• About
  • Contact
  • Subscribe
  • Download App
  • Virtual Summit
  • Benefit Hub for Subscribers Only
SWHELPER | Social Work | Social Justice | Social Good
No Result
View All Result
  • Login
  • Register
  • Home
  • News
  • Culture
  • Mental Health
  • Politics
  • Tech
  • Disability
  • Webinars
  • Podcast
Find/Post Jobs
  • Home
  • News
  • Culture
  • Mental Health
  • Politics
  • Tech
  • Disability
  • Webinars
  • Podcast
No Result
View All Result
SWHELPER | Social Work | Social Justice | Social Good
No Result
View All Result
Home Human Services Child Welfare

What is Collaborative Law and Social Work

Gary DirenfeldbyGary Direnfeld
September 14, 2018
in Child Welfare, Parenting
0
ADVERTISEMENT
Share on FacebookShare on TwitterShare on LinkedinShare on PinterestShare via EmailShare on Reddit

Collaborative Family Law offers divorcing couples a new approach to untangling marriage. The traditional approach has family lawyers settle disputes with at least the threat of litigation.

Collaborative Family Law takes the threat of litigation out of the equation to concentrate on helping the parties settle between themselves yet with legal support. Litigation is not an option.

Lawyers practicing Collaborative Family Law report more satisfaction with this form of practice and believe that negotiated settlements leave the parties more intact as individuals and as parents.

Along with the new approach to settling disputes, there is a new role for those professionals who would otherwise practice divorce mediation or provide custody and access assessments.

These professionals, often social workers and psychologists, are being reenlisted by Collaborative Lawyers as Divorce Coaches and Child Specialists.

In traditional family law, a Divorce Coach may be hired to prepare one parent for court in order to gain a strategic advantage in the litigation process. In the Collaborative Law context, the Divorce Coach helps the parent to understand emotional issues that could cause him or her to be unreasonable.

In other words, in the former context, the coach helps make a better warrior for the battle of litigation, while in the latter context the coach helps make a better conciliator to facilitate settlement. Within the Collaborative Law model, each parent has his or her own Divorce Coach.

The “Child Specialist” is generally described in therapeutic terms, working with the children directly. In this context, the Child Specialist meets with the children to help them deal with the impact of the parents’ divorce on their lives. The Child Specialist may also share information with parents to help them protect the children from untoward outcomes.

There can be challenges arising when using individual Divorce Coaches and Child Specialists as described. Each coach may provide perspectives or information to their respective client that pulls them in different directions, confounding settlement. Certainly “over-identification” with one’s client is a risk inherent in any form of individual support.

Further, when a Child Specialist meets alone with children, there can be conflicts of interest and confidentiality issues if the Child Specialist then reports to parents. Some jurisdictions have confidentiality rules for counsellors working with children, particularly early adolescents.

There are ways to mitigate these issues.  Social workers have a rich tradition in working with entire family. As such, the social worker can engage the entire family in a consultant role. Within this role, perhaps titled Family Divorce Consultant, one social worker would be assigned rather than hiring two separate coaches.

Working from a system’s theory perspective and using clinical discretion, the social worker would have latitude to meet with the entire family system and/or pertinent subsystems (marital, sibling, parent-child and even individuals) as necessary.

The Family Divorce Consultant’s involvement would be time limited and goal directed. The goal is to facilitate the transition to a new family structure (pre-divorce to post divorce) whilst maintaining the integrity of pertinent relationships. Further, the consultant would provide education to the parents to facilitate their mutual interest – the well-being of their children now and developmentally.

Social Work has much to offer Collaborative Family Law. Social Work is built on a tradition of inter-disciplinary teamwork with the goal of win/win outcomes. The structural changes sought to facilitate post-divorce adjustment meet well with the training and values of social workers. Collaborative lawyers and social workers make a natural team.

Collaborative lawyers looking for social workers should consider those with; a “systems” perspective; custody and access experience; current knowledge of relevant theory and practice of divorce and child development; and good inter-personal boundaries. Collaborative Law marks a revolution in thinking. Next will be interesting to view the evolution. Social work is a good fit.

