reading

Publisher’s Note

This publication is designed to provide accurate and authoritative information about the subject matters covered. It is sold with the understanding that neither the author nor the publisher are rendering legal, mental health, medical, or other professional services, either directly or indirectly. If expert assistance, legal services, or counseling is needed, the services of a competent professional should be sought. Neither the author nor the publisher shall be liable or responsible for any loss or damage allegedly arising as a consequence of your use or application of any information or suggestions in this book.

Unhooked Books, LLC

7701 E. Indian School Rd., Ste. F

Scottsdale, AZ 85251

www.unhookedbooks.com

ISBN: 978-1950057948

e-ISBN: 978-1950057153

Library of Congress Control Number: 2019941131

No part of this book may be reproduced, transmitted, downloaded, scanned, decompiled, reverse engineered, or stored in or introduced into any information storage and retrieval system, or distributed in any printed or electronic form or by any means, whether electronic or mechanical, now known or hereinafter invented, without the express written permission of the publisher. Failure to comply with these terms may expose you to legal action and damages for copyright infringement.

Names and identifying information of private individuals have been changed to preserve anonymity.

Cover design by Julian Leon, The Missive

Interior layout by Elle Phillips

Printed in the United States of America

Other Books by Bill Eddy

5 Types of People Who Can Ruin Your Life

BIFF: Quick Responses to High Conflict People, Their Personal Attacks, Hostile Email, and Social Media Meltdowns

BIFF at Work

BIFF for Co-Parents

Dating Radar

It’s All Your Fault at Work! Managing Narcissists and Other High Conflict People

It’s All Your Fault! 12 Tips for Managing People Who Blame Others for Everything

New Ways™ Series

New Ways for Families

New Ways for Life

New Ways for Mediation

New Ways for Work

High Conflict People in Legal Disputes

Managing High Conflict People in Court

Splitting: Protecting Yourself While Divorcing Someone with Borderline or Narcissistic Personality Disorder

So, What’s Your Proposal? Shifting High Conflict People from Blaming to Problem-Solving in 30 Seconds

Splitting America

The Future of Family Court

Why We Elect Narcissists and Sociopaths and How We Can Stop

Dedicated to my parents,

C. Roland Eddy, Margaret Eddy, and Helen Eddy

who taught me flexible thinking, managed emotions,

moderate behavior and checking myself rather than blaming others.

TABLE OF CONTENTS

Foreword

PART I: Building a Wall (What to Avoid)

Chapter 1: Alienation: What It Is. What It Isn’t.

Chapter 2: High-Conflict Divorce

Chapter 3: Child Alienation and the Courts

Chapter 4: 1000 Little Bricks

Chapter 5: Emotions are Contagious

Chapter 6: All-or-Nothing Thinking

Chapter 7: Mirroring Bad Behavior

PART II: Building a Foundation (What to Do)

Chapter 8: Teaching Resilience

Chapter 9: The Four Big Skills

Chapter 10: Reasonable Parent’s Dilemma

Chapter 11: How Family and Friends Can Help

Chapter 12: How Lawyers Can Help

Chapter 13: How Counselors Can Help

Chapter 14: New Ways for Families®

Chapter 15: The Future of Family Courts

Conclusion: Skills Not Blame

Appendix

Appendix A: Before You Go To Family Court

Appendix B: Yes, No or I’ll Think About It

Appendix C: Is Your Child Alienated?

Appendix D: Don’t Use “Force”

Appendix E: Evaluating Sexual Abuse Reports in Family Court

Appendix F: New Ways Parent-Child Talk

References

Acknowledgements

About the Author

About HCI

About New Ways for Families®

A NOTE OF CAUTION TO THE READER

This book addresses issues of High Conflict People and their high-conflict personalities. Knowledge is power. The information I provide is intended to help you be more successful in your interactions with people as an individual or as a professional.

However, this personality information can also be misused and can inadvertently make your life more difficult. Therefore, I caution you not to openly label people in your life, nor to use this information as a weapon in personal relationships. Before you go further, I ask that you make a commitment to use this information with caution, compassion, and respect.

