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ATHABASCA UNIVERSITY
UNIVERSITY OF CALGARY
UNIVERSITY OF LETHBRIDGE
ASSESSMENT GUIDELINES FOR MOBILITY IN CHILD CUSTODY CASES
BY
VIKKI SMALL
A Final Project submitted to the
Campus Alberta Applied Psychology: Counselling Initiative
in partial fulfillment of the requirements for the degree of
MASTER OF COUNSELLING
Alberta
December, 2005
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ABSTRACT
Guidelines are developed for use by custody assessors in mobility cases, whereby the custodial
parent wishes to relocate with the child following divorce, while the non-custodial parent wishes
the child to remain in the present jurisdiction. An extensive literature review provides the
foundation for guideline development, which aim to serve childrens best interests regarding
mobility recommendations. Particular areas of inquiry include the importance of parent-child
relationships, parenting capacity, and environmental stability. Current case law regarding
mobility determinations within Canada is also examined. The procedures for project completion
are described, as well as the projects utility, strengths, and potential limitations. An appendix of
the guidelines handbook, as prepared for distribution among assessment professionals, is also
presented.
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ACKNOWLEDGEMENTS
My first note of thanks goes to Dr. Cheryl Kier, my project supervisor, for all your wonderful
support and encouragement. The professionalism you brought to this project was truly inspiring,
and all your time and effort much appreciated. I also wish to thank Dr. Tanja Haley for being my
projects second reader, and for offering valuable insight to the finished product. Gratitude must
also be expressed to Dr. Larry Fong, Eileen Ailon, and the other psychologists of Fong Ailon
Canniff who have not only been incredibly helpful and supportive throughout my education, but
inspired me to pursue this vocation in the first place. Finally, I wish to thank my friends and
family, especially my husband Kerry, and our son Thatcher, who have always been there for me,
cheering me on, and making me believe this star really is within my grasp. So for that and
everything else you do, Thank you.
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TABLE OF CONTENTS
Signature Pages ii
Abstract.iv
Acknowledgements....v
Table of Contents..vi
PART I: INTRODUCTION
Chapter I: Project Description and Rationale....1
PART II: THEORETICAL FOUNDATION
Chapter II: Parent-Child Relationships.4
Chapter III: Parenting Capacity......13
Chapter IV: Environmental Stability...17
Chapter V: Case Law of Mobility Determinations..24
Chapter VI: Applied Value of Existing Literature: A Summary .29
PART III: PROCEDURES
Chapter VII: Conducting the Literature Review..33
Chapter VIII: The Development of Assessment Guidelines.36
PART IV: SYNTHESIS AND IMPLICATIONS
Chapter IX: Project Utility......38
Chapter X: Potential Limitations.....40
References. 42
Appendix: Childrens Best Interests After Divorce: A Guide for Mobility Assessment. 55
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PART I: INTRODUCTION
Chapter I
Project Description and Rationale
Child custody determination is one of the most difficult issues facing courts today. The
matter of mobility is particularly contentious, which refers to cases whereby a custodial parent
wishes to relocate with the child to another geographic region, while the other parent wants the
child to remain behind so that frequent and regular contact may be maintained (Braver, Ellman,
& Fabricius, 2003). Guidelines generally dictate that such decisions be made with the best
interests of the child as the primary standard (American Psychological Association Committee on
Professional Practice and Standards, 1994; College of Alberta Psychologists, 2002). However, a
childs best interests may not always be readily apparent in mobility cases and as a result, the
legal community often seeks the expertise of mental-health professionals to assist in such
determinations (Lee, Beauregard, & Hunsley, 1998; Simons & Meyer, 1986). Psychologists who
act as mobility assessors, then, seek varied information to assist the courts in their decision
making, particularly regarding what is best for the childs overall development.
Project Structure
This final project begins with a review of childrens developmental needs pertaining to
divorce, and how a child may be affected if a custodial parent relocates, leaving the non-custodial
parent behind. This literature review serves as the theoretical foundation for assessment guideline
development. The procedures employed during this project are subsequently described, including
how the literature review was conducted and how the guidelines document entitled Childrens
Best Interests After Divorce: A Guide for Mobility Assessment was created. Project outcomes
are then synthesized such that the works potential utility is described and possible limitations are
discussed, followed by a complete list of references utilized in the literature review. The project
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concludes with an appendix of the guidelines product, which presents the handbook as it may be
distributed to assessment professionals.
Childrens Post-Divorce Adjustment
The immediate aftermath of parental divorce is often a period of emotional distress for
children, such that emotional problems such as anxiety, depression, anger, guilt, and resentment,
may be evidenced (Amato, 2000; DeHart, Sroufe, & Cooper, 2000; Hetherington, 1993;
Hetherington et al., 1986; Hetherington & Elmore, 2003; Hetherington & Stanley-Hagan, 1999;
Lowery & Settle, 1985; Peretti & DiVitorrio, 1992; Wallerstein 1986, 1987, 1989). Children may
also develop behavioural problems following their parents divorce, such as aggression, non-
compliance, delinquency, low academic performance, and low self-control (DeHart, et al., 2000;
Chase-Lansdale & Hetherington, 1990; Hetherington, 1993; Hetherington et al., 1998;
Hetherington & Elmore, 2003; Wallerstein 1986, 1987, 1989). In fact, it has been asserted that
children of divorce are 2 to 3 times more likely to suffer adjustment difficulties than children
from non-divorced families (Akre, 1992 as cited in Krauss & Sales, 2000).
Further, many children of divorce continue to be affected well into their adulthood by
displaying low socioeconomic status, poor emotional stability, marital problems, and a greater
likelihood of their own marriage ending in divorce (Amato, 2000; Hetherington & Stanley-
Hagan, 1999). Factors that may protect the long-term social, emotional, and psychological
development of children, therefore, must be considered as part of comprehensive evaluation. The
ultimate goal of assessment, then, is to recommend an environment that will hold and protect the
child during subsequent years such that healthy adjustment results (Wallerstein, 1991b, p. 452).
Relevance of Guidelines for Mobility
Since it is estimated that approximately 25% of custodial mothers relocate within 4 years
of separation and divorce (Braver et al., 2003), and since stability is regarded as one of the more
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important predictors of child adjustment post-divorce (Lowery, & Settle, 1985; Twaite, Silitsky,
& Luchow, 1998), research exploring custodial relocation is particularly salient. Statistics also
indicate that in recent years as many as 28% of children reside in different provinces, and 12%
reside in different countries, than their non-custodial parents (Perry, Bolitho, Isenegger, &
Paetsch, 1992). Such data highlight the importance of mobility considerations in contemporary
society.
However, while childrens best interests are emphasized in current legislation, the
literature remains unclear as to what precisely meets this requirement (Gould, 1999a; Halon,
1990; Lee et al., 1998; Rohman, Sales, & Lou, 1987). In this regard, while childrens needs are
ostensibly at the forefront, court decisions are often made irregularly on a case-by-case basis
(MacDonald & Wilton, 2004). Moreover, there has long been a tendency to award maternal
custody based on the tender-years standard of child development, whereby the mother is
perceived as the most appropriate parent to provide primary care in the childs early years (Klaff,
1982; Neugebauer, 1989; Sherkow, 2005). The tender-years doctrine has been challenged more
recently, however, due not only to emphasized social and legal equity between the genders (Artis,
2004), but increased concern over the presumption that the mother is the parent most attendant to
the childs needs (Jackson & Donovan, 1990; Lowery, 1985). Different standards for presuming
childrens best interests are therefore required. Finally, while guidelines are presently available
regarding custody assessments on the whole (American Psychological Association Committee on
Professional Practice and Standards, 1994; College of Alberta Psychologists, 2002), little data
exist regarding relocation issues in particular. More objectified criteria must be developed,
therefore, to guide assessment practice in mobility cases.
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PART II: THEORETICAL FOUNDATION
Chapter II
Parent-Child Relationships
Relocation following divorce has particular implications for the development and
preservation of childrens relationships with parental figures. These intimate relationships with
significant others, known as attachments (Willemsen & Marcel, 1995), have important long-term
implications for a childs intellectual, behavioural, and social development (Bowlby, 1969;
Martin, 1975; Demo & Cox, 2000), such that extended separations from parental figures may not
be in the childs best interests (Chase-Lansdale & Hetherington, 1990; Kelly & Lamb, 2003;
Rohman et al., 1987; Wallerstein, 1986, 1987). Assessment, therefore, must consider how
changed geographic residence impacts parent-child associations, and thus child adjustment, in the
long term.
