Identifying High Conflict Family Law Cases: A Guide for Judges and Attorneys

High conflict family law cases pose significant challenges for the judicial system and can have lasting negative impacts on all involved, especially the children. Recognizing the signs early can help judges and attorneys manage these cases more effectively. Here are key indicators of high conflict cases to watch for, along with some revealing statistics:

Jump Links

• 10 Red Flags of a High Conflict Case
• Insights From Family Law Professionals
• Strategies to Help High-Conflict Parents

Frequent Court Appearances

One hallmark of high conflict cases is the frequency of court appearances. If parties are constantly filing motions and requesting hearings over minor issues, it’s a red flag. This indicates an inability to resolve disputes amicably and a reliance on the court to settle even the smallest matters. According to a study, high conflict cases can account for up to 30% of family court dockets, despite being a minority of overall cases.

Persistent Allegations

Continuous accusations of abuse, neglect, or parental alienation are common in high conflict cases. These persistent allegations often lack substantial evidence and serve to escalate tensions between parties rather than protect the children’s best interests. Research shows that in about 20% of high conflict cases, repeated allegations of abuse are made without substantiation.

Inconsistent Parenting Plans

Frequent changes to custody or visitation schedules can signal underlying conflicts. If parents are unable to adhere to a stable plan and continually seek modifications, it reflects ongoing disputes and instability for the children. Statistics indicate that high conflict cases are three times more likely to result in repeated custody modifications compared to low conflict cases.

Communication Breakdown

High conflict cases often feature a complete breakdown in communication between parents. When parents are unable to communicate without hostility or require mediation for basic discussions, it suggests deep-seated animosities and an inability to cooperate. A survey found that over 50% of parents in high conflict cases rarely or never communicate directly.

Children Caught in the Middle

Evidence that children are being used as messengers or manipulated by either parent is a significant concern. This behavior indicates that parents are prioritizing their conflicts over the well-being of their children, which can have detrimental effects on the children’s emotional health. Studies reveal that children in high conflict divorces are 50% more likely to suffer from anxiety and depression.

Non-Compliance

Regular failure to adhere to court orders or agreements is a strong indicator of high conflict. Non-compliance shows a disregard for the legal process and an unwillingness to cooperate, often necessitating further legal intervention. Non-compliance rates in high conflict cases can be as high as 40%.

Emotional Volatility

High levels of anger, frustration, and emotional outbursts in court can be telling signs of a high conflict case. Such behavior not only disrupts proceedings but also indicates the intense emotional strain on the parties involved. Emotional volatility is observed in approximately 60% of high conflict family law cases.

Extended Litigation

Cases that drag on for months or even years without resolution are typically high conflict. Prolonged litigation usually results from an inability to reach agreements and a continued reliance on the court to make decisions. High conflict cases can last up to five times longer than low conflict cases.

Third-Party Involvement

Frequent involvement of therapists, social workers, or law enforcement in the family’s affairs often points to a high conflict situation. This indicates that the issues extend beyond legal disputes and involve significant social and emotional challenges. Over 70% of high conflict cases involve regular third-party interventions.

Economic Control

Disputes over financial support, assets, and expenses are common in high conflict cases. When one party exerts economic control or there are frequent battles over money, it complicates resolution efforts and prolongs conflict. Economic control issues are cited in 65% of high conflict divorces.

Related Article > How Do Court-Ordered Parenting Classes Work?

INSIGHTS FROM FAMILY LAW PROFESSIONALS

We distributed a survey asking family law professionals what their key indicators for a high conflict case were, and they provided valuable insights. Here are some of their responses:

• “Parties (including my clients) who insist that they are always correct and that the other parent is always wrong.” Guardian ad Litem, Ohio
• “Helicoptering everything the lawyer does; not letting the lawyer or trusting the lawyer on basic fundamental courtesies associated with practicing law.” Attorney, Georgia
• “Third party involvement, including stepparents, boyfriend/girlfriends, and grandparents.” Attorney, Pennsylvania
• “Unprofessional opposing counsel.” Paralegal, Minnesota
• “Underlying mental health or addiction issues; History of DV (coercive control/emotional abuse); Special Needs Kids (denial of diagnosis or obstruction of treatment); Children caught in the middle: a.) Kids that walk on eggshells in one or both households b.) Kids that report one parent is “perfect”; Revolving Door:? Significant others, attorneys, providers for the children.” Attorney, Arizona
• “Pros and cons of pro se' representation; intentional false or misleading filings; attorneys' fees.” Collaborative Law Professional, Florida
• “Assault/family violence, regarding protective court hearings.” Attorney, Texas
• "Parental Alienation." Family Law Professional, Michigan

?