My explanations and tips address general patterns of behavior and may not apply to your specific situation. You are advised to seek the advice of a therapist, an attorney, or other conflict resolution professional in handling any dispute.

The author and the publisher are not responsible for any decisions or actions you take as a result of reading this book.

Bill Eddy

FOREWORD

When I met lawyer, therapist and mediator Bill Eddy several years ago, I discovered we were comrades at heart. I had co-authored Stop Walking on Eggshells and the Stop Walking on Eggshells workbook about borderline personality disorder, and he had written High Conflict People in Legal Disputes for legal professionals. It was so validating to meet someone else with the same mission: develop innovative ways to help people understand personality disorders and develop skills for dealing with these high conflict personalities.

Knowing how desperately divorcing people needed Bill’s information, I first published his book Splitting: Protecting Yourself While Divorcing Someone with Borderline or Narcissistic Personality Disorder, which was then published by New Harbinger Publications in 2011. Splitting was so successful we followed it up with a CD companion to Splitting; we also collaborated on several teleseminars about relationships with borderlines and narcissists.

Now Bill has written another exceptional book, Don’t Alienate the Kids! He addresses the concerns of parents and professionals dealing with a difficult or “high-conflict” parent in divorce. For parents, this book gives a foundation for assisting a child during the divorce process – or at any time – without getting emotionally “hooked” by a high-conflict parent, whether or not they have a personality disorder. His information and tips can help any parent at any time.

Frequently, professionals involved with divorce decisions improperly become embroiled in the conflict between the parents, which can sway their judgment about what’s best for the children. Bill offers professionals guidelines on how to make these decisions with compassion and understanding. His new approach may, at first, be surprising. Once professionals understand that high conflict individuals require a different mindset, they realize the wisdom of Bill’s approach.

As a former therapist and mediator with an interest in high conflict personalities, Bill is probably the most qualified expert in the world to write about this topic. He knows how bad it can get on the front lines of modern divorce in family court, and how families can become endlessly split over their children. He writes about these issues with expertise and sensitivity, with tips for everyone, from parents, family members and friends, to counselors, lawyers and judges.

This book takes a giant step in its effort to calm the conflict over child alienation. His “1000 Little Bricks” approach gives hope and really spells out what parents and professionals can do to help the kids build a Foundation of Resilience, even during a divorce, for everyone’s benefit in the future. The ideas in this book may change how people get divorced for years to come.

Randi Kreger

Co-Author of Stop Walking on Eggshells: Taking Your Life Back When Someone You Care About Has Borderline Personality Disorder

Author of The Essential Family Guide to Borderline Personality Disorder: New Tools and Techniques to Stop Walking on Eggshells

Author of The Stop Walking on Eggshells Workbook: Practical Strategies for Living With Someone Who Has Borderline Personality Disorder

PART I

Building a Wall

(What to Avoid)

Suppose when parents separate or divorce, they are given a pile of 1000 little bricks. They can use these bricks to build a wall against the other parent, or they can use these bricks to build a foundation of resilience for their child. When they build a wall, the bricks they use are blaming others, all-or-nothing thinking, unmanaged emotions and extreme behaviors. When they build a foundation of resilience, the bricks they use become checking oneself, flexible thinking, managed emotions and moderate behaviors. There are many people today (family, friends and professionals) who will help parents build a wall or a foundation. The problem is that we often don’t realize whether we’re building a wall or a foundation. We have to become informed and self-aware.

CHAPTER 1

ALIENATION: What it is. What it isn’t.

The first half of this book explains the problem of child alienation: when a child resists or refuses to see a parent during or after a separation or divorce. The second half teaches how to avoid alienation: ways to parent a child to be resilient in today’s world even during these family changes and to avoid high-conflict divorce.

Since I wrote the first edition of this book in 2010, nothing major has changed about the problem of alienation. More children than ever are resisting or refusing to see one of their parents after a separation or divorce. Many parents and professionals still believe this is primarily a problem of intentional behavior by one parent against the other, or—at the opposite extreme—that alienation doesn’t exist. But, as I will explain throughout this book, it really is about the mostly unconscious emotional repetition in isolation of pained facial expressions, angry outbursts, tears, side comments, and blurring of emotional boundaries between one or both parents and the child. A significant amount of time in family courts around the world is spent arguing over which parent is knowingly at fault without understanding the real underlying problem and without finding helpful solutions—while the child becomes more and more resistant.