Relationship Formation
According to attachment theory, cognitive processes are very primitive during the first
two months of life and consequently, children need continued interaction to form meaningful
parental relationships (Bowlby, 1969; Gardner, 1999; Martin, 1975; Takahashi, 1990). Months
two through seven typify social interaction between parent and child, such that interruptions to
frequent and extended contact may disrupt the fragile attachments beginning to form (Bowlby,
1969; Kelly & Lamb, 2003). Contrary evidence indicates, however, that infants six months and
younger may be too cognitively immature to be adversely affected by parental separation as
infants in this age range may not have yet have formed strong attachments to primary caregivers
(Kier & Lewis, 1997), suggesting that relocation may have minimal negative effects for very
young children.
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The most tenuous period of parent-child attachment is between 6 and 24 months such that
separation from primary caregivers becomes increasingly intense and distressing to children
(Bowlby, 1969; Kelly & Lamb, 2000). As a result, infants and toddlers need regular interaction
with their attachment figures in order to foster, maintain, and strengthen their relationships
(Thompson, 1998 as cited in Kelly & Lamb, 2003, p. 194). Extended parent-child separations
during early childhood, therefore, may unduly stress tenuous attachment relationships to the
detriment of child adjustment (Kelly & Lamb, 2000). Further, child development research
generally indicates that poor attachment formation significantly undermines a childs sense of
security and safety, which may then lead to increased maladjustment behaviour (Demo & Cox,
2000). Thus, when custodial parents move with the child to another geographic region, weakened
or non-existent attachment to the non-custodial parent is often the result (Kelly & Lamb, 2003).
As the child matures, however, research shows that attachment relationships begin to
change. After two years of age children may engage in meaningful communication with parental
figures and refer to internalized images when caregivers are absent (Kelly & Lamb, 2003).
Children in this age range, then, may tolerate more extended separations with less stress than do
younger children, provided meaningful contact is regularly maintained (Maccoby, Buchannan,
Mnookin, & Dornbusch, 1993). Further, research indicates that short-term visitation with the
non-custodial parent does not harm attachment relationships with the custodial parent (Bray,
1991), but such visits should be less frequent and of less duration for younger children who have
greater difficulty separating from primary caregivers (Kelly & Lamb, 2003). Such findings have
important implications to mobility cases, whereby increased residential distance may result in
lengthened visitation with the non-custodial parent.
More negative effects have been noted, however, if parents separate during the first five
years of a childs life than if marital breakdown occurs later (Woodward, Fergusson, & Belsky,
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2000 as cited in Kelly & Lamb, 2003), signifying that these early years represent a critical
period of development (Hetherington, 1972, p. 324). As Takahashi (1990) contends:
[T]hrough the interactions with a given affective figure, a person acquires some social skills in interacting not only with the target figure, but also with persons similar in some ways to the figure [such that] prior relationships will provide a naïve theory of relationships (p. 21).
In other words, early emotional bonds have considerable impact on subsequent social adjustment,
regardless of whether the child lives in a single or two-parent home. In this way, younger
children and toddlers require frequent physical and social involvement with both of their parents
to develop and maintain healthy parent-child attachments over time (Kelly & Lamb, 2003).
Attachment relationships, therefore, are promoted through periods of interaction such that
feelings of closeness result in stronger emotional involvements between parent and child
(Furstenberg & Nord, 1985). Established patterns of parent-child involvement may even continue
across the lifespan to influence interactions with ones own children (Cassidy & Berlin, 1994). It
may be understood, therefore, that how a child interacts with parental figures may significantly
indicate how that individual will interact as he or she matures, suggesting that attachment
relationships have continuity across different stages of development (Takahashi, 1990). The main
objective of mobility assessment, then, is to help ensure that trusted parental relationships remain
a source of stability and security for children in the long term.
Parent-Child Relationships Post-Divorce
Since parent-child attachment is attributed to positive developmental outcomes for
children, custodial preference should be given to that parent (regardless of gender) with whom
the child has developed the stronger, healthier psychological bond (Gardner, 1999, p. 2), usually
the primary caregiver (Goldstein, Solnit, Goldstein, & Freud, 1996). Therefore, while children
generally benefit from active involvement (Hetherington et al., 1986) or even residence (Santrock
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& Warshak, 1979) with their same-sex parent, data show that 81% of children from divorced
homes reside with their mother (Statistics Canada, 2005). The following discussion of parent-
child relationships, therefore, generally assumes the mother is the custodial, residential parent and
the father is the non-custodial, visiting parent within the post-divorce family dynamic.
Relationship with the custodial parent. Perhaps the most important single protective
factor [for children of divorce] is the quality of the relationship with the residential custodial
parent (Hetherington & Stanley-Hagan, 2000, p. 63; Wallerstein, 1991a). Regarding maternal
involvement in particular, developmental literature suggests that insufficient mother-child contact
leads to insecure or ambivalent attachment such that the child is uncertain, fearful, or socially
inhibited (Cassidy & Berlin, 1994; Willemson, 1995), as well as anxious or avoidant of motherly
interaction (DeHart et al., 2000). Such findings are reflective of mother-child relationships
regardless of the parents marital status, and lend support for maternal sole custody in a childs
early years (Sherkow, 2005). Following divorce, research indicates children and adolescents
generally experience healthier psychological, emotional, and behavioural adjustment if a close
relationship is particularly maintained with the mother (Felner & Terre, 1987; Maccoby,
Buchanan, Mnookin, & Dornbusch, 1993). Data indicate that those youths living with their
fathers, particularly adolescents, may be less well adjusted than those living with their mothers or
in dual residence (Buchanan, Maccoby, & Dornbusch, 1992; Maccoby et al., 1993). The
implication may be that the mother-child relationship is of primary importance to the childs
psychological and emotional development, not the relationship with the father, suggesting the
mother may relocate with the child without significant detriment to his or development.
Having said this, while a strong relationship with the custodial mother is important to
child development, research also indicates that some children residing with their mothers are
more likely to experience emotional, psychological, and behavioural difficulties than are children
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residing in non-divorced homes (Kerr, 2004). In other words, child adjustment is significantly
contingent upon a positive relationship with the custodial parent, not whether it is the mother who
has custody or the father who has custody. The main difference appears, then, to be more a
reflection of supportive parenting than the living arrangement, such that children who receive
constructive interaction with their primary caregivers have healthier adjustment in the long term
(Kerr, 2004). Such conclusions have important implications for mobility as assessors must
evaluate which living arrangement is best for the child, and not make recommendations based on
parental gender.
Relationship with the non-custodial parent. While a quality relationship with the custodial
parent significantly influences developmental outcomes for children, healthy adjustment is also
contingent upon a quality relationship with the non-custodial parent (Gunnoe & Hetherington,
2004; Hetherington, Law, & OConner, 1993). However, a significant number of children have
reduced contact with the non-custodial parent due to increased residential distance (Greene et al.,
2003). In this regard, the farther apart non-custodial parents reside from their children, the more
difficult it becomes to maintain meaningful relationships due to greater economic, logistic, (Kelly
& Lamb, 2003), and emotional barriers (Stewart, 1999). Non-custodial fathers may also
disengage depending on how they psychologically react to the perceived loss of their children
such that the more involvement a father had with his children prior to the divorce, the more
difficult it is for him to cope with the new visiting situation (Kruk, 1992, p. 96). Fathers without
custody, therefore, are generally more inclined to play a passive, companionship-type role with
their children than are non-custodial mothers, who typically maintain twice the contact with their
children than do non-custodial fathers, often by rearranging their living situation to accommodate
visits from their children (Hetherington & Stanley-Hagan, 2000; Stewart, 1999). Moreover, non-
custodial mothers generally self-disclose, communicate, and continue to engage meaningfully
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with their children more than do fathers post-divorce (Greene, Anderson, Hetherington, Forgatch,
& Degarmo, 2003). Thus, while children from divorced homes may have somewhat less intimate
relationships with their custodial mothers than do children from non-divorced homes, the results
are small compared with the greater emotional distancing felt by divorced children from their
non-custodial fathers (Guttman & Rosenberg, 2003).