Related Article > Exploring Statistics on Parenting Classes: The Center for Divorce Education’s Evidence-Based Solutions

Strategies to Help High-Conflict Parents

Once a case is identified as high conflict, implementing effective strategies can help mitigate the negative impacts and guide parents towards more constructive behaviors:

?

1. Court-Mandated Co-Parenting Classes: Enroll parents in specialized co-parenting classes designed for high-conflict situations – like High Conflict Solutions - focusing on communication, conflict resolution, and emotional regulation skills.
2. Mediation and Counseling: Use court-appointed mediators and counselors to facilitate constructive communication and negotiation between parents.
3. Parenting Coordinators: Assign a parenting coordinator to manage ongoing disputes and ensure compliance with court orders.
4. Therapeutic Interventions: Encourage or mandate individual therapy for parents to address underlying emotional issues and improve their capacity to co-parent effectively.
5. Detailed Parenting Plans: Develop highly detailed and specific parenting plans to minimize ambiguities and reduce opportunities for conflict.
6. Regular Court Reviews: Schedule regular court reviews to monitor compliance with orders and address any emerging issues promptly.
7. Use of Communication Tools: Recommend or require the use of structured communication tools, such as co-parenting apps, to facilitate respectful and documented interactions.
8. Temporary Orders: Implement temporary orders to stabilize the situation and provide immediate structure while a final resolution is pending.
9. Focus on the Children’s Needs: Shift the focus of proceedings and interventions to the needs and well-being of the children, ensuring their best interests are prioritized.
10. Economic Dispute Resolution: Utilize financial mediators or experts to address economic disputes, minimizing the potential for financial control tactics.

Related Article > 5 Things to Look for in a Co-Parenting Class

Conclusion

Identifying these indicators early can help judges and attorneys manage high conflict family law cases more effectively. By recognizing the signs and implementing strategic interventions, legal professionals can mitigate conflict, protect the children involved, and work towards more stable and constructive resolutions.

Request FREE Parent Referral Cards

High Conflict Solutions - An online, 8-hour program for divorcing/separating parents who need a Level 2 or High Conflict Co-Parenting Course. The High Conflict Solutions Course meets and exceeds court requirements for the 4-hour Children in Between Online Course.

Order Form

Frequently Asked Questions

What is the High Conflict Solutions Class?

The High Conflict Solutions Class is designed to help parents navigate high-conflict situations during and after divorce. It provides strategies to reduce conflict and create a healthier environment for children.

This 8-hour Level II online class costs $129.95 and includes 1 year of 24/7 access, free digital workbooks, and an instant certificate of completion.

Visit highconflictsolutions.com to learn more.

Who can benefit from this class?

This class is ideal for parents experiencing intense disputes and frequent conflicts. Family law professionals can recommend it to clients who need practical tools to manage and resolve conflicts.

High Conflict Solutions pairs well with parents who are court-ordered to participate in mediation, parenting coordination, and other family court services, as it prepares both parties to face difficult communication challenges.

What topics are covered in the class?

The class covers effective communication, conflict resolution techniques, emotional regulation, and strategies to protect children from parental disputes.

See the course outline HERE.

How is the class delivered?

The class is available online, offering flexibility for parents to complete it at their own pace. It includes interactive modules, video scenarios, and guided practice to reinforce learning.

How can I refer parents to complete High Conflict Solutions?

Family Law Professionals may order Parent Information Cards, at no cost HERE.

What if my client has already signed up for Children in Between Online?

Occasionally, parents will register for our 4-hour class, Children in Between Online before being ordered to complete High Conflict Solutions (HCS). The first 4 hours of HCS is the same content as CIBO. Within 90 days, we may transfer credits to their High Conflict Solutions course, per request. A refund may also be issued for the original CIBO purchase.

More To Discover

What Are The Effects Of Divorce On Children? - Divorce represents not just the end of a marriage but also the beginning of a new, albeit challenging, chapter for every…

Exploring Statistics on Parenting Classes: The Center for Divorce Education’s Evidence-Based Solutions - Parenting is a challenging and…

5 Things to Look for in a Co-Parenting Class - Divorce or family separation is one of the most stressful events a parent can face. To help navigate this challenging time...

All Articles >