Who Truly Speaks to What is Best for the Children?

Consider the case of a mother with two beautiful minor children who experiences a depressive episode that requires temporary hospitalization. The father and husband subsequently files for divorce and demands full custody of the children and prevents the mother from seeing her children, leading to an increased level of anxiety and depression of the mother. After attempting to see her child at the end of a school day, an Order of Protection was entered against the mother, now legally preventing her from seeing her children.  As part of the divorce proceedings, the husband sought the appointment of an attorney to represent the children’s interest – known as a “guardian ad litem” or “GAL”.  

Despite pleas from the mother to have mercy in understanding the necessity of both the mother and father having their own time with their children and being able to show them love and support in their own individual way, the Court relies upon the recommendations of the GAL to prevent the mother from seeing her children. 

Is this the appropriate manner for our society to handle questions of anxiety and depression when it involves a family member and the best interests of the children?

We believe society would be better served by reliance upon the expertise of a trained therapeutic professional, such as one trained in the field of psychology or social work, with a specific focus on forensic psychology and child and family therapy, to determine what is in the best interest of the children and the family while going through divorce.

In divorce mediation, we listen carefully to both the mother and father, together and separate, in determining their specific needs, wants and desires. We put the needs of the children and family first. No matter how contentious, we discourage either parent in taking away the other parent’s right to parent at any time, even if they’re having a bad day.

At the Center for Divorce Resolution, we have a relationship with trained specialists to assist in the divorce mediation process, including trained child and family psychologists. This is a more holistic and compassionate approach to addressing your family’s parenting schedule and parenting decisions compared to reliance on costly and painful litigation in the courts.  Divorce mediation improves communication among family members, and leads to a much more family-focused, cost-effective and efficient process that enables couples to transition for the future.