On the other hand, the relationship many non-custodial fathers have with their children
actually improves following divorce (Hetherington, Law, & OConner, 1993; Kier, Lewis, &
Hay, 2000), and such paternal involvement is strongly correlated with childrens psychological
and behavioral adjustment (Pruett, Williams, Insabella, & Little, 2003; Rohner & Veneziano,
2001). In particular, developmental literature has found active involvement by fathers in their
childrens lives is often perceived as an expression of warmth and acceptance, which fosters
positive psychological development (Rohner & Veneziano, 2001). Without such paternal
acceptance, children are more likely to develop emotional and behavioural difficulties
(Braungart-Rieker, Courtney, & Garwood, 1999) including low self-esteem, social withdrawal,
aggression and conduct problems, poor academic achievement, anxiety, and depression (Rohner
& Veneziano, 2001). These difficulties may be particularly evidenced among boys who
experience limited identification with their male parents (Peretti & DiVitorrio, 1992). Moreover,
active father involvement in married families also exerts a positive influence on mother-son
relationships, and therefore indirectly benefits child adjustment over time (Gjerde, 1986). It may
be concluded, then, that children who engage meaningfully with their fathers over time are better
adjusted on a variety of measures than those children whose fathers are absent following marital
breakdown (Pruett et al., 2003). Consequently, assessors must not preclude the positive influence
fathers have on their children (Maccoby et al, 1993) when making recommendations in mobility
cases.
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Impact of Parental Absence
Statistics indicate most children from divorced homes visit with their non-custodial parent
on an infrequent basis, such that an average 31% see their non-residential parent only a few times
per month, while 23% enjoy visitation only a few times per year (Hetherington & Stanley-Hagan,
2000; Perry et al., 1992). Such parental absences leave many children feeling intensely
disconnected and rejected (Emery, 2004; Grief, 1997; Wallerstein, 1987), thereby increasing the
risk for a variety of psychological and behavioural problems following divorce (Hetherington et
al., 1998; Kelly & Lamb, 2000; Ross et al., 1998b; Whiteside & Becker, 2000).
In contrast, continued interaction with non-custodial parents promotes the emotional
health and well-being of children from divorced families (Kelly & Lamb, 2000). Research finds,
however, that it is the quality rather than the frequency of contact that is most important
(Hetherington et al., 1998). A study conducted by Maccoby, Buchannan, Mnookin, and
Dornbusch (1993) confirms this assertion, indicating that while closeness with a non-custodial
parent depends upon face-to-face interaction, even a fairly small amount of contact [appears]
sufficient to maintain close relationships (p. 32). In this way, childrens attachment with primary
caregivers is more reflective of contact quality than of contact frequency (Hetherington et al.,
1998; Rutter, 1979; Hetherington & Kelly, 2002; Maccoby et al., 1993; Wallerstein, 1991b;
Whiteside & Becker, 2000). In other words, an arrangement that supports even minimal parent-
to-child interaction is important to the continuance of established relationships parents have with
their children provided these interactions are of sufficient worth, and offer particularly
appropriate responses to the childs physical and emotional needs (Solomon & Biringen, 2001).
Although contact quality is considered more important than quantity, it is recognized that
close proximity between parent and child helps foster meaningful interaction (Hetherington &
Stanley-Hagan, 2000; Warshak, 1992), particularly regarding younger children who are still
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forming attachments with their parents (Maccoby et al., 1993). In this regard, having only
minimal contact with the non-custodial parent has been found to have fewer detrimental effects
only with respect to adolescent development as not only do older children tend to spend less time
with their parents and more time with their peers, but they are also more cognitively capable of
maintaining important relationships through distanced communication (Maccoby et al., 1993).
However, the contention that parental separation has more adverse effects on younger
children may lack empirical support due to confounding variables often found in the divorce
literature (Hetherington & Elmore, 2003). Further, the developmental needs of children and
adolescents differ greatly by age and individual circumstances, and in this regard, research
findings on the effects of age at the time of divorce on childrens adjustment are inconsistent
(Hetherington, Law, & OConnor, 1993, p. 224), such that parent-child separation incurred as a
result of relocation may have ambiguous outcomes for children and adolescents.
Moreover, while infrequent visits may not be harmful per se, research warns that
disruption to attachment generally provides greater developmental risk than if no disruption
occurs (Willemsen & Marcel, 1995), thereby highlighting the importance of continued interaction
with the non-custodial parent wherever possible, especially in the early years of a childs life.
Past indicators of paternal involvement are particularly relevant as the amount of time a father
spends with his children prior to separation significantly affects his degree of involvement post-
divorce (Whiteside & Becker, 2000). However, even when pre-separation involvement was low,
fathers who began spending more time with their children following divorce experienced stronger
father-child relationships than they did previously (Whiteside & Becker, 2000). This finding
suggests that paternal relationships may continue to evolve with changing circumstances; it is
important, then, that mobility assessors evaluate each parents plan for maintaining relationships
with his or her children in light of potential relocation (Weissman, 1994).
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Joint-custody arrangements. Research suggests one way to encourage continued parent-
child interaction is through a joint-custody arrangement. While most children live primarily with
one parent (McBean, 2004), joint legal custody offers both parents equal influence over their
childs upbringing (Elkin, 1987; Neugebauer, 1989). Despite more frequent transitions between
homes, joint physical custody is also believed to foster, rather than disrupt, environmental
stability within the childs life by helping maintain constant and predictable relationships,
particularly with the father (Elkin, 1987; Kline, Tschann, Johnston, & Wallerstein, 1989;
Twiford, 1986). Moreover, parents who support joint custody for their children are more inclined
to work collaboratively to their childrens benefit (Elkin, 1987; Twiford, 1986), which may then
lead to improved developmental outcomes (McKinnon & Wallerstein, 1986). As such, it has been
asserted that joint custody be it physical or legal may be the most appropriate arrangement for
responding to childrens needs over time (Sorensen & Goldman, 1990).
Arguments supporting positive developmental outcomes for children in joint custody,
however, are not without contraindications. Studies of children and adolescents have found that
post-divorce adjustment is insignificantly affected by joint physical custody, even though many
of these youths gain increased access to both parents through this arrangement (Buchanan et al.,
1992; Kline et al., 1989; Wolchik, Braver, & Sandler, 1985). Such findings support the
contention that frequent transitioning between homes interferes with a childs sense of continuity
and stability (Twiford, 1986; Warshak, 1992). Moreover, many parents who operate under joint
custody do not, contrary to expectations, parent more collaboratively and in this way, the positive
effects of this arrangement are often negated (McKinnon & Wallerstein, 1986; Twiford, 1986).
Mobility assessors, therefore, must evaluate how each parent will care for the children should
relocation occur, particularly as the custody arrangement may be affected through relocation.
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Chapter III
Parenting Capacity
Parental ability to respond to childrens physical, psychological, emotional, behavioural,
and spiritual requirements has significant implications for child development (Jackson &
Donovan, 1990; Sherkow, 2005; Sparta, 1999). While one parent may counterbalance some of
the other parents angry, disturbed or neglectful behaviour, such mitigating influence becomes
less likely post-divorce (Twaite et al., 1998), and perhaps less so should relocation occur.
Moreover, as relocation may engage the child in relationships with parental surrogates
including stepparents, grandparents, and parents romantic partners assessment must evaluate
the degree of involvement such individuals have in the childs care to ensure all individuals act in
his or her best interests (Gardner, 1999). The custodial parents ability to care for and nurture the
child, therefore, becomes all the more important in mobility cases as it is through such influence
that all other relationships are filtered (Twaite et al., 1998).
Psychological Stability
A significant factor influencing ones capacity to parent is psychological and emotional
stability. Since a childs long-term well-being is associated with the adjustment of the custodial
parent it is important to ascertain the residential parents psychological stability as it may impact
parenting capacity and the childs sense of security (Hetherington et al., 1993, p. 217; Felner &
Terre, 1987; Jackson & Donovan, 1990). In particular, comprehensive assessment should
ascertain the presence of significant psychological disorders including psychosis, personality or
emotional disorders, substance abuse, criminality, and physical, emotional, or sexual abuse of
others, with particular attention to past neglect or abuse of a child (Gardner, 1999, p. 4).
