Kamis, 27 Juli 2017

The 7 Strategies for Determining Your Parenting Plan

The Parenting Plan is the parental agreement setting out how the children will be cared for between separated parents. Most broadly, it stipulates the residential arrangement and how decisions shall be made affecting the child. The parenting plan may also include agreements with regard to extra-curricular activities, education, faith and health. If there are particular needs or wants by either parent or regarding the child specifically those can be included too. In the event parents cannot agree on something that arises upon completion of the Parenting Plan, the plan can also include a statement as to how differences will be resolved. Essentially, the Parenting Plan is the road map that separated parents will follow for the raising of their kids.

The objective in detailing a Parenting Plan is to provide as smooth a parenting path to follow as possible so your children can enjoy a meaningful relationship with both parents to achieve a good developmental outcome - be a well rounded person who gets along with others and is successful in life.

While some parents may fret the details of the plan, the most important determinant to how well children of separated parents develop has less to do with the actual details, including the time lived in each parent's home, faith, choice of school, extra-curricular activity, etc. The most important determinant is actually parental conflict. The greater the conflict between the parents, the greater the risk for a poor outcome for the child. The degree to which parents can find reasonable solutions to their differences, the children are better off. The degree to which parents may find themselves in ongoing conflict, then the greater the necessity or specifying as much detail as possible and the greater the necessity to limit or control for contact between the parents.

As best as possible, parents are encouraged to develop parenting plan between themselves, as opposed to having a plan imposed through court or arbitration which is not to say that court or arbitration may not be necessary, but should be considered a last resort.

The reason for parents to first try and develop a plan between themselves is because no other third party will ever know the details of your life, like yourselves. Further, those plans agreed to between parents tend to be better followed and longer lasting. While a solution may be imposed through court or arbitration, inevitably one or other parent is dissatisfied with the outcome and that parent may try to change it either directly by seeking to return the matter to court or arbitration or indirectly by doing what they want to do anyways. Thus imposed outcomes, do not necessarily end conflict.

Consider these strategies when seeking to resolve a Parenting Plan;

    Sit down privately with the other parent to discuss matters between yourselves:

    If you are concerned about behavior and still want to discuss things directly with the other parent, choose a public place to meet or include a mutually agreed upon person to join you. This can be someone you both trust in a professional capacity, your clergy, a counselor, a mutual friend (who is able to remain neutral);

    Meet with a trained counselor whose expertise is helping separated parents communicate between themselves;

    Meet with a mediator whose expertise includes working with separated parents. A mediator is a professional whose expertise is helping people in conflict reach agreements between themselves by working with them together, even though the notion can be anxiety producing. You only need to be willing to try. You don't have to believe that yourself or the other parent will actually come to an agreement. In fact, more often than not, people who attend mediation are of the opinion that it is "the other person" who will not be ale to reach an agreement, yet most matters do settle or at least are narrowed down by the process;

    Retain "collaborative" lawyers and sign a participation agreement. Collaborative lawyers are trained in helping people find solutions to their differences without the threat of going to court. Like mediators, they work outside of the court system and can help you craft specific agreements taking into account the particulars of your situation. Also like mediation, collaborative lawyers and parents meet and work together to arrive at mutually acceptable solutions;

    Lawyer assisted negotiation is more for those persons who will not meet together. Each parent tells their own lawyer their view of the situations and what they hope to achieve. The lawyers then negotiate between themselves on your behalf. With this approach, you may never know how well your lawyer represented your situation and you may not be privy to their actual communication with the other lawyer. In the hands of a killed negotiator who themselves will remain civil, respectful and not inordinately demanding but conciliatory, this can lead to a resolution. However, this approach is at risk of actually inflaming conflict and the parents will likely never achieve the degree of specificity they may desire because the lawyers will never be as intimately connected to your situation. If you use this approach, ask to read every letter your lawyer sends on your behalf before it is sent. Angry demand letters produce angry demanding responses. Know what is being sent as those letters will represent you to the other parent. Unfortunately, in many cases, lawyer assisted negotiation increases conflict and is a prelude to litigation

    Litigation is the option of last resort where the final outcome is fully in the hands of a third party, be it a judge or an arbitrator (private judge). Litigation often entails the telling of respective stories from the past that may have little to do with the present situation, but presents each parent in the worst possible light. This can hurt relationship beyond repair. However and with arbitration specifically, you at least get to choose who hears your case and typically people choose an arbitrator who has particular expertise in the area of concern. However, arbitration is a privately paid service and hence may be more expensive than court, particularly if both parents include their lawyers. Arbitration can be less costly though if the parents share the cost and attend on their own. There are many pro's and con's to attending court or arbitration and with or without legal representation.

