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Parent Education Programs in Family Courts: Perils and Potential
(2005)
  • Shelley M. Kierstead, Osgoode Hall Law School of York University
Abstract
There is ongoing debate in current family law discourse about how the state can best achieve the goal of promoting less conflict-laden decision making in child-related matters while allowing separated parents to exercise parental autonomy. Specifically, there is disagreement about whether formal or informal dispute resolution processes can most appropriately achieve this goal. In this dissertation, I argue that court-connected parent education programs have the potential to bridge this apparent “divide” between informal and formal dispute resolution mechanisms. Drawing on theoretical discussions about “empowerment” and “informed consent” in the mediation context, my thesis is that within a system that involves different dispute resolution alternatives, it is essential that participants are able to provide truly informed consent to whichever of the options they choose. Further, within such a system, the role of legal information and legal advice for consumers is critical. I explore the phenomenon of unrepresented family law litigants, and the importance of providing them with access to legal information. The work involves a combination of doctrinal and statistical analysis. After reviewing literature outlining current debates about family law dispute resolution processes, I examine socio-political motivations for the integration of parent education into the family law system. I then consider doctrinal limits on state interference with parental autonomy in the context of private custody disputes, and how these limits impact attendance policies for court-connected parent education programs. A review follows of data collected from a court-connected parent education program titled the Parent Information Program (PIP). Data were collected from court file reviews of a sample of PIP participants along with a control group of non-PIP participant files. PIP participants also provided feedback on their views about program facilitation and content. After combining the doctrinal and empirical analyses to canvass questions about the most appropriate types of parent education program content and implementation policies, the dissertation concludes with the argument that such programs can play an important role in assisting parents to work their way through the separation process in an informed, autonomous manner that serves their children’s best interests.
Disciplines
Publication Date
2005
Citation Information
Shelley M. Kierstead. "Parent Education Programs in Family Courts: Perils and Potential" (2005)
Available at: http://works.bepress.com/shelley_kierstead/13/