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

17

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.

18

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.

19

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.

20

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

21

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

22

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).

23

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

24

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

25

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

26

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

27

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).

28

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

29

& 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

30

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.

31

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.

32

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

33

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

34

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.

35

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.

36

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

38

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;

40

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