Yet a lot has been learned over the past ten years that has significantly improved the situation for some children and families. There is great potential for the future for those who understand what is really happening and take reasonable steps to prevent this emotional repetition in isolation and to overcome the alienation. In this second edition, I will explain my understanding of this problem and its solutions, after nearly forty years of addressing it first as a therapist and then as a family lawyer, and now as one who trains judges, lawyers, counselors and mediators in managing high-conflict cases.

What It Is

We need to start by looking at what alienation really is.

•It’s the resistance or refusal of a child to spend time with one of their parents (the “rejected parent”) during and after a separation or divorce.

•The child reports intense fear, anger and/or hatred for the other parent, sometimes including that parent’s parents, new partner, house and even pet(s).

•There is no good reason given for the child’s resistance or refusal. Typically, the child reports disproportionate reasons, such as disliking how one parent wears their hair or how another parent is no good at math. They may report fears of abuse when there is no history of abuse, or anger that the separation or divorce is all one parent’s fault.

•Alienation tends to grow as some parents are unable to manage their emotions and get more and more angry and upset during the separation and divorce process. It especially grows when the family is repeatedly involved with family court hearings and multiple professionals without a clear resolution to the case.

•It’s a very emotional process. One or both parents usually demonstrates intense fear, anxiety, sadness, anger and/or hatred for the other parent, primarily when they are alone with the child. This emotional repetition in isolation exposes the child to an intolerable amount of emotional pain, so that the child unconsciously totally absorbs the emotions of one parent and totally avoids the other as the only way to cope.

•Often one or more professionals (lawyers, judges, counselors and others) join in the emotions of the family, with intense anger at or dislike of one or both parents. This makes the problem worse, not better, as the emotional intensity surrounding the child increases.

•This is a family systems problem, which means that everyone in the family (and those close to the family) reinforces the problem and therefore needs to be part of any solutions. This includes both parents and may also include grandparents, new partners and others.

•Alienation is associated with separation or divorce, however it sometimes happens within intact families that have similar family dynamics, so that the child refuses to have a meaningful relationship with one parent and favors the other.

What It Isn’t

•It’s not a gender issue. Children can become alienated against either a father or a mother. I have represented and consulted with many alienated parents of both genders.

•It’s not normal. It’s not a common symptom of divorce. Only about 15% of children become alienated from a parent during and after the separation and divorce process. Of course, many more children show signs of resistance at times during their own child development, but it does not develop into a significant pattern of refusal of all contact with one parent.

•It’s not a common symptom of abuse. Most children who have been abused or have had domestic violence in their home do not reject the abusive parent. They just desperately want the abuse to stop.

•It’s not the same as “realistic estrangement,” which sometimes occurs when there has been child abuse or very negative parenting by the rejected parent, and the child’s resistance is considered proportional to their own real-life experience.

•It’s not because the child always had a bad relationship with the rejected parent. In most cases, the rejected parent had a strong and loving relationship with the child before the separation or when extremely emotional conflicts began.

•It’s not about who has primary custody or parenting time with the child. I have had some cases in which the parent with the majority of the time became the rejected parent, because of the constant negative comments and unmanaged emotions of the “non-custodial” parent during their time with the child.

•It isn’t because of one event or one statement by one parent. It’s numerous statements, events and emotions around the child that build this wall—a “thousand little bricks.”

•It’s not a problem that can be solved through individual child counseling, nor through “reunification” or “reconnection” counseling that only involves the child and the rejected parent. The whole family must be involved for alienation to be successfully addressed and resolved.

•It isn’t hopeless. Many children and rejected parents have re-established a good relationship (often quite quickly) through intensive counseling and/or activity programs together. However, sustaining this reunification can be difficult if the family system dynamics remain basically the same. When the whole family is involved in changing behavior in the same direction, then lasting improvement is possible.

