Showing posts with label visitation. Show all posts
Showing posts with label visitation. Show all posts

Friday, October 12, 2018

More on NPD and custody litigation: Dr K’s top 10 list of tips and tools

More on NPD and custody litigation: Dr K’s top 10 list of tips and tools

After more than 30 years as a consultant to family lawyers and their clients (and as a custody evaluator/expert and therapist), I have been involved with hundreds of cases where one of the parents is a narcissist (NPD-usually the dad). What follows is some lessons learned from coaching their former spouses during and after they divorce the NPD, and try to co-parent their kids with them.

1. Former spouses of NPDs are traumatized and need treatment even if they look like they’re fine.

NPDs inflict major but usually invisible and long-lasting wounds on their spouses. The damage to the self-esteem and self-confidence, not to mention the trust, of the spouse is remarkably deep and pervasive. What’s more, many of the spouses are so wounded that don’t realize how wounded they are. They may have lived an outwardly very affluent and seemlingly happy life but behind closed doors at home, their existence was a wasteland of criticism, cruelty, and loneliness which they daren’t not reveal to anyone. By the time of the divorce, they doubt their own perceptions and judgment, as they have been “gaslighted” into near insanity by the controlling  and lying NPD. Despite their physical attractiveness (NPDs never marry average looking women) and expensive and tasteful wardrobes (NPDs would never been seen in public with someone that’s not wearing designer clothes), they are emotionally exhausted and impoverished on the inside. They are are emotionally prepared to litigate against an NPD whose goal is not just to win but to destroy them personally.

2. Former spouses of NPDs are frequently incompently treated by counselors and therapists.

The internal dynamics of former spouses of NPDs is much like traumatized combat veterans. Having lost their trust in their own perceptions of reality, and having been brainwashed by alternating periods of worshipful devotion and unexpected cruelty and denigration, they are anxious, depressed, and distrusting, bordering on paranoid. They are also able to pay for therapy, and difficult to engage in meaningful dialogue; for poorly trained or unethical mental health professionals, these are long-term patients who keep coming but have the same unending complaints and symptoms. Some of these women have been therapy for years without signficant progress or relief, believing their lack of improvement is their fault (another legacy of a close relationship with an NPD).

3. Children of an NPD parent are at significant risk for damage to their emotional, cognitive, and relational development.

The NPDs lack of empathy and overwhelming self-absorbsion means children are treated both as “furniture” and also as “reflections of perfection” of the NPD. NPDs need unending and uninterrupted worship and devotion; hence parenting is extremely unsatisfying and bothersome for them. Rules for children are arbitrary, usually cruel and unreasonable, and change at the drop of a hat.
Because NPDs see the world in black/white/all good/all bad terms, failure by the children to be “perfect” (whatever that might be at a given moment) results in harsh criticism, personal attacks and belittling, public humiliation, and/or rage and physical abuse, usually followed by complete neglect and emotional abandonment. Nearly all of these kids underperform at school, act out in rebellious or defiant ways with authority figures, have poor peer relationships, and are at very high risk for anxiety and depression. The greater the exposure to the NPD parent, the greater the risk and harm for the child. 

Post divorce visitation with an NPD parent is almost always represents a significant increase in the risk of harm to the normal growth and development of the child, since mom has usually buffered the kids from as much of the chaos from the NPD as she could. NPD single parent dads are frequently incompetent and uncaring parents with limited parenting skills and absolutely no real interest in their children. 

4.  Consequently, co-parenting with an NPD is impossible; “parallel parent”.

NPD’s do NOT “play well with others”; never have, never will. What a NPD hears when the court order says “co-parent” is this: “great, I am still in charge. I can do what I want, and I can make her do what I want, just like old times”.  Any attempt by Parenting Facilitators to engage dad in shared parenting, mutual sharing, and communication will be fruitless because NPDs don’t want to parent; they want to punish their ex by harassing the kids and generating control issues and threatening to take the kids from mom in a custody fight,

So moms should make good decisions about the kids knowing that they are going to be criticized  by dad no matter what they do. Communications should be by text and limited to the details of the exchanges, or to respond to the infrequent and unreasonable requests about the kids. Remember this
is not a reasonable, rational, normal dad; don’t expect normal loving dad behavior.

