Disputes or High Crimes and Misdemeanors?

godstory

When parents enter the Family Court System it is very confusing.  First, they want you to part ways, but at the same time keep forcing you together to “co-parent”.  They use confusing lingo and it seems like the parents do all the work, while the professionals take a lot of money for putting the hard work on you.  It is true.  They do.  A common quote from my clients is, ” I had to do all the work for my lawyer.”  Well, there is a reason for that.  The professionals do not know your children, your schedules, what matters most to you and what doesn’t,  and in particular, once you have entered post decree land, there isn’t a whole lotta law that goes on.  The law becomes the law you (or the courts if you weren’t able to agree) created for your family.  There is no law that dictates what your parenting time schedule has to be.  There really isn’t.  The time can be distributed evenly between parents or it may not be distributed evenly for any number of reasons.  Some states do a default parenting time schedule for when parents cannot create one on their own, but it is all very complicated.  Parents can choose to deviate from a schedule if they want and they are encouraged to be flexible as life evolves. Why be flexible?  Because life can change quite a bit over the span of a childhood, but the court will enforce the schedule that is in an order.

Sometimes, this confusion and lack of structure creates fear and anxiety for parents.  Some parents do not understand that the law has pretty much completed their case and they keep waiting for “it to be done”.  In other words, they want this person who hurt them so terribly to go away and never bother them again.  Unfortunately, though, that is not the way it works when you have children together.  Like it or not, you do have to talk to each other and coordinate schedules, school or medical needs, etc.  The way most parents learn to do this is to emotionally process the divorce and hurt feelings from the relationship so they can move into a new type of relationship, but some people are unable to do this.  They don’t like what has happened.  They don’t like the arrangement.  They don’t like that they have a co-parent because life would certainly be easier if you didn’t, and they don’t like that their ex never got punished for the hurtful things they said or did throughout the marriage and/or divorce process.  Is that what Family Court is there for?  Are they there to punish?

Many people who continue to push for some kind of “conviction” of their co-parent do not seem to understand that Family Court is not criminal court.  It is not a crime to get a divorce.  It can be very hurtful, but it is not a crime.  It is not a crime to want some of the stuff that was accumulated during the marriage or to want to continue to be a parent to your child after the divorce.  The fact that someone seeks a divorce, even though one parent does not think that will be good for the child, doesn’t make it a crime.  These things are the nature of relationship breakdowns and unavoidable in some marriages.  If the marriage is going to end, it is going to be end and hopefully, each spouse will learn to come to terms with that and create the life they dream about on their own or with someone new.  On top of that, when you share a child, you have to process these separate lives, while still coming in contact with the other person.  That makes it much harder to go through all of the emotions and accept the loss.  That is why your success in court depends greatly on you more than professionals.  It depends on how resilient you are.  We don’t know what you need to get to the point of acceptance.  Some professionals believe that you need time, but courts have deadlines.  They cannot just sit and wait for everyone to process their loss.  If they did, many people would continue to not process the loss and hope that their spouse will change their mind by forcing the marriage to continue forever, but there are two people in this thing.  Often, two people with very different desires for outcome.  What do you call that difference of opinion or differing needs?  It is called a dispute.

What do you do when working with two people in a dispute?  For example, let’s say that two of your friends have a dispute over some words that were said.  Suppose that the friends are Janet and Martha.  Janet told Martha something in confidence and without realizing it, Martha shared the information with another friend named James.  Her breaking confidence was not very nice, but it was not a crime.  Now, in this dispute, the words have been spoken and the action cannot be undone.  Hopefully, Martha is sorry for saying something she should not have said, but she cannot do anything other than to apologize and ask for forgiveness.  Janet can either accept her apology and work to repair the relationship or she can decide that it is time to let the friendship go.  For the two of them, that may work, but maybe since you want to remain friends with the two of them, even though their friendship has ended, and no one is upset with you about anything, each one will be able to stay friends with you individually.  The relationships are all going to change, even though you were not part of the dispute, it does affect you.  You may try t it and see how it goes and find out that there needs to be some ground rules set.  Especially if your friends are going to put you in the middle or try to win you over on one side or the other, it is going to become very uncomfortable for you and you are going to feel the ramifications of their quarrel.  As an adult person, you can walk away and say good-bye to both of them, but a child of divorce cannot do that when the dispute is between their parents.