Learning About Family Systems

In 1980, when I was being trained as a child and family therapist, I learned that families are like a system – like the solar system – in which everyone has a pull on everyone else. Each family’s “system” of relating is influenced and maintained by everyone in the family – but in different ways. Usually, everyone in the family system is blind to their own role in reinforcing problems and blind to their potential role in solving problems.

My job as a family therapist was to help enough members of the family system to shift their behavior, to change the whole family for the better – especially for the benefit of the children. That was the only way that family problems could really be improved. No one person could really change, unless most in the family changed. Children’s behavior was often the result of unresolved issues between the parents. This was rarely obvious on the surface.

I learned that other family members (grandparents, aunts and uncles, etc.) were hidden parts of the family system as well, and could have a powerful influence over the problems on the surface. And, of course, therapists, teachers and others involved with a family also became part of the family system. Everyone reinforced the problems (in hidden ways), so they needed to reinforce the solutions.

Learning About Divorce Disputes

When I became a family lawyer in the 1990’s, I found that my counseling background was really helpful in my law practice, as many cases involved mental health problems, such as substance abuse, child abuse, domestic violence, alienation and personality disorders.

When I first heard of Parental Alienation Syndrome, the battle over abuse versus alienation was a surprise to me. (“The father’s an abuser.” “No, the mother’s an alienator.”) Because of my background, I could see that parents and professionals in the family court system misunderstood a lot about children and abuse. Because of my training in family systems, I knew that families weren’t as simple as “the abuser” versus “the alienator.”

However, as I practiced family law, it became clearer to me that parents are not usually equal when there is abuse in a family – more often only one parent is an offender and the other is not. Some divorcing parents had high-conflict personalities (which I will explain in Chapter 2), while others did not. From my experience and my surveys of family law professionals at my seminars, I believe that approximately half of high-conflict families have only one parent with a high-conflict personality who is driving the dispute, while the other parent is mostly acting reasonably and just trying to protect the children from the high-conflict parent. However, because families operate as a system, everyone adapts and reinforces problems in hidden little ways.

Even reasonable people over-react and reinforce problems. I represented mothers and fathers about equally. I realized that my clients who were the rejected parent were in a real bind. When they were understandably angry toward the other parent or the child, they often made things worse. While they usually weren’t the cause of the alienation, they reinforced the alienation without realizing it.

When they did nothing and cooperated with the child’s rejection (“if you really want me to stop seeing you, I’ll stop”), nothing ever got better. When they supported their child going to individual counseling, the alienation continued. When they went to “reunification” counseling with their child, the alienation continued. As the rejected parent, they were blamed for all of these failures. Yet everyone in the family system seemed to reinforce these problems.

Even my clients who were the favored parents didn’t really win. They were also very frustrated, defensive and at times depressed. Early in my legal career, I remember one judge railing at me about my client, the mother, after the child said she didn’t want to see her father: “Mr. Eddy, I know what your client is doing. She’s telling the child negative things about her father to alienate the child.”

I responded: “Your honor, my client is trying to be very careful not to say anything to the child against her father. Since she was criticized for discussing the case with the child in court before, she has been very careful not to say anything negative.”

And I believe she was being very careful about what she said around her daughter. But she was also a very anxious parent. Since the father was very angry with her, her anxiety and his anger fed each other and just went around in circles of blame. The child couldn’t help but absorb the mother’s anxiety and the father’s anger. So the alienation didn’t change. And the judge gave up. While my client was favored by the child, everyone else (the father, the father’s attorney, and the judge) blamed her for being a despicable person—along with her lawyer, me. I was still learning. I wish I knew then what I know now about what can help these families.

Professionals in the Family System

I started realizing that the problem was bigger than just the parents. Lawyers sometimes contributed to the problem. They made extreme and emotional arguments in court that devastated one or the other parent. As a lawyer, I learned early on (after temporarily losing a custody battle), that I couldn’t just say that my client was doing a good job. I had to attack the other parent as doing a horrible job. I learned that’s what worked in the adversarial process of custody battles.

Judges sometimes contributed with their anger at the parents and made extreme orders in an effort to gain control – such as supervised visitation or no contact – while an investigation labored on for weeks or months, to see if allegations of abuse were really true. They criticized one or both parents. They tried having long hearings. They tried having short hearings. They tried ordering counseling, ordering lawyers for the children, guardians ad litem, parenting coordinators, psychological evaluations. They made threats. They fulfilled threats. But children remained alienated or became even more alienated.