Assessors should also evaluate whether the parents psychological conditions are chronic or if
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they arose mostly due to the circumstances of divorce, and thus more apt to abate with time and
altered situations (Bray, 1991).
Parenting Style
Another important predictor of child adjustment is an authoritative parenting style,
whereby this manner of parenting generally results in the most beneficial outcomes for children
(Amato, 2000; Demo & Cox, 2000; Hetherington & Elmore, 2003; Ross, Roberts, & Scott,
1998a). Through authoritative parenting, the caregiver displays warmth, support,
responsiveness, and consistent control and monitoring toward his or her children (Greene et al.,
2003, p. 108). In other words, authoritative parenting is characterized by nurturing and responsive
care, as well as implementation of age-appropriate limits (DeHart et al., 2000). Children reared in
this style typically exude energetic, curious behaviour, emotional responsiveness, and appropriate
self-reliance (DeHart et al., 2000). Further, authoritative parenting has been associated with
improved parent-child relationships, reduced aggression, and more positive attitudes toward
school and education (DeHart et al., 2000). In general, then, authoritative parenting is an
important predictor of child development (Sorensen & Goldman, 1990, p. 63).
In contrast, permissive parenting is characterized by a lack of firm limits for children and
inappropriate behavioural expectations (DeHart et al., 2000). Generally, children reared in the
context of this parenting style act in an impulsive manner, lacking considerably in both self-
control and self-reliance (DeHart et al., 2000). At the other extreme is authoritarian parenting,
which is characterized by inflexibility, unresponsiveness to childrens needs, and harshness with
respect to behaviour control, often leading to increased levels of psychological and behavioural
maladjustment including apprehension, feelings of frustration, and passive hostility (DeHart et
al., 2000; Demo & Cox, 2000). Data regarding parenting style has particular implications to
mobility assessment as poor parenting practices [have been] linked with poor outcomes for
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divorced children (Krauss & Sales, 2000, p. 856). The immediate period following divorce,
however, generally undergoes a deterioration of parenting such that parenting style becomes less
authoritative due to parent preoccupation with life changes and associated stressors (Hetherington
& Elmore, 2003; Hetherington et al., 1993). At the same time, however, once parents and
children adjust to the post-divorce situation, caregiving ability generally improves with time
(Hetherington & Elmore, 2003). It may be difficult to contend, therefore, that previous parenting
practices conclusively indicate future parenting capacity, particularly if circumstantial changes
result from residential relocation.
Moreover, parents have been shown to behave differently when alone with their infant
than when parenting in the presence of others (Pedersen, Zaslow, Cain, & Anderson 1981 as cited
in Parke, 1988, p. 167). In this way, generalized concepts of parenting styles may not always
provide exhaustive information as to how a particular individuals parenting would impact the
development of his or her child (Bricklin, 1995). Mobility assessors, then, should evaluate a
caregivers overall context of parenting as it may influence childrens developmental outcomes.
Parental History
Finally, while a parents prospective caregiving ability is important to assessment, past
indicators of parenting capacity must also be given due consideration. In particular,
comprehensive evaluation requires exploration of parenting history to gauge previous success in
a caregiving role (Bricklin, 1995; Chrisholm & MacNaughton, 1990; Jameson, Ehrenberg, &
Hunter, 1997). It should be reiterated, however, that parental conflict during separation and
divorce may negatively impact ones ability to parent, such that post-divorce parenting often
improves as the caregivers become more accustomed to the new family situation (Hetherington &
Elmore, 2003). In particular, it has been suggested that following divorce, more harmonious and
fulfilling relationships may emerge that actually promote the parenting role (Hetherington &
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Stanley-Hagen, 1999). As such, assessors must consider the degree to which marital conflict may
have impacted parenting capacity, and how that individuals ability to respond to the childs best
interests may improve over time (Department of Justice Canada, 1986).
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Chapter IV
Environmental Stability
While child development is strongly associated with attachment formation and continued
parent-child relationships, healthy adjustment is also contingent upon environmental stability.
Research suggests that children and parents who experience divorce are more likely to encounter
stressful life events which, in turn, may lead to more adjustment problems than those from non-
divorced families (Braver et al., 2003; Bray & Hetherington, 1993; Hetherington & Stanley-
Hagan, 2000; Twaite et al., 1998; Wallerstein, 1991a). In fact, stressful life events and resulting
insecurity are regarded as the most salient predictors of a childs post-divorce adjustment
(Hetherington et al., 1986). A stable environment, therefore, becomes increasingly important for
children of divorce (Rohman et al., 1987; Warshak, 1992).
Research generally indicates that more changes in residence are associated with more
adjustment problems in children (Kohen, Hertzman, & Wiens, 1998), particularly when the
homes and communities are quite dissimilar (Lowery & Settle, 1985). In addition, the custodial
parent may experience changes in employment or education status through relocation, which may
also contribute to the childs feelings of instability. While parental changes in social or economic
circumstances may not directly impact child development (Featherman, Spenner, & Tsunamatsu,
1988), children may also lose contact with their friends, as well as be pulled away from healthy
relationships with teachers and other supportive adults (Hetherington, 1980). Such findings
appear to reflect the assertion that significant environmental disruptions interfere with the childs
cognitive and perceptual structures, such that behavioural and psychological difficulties may
result (Stolberg & Anker, 1983). In other words, drastic changes all at once may seriously
undermine a childs sense of security and well-being, which may then contribute to feelings of
anxiety and depression (Hetherington, 1980; Twaite et al., 1998), as well as externalizing and
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socially incompetent behaviour (Hetherington et al., 1986). A primary reason for such outcomes
is that as the extent of environmental changes increases, children perceive themselves and their
parents as being less able to control their world, which contributes to feelings of insecurity
(Stolberg & Anker, 1983, p. 8). Such findings have been found to be most significant for younger
children because their cognitive and social development may be relatively immature (Stolberg &
Anker, 1983). Assessors, therefore, must evaluate a parents plans for maintaining the childs
daily routine, as well as a parents provisions for ensuring continued contact with significant
relations should relocation occur (Braver, Wolchik, Sandler, Sheets, Fogas, & Bay, 1993;
Bricklin, 1995; Jameson et al., 1997; Twaite, et al., 1998).
While most children adjust reasonably well to the post-divorce situation within a few
years (Haddad, 1998; Hetherington et al., 1998; Hetherington & Elmore, 2003), developmental
disruptions may also occur if multiple stressors are present or if the stressors continue long term
(Hetherington, 1980). A particular point of view asserts that if young children are deliberately
removed from a secure home, those children will experience a strong sense of insecurity such that
all relationships become untrustworthy (Willemsen & Marcel, 1995). In contract, research
indicates that remaining in a parent-absent environment may be more distressing for children than
relocating to a different environment due to painful reminders of what has been lost; namely, a
two-parent home (Field, 1996). Such findings suggest it is lack of expected reinforcement, or
adequate stimulation, from a parent rather than the separation itself that is most troublesome
(Field, 1996). In this regard, changes in established support systems or unavailability of parental
figures become a primary risk factor for healthy adjustment (Hetherington, 1980). Visitation and
access to the non-custodial parent, then, becomes an important consideration in mobility cases,
such that children should enjoy as much access to the non-custodial parent as possible, perhaps
involving overnight visitation in the non-custodial home.
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Impact of Overnight Visitation
Since relocation cases presume more extended visits with the non-custodial parent, which
may then increase the sense of environmental instability, it is important to consider how
overnight visits impact child development. The divorce literature indicates that infants and
toddlers generally adapt well to overnight visits once familiarized with the new routine
(Hetherington et al., 1993). Evidence further indicates that young children are not significantly
harmed by separation in the shorter duration (Kier & Lewis, 1997), such that relocated children
may visit non-custodial parents without harming important relationships with primary caregivers.
These findings suggest that transitioning between homes resulting from relocation is not harmful
to child adjustment, supporting Kelly & Lambs (2000) assertion that there is absolutely no
evidence that childrens psychological adjustment or the relationships between children and their
parents are harmed when children spend overnight periods with their other parents (p. 306).