5. Before you litigate a reduction in visitation (or a custody change), get a competent therapist who understands NPD and NPD traumatized spouses.

The US Constitution guarantees “due process” in any court proceeding and that means you are going to have to see your ex in public, and probably more than once, during your hearings, depositions, and trial. In order to be seen as a credible and truthful witness  in face of your former spouse, who is ana an accomplished liar and manipulator, you have to be calm, confident, and not intimidated by “the look”. That means you have to be far enough along in your recovery from NPD trauma to be cool and calm and focused in your testimony. Competent treatment will get you there in a year or so.

If your new therapist is not able to describe NPD in a way you recognize, and talk to you about the effects of that relationship on you (that matches your feelings and symptoms), then find another therapist. It would be best if they experience testifying, have treated other NPD victims, and understand the challenging task of getting judges and lawyers to understand the dangers of NPD to kids.

6. Hire a family lawyer who both understands NPD and is willing to aggressively pursue visitation for dad that is dramatically less than “standard visitation”.

Family lawyers are getting better informed about Narcissistic personality disorder (NPD), but even those who know what the diagnosis is don’t really understand the impact of an NDP parent on children. Before embarking on any change of custody litigation, have a lengthy interview of your lawyer and make sure they can not only explain NPD acccurately, but also articulate the dangers to your children, and explain the hurdles in the legal system to getting dad’s visitation (and therefore the risks of damage to your kids) reduced.

NPD is found in less than 1 or 2 people for every 100 people in the general population in the US. However, NPD is found in most of the high conflict family cases, which are about 1/3 of all divorces.  Your family lawyer must be willing to agressively pursue a non-standard visitation solution that is in the children’s best interest even though it does not fit into the “cookie cutter” mold for most visitation orders. If your lawyer is unwilling or unable to explain how that could work in your jurisdiction, then find another lawyer. NPDs respond to attacks and criticism by “doubling down” and increasing their threats and personal attacks through bigger lies, intimidation, and manipulation so the litigation will be long and costly and the case is unlikely to settle. You both have to be ready and willing to go to trial. If this lawyer is not comfortable in a trial, get a different lawyer.

7. In order to get the judge to order less than standard visitation for your ex to protect your children from an NPD dad, you will need compelling evidence of current and past harm to your kids and the testimony of a highly qualified expert to explain to the judge the current and future damage he’s doing to your children.

That means hiring a clinical or forensic psychologist (or maybe psychiatrist) who is willing to testify that NPDs inflict harm on both children (and spouses), and that no “dose” of exposure to an NPD parent is safe for children. This expert witness must clearly explain that greater exposure to this toxic parent means greater harm to children. Counselors rarely are trained to recognize NPDs; many of them naively assume that the NPDd will change or even can be coached or counseled to be more empathic parents (NPDs can’t and most won’t even try). There is NO known effective treatment for NPD.

8. Expect the fight to go to a trial.

As I explained earlier, NPDs response to criticism or disagreement, much less a public loss of “their time with MY children” does not lead to compromise or problem solving but to nasty, personal, emotional warfare.  You can expect to be intimidated, attacked, and accused of parental alienation. (Nearly half of all proven cases of parental alienation are non-custodial dads; a small fraction are mothers) .

In my experience, NPDs only give up the fight after they have been publicly humiliated in court as a chronic liar and emotionally/physically abusive parent (in a hearing or trial) or they have been “bought off” by getting something that assuages their egos and makes them look good in giving mom what she’s asked for in reduced (or even almost no visitation). Or in unusual cases, they are outgunned and out spent and run out of money, and they they fold.

It is hard for most judges, lawyers, and juries to grasp that a father really has absolutely no real interest in his children as people apart from what they can do for HIM. But a settlement offer of a sort that feeds the ego of the NPD dad (money, recognition, glory, admiration). NPDs can be bought but they are not cheap.

9. Because NPDs are so concerned about their public image, they are very vulnerable to having their family histories exposed. These family secrets can be leverage in negotiating a settlement right before trial.

