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When the Co-Parenting Issue is Safety

Safety is close to the bottom of Maslow’s hierarchy of needs.  It is core to children’s ability to become resilient.  It can also be a very difficult topic to address during a divorce.  Here’s how the issue can arise during a discussion of parenting time arrangements:

Parent A:   You want equal parenting time, but I’m worried sick about you being able to take care of the kids, especially at night and also after your softball games when you’d be driving them home after partying with your team.

Parent B:  What are you talking about?

Parent A:  Don’t pretend you don’t know what I mean.   It’s how much you drink.  You drink every night.  I find you passed out in the chair in front of the TV half the time.

Parent B:  I knew you’d pull this.  Have I had a DWI?  Lost my job?  No!  It’s you who has the problem, not me.  Quit comparing me to your alcoholic dad.  I think you just want the kids more to get more child support.

Parent A:  This has nothing to do with child support, and you know it.  Besides, you did get a DWI.

Parent B:  If you’re gonna go back 15 years, then let’s talk about the time you passed out at your best friend’s wedding reception.

Parent A:  Yeah, one time.  And I basically quit drinking after that. 

Parent B:  Right, and now you have a panic attack any time I want a beer.  Quit trying to control me.

Sound a bit familiar?  Sound a bit challenging?  Sound like the children in this family could easily find themselves in the middle of escalating parental conflict, if they aren’t already?

Substance abuse or misuse is best understood as a systemic issue in a family because it impacts everyone.  And each family member has his or her story about it.  Denial, minimalization and sometimes projection are very likely to be part of one parent’s story, especially if they are dealing with the disease of chemical dependency.  Anxiety, frustration and co-dependence are very likely to be woven into the other side of the story.   Each parent is likely to show anger, because anger is hardwired and is a protective response to vulnerability.

In addition, each parent is likely experiencing fear.  The parent identified as having a problem may be fearful of consequences like losing access to their kids, or even their parental rights.  The parent raising the issue is fearful of something bad happening to the kids that might have been prevented by speaking out and setting firm boundaries.

And what are the children’s stories?  Might a skilled child-inclusive process be helpful?

As a neutral child and family specialist, I believe that a family law response to situations like this must have a laser- focus on what the children in the family need and deserve:  the best safe relationship they can have with both parents.   As a neutral, it is imperative to stay in a place of empathy and also be willing to calmly ask hard questions and to name the issues that arise, not with judgment but with clarity.

If a neutral professional has earned the trust of both parents, it is possible to engage with them in a voluntary process of creating a Confidential Safety Plan that is:

    1. designed to preserve parent-child attachment as much as possible; and
    2. identifies mutually agreed-upon “trust but verify” safety strategies, and
    3. specifies clear consequences and steps to be taken if a parent will not or is not able to honor their commitment to safety during parenting time as identified in the Safety Plan.

Because divorce decrees and Parenting Plans are online public documents, and given the sensitivity of issues addressed in a Safety Plan, it is important that the Safety Plan be filed with other confidential divorce documents where it can be accessed as needed, but will not be available to the public.

As with all out-of-court dispute resolution, the *Confidential Voluntary Safety Plan is not an appropriate option for all families, particularly if coercive control, domestic violence or child abuse are part of a family’s dynamic.  But for those parents generally able to engage in good faith negotiation, this option can be a safe way for them to address a difficult issue with dignity, clarity and respect.

About the Author
Deborah Clemmensen has devoted her professional life to the well-being of children and families.

She is a licensed psychologist with decades of experience as a psychologist working with children, adolescents, families and adults.  She been a Neutral Child and Family Specialist in family law for twenty-three years, participating in Collaborative Practice teams, traditional divorce processes and child-inclusive mediation, helping parents create Parenting Plans, We Statements and Confidential Collaborative Safety Plans.

Deborah has extensive experience as a consultant and trainer on child mental health issues and Collaborative Practice and has done research and published articles on a variety of topics.

Deborah has twice been co-President of the Collaborative Law Institute of Minnesota.  She has served two terms on the CLI Board.  She continues to participate on several committees of the Collaborative Law Institute of Minnesota, including the Training Committee and is currently a member of the Hague Convention Task Force of the International Academy of Collaborative Professionals.