Another thing that would not happen between the friends is this, no one would try getting the police involved or ask a court to prevent you from having a relationship with either Janet or Martha.  There was no crime committed and you have the right to have a relationship with anyone you wish.  There wouldn’t be any authority figure to come yell at Martha or order her to not be allowed to have friends again.  It was a dispute between people and no matter what anyone else thinks of it, no crime occurred, so there is nothing to be done about it.  Martha and Janet will feel the way they feel about it.  A relationship ended.  There is really no “right” outcome from what has happened.  People who care about them may want them to apologize, make up and go back to being friends, but Janet and Martha will be the ones who decide that and the way they each treat you afterward will determine how you feel about each one of them going forward.  Hopefully, they will understand that you have separate feelings and needs from them and that your desire is to remain friends with both of them separately and they will create conditions where you can do that.

For a child of divorce, they need their parents to sort this out for them.  They don’t want anyone to punish mommy or daddy because they hurt each other’s feelings or made each other sad.  If mommy and daddy can deal with their hurt feelings and put them aside to understand their child’s needs and figure out how to separately manage the child’s activities, health and wellness, that is the best thing that can happen, but when the parents refuse or keep trying to make the child choose sides or stop seeing a parent, that is when a third party neutral has to come in and try to help.  By this time, the hurts of the past are way behind the parents and they are usually already divorced.  The situation is what it is and the court orders/agreements are what they are.  Court appointed third parties are there to help everyone make it work, but if they do see a child in the middle, they will help to free the child.  There really isn’t a lot that third parties can do to help you improve the situation.  You will have to do this for yourself.  They will try to get you focused on the child to make the child’s life easier for them because children do suffer enormous consequences when they have to live through parent hostility.

Many times parents do not understand this.  They complain and complain and complain about what it is they do not like about the other parent or what the other parent has done.  They expect that if they demonstrate just how bad a person the other parent is, someone will punish that parent in some way.  That is not the nature of dispute resolution, which is what Family Court is about.  Family Court looks for solutions and moving families forward.  They want you to take your family out of court and start making decisions for yourselves.  They don’t want to parent your children for you.  They want to give you the tools to do it.

If your approach to Family Court is to try to prove fault in a no-fault system, you will lose sight of the needs of your child.  If you need help understanding dispute resolution or gaining some coping skills so that you can focus on your children more than the battle, especially if you have an ex spouse who cannot seem to grasp the nature of custody and parenting time, give us a call at 763-566-2282 or at High Conflict U, 1-800-516-2446.  We’ll do our best to help you.

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Marital Advice and Marital Mediation

Here is a video from Henry Winkler offering the secret to a long marriage.  There is a lot if truth in what he says and it doesn’t matter if you are married, divorced people trying to co-parent, a parent and child relationship in conflict or even experiencing issues between friends.  It is not about how you meant it, but how it lands!  See what Henry Winkler says…

 

 

Many people do not know that Life’s Doors Mediation offers much more than divorce services.  We also offer Marital Mediation and relationship coaching services.  Our goals is to improve relationships.  No matter where two people are in their relationship, they can move beyond conflict and reach a peaceful coexistence.  We’ve had married couples and unmarried couples come in to learn communication and conflict management skills without any mediation at all, but we have also helped parents with teenage children and couples who are struggling to stay together negotiate their way to a workable relationship through non legal mediation processes.  Agreements do not have to be written.  It gives people a chance to discuss their needs in the relationship and try to get to a place of understanding from the other side.  Many couples want to discuss their needs and desires and agree to a way forward.  Couples who use marital mediation can avoid divorce, but it has nothing to do with any court process.  It is simply an agreement between two people.  The agreement can be written or simply be a verbal agreement.  It is a matter between the two people involved whether they wish an agreement be written or not.  Because these types of agreements are usually not very involved, the fees are much lower than it would be for a court involved case.

If you would like more information on informal marital or relationship mediation, please contact Susan Carpenter at Life’s Doors Mediation via phone, 763-566-2282 or email: susan@lifesdoorsmediation.com.  You may also want to check out High Conflict U for our relationship, communication and conflict skill building classes and programs.  There are times when you may be able to save your marriage or restore a relationship.  As Henry Winkler said, both people have to willing.  If that is where you are at, despite any problems you are having, reach out and see if Life’s Doors Mediation or High Conflict U may be able to help.