Share this:

  • Click to share on Facebook (Opens in new window)
  • Click to share on Twitter (Opens in new window)
  • Click to share on LinkedIn (Opens in new window)
  • Click to share on Tumblr (Opens in new window)
  • Click to share on Reddit (Opens in new window)
  • Click to share on Pinterest (Opens in new window)
  • Click to print (Opens in new window)
  • Click to email a link to a friend (Opens in new window)
ADVERTISEMENT
Previous Post

Mental Fitness: We Can Actually Train to Become Resilient Leaders!

Next Post

How a Maori Model of Improving Care Experience Has Been Transformative for a Family in Glasgow

Gary Direnfeld

Gary Direnfeld

Gary Direnfeld, MSW, RSW is a Canadian Social Worker in private practice and a Social Work Helper Contributor. From his 65 episodes of the hit show Newlywed/Nearly Dead, to over 300 columns as the parenting expert of a major metropolitan newspaper, to more than 250 media appearances, to his book, Marriage Rescue: Overcoming ten deadly sins in failing relationships.Courts in Ontario, Canada, consider him an expert in social work, marital and family therapy, child development, parent-child relations and custody and access matters He speaks at conferences and workshops throughout North America.

Related Posts

To Address the Child Care Crisis, Talk to Low Wage Moms
Child Welfare

What is Early Trauma and Why Does it Matter?

January 7, 2023
Depression: Youth, Counseling and Antidepressants
Child Welfare

Body Safety Education for Children to Help Lessen or Prevent Sexual Abuse

January 7, 2023
Forensic Social Work and Its Importance in the 21st Century
Child Welfare

Advancing Global Justice through Forensic Social Work Education and Practice

January 7, 2023
Social Emotional Learning Skills by Grade Level: Part III
Education

Social Emotional Learning Skills by Grade Level: Part III

October 15, 2021
Social Emotional Skills by Grade Level, Part II
Education

Social Emotional Skills by Grade Level, Part II

October 14, 2021
Social Emotional Learning Skills by Grade Level, Part I
Education

Social Emotional Learning Skills by Grade Level, Part I

October 13, 2021
Next Post
How a Maori Model of Improving Care Experience Has Been Transformative for a Family in Glasgow

How a Maori Model of Improving Care Experience Has Been Transformative for a Family in Glasgow

7 Tips for Staying Strong During Your Recovery from Addiction

7 Tips for Staying Strong During Your Recovery from Addiction

Leave Comment
ADVERTISEMENT
What Can Be Done To Solve The Foster Care Crisis?

Ending the Therapeutic Relationship: Creative Termination Activities

June 24, 2022
What Feelings Are In Your Heart: An Art Therapy Exercise for Kids

What Feelings Are In Your Heart: An Art Therapy Exercise for Kids

June 19, 2022
Want to Work With Children: 5 Skills and Qualities You Should Be Working On

Want to Work With Children: 5 Skills and Qualities You Should Be Working On

April 7, 2019

Connect With Us

Twitter
FlipboardInstagram
ADVERTISEMENT
Facebook Twitter LinkedIn Instagram TikTok
SWHELPER | Social Work | Social Justice | Social Good

  • Contact
  • Subscribe
  • Buy Merch
  • Download App
  • Terms of Service
https://youtu.be/jWzjyPoSjtw

© 2022 Social Work Helper, PBC

No Result
View All Result
  • Home
    • News
    • Culture
    • Technology
    • Politics
    • Criminal Justice
    • Social Work
    • Education
    • LGBTQ
    • Technology
    • Disability
  • About Us
  • Contact
  • Webinars
  • Virtual Summit
  • Career Center
  • Download App
  • Subscriber Benefit Hub
  • Subscribe
  • Login
  • Sign Up
  • Cart

© 2022 Social Work Helper, PBC

Welcome Back!

Sign In with Facebook
Sign In with Google
Sign In with Linked In
OR

Login to your account below

Forgotten Password? Sign Up

Create New Account!

Sign Up with Facebook
Sign Up with Google
Sign Up with Linked In
OR

Fill the forms below to register

*By registering into our website, you agree to the Terms & Conditions and Privacy Policy.
All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In
This website uses cookies. By continuing to use this website you are giving consent to cookies being used. Visit our Privacy and Cookie Policy.