High conflict cases are driven by power. In short, one of the spouses or their family members is strong enough to influence the decision, and they take precedence over reasonable communication. In a normal divorce case without custody, the case can be resolved with less trouble. But when we talk about child custody issues in high-conflict cases, it will lead to anger and fear among the other party.
This animosity between both worsens the situation and therefore, there is a need for proper structural mediation, which will help in reaching a common solution. If you are stuck in any such situation in Boston, you can consult a Boston family law attorney for better solutions.
What are Conflict Couples?
Power is the main factor in high-conflict cases. There is a strong negative emotion of blame, guilt, and resentment among the couples. These negative feelings restrict them from reaching an amiable solution for child custody.
As they have strong feelings of distrust in each other, a minor mistake from one partner will seem a monstrous act by the other, and therefore, it becomes difficult to conclude child custody.
Why is Joint Custody Not Suggested in High Conflict Cases?
Leveraging power in their hand is the goal of one of the spouses, and there will be abuse of power. It is seen in history that the spouse who has more power abuses the other partner and the child in joint custody.
There are two main reasons why joint custody is not acceptable in high-conflict cases. Firstly, if the child is with an abusive parent, they can learn the same tendency, leading to an abusive cycle. The second important reason is that joint custody will re-victimize the other partner.
What is the Solution for Child Custody Issues in High-Conflict Cases?
We might have heard about mediation in legal cases. So, in these high-conflict cases, too, mediation can work if there is peaceful cooperation between both partners. Mediation will require openness, direct communication, and honesty among the partners.
However, there is also a problem in mediation that the powerful partner is not sometimes ready to reach an amiable solution. But this cannot work for long, and therefore, they have to find a solution. There are trained mediators who will solve these cases without taking a huge toll of legal court cases for the couples.
It is also important to know that mediation is not possible in domestic violence cases because, in such cases, the intimidated one will be easily influenced by the dominant one. There is another mediation in high-conflict cases of domestic violence. But for child custody, mediation and resolving can be the best way to avoid legal stress.