NPDs create little NPD children, so most NPDs have one or both parents who are NPDs and siblings who have been damaged as a result. The NPD is likely the outwardly best functioning sibling, and the others are likely suffering from a variety of mental disorders including anxiety, depression, and substance abuse.  These family members represent an unacceptable narcissistic injury to their perception of their perfect selves and family, and are usually ignored or disavowed by the NPD. Careful discovery and thorough depositions can lead to useful leverage.

10. Don’t start this process if you can’t finish it. This process will be at least 2 years long and very costly. If you can’t afford the costs or are not emotionally equipped with person stamina and a good support system of friends and professionals who are NPD savvy, learn to live with the chaos and ongoing personal attacks.

On the other hand,  if litigation is not an option for you there is some good news. In my experience, when  left alone, NPDs eventually tire of parenting since there is nothing in it for them. NPD men do rapidly move on to the “next, younger, hotter model” and if they are not reminded of their children, most fade into the distance leaving their children not only emotionally but also physically fatherless.  Under the circumstances, perhaps the best of all the bad alternatives...

Friday, August 30, 2013

10 Barriers to Settlement in Mediation or Litigation of Family Law cases

A compromise is the art of dividing a cake in such a way that everyone believes he has the biggest piece.
  - Ludwig Erhard

[Erhard is a cynic, and I think he's wrong. You get what you expect.   KK]

Recently, I had the privilege of talking with two warriors on the front lines of family conflict: a marriage and family pastor at Gateway Church in Frisco, and Kevin Fuller, Board Certified Family Law attorney, talented mediator, and highly regarded advocate for collaborative divorce in Dallas. Both expressed the recognition of the same problem: growing numbers of people, who reluctantly divorce, don't want to engage in high-conflict traditional litigation, nor try the new-fangled collaborative divorce, even with its promise of "no going to court". Both of these men recognized the need for mediation before lawyers get involved, and Fuller has begun to offer "parties only" mediation to some of his inquiring clients. We all agreed that there is a need for a way to resolve, not exacerbate, family disputes and find workable solutions the issues inherent in dissolving a marriage without fracturing the family. 

Our discussions inevitably turned to the frustrations of trying to walk our clients through the process of divorce, property division, financial support for spouses and children, and conservatorship and visitation plans while the wounds of divorce are still bleeding. These conversations prompted me to consider the barriers to reaching agreements in these very trying circumstances. 

Here's my "Top 10 List of Barriers to Reaching Agreement":

1, Lack of a shared vision for the future. Most people have not considered, and find it hard to consider, what their lives will look like after smoke clears and to develop a reasonable plan to make it happen. Couple with children need to have a shared vision for the future of their children and their mutual part in that future, so that they can work TOGETHER to make it happen. Without that shared vision, self protection and "me-first" drive the problem solving process into a ditch.

2. Anger and the desire to retaliate. The most prominent anchor to the past is anger and retaliation. As one recently collaboratively divorced client put it "You have to give up the hope for a better past". While anger and hurt and the desire for revenge is understandable, when it persists, at high levels, it becomes a barrier to solving problems and reaching agreements.

3. John Gottman's divorce research identified "personal attacks on the character" of the spouse as one factor predicting inevitable divorce. Once the decision to divorce as been made and the legal process started, those same personal attacks can de-rail progress toward resolution. Legal process doesn't mitigate those attacks, generally the increased stress raises the frequency and intensity of those attacks.

4. Another anchor in the past which interferes with problem solving in the present and a plan for the future is un-forgiveness. No person gets to the decision that divorce is the best option without hurting their spouse in some way, and no spouse can reasonably claim that they have no responsibility for the relationship failing. Multitudes of sages have written that holding a grudge poisons the person who hangs on to the offense, and it frequently interferes with logical decision making in divorce negotiations.

5. Fear and anxiety can seriously impair logical thinking and rational planning. Some people who are mildly anxious before divorce begins become panic stricken during the process. Fearful spouses develop new fears during this period. The catastrophic thinking that may accompany these fears and anxieties can so restrict the perceptions of people that they literally see the world through a straw, as their brain literally narrows its focus to try to protect them against information overload. When you can only see one option, and it looks like doomsday, compromise is impossible.

