The Docket- The Children’s Law Center
divide in a family following marriage. Therefore, there is
a presumption that children born of the relationship will
also remain with the paternal relatives. When a couple divorces, children stay with the maternal family until they
reach a certain age, and then go to reside with their father.
Accordingly, in our high-conflict case, there was the presumption by the paternal family that the children would
remain with them, simply based on the fact that they had
always resided with them.
In addition, many cultures have different class systems
or socio-economic divides which can impact family dynamics. Within any culture, there can be a vast socioeconomic divide that is related to both wealth and education, which tend to be interrelated. We learned that there
are underlying cultural assumptions that come along with
wealth, education, and level of religious observance and
the impact these factors have on the perceived ability to
raise children. Similarly, within many cultures there are
competing views on traditional versus modern approaches to raising children. In our high-conflict case, both
sides argued that they could provide a better home for the
child. Their arguments focused on the economic status of
the other party, their respective educational backgrounds,
and their degree of religious observance. We had to be
very sensitive to these issues and respect the families’
priorities, while also attempting to explain that, under
the framework of our statute, economic status was one
of many factors looked at in assessing what living environment was best for the children. Our clients loved and
wanted their parents who disappeared from their lives
abruptly. They loved their maternal and paternal relatives and had limited knowing, voluntary and considered
judgment to help develop their voice in the proceeding.
So in order to achieve a resolution that did not have our
clients lose more familial relationships, we had to balance
their families’ cultural priorities with our own concerns
regarding the children’s general well- being.
Ultimately, we shared in our presentation that we used
the tools of mediation and negotiation to forge communication and applied the outcomes of those two mediums
to address the legal, social work and cultural needs of this
case and our clients. With this framework, the families
were able to bridge their differences to and learned to coparent the children despite how emotionally charged the
case was. We were also able to avoid the impact of a long
protracted trial for our clients who are now with family
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