Thinking Outside the Box
Decisions made in family court that affect the life of the
young child, but that are not based on well-researched theories
of psycho-social development, such as attachment theory, hurt
the very validity of the court. These decisions also can result
in short- or even long-term psychological damage to the individual.
In
many states, young children do not have legal representation
of their own. Every child should have the right to have his
or her developmental needs fully described in court. That child’s
unique life history must be understood if informed decisions
are to be made on his or her behalf, and appropriate parenting
plans created. This requires an understanding of the research as well as of the
individual child. It cannot be accomplished by lawyers alone. Children also need
advocates who understand developmental theory and research, and their particular
needs.
When evaluating a parenting plan, toddlers and preschoolers
have the ability to indicate how well it is working. Even nonverbal
infants can express their needs in a subtle manner. Advocates
are essential at this stage, as well, to let the court know
if the plan is working. When will this vital process become
standard in the family court system? It seems we have a long
road to travel.
More Thinking Outside the Box