6. Empathy failures and contempt. Contempt is another one of Gottman's factors that predict divorce. The inability to put oneself in the other person's shoes, difficult for many in the best of times, frequently disappears during the pain of divorce. If contempt (the opposite of empathy) was present before and contributed to the breakup, the eye rolling and mocking is only exaggerated during divorce. It's hard to give in and work with someone whom you don't respect and don't value at all. New research suggest that narcissists, who are prone to contempt of their partners during divorce, have the ability to turn empathy off and on; just reminding them to turn it on is sometimes enough too get a change of attitude and behavior that can lead to resolution.

7. Lack of expressed gratitude for the other spouse's contributions to the marriage relationship. 70-80 per cent of divorces occur in low conflict couples, and the spouse report that they just "drifted apart" and the marriage "died". This decreasing intimacy also reflects another of Gottman's findings; in failing marriages the ratio of positive to negative interactions falls to a ratio of 1 to 1. (In healthy relationships, the ratio is 20 to 1). In order to rebuild a "devitalized" relationship enough to work together to end it, both parties need to be able to express genuine appreciation for the real, positive contributions of their soon to be former spouse.

8. Failure to take any personal responsibility for the current difficulties that are interfering with reaching a resolution. Once again, since productive problem solving requires a focus on the present and the future, when any these emotional barriers to agreement that I have enumerated arise (and nearly all of them do at some point), further progress is stymied unless BOTH parties can acknowledge their own (not their partner's) challenges and struggles. 

9. Hopelessness and depression can make a good resolution appear to be impossible. Feelings of despair, sadness, and even symptoms of depression do occur with regularity during the process of divorcing. For most people, either because of effective treatment or just emotional resilience, these symptoms are not debilitating. However, for a significant minority of divorcing women AND men, depression and the hopeless outlook that goes with it, can interfere with rational thinking and problem solving. Fortunately, current treatments are more than 85% effective in alleviating depression.

10. Kevin Fuller helped me with this last category of barriers to successful agreement, and I have labeled it "cognitive impairments". This category of extremely challenging behaviors includes untreated substance abuse and it's accompanying cognitive disabilities, untreated serious and persistent mental illness (bipolar disorder, schizophrenia) and the thinking difficulties that are inherent to those illnesses, and untreated personality disorders like anti-social personality disorder (the "just plain mean and disagreeable" folks) and the borderline personality sufferers who are stuck in rigid "black and white" thinking patterns. 

The good news is that NONE of these barriers to successful resolution are insurmountable, and there are strategies and tools for removing them or working around them to reach a mutually satisfactory settlement agreement. The bad news is: it takes time, skills, and patience. More about that in the next post.

And no, Mr. Erhard, you don't have to manipulate people into believing that they "got the biggest piece of the cake". In fact, real agreements are the opposite of that cynical view of settlement--a fully informed, mutually agreed upon plan for the present and the future that both parties embrace, because they made it happen themselves. As my contracts prof used to say "a true meeting of the minds".

Wednesday, November 28, 2012

Maximizing Christmas Joy: Tips and Tools for the Holiday Visitation

As the Christmas holiday approaches, most divorced families with kids will share   visitation time with the "ex". Here are a few suggestions to make that potentially awkward or even conflicted time turn out better for both the adults and the kids.

1. Confirm the time, place, and arrangements for the exchange in advance. By email. Get all the details straightened out far in advance, and then let the kids know what they are. Put it on the calendar or refrigerator or wherever you post important stuff.

2. Buy the other parent a Christmas present. A small but thoughtful gift. No snarky gifts with emotional bombshells attached. A nice gift. If you can't forgive your spouse and teach your kids to be kind and thoughtful givers, who will?

3. Be especially considerate about time. Be on time for the exchange. Make sure the kids get advance warning, and count down the time till the exchange so they are not surprised. Don't let the kids use Christmas as an excuse to generate conflict by being late--be on time, be polite, be considerate. Teach your children to do the same by following your example.

4. Let the kids take their new presents to the other parent's house. Kids will be excited about one or more of their new gifts and want to take it with them. Let them. Make sure they get back where they belong, by informing the other parent what they brought (by email if you can't talk politely).

5. Avoid the long good-bye and the "I will miss you so much over the holidays" tearful send-offs at the exchange. Make it fun, upbeat, and short. If you treat this as a normal event, so will your kids, and everyone will have a nicer holiday visit.