Moreover, benefits may be incurred by children offered such experiences including diverse
social, emotional, and cognitive stimulation provided basic routines are maintained (Kelly &
Lamb, 2000; Sherkow, 2005) and ample communication and cooperation exists between the
parents (Solomon & Biringen, 2001). This contention put forth by Kelly and Lamb (2000),
however, has been criticized for lack of empirical support, as well as contrary evidence indicating
that repeated, overnight separations from primary caregivers may actually exert a disruptive
influence to attachment relationships more than do frequent, daytime visits with the non-custodial
parent, particularly with respect to younger children still forming attachments with parental
figures (Solomon & Biringen, 2001). Solomon and Biringen (2002) also suggest hat overnight
access does not improve father-child attachment, suggesting extended visitation is not necessary
to developing or maintaining important parental relationships.
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It is also important to note that temperamental and personality differences may be
necessary to understanding why some children are more resilient or adaptable to environmental
instability than are other children (Hetherington et al., 1998; Hetherington & Elmore, 2003).
Additionally, children in different developmental stages may be more negatively affected by a
changing environment than others (Greene et al., 2003; Wallerstein & Kelly as cited in Parke,
1988). Preschoolers, for instance, may tolerate lengthier separations from parental figures than
can toddlers, such that younger children become unnecessarily distressed by separations from
either parent lasting more than a few days (Kelly & Lamb, 2000). Once a child reaches school
age, advanced autonomy and cognitive skill allow for more extended periods of separation, such
that by around age seven or eight children find separations of a week or two less distressing and
more enjoyable (Kelly & Lamb, 2000). A childs developmental progress, therefore, may be
most important in how it relates to the coping efforts children can bring to bear on the situation
(Felner & Terre, 1987, p. 113). Assessors must therefore consider the childs age, personality,
and coping maturity in relation to environmental stability should relocation occur.
Family Dynamics
The divorce literature generally argues that childrens post-divorce problems decrease
within the first few years following their parents separation as individuals adjust to the new
family dynamic (Hetherington & Stanley-Hagen, 2000; Wallerstein, 1989). Research also
indicates that how a family functions is significant to childrens adjustment following divorce,
including the parents interactions with each other and interactions among siblings (Dunn &
Sherrod, 1988; Hetherington & Stanley-Hagan, 2000; Ross et al., 1998a). Assessors, then, must
consider overall family dynamics such that positive relationships may be identified and
maintained in mobility cases.
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Parental conflict. Research suggests that when a child feels caught up in parental conflict,
that child is more likely to experience environmental instability and thus psychological and
behavioural maladjustment (Chase-Lansdale & Hetherington, 1990; Felner & Terre, 1987;
Gardner, 1999; Hetherington & Elmore, 2003; Hetherington et al., 1993; Jameson et al., 1997;
Maccoby et al., 1993; Shifflett & Cummings, 1999; Wallerstein, 1989, 1991a; Warshak, 1992).
As noted by Wallerstein (1991a), a parents ability to appropriately judge the needs of his or her
children is significantly impaired if embroiled in conflict with the other parent, such that it
becomes difficult for a parent to distinguish personal needs from the needs of the child. In this
regard, increased distance between parental figures, and thus increased distance between the child
and the non-custodial parent, may be advantageous to the childs sense of environmental
stability. It may be further reasoned, however, that if parents display conflict when the child is
transitioned from one persons care to the other, the child may become susceptible to this
increased tension and therefore lose the sense of security gained through relocation (Buchanan et
al., 1992). Assessors must evaluate, then, individual plans for managing inter-parental conflict to
ensure mobility recommendations are in the childrens best interests.
However, if both parents are able to work collaboratively with minimal conflict, an
arrangement affording the child frequent and continuous interaction with both parents may be
most advantageous to childrens development (Hetherington & Elmore, 2003; Lowery, 1985;
Sorenson & Goldman, 1990; Wallerstein, 1991b; Warshak, 1992). Such an assertion is once
again supported by outcome data indicating children are better adjusted on a variety of measures
when placed in joint custody (Braver et al., 2003; Kelly & Lamb, 2003; Neugebauer, 1989).
Moreover, while it has also been contended that conflict to which the children are not directly
exposed has no effect on their adjustment (Hetherington & Elmore, 2003, p. 194), hostility
between the parents may lead to decreased father-child interaction, and thereby hinder the quality
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of a fathers relationship with his children to their developmental detriment (Pruett et al., 2003;
Whiteside & Becker, 2000). Mobility assessors, then, must consider the degree to which the
parents may work together before determining if relocation is in the childs best interests.
Sibling relationships. Research also indicates that beyond parental influence, sibling
interactions may significantly impact child development. It has been suggested that sibling
relationships help protect children from adversity, perhaps even compensating for environmental
stressors (Haddad, 1998; Hetherington, 1993; Hetherington & Elmore, 2003; Kempton,
Armistead, Wierson, and Forehand, 1991; Kier & Fouts, 1989; Greene et al., 2003). Research
also indicates, however, that parental conflict may negatively impact otherwise healthy sibling
relationships, thereby limiting their protective effects (Kier & Lewis, 1998; Green et al., 2003).
Additionally, sibling-play research suggests that the dominant sex-typing influence may be
absent for boys in father-absent homes, such that children in mother-headed families may not be
as sex-role stereotyped as children from two-parent families (Kier & Fouts, 1989, p. 143). The
effects generally differ, however, between the sexes, such that in father-absent homes boys
exhibit less traditionally masculine play behaviour (Kier & Fouts, 1989) while sisters in divorced
families experience greater closeness (Kier & Lewis, 1998). Relocation assessment, therefore,
should also consider the mitigating influence of sibling interactions for children of divorced
homes.
Stable Social Supports
According to Dunn & Sherrod (1988), childrens adjustment to environmental changes is
also mediated by perception of self, others, and the social world (p. 154). When evaluating
parent-child relocation, therefore, it is additionally important to consider extra-familial support
systems that may be gained or lost due to change in residence; such systems are important to
protecting the child from adverse circumstances as they may serve as sources of practical and
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emotional support for both parents and children (Hetherington et al., 1993, p. 220). Following
divorce, and possibly through relocation, many custodial mothers are able to reconnect with
important familial supports, which may offer considerable comfort to both parent and child (Kier,
Lewis, & Hay, 2000). In this way, a positive relationship with grandparents and other extended
family is associated with healthy child adjustment (Hetherington & Elmore, 2003), indicating that
children who live in close proximity with familial supports experience healthier development in
the long term.
While losing existing social relationships through relocation may be emotionally difficult
for children, affiliations with peers become increasingly significant with age (Hetherington,
1989). Stable and positive relationships with peers and school authoritarians may also have a
salutary effect for adolescents in particular, particularly for those youths from divorced homes
(Hetherington, 1993; Hetherington, 2003; Main & Weston, 1981 as cited in Parke, 1988;
OConnor, Hetherington, & Reiss, 1998; Rutter, 1979). Moreover, positive interactions with
other adult caregivers have been associated with the healthy social development of children
(Santrock & Warshak, 1979). Such findings may have considerable implications for mobility
whereby adolescents existing social networks could be left behind, thereby denying these
children a significant means of adaptive coping. Consequently, mobility assessors must consider
the potential impact of relocation on the continuity and stability of important social relationships
(Weissman, 1994).
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Chapter V
Case Law of Mobility Determinations
As stated earlier, the determining factor for deciding all issues relating to custody and
access, including relocation, is childrens best interests (Status of Women Canada, 1998). While
best interests has been discussed from a developmental perspective, the provision of
appropriate recommendations also requires understanding of how court decisions reflect this
criterion. A description of how custody arrangements influence the legal rights of custodial and
non-custodial parents is therefore offered, as well as a summary of recent mobility
determinations.
