INFANTS AND TODDLERS: FURTHERING OUR COLLECTIVE UNDERSTANDING

OF THEIR NEEDS IN POST-SEPARATION PARENTING PLANS

6th World Congress on Family Law and Children’s RightsSydney, Australia17-20 March 2013

MARIE L. GORDON Q.C.Edmonton, Alberta

CANADA

Introduction

These are the most difficult of files for the family law practitioner, the judge, mental health professionals and client

Huge diversity of opinion on attachment/overnights/breast-feeding, even amongst the professionals

Further factors that offer challenges……

Little or no relationship history between parentsHuge amount of fear on the part of all players

“What if we don’t get this right?”Lots of first time parents Younger parents without parenting experienceCouples with no experience handling conflict with each otherParticipation(good and bad) from grandparents and extended familyChildren so young they have no voiceMistrust and hostility“Father Fear”Time moves fast for infants and toddlersLess money to afford expensive help and/or assessments

Early childhood development/what the experts say

A survey of case law from Canada

Breastfeeding of infants and toddlers

Judicial notice?

The use of parenting schedule guidelines

Conclusion

Early Childhood Development and What the Experts Have to Say…

How the conversation looks from the outside“tracking the conversation”

Bowlby

Solomon and George

Kelly and Lamb

Kline Pruett, Ebling and Insabella

Warshak

Garber

McIntosh, Smyth, Keleher, Wells & Long

Cashmore & Parkinson

SUMMARY

CANADIAN CASE SURVEY AND TRENDS NOTED:

What’s happening in the Canadian scene?

Moving from “when do overnights start”Radical changes over the last 10 yearsWhat are the important messages concerning post-separation arrangements for infants and toddlers (and what’s frequently in short supply)?

Need for open and positive communicationPeaceful transitionsClose proximityCooperation on feeding and sleeping schedulesSharing important info re: problems and changesAn attitude of support….

When do overnights start?

A review of Canadian cases - the last 10 years

Overnights and beyond?

Additional terms and Conditions for Infants and Toddlers

Summary of Trends in Canadian jurisprudence

Breastfeeding of Infants and Toddlers – Keeping Abreast of the Issues…

and at one end of the spectrum we have…and at the other end…

What does a survey of Canadian case law tell us (about adjudicated outcomes) ?Important case comments/articles

Professor Fiona Kelley “Custody and Access Decision-Making and the Breastfeeding Child” (2009 Canada)L. Sweet and C. Power “Family Law As a Determinant of Child Health and Welfare: Shared Parenting, Breastfeeding and the Best Interests of the Child” (2009 Australia)

A Survey of Canadian Cases and Trends on Breastfeeding after separation

Other materials of interest…

Mammary Summary

Judicial Notice: Use of Social Science Literature in Court

To what extent can/should judges rely on social science literature on attachment issues in decision-making?

Reliance on SS literature in Canada – two sides of the coin….

Judicial Notice defined…narrowly and broadly

Modern judicial education (multidisciplinary – more than the law…)

Controversies over use of SS materialWho cites it?Relying on law review articles v. social science research?Citing and re-citing….

The Use of Parenting Schedule “Guidelines” law is the balancing act between

perfectly customized solutions , andrules and guidelines

Growth of guidelines in family law…The problem with imposition of ‘standard’ guidelines…A sampling of parenting schedule guidelines…. ( and a little bit about what they say…)

CONCLUSION: we need specialized understanding of cases involving infants and toddlers.. the special struggles of parents dealing with this cohort of childrenthe huge mountain of writing by social science experts/researchers/clinicians – how do we make sense of it?where is there consensus?drawing on the Canadian experienceControversies over presumptions in favour of shared parenting???Use of guidelines – a help or hindrance?Hoping for a future with more qualitative and quantitative research to reduce litigation and conflict….