conflict cases where both parties are capable parents and should have an active role in the upbringing of their child or children, and where there is potential for one parent to abuse an order for sole custody.
Parenting coordination provides an alternative dispute resolution process whereby an impartial third person called a parenting coordinator assists the parties in developing or implementing their parenting plan by facilitating the resolution of
disputes in high conflict cases, providing education and making recommendations to the parties, and, with the prior consent of the parties and approval of the court, making limited decisions within the scope of the order of referral.
[83] For example, Justice David Aston, when he was Senior Family Judge of the Ontario Superior Court of Justice, spoke of the importance of case management
in all high conflict cases in «High Conflict Families: A Sampling of Ideas and Strategies for Judges» (Paper presented to the National Judicial Institute's High Conflict Custody Cases Seminar, July 2006)[unpublished]:
Bill Eddy, LSCW, Esq., a therapist, attorney, mediator, author and speaker presented «Client Engagement: Skills for Collaborative Practice» providing attendees with an understanding of the interaction between clients and and collaborative
professionals in high conflict cases.
This is great in itself but we are also seeing a significant
increase in high conflict cases which would usually have gone straight to the CMS, some of whom qualify for legal aid and free mediation but many of whom do not.
For example, it would be extremely valuable for this individual to be well - versed in mental illness, domestic violence, and poverty, and how these circumstances (as well as others) will impact family
outcomes in high conflict cases.
When not presenting, Dr. Drozd serves as an expert witness and
consultant in high conflict cases and works as a parent coordinator and co-parenting & reintegration / reunification therapist.
In his annotation to Ursic v. Ursic, Philip Epstein writes that Ursic and Andrade, together with other cases, reflect a recent
trend in high conflict cases that denies sole custody to the parent who is largely responsible for the conflict, who is not prepared to be a «friendly parent» and who has little regard for the access rights of the other parent.
Notwithstanding the Court of Appeal decision in Kaplanis, recent case law suggests that joint custody, together with a parallel parenting model, may be a viable
option in high conflict cases.
In high conflict cases where parents don't see eye to eye, where litigation is used, no matter what plan is ordered one of the parents is likely to be unhappy with it.
Eldercaring Coordination assists the parties in developing or implementing a plan by facilitating the resolution of
disputes in high conflict cases, providing education and making recommendations to the parties, and, with the prior consent of the parties and approval of the court.
In this high conflict case, the appellant mother made extensive arguments on appeal, submitting:
In high conflict cases, many professionals become focused on one or two events and exaggerate or minimize their significance.
By Andrew Feldstein Nicholas v. Herdman, 2015 Carswell 9262 (Ont SCJ):
In this high conflict case, the grandparents sought access to their granddaughter after a falling out... Read more
Nicholas v. Herdman, 2015 Carswell 9262 (Ont SCJ):
In this high conflict case, the grandparents sought access to their granddaughter after a falling out with her parents.
In high conflicting cases, a parent could instill negative thoughts or brainwash a child against the other parents hence the parental alienation phenomenon was born.
In high conflict cases, defining pick - ups, drop offs, even what constitutes a weekend --(does it begin Friday after school or Saturday morning?)
In situations in which you are at war with the other parent or
in a high conflict case it is imperative that you recognize the need for a parent coordinator to assist your family.
A guest post by Dr. Kristine Turner...
In high conflict cases where parents don't see eye to eye, where litigation is used, no matter what plan is ordered one of the parents is likely to be unhappy with it.
While many believed Kaplanis put an end to joint custody and parallel parenting
in high conflict cases, recent case law such as Ursic and Moyer provide that parallel parenting will be ordered to solve the problems associated with ordering sole custody in conflicted situations.