As a Collaborative professional, Deborah coined the phrase, “keeping children at the center and out of the middle.”  This principle guides her work with families in Collaborative Practice and family law.

Contact:
Deborah Clemmensen, M.Eq., Licensed Psychologist, Neutral Child and Family Specialist
deborah.clemmensen@gmail.com
www.deborahclemmensen.com

*Deb Clemmensen will be presenting “Confidential Voluntary Safety Plans” on November 9, 2023 from 9 AM – 11AM at the Neighborhood House at Wellstone Center | 179 Robie Street East, St. Paul, MN 55107 Hosted by the Collaborative Law Institute of Minnesota. Details and Registration https://collaborativelaw.org/events/

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I hope that young children were not still up and watching the *Academy Awards broadcast when Will Smith got out of his seat, walked up the concourse, and forcefully slapped Chris Rock for making a poor joke at the expense of his wife Jada Pinkett Smith.  But even if children didn’t watch it live, they are likely still being exposed to the ongoing coverage and analysis of this startling event on social media and mainstream media.  Disagreement abounds over which man was most in the wrong.  Some posters and oped writers try to justify each man’s actions.  There have been thoughtful critiques about toxic masculinity in our culture, and how it inevitably leads to violence of one kind or another.

Many believe Chris Rock was bullying Jada Pinkett Smith by publicly mocking her bald head, especially given her alopecia.  Some respond that comedians insulting celebrities at “star-studded events” and roasts has become something of the norm and is to be expected.  Some say Will Smith’s retaliation was also bullying behavior, since Smith was trained to box like a professional for the film Ali and is much bigger and stronger than Rock.  But others respond that his response was justified to “protect” his wife. (I confess, I thought Pinkett Smith’s grimace of disgust and exaggerated eye roll at the weak joke was a pretty potent response in and of itself).

What does this whole event model for our children, who emulate adult behavior?  Is mocking others, especially for things they can’t control, ever justified?  Does saying “Just kidding!” after a cruel remark make it okay?  Should bystanders go along by joining the mocking laughter, or do they have a responsibility to call out bullying behavior?

Is lashing out aggressively after a perceived put-down ever justified?  Does being “in the heat of the moment and not thinking clearly” make an impulsive violent response, okay?  Should bystanders go along by saying nothing, or do they have a responsibility to call out violent behavior?

What does this event say about how women and girls should expect to be treated?  In the Me Too era, a time when native women have disappeared in shocking numbers, when human trafficking and domestic violence are still huge social problems, we know that women do need the strong protection of laws and social norms.  Is this kind of protection the same or different than what happened at the Oscars?

If you haven’t already, I encourage you to watch the documentary “When We Were Bullies.”  This film was also featured briefly at the Academy Awards as a nominee for best short documentary.  Ellen Bruno, the creator of the masterful film Split about the children of divorce was a creative consultant for this film, which is extremely well done.  It focuses on a 5th grade bullying incident and the lingering effects, 50 years later, on those who participated.  Like this essay, it raises important questions and examines context and perspective, but does not aim for simplistic resolutions.

As parents and adults who care about children, we need to have open conversations with them, and ask curious questions about bullying behavior vs. respectful behavior and the difference between control and power.  We need to ask ourselves what it really means to create safety for others, and what responsibility we all share when safety is violated.  And we need to always be aware that the most powerful tool in the adult toolkit is modeling the behavior we want our children to emulate and taking responsibility rather than blaming others for any time we (as humans) fall off the high road.

*Since this article was written, Will Smith has apologized publicly for his inexcusable behavior at the Academy Awards ceremony.  He has been banned from the Academy of Motion Picture Arts and Sciences and the Awards ceremony for 10 years.

Author: Deborah Clemmensen, M.Eq., L.P. is a Neutral Child and Family Specialist in
Collaborative Practice and Family Law
deborah.clemmensen@gmail.com

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In collaborative dissolution cases, this is a common objection when meeting for the first time with clients.  Another variation is, “I can be a terrific co-parent, just not with my spouse.”  I am often stymied by this reaction.  Of course, I know nothing about the other spouse except the views of my potential client.