6. Use the time without the kids to take care of yourself. Read a book, go to the spa, go to dinner with friends, stay busy. Enjoy the holidays yourself so you will have stories to tell the kids when they get home and tell you theirs.

7. Make NO comments about how much the other parent spent (or didn't) on presents. Focus on teaching your kids to be grateful for whatever they got--it's a great opportunity to teach kids the value of family and relationships and to de-emphasize money and stuff.

8. Show modest interest in the family drama at the other parent's house. Listen, but don't interrogate. As someone recently said, "Every family has at least one crazy person in it. If you can't identify who that is, it's you!". Holidays mean that old family issues are re-played in virtually every family, including yours. Don't get overly involved in those dramas at the other parent's house. Teach your kids that everyone has their stuff, and teach them how to deal with it productively. In other words, model tolerance and understanding.

Have a very Merry Christmas (or Happy Holidays).


Wednesday, November 07, 2012

Tools: Communicating with your spouse during and after the divorce [an excerpt from Your Best Divorce Now!]


TOOLS: COMMUNICATING WITH YOUR SPOUSE DURING AND AFTER THE DIVORCE

“Good communication does not mean that you have to speak in perfectly formed sentences and paragraphs. It isn't about slickness. Simple and clear go a long way". John Kotter

Once the two of you decide to divorce, there will come a very uncomfortable period when you are still living in the same place, and if you have children, that discomfort could go on for years as you co-parent. Regardless of your unique circumstances, the divorce process, with or without children, requires periods of intensive communication to complete the divorce. A few people figure out how to communicate with their soon to be ex-spouse under the new circumstances and manage it well. Most don’t.

Here are my suggestions for how to do it with the least stress:

1. If you can still communicate face to face, stay on task, and NOT have a “Xerox conversation” (an identical repetition of a argument you two have had 100 times before), then sit down over the kitchen table and have a meeting with an agenda (written, but no more than 3-4 items per meeting) is the way to go.

2. Schedule the meeting at a mutually agreeable time, preferably NOT too late at night when you are both too tired to stay in control and solve problems.

3. Write down the agreement you reach for each item and sign it; give each spouse a copy.

4. If face to face meetings don’t work because the level of hurt and anger are too high, then choose the channel of communication LEAST likely to lead to escalation and MOST likely to lead to solution or agreement.

This is my ranking of channels, from LEAST likely to escalate to MOST likely to escalate into an argument:

• Letter writing (Least likely to escalate)
• Email
• Texting
• Phone calls--scheduled ahead of time with an agenda
• Face to face with a counselor or parenting coordinator/facilitator
• Face to face meetings in a public place--scheduled with an agenda
• Face to face in private with a friend present--scheduled, with agenda
• Skype or Face-Time--scheduled, with agenda
• Spontaneous, unscheduled phone calls
• Face to face alone; no agenda (Most likely to escalate)

5. If you are already in the “can’t talk without arguing phase” of your divorce, then start with “letter writing” and work your way DOWN the list above until you find a channel that works for the two of you.

The challenge with letters, email, and text is that all the emotional content is removed, making communication harder and misunderstanding more likely. The benefit of these more impersonal channels of communication is that these same channels remove the “triggers” which re-ignite old arguments because usually the triggers are facial expressions and tone of voice that are signals of criticism, defensiveness, or contempt.

When children are involved, use email and text to set up or change visitation arrangements and to share information about the kids. Keep your face-to-face interactions at the door during exchanges of visitation:



  •  Brief, 
  • Informative, 
  • Firm, and 
  • Friendly (remember the acronym BIFF).


This BIFF strategy also applies to texts and emails you send to the other parent. Protect your kids from seeing more of the conflict and start a new pattern of civil, friendly, cooperation and co-parenting for THEIR benefit. (Special thanks to Bill Eddy for the BIFF strategy.)

Even after the legal divorce is completed, you will still have occasions when you must communicate. Use the channel that works best for both of you.

[A note NOT included in the book]

There is a pattern among couples who are NOT really emotionally untangled that includes multiple emails or phone calls from one spouse (or ex-spouse) to the other about a myriad of issues, usually kids or money. The harassing spouse makes each issue sound like an emergency and demands (or expects) an immediate response, and if that is not forthcoming, adds that failure to respond to list of complaints in the next email or call.


