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INFANTS AND TODDLERS:

INFANTS AND TODDLERS:. FURTHERING OUR COLLECTIVE UNDERSTANDING OF THEIR NEEDS IN POST-SEPARATION PARENTING PLANS 6 th World Congress on Family Law and Children’s Rights Sydney, Australia 17-20 March 2013 MARIE L. GORDON Q.C. Edmonton, Alberta CANADA. Introduction

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INFANTS AND TODDLERS:

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  1. INFANTS AND TODDLERS: FURTHERING OUR COLLECTIVE UNDERSTANDING OF THEIR NEEDS IN POST-SEPARATION PARENTING PLANS 6th World Congress on Family Law and Children’s Rights Sydney, Australia 17-20 March 2013 MARIE L. GORDON Q.C. Edmonton, Alberta CANADA

  2. Introduction These are the most difficult of files for the family law practitioner, the judge, mental health professionals and client Huge diversity of opinion on attachment/overnights/breast-feeding, even amongst the professionals Further factors that offer challenges……

  3. Little or no relationship history between parents Huge amount of fear on the part of all players “What if we don’t get this right?” Lots of first time parents Younger parents without parenting experience Couples with no experience handling conflict with each other Participation(good and bad) from grandparents and extended family Children so young they have no voice Mistrust and hostility “Father Fear” Time moves fast for infants and toddlers Less money to afford expensive help and/or assessments

  4. Early childhood development/what the experts say A survey of case law from Canada Breastfeeding of infants and toddlers Judicial notice? The use of parenting schedule guidelines Conclusion

  5. Early Childhood Development and What the Experts Have to Say… How the conversation looks from the outside “tracking the conversation” Bowlby Solomon and George Kelly and Lamb Kline Pruett, Ebling and Insabella Warshak

  6. Garber McIntosh, Smyth, Keleher, Wells & Long Cashmore & Parkinson SUMMARY

  7. CANADIAN CASE SURVEY AND TRENDS NOTED: What’s happening in the Canadian scene? Moving from “when do overnights start” Radical changes over the last 10 years What are the important messages concerning post-separation arrangements for infants and toddlers (and what’s frequently in short supply)? Need for open and positive communication Peaceful transitions Close proximity Cooperation on feeding and sleeping schedules Sharing important info re: problems and changes An attitude of support….

  8. When do overnights start? A review of Canadian cases - the last 10 years Overnights and beyond? Additional terms and Conditions for Infants and Toddlers Summary of Trends in Canadian jurisprudence

  9. Breastfeeding of Infants and Toddlers – Keeping Abreast of the Issues… and at one end of the spectrum we have… and at the other end… What does a survey of Canadian case law tell us (about adjudicated outcomes) ? Important case comments/articles Professor Fiona Kelley “Custody and Access Decision-Making and the Breastfeeding Child” (2009 Canada) L. Sweet and C. Power “Family Law As a Determinant of Child Health and Welfare: Shared Parenting, Breastfeeding and the Best Interests of the Child” (2009 Australia)

  10. A Survey of Canadian Cases and Trends on Breastfeeding after separation Other materials of interest… Mammary Summary

  11. Judicial Notice: Use of Social Science Literature in Court To what extent can/should judges rely on social science literature on attachment issues in decision-making? Reliance on SS literature in Canada – two sides of the coin…. Judicial Notice defined…narrowly and broadly Modern judicial education (multidisciplinary – more than the law…) Controversies over use of SS material Who cites it? Relying on law review articles v. social science research? Citing and re-citing….

  12. The Use of Parenting Schedule “Guidelines” law is the balancing act between perfectly customized solutions , and rules and guidelines Growth of guidelines in family law… The problem with imposition of ‘standard’ guidelines… A sampling of parenting schedule guidelines…. ( and a little bit about what they say…)

  13. CONCLUSION: we need specialized understanding of cases involving infants and toddlers.. the special struggles of parents dealing with this cohort of children the huge mountain of writing by social science experts/researchers/clinicians – how do we make sense of it? where is there consensus? drawing on the Canadian experience Controversies over presumptions in favour of shared parenting??? Use of guidelines – a help or hindrance? Hoping for a future with more qualitative and quantitative research to reduce litigation and conflict….

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