My initial response is to acquiesce and to reject the collaborative approach.  But depending on the circumstances, both spouses bear the risk of escalating litigation.

A better approach is to persuade the spouse in my office of the advantages of the collaborative model, especially if the couple has trouble communicating.  They may have misperceived the resistance of the other spouse.  I consider the context.  The couple has typically been working toward a break-up for a long time.  They have often taken strong positions based upon strained communications.  I encourage the spouse to review the open communications features described in the Participation Agreement.

For example, in four-way meetings with clients and attorneys, both spouses can be safely heard without the risk that their words could later be regretted.  In addition, the spouses themselves can set the pace of the process rather than be bound by judicial deadlines.  This may be persuasive in cases where one spouse is more eager to end the marriage.  Resolution is often facilitated when some issues are allowed to “percolate.”

Another advantage of the collaborative process is cost savings.  Initially, this seemed to me to be counter-intuitive given the potential number of team members and meetings.  But when the alternative is communicating exclusively through the attorneys, these meetings are a bargain.

If a client in my office expresses a favorable view toward the collaborative process, another approach is to communicate directly in writing with the “stubborn” spouse.  The correspondence always contains the caveat that I represent only their spouse and I recommend they obtain their own attorney.  I include a general discussion recommending the collaborative model and provide IACP literature and brochures.

The letter accurately states that the vast majority of all divorces are resolved through settlement.  A major advantage with the collaborative process is the emphasis on preserving future relationships (especially where minor children are involved).

In discussing the problem of the stubborn spouse, one of my colleagues gave me permission to share the following experience.

He consulted with a woman who was knowledgeable and favorably inclined towards a collaborative divorce.  But she was adamant that her husband was too stubborn and controlling to ever agree to anything she suggested.  Nevertheless, she agreed that he could send her husband a letter recommending the collaborative process.  The letter was down-to-earth and explained the practical benefits of enhanced communications and interest-based negotiations.

To his client’s surprise, her husband agreed to give it a try and requested a referral to another collaborative lawyer.  As it turned out, the collaborative process proved successful.

The take-away for both collaborative professionals and clients is to continue exploring this option even when confronted with resistance from a stubborn spouse.  The process of reaching agreement is facilitated when couples can meet on their own terms.  Also, clients are often attracted to the collegial format.  If a resistant spouse is on the fence, share with them Father Frances Fleming’s sage advice, “Love your enemies.  It drives them nuts.”

About the Author

Gregory R. Solum, Attorney at Law
My goal is to guide my clients to their destination in a manner that is transparent, fluid and valuable. General Practice of Civil, Family, Probate and Appellate Law since 1980/ Mediator (including Family Court) since 1995/ Collaborative Team Divorce since 2000/ University of Minnesota Law School Instructor 1991-2009. www.solumlaw.com

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Children begin their lives constantly observing and emulating our use of language. A baby watches, listens and models her mother’s face saying “Ohhhh,” moving her own lips to form the shape of that sound. A toddler in his car seat repeats the word his parent blurted out when cut off suddenly in traffic, usually to the great chagrin of the parent. My 5-year-old granddaughter cocks her head seriously and says, “Well, actually, the most interesting thing is…..” just the way her mom does.

Knowing they are listening, seeking to understand, and emulating how we talk, adults must be mindful of what we say and how we say it in the presence of children. This may be especially important during the life crisis of a divorce, when children are already feeling vulnerable and anxious. Similar to being cut off suddenly in traffic, negative emotions during a divorce can quickly heighten, along with the risk of blurting out words one will later regret. When under stress, the guard rails filtering words can become wobbly or fall off altogether.

It’s not just angry, sarcastic, insulting words that children internalize, it is also the meaning of those words in the context of relationships. Children are deeply hurt and frightened when parents fight with each other, and not infrequently, will beg them to stop. What does it mean to them that the two most important adults in their lives are attacking each other this way?

We live in an era when disrespect, insulting and belittling words and verbal abuse are regularly tweeted out in all caps. Sadly, this has the effect of normalizing unfiltered language. This is hard enough to manage as an adult but giving vent to verbal rage will never be anything but damaging to a child. So, what can parents do if they feel triggered? They need to slow it down.