Be careful who you seek advice from to determine which approach is best for you. There can be considerable bias towards the service one offers. To determine what is best for you, it is advisable to speak with several mediators, collaborative lawyers and litigators. Beware of hollow promises and keep in mind that agreements made between the parents directly, no matter how they are assisted, tend to be better followed and longer lasting.


Sabtu, 08 Juli 2017

Why Parents Should Put Children Before Marriage

We live in an age when love, sex and intimacy seem to be many people's epitome of happiness. Yes, we seek other ways to find happiness and fulfillment, but the rate of divorce and the percentage of single parent families compared with two-parent families tells me that parenting is either of less importance to parents than marriage or that they are uninformed about the effects of divorce on their children. Parents who leave an unhappy marriage for the sake of their children are not in possession of all the facts or are misguided in their belief that divorce is in the best interest of the children. The best wisdom out there says that children of divorce suffer more than children of unhappy marriages.

Here are 7 reasons why parents should put parenting before marriage.

1. Children need two parents more than they need a perfect home

The influence of both a male and female parent on a child's development cannot be understated. A good mother, on balance brings a nurturing, protecting and comforting aspect to a child's life, while a good father brings his child stability, security and strength. Mothers tend to be more emotional, fathers more rational. Mothers tend to be more understanding, fathers more decisive. A good mother may offer her child a shoulder to cry on while a good father may show his child how to get up and move on.

Of course, a good parent possesses all these qualities and shares the responsibility for providing their child with all their needs. But it is in the nature of a male parent to provide a child with answers and solutions and direction while it is more inherent in a female parent to be protective of a child's emotional well-being and to be a good listener without feeling the need to give her child a logical solution to their problem.

Having both a male and female parent present in the home teaches a child how to explore and develop both the masculine and feminine aspects of their own character. In balanced adults there is a healthy presence of both male and female characteristics. In women, the balance will tend to be more feminine and in men, more masculine. If a child is to have the best chance to develop emotional stability then two parents are needed on a daily basis. Even the slightest change in the balance will have an adverse effect on a child's emotional and intellectual development.

2. A child has a right to be brought up by two parents

Marriage is a choice that two people make for themselves. It is rarely a selfless or altruistic act. People marry because they find someone who brings them happiness and fulfilment in life. Of course, there is also the promise to live to make the other person happy. Even though the phrase "for better or for worse" is still often said in the marriage vows, more and more this promise is being broken as married couples find it's a promise they are unable or unwilling to keep.

However, when a child is born into the marriage, it has rights which far outweigh the needs of the parents. Even though a couple desire to be fulfilled in their personal relationship with each other, a child has the right to be brought up by two loving, caring, selfless parents: parents who put their child's interests before their own.

Parents rarely make a commitment to their children when they are born, but children ought to expect that their parents will do whatever it takes to give them a stable, loving home in which to grow and develop. In a good parent, the rights and needs of their child will always come before their own, whatever the cost to themselves.

3. To be a parent is a moral obligation - not a choice

There is never a time as long as a parent and a child are living when they will not be connected. Even if estranged, a parent will always be the parent to their child. There is no divorcing a child. There is no saying to a child 'I'm sorry, I don't love you anymore, this simply isn't going to work'. But when two parents say that to each other, they are in some measure saying it to their child. Parents may put a spin on divorce by saying to the child 'it's better for you in the long run' but the truth is - it isn't. A child's perspective will be 'you don't love me enough to stay together and make your marriage work' - even if only subconsciously. While some may say 'I'm glad my parents split up - I couldn't stand the shouting', what would they have said if their parents had found a way to make the marriage work in order to keep the family home together? Or are they even aware of the effects that growing up in a broken home has had on them?

The love between a husband and wife can wane or even be extinguished, but the love of a good parent is unconditional and unmovable. A marriage can breakdown and be dissolved, but the love that a good parent has for their child can never be diminished and their commitment to their child can never be undermined or broken. The commitment that a parent has to their child is not one based on choice, it's one based on moral obligation. It would be even better if it were based on unconditional love. What lengths would a good parent go to to provide their child with the very best upbringing they could if they truly loved them more than themselves?

