Divorce Mediation & Psycho-Legal Evaluations

Child Custody & Planning For The Future

Divorce Mediation assists adults in planning for the future. When couples divorce there are numerous aspects that need to be worked out and planned so that both parties understand and respect the final decisions made. These decisions revolve around child custody or timesharing: challenging components of divorce to work through, especially in difficult situations.

During Divorce Mediation, both people involved agree to work towards a negotiated settlement. Each party will then take the negotiated settlement to their respective legal representatives for approval post mediation.

Throughout the Divorce Mediation process, the Divorce Mediator does not make decisions on behalf of the couple or their family. Instead, they will facilitate the Divorce Mediation process and steer discussions towards a solution that best works for the children, the couple and the family as a whole.

Benefits of Divorce Mediation

Besides assisting couples in finalising the details of their separation, Divorce Mediation is a cost effective solution that does not drag on indefinitely. In fact, Divorce Mediation is often a quicker solution and a more pleasant experience for those involved.

What should parents keep in mind during Divorce Mediation?

Both parents need to obtain a complete picture of the family, including any factors that may impact their lives. These factors include schooling, extended family involvement and support as well as emotional or psychological factors.

When should Divorce Mediation be used?

Divorce Mediation may be voluntary or mandatory. In the case of a court order, divorcing couples need to complete a specific number of sessions with the Divorce Mediator in order to fulfil the court order.

Children’s involvement in the Divorce Mediation

According to the new Children’s Act 38 of 2005, if the child of the divorcing couple is legally old enough and mature enough, they have a right to be heard. Their wishes are then taken into consideration as far as possible.

Divorce Mediation bookings should be made only if both parties agree.

Case Management

Usually conducted by a Social Worker or trained professional, Case Management concentrates on divorce cases where there are children involved. During the Case Management process, the parents have the opportunity to meet with the Social Worker on a weekly, monthly or “needs related” basis. They also have the choice of visiting the children alone or together as a “couple”.

What happens during Case Management?

Case Management is designed to support the parents post divorce, so as to minimise the stress and negative effects the divorce could have on the children. The Case Manager can assist parents in clearly determining their goals and making decisions that are in the best interests of their children.

What are the benefits of Case Management?

There are numerous benefits of Case Management, especially when there are young children involved in the divorce process. Problems and issues that may seem impossible to overcome are worked through and managed through meetings with the Case Manager on a regular or “need to” basis. This will certainly minimise the harmful effects on the children due to the potentially vengeful decisions on the part of the parents.

Case Management is an integral part of the divorce process. Ensure that you protect your child’s interests.

Parenting Plans

Parenting plans are drawn up in a written agreement between the parents or co- holders of parental responsibilities and rights of the child/ children. The parental planning document outlines in detail each parents’ responsibilities and rights of care, contact, guardianship and maintenance with regard to the child/ children.

Parenting Plan types

There are two types of Parenting Plans. The first Parenting Plan is voluntary or optional. In this case, parents usually draw up a Parenting Plan so as to have a formalised structure in place prior to any difficulties occurring.

The second type of Parenting Plan is where difficulties already exist and it pre- empts parents having to go to court to resolve the issues.

During either one of the above types of Parenting Plans, wherever there are concerns regarding the care and contact of the children, parents may address the problem with the counsellor.

Common occurrences to take into account

• Where and with whom will the child live (primary residence?)
• Child Maintenance
• Contact between child/ children and both parents
• Contact with other relevant people in the child/ children’s life
• Schooling and religious upbringing
• Medical care for the child
• Conflict resolution in the future

Ensuring that each child is heard and that their concerns are noted is an extremely important part of the process. This is obviously age and maturity related. Once the terms have been agreed on, each parent signs the written Parenting Plan document which may then be made an order of court or registered with the Family Advocates office.

Plan ahead and protect the well being of your children and yourself.

Child Custody Evaluations

Child Custody Evaluations, also known as Bio-Psycho-Social Assessments, are conducted by an impartial trained professional with the underlying value base of what is in the very best interest of the child. The purpose of a Child Custody Evaluation is to find the best possible fit between the parent’s current situation and the child’s/ children’s’ needs. This should ultimately meet the needs of the child/ children post divorce or separation.

Child Custody Evaluations are conducted transparently with the knowledge of both parents and/ or the legal representatives.  In the ideal situation, both parties’ circumstances, desires, wishes, work schedules, support structures and other relevant issues are taken into account.Individual parent interviews as well as home visits are conducted during the Child Custody Evaluation. This allows for an honest, overall view of the family circumstances. Age appropriate children are urged to provide feedback in their home environment.

Once the Child Custody Evaluation is complete, the Social Worker/ Professional makes written recommendations regarding the parenting arrangements going forward. These best suit the developmental needs of the child.

The Child Custody Evaluation results may be used in court or in legal proceedings as a basis for a parenting plan.

Child Custody Evaluation bookings are essential

Children and Divorce

Any child experiencing a parent’s divorce will have various requirements. It is important that whilst parents are dealing with their personal issues and legal requirements, that their children too are being considered.

What does a child need from both mom and dad during and after a divorce?

Both parents need to remain involved in their children’s lives, regardless of how difficult the circumstances are. Frequent letters or phone calls are the best ways of staying in touch. Asking lots of questions and staying involved is one of the most important parts of the process.

Enjoy time with the children. It is essential that children feel love and support from both parents. Don’t make a child feel as though they need to take a parent’s side.  Communication remains one of the most important tools in this process. Ensuring that you speak to the other parent directly and not sending messages through the children will put less strain and burden on your children’s shoulders. When speaking about the other parent in front of the children, say only pleasant things. Getting nasty about the other parent could cause resentment towards you and/or damage the relationship betweeen the child and other parent.

Do not feel that because you and your ex- spouse do not live together that your right to teach your children about what is important has been removed. You are still a parent to the children and they need you to guide them through life.

Learn how to maintain a stable and healthy relationship with your children and ex- spouse, post divorce.

Medico- Legal Evaluations

Medico– Legal assessments are conducted to determine the pre and post accident functioning of an individual who has been injured. The psychologist conducts the Medico- Legal Evaluation in order to help determine the validity of claims for the compensation from claimants with personal injury.

The injuries that are sustained are usually due to motor vehicle accidents. Claims may be directed to the Road Accident Fund, should the accident be caused by another motor vehicle.

Claims may relate to the various possible damages incurred by the claimant as a result of the injuries sustained in a motor vehicle or other accident. During the Medico- Legal Evaluation, the following is assessed:

• The psychological impact of the accident (post- traumatic stress, depression)
• Physical injury (disfigurement, disability, brain injury)
• Financial (such as a resultant or projected loss of earnings; medical expenses)
• Other damages (such as the loss of amenities as a result of the injuries sustained or the inability to continue in mainstream education due to paediatric head injury)