Two simple techniques to help create more mental and emotional space under stress are:

  1. Mindful breathing: taking at least four deep, slow belly breaths before responding; and
  2. Softening your eyes: focusing on relaxing the muscles around your eyes so they fall back into their sockets.

Both techniques will relax tension in your body, which helps to clear your head, strengthen your guardrails, and give you time to respond rather than react. If this can create more emotional safety for your children, it is well worth the effort.

Author: Deborah Clemmensen, M.Eq., L.P. is a Neutral Child and Family Specialist in Collaborative Practice and Family Law

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pexels-photo-704149Who would ever ask for a two month supply of elevated cortisol and high anxiety in their Christmas stocking!  Yet for many, the holiday season adds to rather than relieves stress as parents feel obliged to layer Hallmark fantasies about “the most wonderful time of the year” onto work demands, gift shopping, extra food preparation, children’s activities, cleaning and decorating.  The holiday season can feel challenging during the best of times. What about when holidays fall during one of the most difficult of times, when parents are in the process of separating or getting unmarried?  While feeling overwhelmed themselves, many parents worry that their divorces will cast a pall on Christmas or Hanukkah or winter solstice activities for their children.  Your kids don’t benefit if you make yourself miserable with unrealistic expectations for “business as usual” over the holidays if you’re running on empty and in pain.  But it’s also unfair to them to completely pull the plug on holiday celebrations for the same reasons. More than presents, your children need your presence, love and support, as they deal with their own feelings of sadness and loss about the family change. The winter holidays are all about hope and light, which children need to thrive, so help them find moments with you to experience them both:
  • Have a clarifying discussion with your co-parent about what to expect in terms of help with holiday rituals like decorating the house, shared gift-giving for the kids and possible shared activities like Christmas morning or one of the nights of Hanukkah.
  • Decide with your kids (or for them, depending on their ages) on a few heart-felt and meaningful ways to celebrate.  Having a do-able game plan can relieve stress. Now is a good time to create new rituals as well as honor the old.
  • Be authentic and set realistic expectations for activities and gifts if your energy and finances are low.  Resist any urge to blame your co-parent.  Putting your kids in the middle is guaranteed to make them unhappy.
  • Actively enlist your support system this year.  Most people who care about you will want to help, so give them a way. Cookies made by a friend or family member will be just as delicious, and someone would love to help you set up your tree.  Meet with your therapist, go to the gym, get that massage.
  • Affirm your support for your kids to enjoy holiday activities with both sides of their extended family.  When you are not with them, focus not on resentment, but on resting, renewing and recharging in the true spirit of the season.
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adult-apple-business-276549Have you ever wondered about how to do something that felt daunting but maybe not super complicated (baking a perfect soufflé, building a patio, learning to golf) and decided to follow the advice to “Just look on YouTube!”  So you find several videos on YouTube, select the one in your language, and set off to do this thing on your own.  How difficult could it be? The Catch:  It’s generally harder than it looks on YouTube Those demonstrations are done by people with lots of experience and expertise, who make it seem effortless.  And this will be the first time you’re doing this.  Perhaps all will go well,  but if it does not, your understandable reactions could include:  “Why didn’t anybody tell me soufflés need different baking times and temperatures at different altitudes!  How many times will I have to experiment to get this right?” “What am I supposed to do now?  I hit a big tree root while digging the patio foundation?” “Golf has a lot of moving parts!  I really do need lessons.” Because we don’t know what we don’t know, getting the right kind of specialized or expert help at the beginning of a project can be very valuable, can save time and expense and will help prevent frustration and anxiety. What Does this Have to do with Divorce? When ending a marriage, many couples hope to minimize conflict, expense and time by choosing an uncontested divorce process.  These range from DIY divorces using down-loadable forms to hiring professionals who do alternative or out-of-court dispute resolution.  I am one of those professionals, a neutral child specialist who assists parents and children in a variety of ways during the transition from marriage to getting unmarried.  Though I can work with any process, I often work on Collaborative Practice teams offering respectful, out of court, problem solving support for the legal, financial, relationship and parenting issues that are part of a divorce.  Those of us doing this work know that there can be complications, unexpected issues, lots of moving parts, and pieces of information not necessarily available to the general public about how laws work.   We especially like to help families at the beginning, to set people up for success. I know there are many couples who do not need or want professional services to have a respectful and equitable divorce, and I wish them all the best!  But if it becomes more complicated than it appeared on YouTube, please do not hesitate to call.  
