Cheryl,
I have handled two cases now where a party had a brain injury, and one
case where a party had diminished capacity, and one case where a party
had serious alcoholism. In both of the cases with brain injuries, the
parties were able to understand and cope with the process, and there
were not issues of cognitive impairment, and the cases proceeded
normally. In the case where a party had diminished capacity, we had the
court appoint a GAL to assist the client in the collaborative process.
In the case of the severe alcoholic, who was sober during our process,
we proceeded very carefully and had a certified alcohol counselor work
closely with the party. We have a team approach in Colorado, so we used
the approach of bringing in appropriate collateral support which, in one
case, included a GAL.
I think the same tips apply in these cases as in normal cases;
- no surprises
- make no assumptions at all (about what people need, what is
important to them whether or not they understand...)
- ask lots of questions, so that we are all sure everyone
understands the needs.
- Exercise maximum compassion.
- Involve professionals as needed
Ann
Gutterman Griffiths PC
10375 Park Meadows Drive, Suite 520
Littleton, CO 80124
Phone: 303-858-8090
Fax: 303-858-8181
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________________________________
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On
Behalf Of Cheryl Smith
Sent: Tuesday, January 25, 2011 7:06 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: Re: [CollabLaw] Brain Injury
Ann:
You mentioned brain injury being involved in a case you just finished.
May I ask if it was one of the parties or a child with the brain injury?
And, if a party do you have any tips that helped the parties and the
team be successful? Was there an issue of competency? I have had an
inquiry about a potential case and one of the parties has a brain injury
from an automobile accident. (I have a son with a brain injury from a
car crash, thus the referral.)
Thank you,
Cheryl Smith
Cheryl Watson Smith, P.C.
Roanoke, VA
________________________________
From: Ann Gushurst <ann@xxxxxxxxxxxxxxx>
To: CollabLaw@xxxxxxxxxxxxxxx
Sent: Mon, January 24, 2011 6:01:12 PM
Subject: RE: [CollabLaw] Re: [collaborativelaw] Parenting Time Research?
A few years back I had the sad occasion to read as much of the
literature available on the ultimate result of parental conflict -
alienation - and I was actually not surprised to find that there is no
research on the COMPARISON of the damage done to a child forced to
remain in the battle zone versus the damage done when a child loses one
parent completely.
I strongly suspect that the children who end up alienated are picking a
path that makes psychological sense in that they are absenting
themselves as best they can from the constant conflict.
I have tried, usually in vain, to suggest to some clients involved in
high levels of parental conflict, that a better solution to the week-on
week-off constant battle is to adopt a 90% parenting plan to one parent
during the school year and a 90% parenting plan to the other during the
summer so that the children can actually have time with a parent that is
not interfered with or held hostage. In the one or two instances where
parents ended up with this type of plan (Mostly because, I am sad to
say, one of them got relocated involuntarily) the net result for the
children appeared to be much better than the many, many cases where the
parents continued to fight year in and year out about (pick any of the
following, I've litigated them all: medical decisions, what sports the
kids could play, exchange of clothes, disparagement, time of drop off,
etc. etc. etc.)
In Colorado we seem to be defaulting to equal parenting time which to me
is a resounding reflection of the courts bowing to the political
pressures to meet the parents' wishes to appear equal and to minimize
child support. Since in the litigation context we overwhelmingly deal
with conflicted parents, the idea that the most common solution to
custody conflicts is that of equal parenting model FLIES in the face of
common sense and oh, yeah, objective empirical evidence regarding the
damage of parental conflict.
It makes me so sad.
By the way, just successfully finished a collaborative case today that
was awfully difficult - long term marriage, infidelity, brain injury,
and well, it was a most satisfying and wonderful conclusion. The
parties had dignity, the result was fair and unorthodox, and the family
is transitioning but is still a family. Why collaboration is not the
"go to" solution rather than litigation makes absolutely no sense
whatsoever.
Ann Gushurst
Gutterman Griffiths PC
10375 Park Meadows Drive, Suite 520
Littleton , CO 80124
Phone: 303-858-8090
Fax: 303-858-8181
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