The Custody Arrangement and Parents Rights
According to Goldstein and colleagues (1996), the scales used to weigh a childs best
interests are not evenly balanced between two parents when one is an occasional and the other a
constant presence (p. 37). Although parents may share joint legal custody, therefore, the
individual who acts as primary caregiver may be granted more consideration by the courts due to
his or her continued interaction with the child. Moreover, while some research shows that
children, especially girls (Crosbie-Burnett, 1991), in joint physical custody are better adjusted on
a variety of measures than children in maternal sole custody (Bauserman, 2002 as cited in Kelly
& Lamb, 2003; Lowery & Settle, 1985; Neugebauer, 1989; Wolchik & Karoly, 1988). Canadian
legislation requires that each case be regarded on an independent basis in light of individual
differences rather than typical developmental trends (MacDonald & Wilton, 2004). Parents who
share joint physical or legal custody, therefore, are obligated to prove that relocation would either
be in the childs best interest or detrimental to the childs development. As a result, mobility
cases must, above all, not be determined by the visiting parents wishes and convenience
(Goldstein et al., 1996, p. 39); instead, relocation viability should be determined by evaluating
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how each parent meets the needs of the children, and how each parent facilitates contact with the
other parent to the childrens benefit (MacDonald & Wilton, 2004). Consideration should also be
given to the childrens wishes (Status of Women Canada, 1998; Mason, 1999; Rohman et al.,
1987) regarding relocation, but since children may not be sufficiently mature to know what is
best for themselves (Rohman et al., 1987), this criterion [should be] put near the bottom of
more objectified information (Gardner, 1999, p. 5). Finally, while joint custody is often viewed
as a means of ensuring both parents continue to reside in the same geographic region, a parents
application to relocate may be granted even if a joint-custody order exists as such orders may be
altered due to changes in parental circumstances (McBean, 2004).
In cases where sole-custody arrangements exist, only that parent who has been granted
custody has the necessary information and the right to decide if relocation is in the childrens best
interests, a right with which the court should not interfere (Goldstein et al., 1996). The divorce
legislation indicates, therefore, that the custodial parent has the right to make any and all
decisions affecting the children (Dickson, 2003), but that such decisions must be revisited if
evidence substantially indicates their long-term well-being may be in jeopardy as a result of
relocation (Goldstein et al., 1996). A sole-custody arrangement, therefore, does not necessarily
allow the custodial parent to take his or her children out of the jurisdiction and in this regard, it is
not the custody arrangement that most determines mobility cases, but childrens best interests
(McBean, 2004).
Recent Case Law
As argued throughout this literature review, parent-child relationships, capacity to parent,
and environmental stability all have important implications to child development. Consequently,
while it may not be reasonable or important that parents to remain in close proximity (Mason,
1999), family law indicates children should have as much contact as possible with both parents
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unless the childrens best interests warrant otherwise (Dickson, 2003). It may be asserted,
therefore, that if a parent is able to satisfy the needs of the children without moving, maintaining
residence is the most favourable option. Moreover, the 2005 Annotated Divorce Act asserts a
parents relocation is only relevant in respect of his or her ability to meet the childrens needs
(MacDonald & Wilton, 2004, p. 540; Davies, 1997). Thus, while one parent may wish to relocate
for economic, familial, educational, or cultural reasons, such goals must only be considered as
they impact the best interests of the children (Weissman, 1994). Additionally, court decisions are
more likely to favour relocation if as much stability is maintained through the move as possible,
including economic status and frequent visitation with the non-custodial parent (MacDonald &
Wilton, 2004).
These important considerations may be noted in the precedent-setting case of Gordon v.
Goertz (1996), whereby the Supreme Court of Canada set out clear principles that govern the
question of mobility (Davies, 1997, p. 131). According to the finding, primary consideration
must be given to the childrens best interests, not a parents desire to relocate or the other parents
desire to restrict such relocation (Davies, 1997). In this way, while the custodial parents wishes
and opinions should be respected, mobility inquiry must first and foremost address the childrens
needs (Gordon v. Goertz, 1996).
Of more importance, then, is how the change of circumstances would likely impact the
childrens needs or the ability of parental figures to satisfy those needs, including regular and
frequent access with the non-custodial parent (Gordon v. Goertz, 1996), provided such access is
in the childrens best interest (Young v. Young, 1993). While the relationship with the non-
custodial parent is important to a childs long-term well-being, the relationship with his or her
primary caregiver may exert the greatest developmental influence (Gordon v. Goertz, 1996).
Since the custodial parent in this case had already established residence out of country, moving
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back into closer proximity with the non-custodial parent would have uprooted the child once
again, which would not be in keeping with the childs need for constancy and stability (Gordon v.
Goertz, 1996). Such findings suggest the importance of established parent-child relationships as
opposed to the uncertainty of relocation, which may not ultimately be best for childrens long-
term adjustment (Goldstein et al., 1996).
Moreover, while relocation may disrupt a childs relationship with his or her non-
custodial parent (MacDonald & Wilton, 2004; Davies, 1997), an interrupted relationship with the
primary caregiver is likely to be more detrimental due to the considerable stability such a
relationship provides (Gordon v. Goertz, 1996). Further, it is the non-custodial parents burden to
prove that relocation would be harmful to his or her child, not merely unbeneficial (Gordon v.
Goertz, 1996). In other words, while the custodial parent seeks the relocation, the onus is on the
non-custodial parent to show that the child would be more negatively impacted by moving than
by remaining in a stable home situation with the custodial parent. Since the non-custodial father
failed to make this evidentiary in this case, and since he could exercise frequent and regular
access with the child in the new location, the judge decided in favour of relocation, suggesting
the developmental benefits appeared to outweigh the perceived risks (Gordon v. Goertz, 1996).
Consequently, since relocation had already occurred, the custodial mother was able to remain in
Australia with generous access granted to the father (Gordon v. Goertz, 1996).
Several other considerations are also evident in Canadian mobility determinations. When
it is deemed that a change of residence may offer the parent improved parenting ability, as in the
case of Pisko v. Pisko (1997), courts are more inclined to perceive that relocation is in the
childrens best interests (MacDonald & Wilton, 2004). Similarly, a mother was allowed to
relocate with her children because restricting such mobility would hinder her ability to earn an
income on which she had come to depend (Picken v. Pratt, 1997), a decision reflecting that a
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childs well-being is directly related to the well-being of his or her custodial parent (Rockwell v.
Rockwell, 1998).
However, it has also been asserted that the custodial parents right to earn a living, and
well-being resulting from such occupation, must not supersede the rights of a child to have his or
her best interests held paramount (Gordon v. Goertz, 1996; Young v. Young, 2003). Such a
contention is supported by the decision of Woodhouse v. Woodhouse (1996), whereby the
mothers parenting capacity was deemed effective regardless of whether relocation took place. As
a result, the mother would retain custody but not be permitted to remove her children from the
jurisdiction. Another decision echoed this sentiment, finding that relocation would cause undue
stress to the children by disrupting important relationships and stable living arrangements
established in the existing home environment. (Zeaton v. Zeaton, 1999). Again, the parents
reason for relocation must not be considered by the court unless the reason for moving is directly
related to his or her parenting ability (Gordon v. Goertz, 1996) such that either increased stability
and security are evidenced (Burns v. Burns, 2000) or the parents primary motivation for moving
is to undermine the childs relationship with his or her non-custodial parent (Gordon v. Goertz,
1996; Archibald v. Archibald, 2002). If the former, the judge would be more inclined to find
relocation in the childrens best interests whereas if the latter, the perceived benefits of uprooting
the children may be improperly motivated and thus greatly circumspect (Archibald v. Archibald,
2002).
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Chapter VI
Applied Value of Existing Literature: A Summary
Parent-Child Relationships
A continued relationship with both the custodial and non-custodial parent following
divorce is a significant predictor of child adjustment in the long-term (Hetherington et al., 1993;
Hetherington & Stanley-Hagan, 2000; Wallerstein, 1991a). Children appear most at risk during
young childhood, whereby inconsistent interaction with parental figures often leads to feelings of
insecurity and psychological or behavioural difficulties (see e.g., Bowlby, 1969; Demo & Cox,
2000; Kelly & Lamb, 2000, 2003). Mobility has particular implications, then, for young children
who may be removed from their non-custodial fathers. Research indicates, however, that it is the
quality not the amount of parent-child interaction that is most important (see e.g.,
Hetherington et al., 1998; Maccoby et al., 1993l Wallerstein, 1991b), particularly as the child
ages and more meaningful communication becomes possible (Kelly & Lamb, 2003). Thus, while
children may experience more positive psychological adjustment through the continued contact
offered by a joint-custody arrangement (Elkin, 1987; Kline et al., 1989; Twiford, 1986), it is
equally possible that joint custody may not be in the childrens best interests, especially if
significant conflict exists between the parents (see e.g., Buchanan et al., 1992; Kline et al., 1989;
McKinnon & Wallerstein, 1986). It may be asserted, therefore, that relocation may occur without
significant developmental harm provided both parents continue to interact meaningfully with
their children in the long term.