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pexels-photo-669582 Empathy is the word for the capacity to understand another person’s perspective or experience without necessarily agreeing with it.  Empathy allows humans to be in synch and resonate with each other in spite of differences.  There is plentiful scientific and anecdotal evidence that humans crave the sense of being understood.  Feeling recognized and understood is one aspect of dignity and the belief that one has inherent worth as a human being. From my experience, I would like to share a few examples of how empathy can lead to wise decisions during a separation or divorce.  A young woman with whom I have a professional relationship recently told me that the nesting arrangement she and her spouse were using to ease their children’s transition during their divorce had become too difficult to maintain.  She essentially felt homeless and ungrounded, moving from the homestead to a shared apartment when on and off duty with the kids.  Her take-away from this experience was deep empathy for the task children face when needing to transition from one home to the other.  She said, “I completely get why we need to each have all the things our children will need to be comfortable in both homes, and why we should not ask them to pack suitcases for a transition.  They will need our patience and understanding as they get used to this.” Some parents with whom I worked on a parenting plan had empathy for the difficulty extended family members were experiencing as the holidays approached.  They recognized that people with whom they had been close didn’t know how to act, or whether to invite soon-to-be former spouses to events or holiday gatherings involving the kids.  In one case, a parent had misinterpreted silence as rejection, only to find that it was borne of confusion and sadness.  These parents decided to send a We Statement to both extended families, describing the respectful, collaborative process they were using in their divorce and the hard work they were doing to transition from a married couple to effective co-parents.  They said they welcomed questions and hoped for loving support for their children and for them as they made this transition. My third story of empathy involves a teen and his parents.  He worried that his mom’s feelings would be hurt because he wanted to continue working out at the home gym in his dad’s house, and not with the equipment his mom had purchased while expressing the wish that work-outs could occur in both homes.  He appreciated her gesture, but knew that his dad was experienced in spotting him and managing the work-out sessions, and his mom was not.  He understood that his mom wanted something special to do with him too, and we came up with a plan for his mom to give him cooking lessons (another interest of his) because she was a wonderful cook.  His parents also showed empathy for their son’s dilemma, and when given this feedback told him he was free to spend time at either home to enjoy special activities even if it wasn’t that parent’s official parenting time. The ability to be open and responsive to how another person thinks or feels is one of the gifts of being human.  It is also a healing force during times of distress and crisis.  Being empathetic demonstrates strength, and experiencing empathy is one of the foundations of resilience for kids.
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  family-492891_1920 Children deserve the best, safe parenting they can get from both their parents.  This is a fundamental guiding principle for my work as a neutral child specialist.  It sounds intuitiveand obvious.  But in the context of separation and divorce, what do these words really mean? Let’s start with the word deserve.  Deserve can imply earned by merit.  It can also imply entitlement and privilege by virtue of rank.  But neither is an accurate definition in this context.  The birthright of children with the benefit of having two competent and caring parents is to be nurtured, guided and unconditionally loved by both.  Regardless of the status of the relationship between their parents. What does best mean?  Not “we’re #1,” not competitively better than any other parents in our kid’s play group, not striving for perfection.  Best is what describes responsive, mindful, attuned, child-focused parenting.  Setting expectations that allow kids to achieve mastery without becoming overwhelmed.  Understanding that your child’s needs and perspectives are different than your own, and not suppressing his or her individuality. Staying centered and finding resources to help manage your own emotions to model how to handle hard times without falling apart.  Even during a painful separation or divorce. That leaves the word safe.  What is safe parenting?  Safe parenting does not mean that children will never experience pain, disappointment, loss, sadness or anxiety.  It means that when hard times come, parents turn toward and never away from their children and provide consistent empathy and support.  Safe parenting is clear-headed, not distracted or addicted.  Safe parenting requires good boundaries, emotionally as well as physically;  children do not exist to meet the needs of their parents.  Safe parenting means that kids never belong in the middle of conflicts between parents, even when parents are experiencing the distress of a separation or divorce.  Safe parenting means children do not feel abandoned. Parents’ actions and words create narratives and expectations children will carry throughout their lives.  These stories define self-worth and can make or break a sense of hope for the future.  Creating child-focused, developmentally appropriate parenting plan is one way to ensure your children’s narrative of divorce includes the best, safe parenting for them as they head into the future.