4. A child deserves and expects it

During their formative years, children depend upon both parents to show that they are committed to them. They need to see that they are loved and to know that their home is stable and secure. They need to know that no matter what storms the family has to face together, the foundations of the family home cannot be shaken. Children need the certainty that the love their parents have for them comes above their own personal happiness - that it indeed comes before their love for each other. When a parent puts a child's interests second to their own it will make their child feel unloved and second-rate. The child will begin to doubt their own worth and their value to the parent. After all, what kind of love puts someone else second?

If a child doesn't deserve a parent's unconditional and undying love then who does? Children are vulnerable and need protecting. Parents have a responsibility to give their child the best parenting they possibly can whatever the cost to themselves. A child has no reserves on which to draw to cover the emotional shortfall which results from growing up in a broken home. Parents, on the other hand should be prepared to go into emotional debt if they have to in order to make sure their child does not grow up emotionally poor or crippled.

5. Spouses can expect too much from each other, but children never expect too much from their parents.

Marriages are not perfect, neither are parent-child relationships. But a child deserves understanding, provision, support, affection, and security moreso than a spouse. After all, when two people get married, they make an agreement to love each other and provide for each other's needs. When a child is born, no such agreement takes place. A child simply grows up expecting all that's coming to them. When one person in a marriage fails to uphold their part of the agreement, the other has every right to withdraw their own part of the agreement. So often, when the love that one has for the other depends on what they 'get' out of the relationship, if they ain't 'getting' then the love dies. But this only works one way with a child-parent relationship.

When a child fails to be a perfect child, a parent cannot abandon them or withdraw their love from them. The child still has the right to expect to be loved unconditionally. Children owe nothing to their parents, but parents owe everything to their children. If a child fails to love a parent as they would like to be loved, the parent must go on loving their child nonetheless. The child has no debt of love to pay to the parent. But if a parent loves their child unconditionally, that child will grow up to love their parent too. If a parent fails to love their child more than themselves, the child will withdraw from the parent to a greater or lesser degree.

Even though good parents will fail their child in some measure, a child's expectations of the parents are always right - even if unrealistic. Good parents will always understand that they are not married to their child - they are inextricably connected and committed to their child and that a child has a birthright to expect unreserved love and commitment from their parents regardless of how much a child returns their parents' affections or lives up to their expectations.

6. A broken home results in a broken child

Somewhere along the way, when a child is brought up by one parent or by two parents who live apart, something in the child is lost or broken. Having two parents who could not find it in themselves to stay together to give them a stable home will have a detrimental effect on a child. It may not emerge till later in life, but a person from a broken home may find it difficult to make strong emotional connections with others. Statistics show that people from single-parent homes are less successful in life - even years afterwards - than those from two-parent families.

While parents may argue that they split up for the child's sake, in actuality, it's rare that divorce ever benefits a child. Growing up in a home even where parents are disconnected or in constant disagreement gives a child more stability and normality than growing up where they have to deal with the loss of the two-parent home. A child growing up in a broken home grows up grieving for the intact home where two parents are available on a daily basis to provide them with the moral, emotional and intellectual support essential to their development and nourishment. The best parenting cannot be done over the telephone or on weekends. The best parenting is done on a daily basis and in partnership with the other parent. No matter how parents try to justify divorce, it will nearly always result in a broken child.

7. Putting parenting first may save a marriage

Children should never be used as an excuse not to leave a marriage, but they can be the reason why a parent would stay in a marriage. The difference is that if a parent knows that to provide their child with a stable, loving and peaceful home in which to grow up will give them the best possible start in life, it may give them the resolve they need to work harder at their marriage than if they had not been a parent. Whereas, not leaving a marriage for the sake of a child is a mindset which can result in a parent putting too much responsibility on their child to bring them personal happiness.

If parents can proactively take steps to make a marriage workable so that their child has the home they deserve, they may find that their marriage becomes less of a disappointment. Focusing on the needs of their child and resolving to work at their relationship for the sake of their child doesn't necessarily mean that the marriage is false or a sham. It merely shifts the priorities of the marriage. Nor does it mean that the child carries the burden of keeping the marriage together. It merely requires a level of giving to the child that supercedes the parents' desire to take from each other. Providing a child with a good home is one of the best reasons two people can stay together.

Who said that romance or sex or a great social life are the only reasons to be married? Surely, providing a child with a loving home is as good, if not, a better reason for working at a marriage than all the others put together? The result of working at the marriage wouldn't be to prevent the pain of separation for the parents, it would be the enduring and immeasurable investment that they make in the well-being and personal development of their child. If parents can keep their child the focus of their ambitions and desires, they can find ways they otherwise wouldn't have done to make their marriage workable and as enjoyable as possible and thus provide their child with the parents and the home they deserve.