Parenting Capacity
Of particular impact to the development of such relationships is parenting capacity of
primary caregivers (Jackson & Donovan, 1990; Sparta, 1999), which considers a parents
psychological stability (Gardner, 1999; Hetherington et al., 1993; Felner & Terre, 1987; Jackson
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& Donovan, 1990), authoritative parenting style (Amato, 2000; DeHart et al., 2000; Greene et al.,
2003; Hetherington & Elmore, 2003; Krauss & Sales, 2000; Ross et al., 1998a; Sorenson &
Goldman, 1990), as well as history fulfilling a parenting role (Department of Justice Canada,
1986; Jameson et al., 1997).
Moreover, as healthy adjustment of children is correlated with continued and meaningful
interaction between parents and children in the long term (Hetherington et al., 1998; Kelly &
Lamb, 2000; Maccoby et al., 1993; Ross et al., 1998b), mobility assessment must also examine
the caregivers plans for maintaining such contact should relocation occur. Since maternal and
paternal relationships also have unique influence on child adjustment (Felner & Terre, 1987;
Hetherington et al., 1986; Maccoby et al., 1993; Peretti & DiVitorrio, 1992), assessors must
additionally evaluate how beneficial relationships may continue with both parents, regardless of
who has residential custody. Finally, mobility assessors must understand how increased
residential distance between a child and his or her parent may negatively impact healthy
adjustment (Emery, 2004; Grief, 1997; Hetherington, 1972; Wallerstein, 1987), as well as that
parents commitment to maintaining contact with his or her child should relocation occur (Greene
et al., 2003; Hetherington & Stanley-Hagan, 2000
Environmental Stability
Healthy development of children is also contingent upon a stable home environment.
Stressful events that alter a childs sense of security, a change of residence in particular, may lead
to adjustment difficulties in the short- and long-term, particularly due to lost social connections
and reduced contact with the non-custodial parent (Hetherington, 1980; Hetherington et al., 1986;
Kohen et al., 1998; Lowery & Settle, 1985; Twaite et al., 1998). Should relocation occur,
therefore, overnight visitation with the non-residential parent may become especially important
(Kelly & Lamb, 2003). The healthy adjustment of children is further fostered through appropriate
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family interactions, particularly reduced parental conflict (see, e.g., Hetherington & Elmore,
2003; Hetherington et al., 1993; Shifflett & Cummings, 1999; Wallerstein, 1989, 1991a) and
enhanced cooperation in fulfilling the parenting role (Hetherington & Elmore, 2003; Lowery,
1985; Sorenson & Goldman, 1990; Wallerstein, 1991b; Warshak, 1992). Positive sibling
interactions may also help protect children from maladjustment (Haddad, 1998; Hetherington,
1993; Hetherington & Elmore, 2003; Kempton et al., 1991; Kier & Fouts, 1989; Green et al.,
2003), as may stable social supports within the community (Hetherington, 1989; Hetherington,
1993; Hetherington et al., 1993; Main & Weston, 1981 as cited in Parke, 1988; OConnor et al.,
1998; Rutter, 1979). Mobility assessors must, therefore, consider how relocation and resulting
environmental instability could impact child adjustment over time.
Case Law of Mobility Determinations
Regarding mobility cases, neither joint- nor sole- custody arrangements determine if
relocation should occur (McBean, 2004). In this regard, while custodial parents have the right to
decide their childrens best interests (Goldstein et al., 1996), circumstances may prove otherwise
if instability and/or loss of established parent-child relationships could result (Davies, 1997;
Gordon v. Goertz, 1996; Goldstein et al, 1996). Primary considerations for mobility include,
therefore, how access with the non-custodial parent would be impacted by relocation, to what
extent a move would be detrimental rather than beneficial to the childs development, as well as
how positive, stable relationships with parental figures may be maintained over time should
relocation occur (Gordon v. Goertz, 1996). For the most part, a parents reasons for proposing
relocation are generally not deemed necessary to fulfilling childrens best interests, which must
be the only concern (Gordon v. Goertz, 1996). Consequently, mobility assessors must emphasize
the developmental outcomes of children rather than parental motivation when making
recommendations in mobility cases.
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Conclusion
Although considerable research exists regarding child adjustment following divorce, few
documents attend to how this literature may be applied to mobility cases. Furthermore, little
information is currently available to help mobility assessors make recommendations consistent
with childrens best interests. This project responds to these limitations by offering assessment
guidelines for mobility determinations. Particular emphasis is placed on fostering the healthy
development of children with respect to parent-child relationships, a caregivers parenting
capacity, environmental stability, and relevant case law. These guidelines may then have
significant utility to psychologists fulfilling an assessment role, as well as to counsellors or other
professionals whose interactions require in-depth understanding of mobility issues.
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PART III: PROCEDURES
Chapter VI
Conducting the Literature Review
While custody assessment seeks to provide recommendations in the best interests of the
child, the law is unclear about what precisely constitutes this prerequisite (Gould, 1999a; Halon,
1990; Lee et al., 1998; Rohman, Sales, & Lou, 1987). Since the outcome of this project is the
development of a handbook to be utilized by assessment professionals when asked to make
recommendations in mobility cases, this project begins with a review of the developmental
literature to foster clear understanding of childrens adjustment following divorce, as well as to
illustrate which factors are most pertinent to this adjustment in the long-term. Important areas of
research include parent-child relationships, parenting capacity, and environmental stability.
Several sources were utilized during the completion of the literature review, which were
gathered through a variety of methods. Of principle consequence was the gathering of primary
data, whereby original or fundamental conclusions were presented, and secondary data, which
described auxiliary or derived information (Barnhart & Barnhart, 1976). Such data was
accumulated by reviewing both books and peer-reviewed journals.
To acquire books for the review, the University of Calgarys library catalogue was
searched on-line using a variety of key words (e.g., child custody; mobility assessment; best
interests; child development). This catalogue was accessed by the Internet using either the
Universitys webpage or the links provided by the Campus Alberta Graduate Program. Selected
items were then ordered through the distance education specialist with Campus Alberta via
electronic mail, and subsequently taken on loan from either the catalogue main campus library or
inter-library connection. Borrowed materials were then shipped to the author through Canada
Post. The main catalogue at Athabasca University was also searched using the same basic
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parameters, and requested materials were ordered and shipped in a similar fashion. Finally, books
were also acquired by the Calgary Public Library, whereby resources were requested through the
on-line catalogue, placed on hold, and retrieved from the branch closest to the authors home.
To acquire articles found in peer-reviewed journals, the University of Calgarys Library
Electronic Resources was searched as accessed through the Campus Alberta website. These
electronic resources provided a comprehensive list of available databases, with abstracts and links
to full-text articles. The main databases utilized in this literature review include, in alphabetical
order: Academic Search Premier; JSTOR Journals; PsycARTICLES; the Psychology and
Behavioral Sciences Collection; and SocINDEX. Key words utilized during the search closely
corresponded with those used when seeking authored or edited books. If more specific articles
were desired, such as those written by particular individuals on given topics, the name of the
authors provided a narrower scope to the search parameters, thereby yielding more precise
results.
Wherever possible, PDF files, which provide accurate text from the original published
source, were downloaded immediately from the corresponding database. As indicated by the
Publication Manual of the American Psychological Association (2001), those articles acquired in
PDF format do not require referencing of the database from which they were derived. In contrast,
some articles were found on independent Internet sites, such as the College of Alberta
Psychologists or Statistics Canada. Although some of these articles were downloaded in their
original configuration (i.e., PDF file), the sourced location and date of retrieval were noted in the
references list as required by the American Psychological Association (2001).
The literature review also required data compilation pertaining to case law of mobility
determinations. In particular, current Canadian legislation was summarized, with special
emphasis on recent court decisions passed by Federal and Provincial courts. Without
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understanding of these legal implications, entrusted professionals could not sufficiently expect
that suggested recommendations would be appropriately considered in a court of law. To
accumulate the necessary legal information, referenced texts were consulted, such as the 2005
Annotated Divorce Act of Canada (MacDonald & Wilton, 2004). Court decisions were located in
the Dominion Law Reports: DLR Plus database supported by the University of Calgarys
electronic library. Several court determinations were identified using various search parameters
(e.g., family law; custody; mobility rights), and were downloaded in HTML format. These
sources provided valuable insight into how mobility issues are resolved not only in general, but in
particular instances with unique circumstances. These court determinations were then sourced
appropriately in the reference list.