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483830182-loudspeaker-gettyimagesThe Four Agreements is a best-selling book by Don Miguel Ruiz that articulates principles people can choose to follow to stay out of conflict with others.  These principles are extremely relevant and helpful for parents going through a divorce or break up.  I have written in the past about the Second and Third Agreements (The Second: I will not personalize anything the other person says, does, thinks or believes; and the Third: I will make no assumptions).  This blog focuses on the First Agreement:  I will be impeccable with my word.  The First Agreement agreement is the foundation of trustworthy and effective co-parenting communication. To be impeccable means to be truthful.  It means to speak with the intention of being respectful rather than negative, critical or hostile.  It means to avoid spreading gossip, innuendo and half-truths.   It is a commitment to not use words as weapons to attack and try to hurt another person.  It means to only promise what you fully intend to follow through on. At first glance, the First Agreement seems like the easiest, especially since most of us are wired to generally see ourselves as the “good guys”.  We are always truthful, and all our co-workers find us reliable and respectful.  When we’re not impeccable with our word, we are justified, right?  We were provoked by the truly bad behavior of the other parent.  We were just trying to defend ourselves from their endless snark.  We were “just joking, for crying out loud.”  We were finally standing up for ourselves, and isn’t that our right? I get that our amygdalas have loud voices when another person has struck a nerve.  But there are three filters to apply to non-impeccable words:  do they help if my goal is to co-parent effectively?  Do I feel like a better person for having said them?  And most importantly:  Could my giving vent, being hostile, being judgmental, smearing my co-parent or lying to my co-parent ultimately hurt my child?  Too often the answer to the last question is yes, it can and it will. Bill Eddy is a lawyer and social worker who co-founded the High Conflict Institute, LLC.  Bill has been reaching out to family law courts and divorce professionals to equip them with tools to help parents follow the First Agreement during and after a divorce or break up, though he does not use the language of the Four Agreements in his work.   One of these tools I often recommend to my clients is the BIFF (Brief, Informative, Friendly and Firm) email protocol.  BIFF emails can work wonders to shift acrimonious exchanges to those that are businesslike and productive.  For more information and more ideas about how to become an impeccable communicator go to www.newways4families.com.
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482143431-thought-bubbles-above-frustrated-couple-gettyimagesIn an election year, we are exposed to an abundance of rhetoric.  As candidates debate and advertise to convince people to vote for them, I listen for words reflecting respect, dignity, the ability to listen deeply and the capacity to work effectively with those who may hold different beliefs. High conflict resulting in governmental gridlock puts people at risk, especially those who are most vulnerable. Yet listening to potential leaders, I hear repeated versions of  “I will never compromise.” Though this may be intended to project strength and resolution, does it not also sound rigid and contentious? What human values does this type of rhetoric represent? How expensive in time, money and emotional resources does endless gridlock become for the people depending on resolution? Divorcing parents are faced with the necessity to make many decisions affecting the future of their family. Their children are the most vulnerable family members, counting on their parents to work things out. What happens to children when their parents disagree and then refuse to compromise? When parents become rigid and disrespectful of each other, how does the ensuing gridlock impact their children? How expensive in time, money and emotional resources does this process become? Collaborative Practice is a method of alternative dispute resolution incorporating the values of respect, honesty and fairness. From the beginning of the process, clients are supported by their attorneys and by neutral professionals on their team to engage in interest-based negotiation to ensure both parents’ true concerns are heard, rather than positional negotiation that can easily lead to heightened conflict and expensive gridlock. For more information about how Collaborative Practice might work for your family, please check out the website of the Collaborative Law Institute of Minnesota.