Even counselors seemed to contribute to the problem at times. Each parent’s counselor would report that his or her client was really great and had no problems to work on. For example:

The mother’s therapist: “The father just doesn’t understand how hurtful he has been to the child. The mother is merely trying to protect the child from his negative behavior and poor judgment. She is doing a good job.”

The father’s therapist: “The father has a lot of insight into himself and frankly I can see no behavior on his part that is causing the child to resist seeing him.”

Then, of course, individual child therapists are often ordered for the child in these alienation cases. Everyone hopes or expects that the individual child therapist will be able to turn the child’s attitude around, then the child and the rejected parent will reconcile. Sometimes, these individual child therapists work valiantly to be supportive of both parent’s relationships with the child, but the child feels alienated from the therapist for not taking sides. And sometimes they succumb to agreeing with the child’s rejection of one parent. They agree that the child is estranged from that parent, and that this is a reasonable position for the child to take.

For example:

“The boy is so angry with his mother that I wouldn’t even recommend a joint session with the mother yet. The boy needs to stop being so angry at what she has done first. She should work on herself to be more accepting of his negative feedback about her new relationship.” She worked on herself, but the boy never stopped being angry with her, so nothing ever changed and the boy stopped seeing her. It wasn’t handled as a family systems problem including the father.

In another case, the therapist said: “The daughter despises her father. He is an embarrassment to her. She doesn’t want him coming to her school. She feels he does not respect her. If he respected her, he would stay away until she feels more comfortable with him.” That didn’t solve the problem either. She refused to see him even after he stayed away for months, then years.

1000 Little Bricks

Out of all of these experiences, plus a lot of reading, attending seminars and having sometimes heated discussions, I came to the conclusion that no one parent or single professional can solve this problem. I realized that the wall between a child and one parent is not built by just one parent or just one event or one disparaging remark. This wall is built with at least 1000 little bricks, which have come from a “perfect storm” of three Cultures of Blame:

1.The family’s Culture of Blame when a high-conflict parent is involved.

2.The family court Culture of Blame when one or more professionals get emotionally “hooked.”

3.Our society’s rapidly escalating Culture of Blame, which contributes to alienation and also affects children’s personality development.

These three Cultures of Blame repeatedly teach children four bad ways of relating to people, which they absorb without even realizing it:

Blaming Others

All-or-nothing thinking

Unmanaged emotions

Extreme behaviors

I think of these four bad ways of relating as little bricks which add up over the weeks, months and years, to create and reinforce alienation in close relationships for many children in divorce. When children are exposed to enough of these bad ways (bricks), their unconscious solution to the family conflict is to absorb an all-or-nothing view of each parent – one is “all-good” and one is “all-bad.” They express their feelings about this with great intensity and often have uncontrollable outbursts against their rejected parent.

As these extreme behaviors become normal, the parents become more likely to yell at each other in front of the children at parenting exchanges and other times. Lawyers often argue for increasingly extreme measures at court (no contact for one or the other parent). And judges become more and more frustrated, and deliver more and more intense lectures to the parents. Counselors for the rejected parent may say the rejected parent should just back off.

While all of these responses are usually based on sincere desires to make the situation better, they all tend to add more bricks to the wall between the child and the rejected parent.

Hope

Despite all of this, I have hope! I believe we have the knowledge and potential to turn the corner and change these Cultures of Blame into Cultures of Learning Skills. We just need enough reasonable people to learn the skills – and teach them to the kids. I call the essential skills the Four Big Skills for Life. They can (and should) be taught and practiced by everyone involved: both parents, professionals and others.

The Four Big Skills for Life

Flexible Thinking

Managed Emotions

Moderate Behaviors

Checking Yourself

These are the skills for handling a rapidly changing world and an unknown future. They are the key skills for close relationships, decision-making and leadership. Children who learn these skills will have unlimited potential, because they will be able to handle problems without becoming overwhelmed or distracted by blaming others. The children who learn these skills will be the problem-solvers of the future.