Once all the data were gathered, the literature review was written by giving due
consideration to all obtained ideas, and organizing this information into clear and concise
chapters. These chapters reflect those assertions most often found in the child development
and/or divorce literature, but are not necessary presented in order of importance. Since one
guideline may be more pertinent to a childs particular situation than another guideline, assessors
must use professional discretion when making such determinations. Standardized referencing
protocol has been followed throughout the document (American Psychological Association,
2001). Scholarly integrity has been further guaranteed through the editing process, whereby the
projects supervisor provided valuable insight and offered concrete suggestions for improvement.
Once completed, the revised manuscript was presented to the second reader, and subsequently
underwent a rigorous adjudication process before receiving final approval by the Campus Alberta
Graduate Program. Through this process scholastic quality is ensured, further enhancing the
reliability and validity of the data presented.
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Chapter VII
The Development of Assessment Guidelines
While the literature review is a primary component of this final project, the ultimate
objective is the presentation of mobility guidelines to be utilized by assessment professionals.
Inductive reasoning fostered the development of general principles to be considered when
making recommendations in relocation disputes. These guidelines provide a checklist for custody
assessors and possible interpretations of assessment data, whereby the childs best interests are
paramount.
To create the guidelines handbook, entitled Childrens Best Interests After Divorce: A
Guide for Mobility Assessment, major themes were identified in the literature review. In this
regard, the review served as the theoretical foundation from which the assessment guidelines
were derived. Theme identification involved examining the existing data with a view to salient
patterns that could be extracted and generalized to mobility issues. These patterns were isolated
by focusing on key information in the divorce or developmental literature, and then re-
conceptualized in terms of important themes to be offered to assessment professionals.
Once identified, a concise explanation of each guidelines pertinence was provided, and
this information originated primarily from the literature review itself. Such data are important to
ensuring the guidelines are sufficiently supported by scholarly research. Sections of the literature
review, therefore, were copied and pasted into the handbook for further revision, which then
formed the first draft of the guidelines document. The handbook was originally conceived as a
stand-alone product for distribution to qualified assessment specialists, and therefore has been
developed in light of subsequent reproduction. While the handbook may be reproduced in this
original format, it is also possible to diminish the size of each page, utilize double-sided printing,
and collate the document for binding, thereby creating a distributable product.
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As with the literature review section of this final project, comments and suggestions were
provided by the projects supervisor, which were then incorporated into the handbook.
Subsequent to these revisions, the projects second reader examined the handbook as part of the
overall project review, and final edits to the document as a whole including the abstract,
procedures, and synthesis and implication sections were completed. This finalization process
helped ensure the academic rigour of not only the specific product, but the Master of Counselling
project as a whole.
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PART IV: SYNTHESIS AND IMPLICATIONS
Chapter VIII
Project Utility
It has been asserted that as a society, we no longer agree on what is good for children.
We are more focused instead on the political rights of parents (Mason, 1999, p. 3). The
resolution of custody disputes, therefore, requires a more balanced approach such that the childs
interests are given primary consideration in light of the custodial and non-custodial parents
abilities to meet those needs (Irving & Benjamin, 1995). This final project attempts to help the
courts achieve such balance by providing an extensive review of child development and divorce
literature; this data subsequently provides reliable information on which to base to the
development of professional guidelines for mobility assessment. As a project, then, this
document will have important implications to custody determinations within Canadian
jurisdiction.
The primary application of this project involves the decision-making process, whereby
assessors may consult the guidelines when required to make relocation determinations (Lee,
Beauregard, & Hunsley, 1998). Since many different factors have proven important to child
adjustment following divorce, it is vital that custody assessors consider these factors as they may
impact the unique development of the individual. The proffered guidelines call attention to these
important considerations, and require the assessor to carefully weigh each factor against the
others so that responsible decision-making may emerge.
This project is also efficacious because as assessors routinely consult the mobility
guidelines, more standardized practice will emerge. As previously discussed, guidelines for
mobility determinations are currently deficient, indicating that existing practice lacks consistency
among assessors or across circumstances. This project seeks to rectify such discrepancy because
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through its application, the guidelines handbook offers professionals a roadmap for mobility
evaluation. As a result, mobility assessors will have a common framework upon which to base
their legal recommendations.
While assessment guidelines are relevant to custody assessment in particular, this final
project also has important implications to counselling psychology in general. As existing divorce
literature emphasizes the disruptive influence parental separation has on child development (Kier
& Lewis, 1997), it is vital that counselling professionals understand this negative impact to help
mitigate detrimental effects over time. The literature review component is particularly useful to
counsellors or other professionals who require insight into how divorce and relocation affects
children. Moreover, the inclusiveness of sources fosters a well-rounded picture of childrens
developmental needs, thereby lending greater credibility to the information presented. The
sources utilized also span several decades, showing trends in the literature and leading to
contemporary conclusions. As a whole, then, this project helps counsellors respond appropriately
to the unique needs of children and parents following divorce, particularly with respect to
relocation concerns.
Finally, this project offers considerable utility to society as a whole through its emphasis
on the promotion of human welfare (Sinclair & Pettifor, 2001), particularly the well-being of
children. Since the ultimate goal of custody assessment is to help the courts provide an
environment that will hold and protect the child during subsequent years (Wallerstein, 1991, p.
452), this project contributes to the positive development of children by providing appropriate
guidelines for use in mobility cases. Again, the literature review aspect is especially helpful
because without in-depth understanding of childrens needs following divorce, appropriate
recommendations for mobility could not be presented. In this regard, the short- and long-term
welfare of others is enhanced through the projects completion.
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Chapter IX
Potential Limitations
While this final project offers considerable utility to the profession of psychology,
particularly mobility assessment, this academic endeavour must be evaluated if the guidelines are
to be responsibly applied. To this end, the projects limitations are discussed such that those who
employ the assessment guidelines may do so with full understanding of the potential misuses.
Limitations
Although the literature review component was especially extensive and thorough, it may
be reasoned that unless all existing data are assembled, informational gaps could exist. In this
regard, while the handbook is comprehensive and instrumental, it should not represent an all-
inclusive approach to mobility assessment as the number of sources collected is not infinite.
Users of the guidelines document, therefore, should recognize this limitation and consider the
value of new research as it comes to light when making recommendations in mobility cases.
Additionally, while this project provides valuable information regarding child custody
assessment, and mobility considerations in particular, it is important to note that the author of this
project is not a trained assessor, and assessors were not consulted during the completion of this
project. The guidelines offered in the assessment handbook, therefore, should be regarded as
suggestions rather than absolutes and be applied in a judicious fashion, utilizing professional
standards of practice and individual discretion.
Moreover, the assessment handbook is to be used as a guide only, and is not considered a
procedure manual. Thus, while general principles for mobility assessment are offered, the
guidelines do not provide instructions regarding how assessments should be conducted, which
psychological instruments to utilize, or which individuals and/or professionals to involve in the
decision-making process. In this regard, the handbook is not an exhaustive resource for assessors;
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instead, the document must be used in conjunction with additional sources or practice manuals in
keeping with professional discretion.
Finally, since each case is unique, complete with its own set of circumstances, it is
difficult to assert that some considerations are more important than others. As such, the offered
guidelines are not necessarily presented in order of importance; instead, it is left to the discretion
of each assessor to determine which guidelines are most relevant to the particular case.
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References
Amato, P. (2000). The consequences of divorce for adults and children. Journal of Marriage &
the Family, 62(4), 1269-1288.
Archibald v. Archibald (2002). 216 D.L.R. (4th) 561 (British Columbia Court of Appeal, August
28, 2004). Retrieved September 14, 2005 from the Dominion Law Reports: DLR Plus
database.
Artis, J. (2004). Judging the best interests of the child: Judges accounts of the tender years
doctrine. Law & Society Review, 38(4), 769-806.
American Psychological Association (2001). Publication Manual of the American Psychological
Association: Fifth Edition. Washington: Author.
American Psychol