Leavers vs. the Left from lessonsfromtheendofamarriage

This piece, about what happens to the people that leave relationships abruptly and/or with deception, caused quite a stir on Facebook recently. The comments fell into two camps: “Thank you for validating my experience” and “I’m the one who left my marriage and I’m tired of being painted as the bad guy.” The reaction got me […]

via The End of a Relationship: The Leavers and The Left — Lessons From the End of a Marriage

The Best Revenge on an Ex-Updated

Image courtesy of Photostock at FreeDigitalPhotos.net
Image courtesy of Photostock at FreeDigitalPhotos.net
This article was originally posted on May 18, 2011.  Due to its popularity, I thought I’d re-post it.

When hit with divorce some people decide that their life is over. They think that in order to be a good parent, they must make sacrifices. They decide that dating has to wait until the children are grown, or they decide that they must be alone FOREVER.

There are always those people who decide that “all men are scum!” or that “all women are man haters!” While it certainly feels that way as you try to heal the wounds of divorce, those statements are blatantly false. Just because one person hurt you, it doesn’t mean that there isn’t a loving man or woman out there who has been hurt just as badly, and would love to find someone like you. Many people are looking for a decent, loving individual, with whom they can build a new life, but instead, they do not allow themselves to seek out a potential mate.

It is called fear, people. Fear holds them back from true happiness. Those who live in fear never get to live life to the fullest. They miss out on the joy life can bring. They miss out on sharing a life with someone wonderful.

We can take our past experiences and let them continue to hurt us, or we could chalk it up to experience and hop right back on that bicycle and try it again. What I think people find through dating, especially when they are a little older and have been through divorce, is that they matter, and that they are more beautiful and desirable than they think they are.

The period following divorce can be a chance to learn about yourself. It can be a time to figure out who you are and what your interests are. You can try people on for size and it will help you find the right one for you. Just because the last one turned out to be the wrong one, that is no reason to give up and hide under the covers. I truly believe that there is someone out there for everyone. Just make sure that you have examined your part in the failed relationship and that you are emotionally healthy and ready for a new relationship before you get deeply involved with a new mate. It will save many headaches later if you get your act together!

I have another take on that whole “sacrificing for the children” belief. I think that when you swear off dating, you are robbing your children of a good example. Here’s why: Since you ended up divorced, that was probably not the best example of a healthy relationship. Did you fight? Was there chemical dependency involved? Was your ex physically and verbally abusive? Children learn by modeling. They observe the relationships they see and it leaves an impression on them. The kind of relationship they witness will be the relationship they seek out in their own lives and they will do so without even knowing they are doing it.

One day, they will choose a significant other and have a relationship just like their parents had. Why? Because this is what a relationship looks like to them. Do you want that? Would it be better to show your children how to date selectively and then hopefully find that special person with whom you can have a healthy, lasting relationship with? What a great model to give them, especially if all of the relationships around them haven’t always been the healthiest! Do this for you, but also for your children, and for that new person you have yet to meet, the one who is just as lonely as you are. You just might surprise yourself and find the right one. I know I have.

Keep in mind that there is another reason to open your heart and mind to love, and all of the possibilities in life. Your ex. While I would never recommend dating just to get back at your ex, I do think the best revenge on an ex is for them to see you blissfully happy and successful in life! Go ahead. Have the last laugh.

 

Indulge Me

I like to listen to music from simpler times.  The arrangements offer much more than music of today.  The arrangements contain a greater assortment of musical instruments, and the lyrics touch nerves because of the emotions involved in the depth of feeling in the song.  Today’s music seems to contain lyrics of violence and anger, more than any other feelings.  Songs from when I was growing up still contained reference to God and faith.  You do not see that anymore.  Today’s songs about relationships seethe with hate; Forgiveness is forgotten, love is less strong.  If you go back and listen to songs from the sixties and seventies and then listen to something from this year, the contrast is stunning!  I know that if I want to listen to music as a way to de-stress, I am less likely to find that in today’s music, but when i go back to songs from my youth, they bring peace.  Enjoy this song from the Fifth Dimension, and see if you can relate to it in terms of being more emotionally expressive, and more peaceful and calming.