There is a solution:

1. If you know the kids are safe, check voicemail and email from your ex ONE time per day.

2. Go through them all at one time, the same time every day, and if a response is needed to solve a problem THAT DAY, then answer THAT question. Ignore everything else in the messages--do NOT respond.

3. Do the same thing, every day, at the same time, and teach your ex to expect a response at that time of the day, and no other. (Don't bother to try to explain or get agreement on this, just start doing it and keep doing it.)

4. Eventually the calls/emails will taper off because if you don't respond, there is  no emotional payoff for them to continue to harass you. You MUST stick to this strategy forever for it to work. If you slip up and respond immediately to one message, the pattern will return and you will have to start over. So be vigilant, and stick to your guns.

This strategy of managing your communication will not only make your own life easier and less stressful, it will be another step in disengaging from a pattern that hurts both you and your children by maintaining the ongoing conflict at a high level. It takes both parents to truly end this destructive pattern, but one parent can wind it down by following these steps and sticking to it.


EX

Monday, October 29, 2012

Communicating with your Spouse During and After Divorce: An excerpt from my book

“Good communication does not mean that you have to speak in perfectly formed sentences and paragraphs. It isn't about slickness. Simple and clear go a long way.  John Kotter

[The following is Chapter 20 of my latest book "Your Best Divorce Now: Tips and Tools Before, During, and After"-KK]

Once the two of you decide to divorce, there will come a very uncomfortable period when you are still living in the same place, and if you have children, that discomfort could go on for years as you co-parent. Regardless of your unique circumstances, the divorce process, with or without children, requires periods of intensive communication to complete the divorce. A few people figure out how to communicate with their soon to be ex-spouse under the new circumstances and manage it well. Most don’t.

Here are my suggestions for how to do it with the least stress:

1. If you can still communicate face to face, stay on task, and NOT have a “Xerox conversation” (an identical repetition of an argument you two have had 100 times before), then sit down over the kitchen table and have a meeting with an agenda (written, but no more than 3-4 items per meeting) is the way to go.

2. Schedule the meeting at a mutually agreeable time, preferably NOT too late at night when you are both too tired to stay in control and solve problems.

3. Write down the agreement you reach for each item and sign it; give each spouse a copy.

4. If face to face meetings don’t work because the level of hurt and anger are too high, then choose the channel of communication LEAST likely to lead to escalation and MOST likely to lead to solution or agreement. This is my ranking of channels, from LEAST likely to escalate to MOST likely to escalate into an argument:

• Letter writing (Least likely to escalate)
• Email
• Texting
• Phone calls--scheduled ahead of time with an agenda
• Face to face with a counselor or parenting coordinator/facilitator
• Face to face meetings in a public place--scheduled with an agenda
• Face to face in private with a friend present--scheduled, with agenda
• Skype or Face-Time--scheduled, with agenda
• Spontaneous, unscheduled phone calls
• Face to face alone; no agenda (Most likely to escalate)

5. If you are already in the “can’t talk without arguing phase” of your divorce, then start with “letter writing” and work your way DOWN the list above until you find a channel that works for the two of you.

The challenge with letters, email, and text is that all the emotional content is removed, making communication harder and misunderstanding more likely. The benefit of these more impersonal channels of communication is that these same channels remove the “triggers” which re-ignite old arguments because usually the triggers are facial expressions and tone of voice that are signals of criticism, defensiveness, or contempt.

When children are involved, use email and text to set up or change visitation arrangements and to share information about the kids. Keep your face-to-face interactions at the door during exchanges of visitation Brief, Informative, Firm, and Friendly (remember the acronym BIFF).

This BIFF strategy also applies to texts and emails you send to the other parent. Protect your kids from seeing more of the conflict and start a new pattern of civil, friendly, cooperation and co-parenting for THEIR benefit. (Special thanks to Bill Eddy for the BIFF strategy.)

Even after the legal divorce is completed, you will still have occasions when you must communicate. Use the channel that works best for both of you.

My book "Your Best Divorce Now: Tips and Tools Before, During, and After" is now available on Amazon and as a Kindle e-book here:
http://preview.tinyurl.com/6llezrm