So how do we do this? First, we all need to really understand that the problem isn’t about bad parents, but about bad behaviors and unmanaged emtions – many people’s bad behaviors and unmanaged emotions. Then, all of us need to be involved in working on the solution. No one person – parent or professional – can prevent or repair alienation alone. It has to be a change in these cultures of blame surrounding the child.

What really give me hope are three new developments:

1.Abusive cultures can change. For example, a comprehensive study by the U. S. federal government showed that child abuse reduced between 1993 and 2006 at a rate of 23% for physical abuse, 33% for emotional abuse and 44% for sexual abuse. Unfortunately, the economic downturn of 2008 brought an increased incidence of child abuse again – but we now know that we have the ability to make a large scale change for the benefit of children when enough people work at it.

2.Brain research has made new discoveries about how children learn. In this book, I will explain some discoveries which can be used to help parents help their children develop skills for resilience, rather than alienation.

3.Cognitive-behavioral therapy (CBT) methods are having success in changing people’s behavior. Even some people with personality disorders can change behavior, by learning small skills in small steps with lots of structure and encouragement. Personality disorders are rigid patterns of distressful thinking, unmanaged emotions and behavior problems dating usually from childhood. (There are examples in Chapter 2.) Some no longer have a personality disorder after learning these skills over a period of a few years.

By recognizing that many people going through the legal system have these disorders, courts can require efforts to learn skills, rather than focusing on shame and blame. By recognizing these disorders, courts can become more effective at understanding who can change and who can’t, which is essential in the protection of children.

For these reasons, I have hope. But as I will explain in this book, it is urgent that we work together to help children learn these skills now. The future of our society may depend on it.

If You Are a Reasonable Parent

If you are a reasonable parent going through a separation or divorce, or are considering separating, this book is designed to help you avoid experiencing a high-conflict divorce. Even if neither of you is a high-conflict parent, the actions you take and the ways you deal with your children can unintentionally teach them high-conflict behaviors which can become part of their personality development for a lifetime.

If you are a reasonable parent who is separating from or divorcing a co-parent with a high-conflict personality, you need to be careful not to fall into some very common traps. When a co-parent is violent, makes false statements, or otherwise engages in extreme behavior, it’s easy to over-react or under-respond. Instead, you often need to do the opposite of what you feel like doing.

In this book, I will explain ways of dealing with a high-conflict co-parent while teaching your child resilience at the same time. Remember, actions usually speak louder than words.

If You Are a Divorce Professional

If you are an experienced divorce professional, you know how bitter high-conflict divorces can be. You also know how they can seriously impact the children. However, you also may have strong feelings about the two big theories of alienation: Child Abuse versus Parental Alienation Syndrome. I want to encourage you to have an open mind in regard to the information discussed in this book, which sheds new light on how we can handle alienation cases more successfully in the future.

If you are a new divorce professional, this book should help you avoid making some common mistakes – whether you are a lawyer, judge, therapist, mediator, collaborative professional, or other related professional. If you are a graduate student considering a career working with families of separation and divorce, you will have a clear advantage by being up to date on the science and legal issues presented here.

If you are an advocate for victims of child abuse or domestic violence, or an advocate fighting for victims of parental alienation, I encourage you to take a fresh look at what I explain in this book. You have made contributions in the past and can make more in the future. However, it is important that you are well-informed about alternate theories and can demonstrate that you have considered them in helping any particular parent or child. The most calm and knowledgeable advocates are the ones who are most credible in family courts and with parents – especially on the controversial subject of child alienation.

This Book

This book focuses on how you can help your child or children build resilience during a divorce. If you are looking for a book for yourself on navigating a complete divorce with a high-conflict co-parent, including strategies for court, you should see my related book: Splitting: Protecting Yourself While Divorcing Someone with Borderline or Narcissistic Personality Disorder, available anywhere books are sold.

Throughout this book I give lots of examples of alienating behavior, alienated children, and ways to teach skills of resilience. Most of these examples are based on real families, but details have been changed to protect confidentiality, and many individuals are a composite of several parents and children with similar problems. And, of course, some examples are from legal cases which are in the public record exactly as I have quoted them.

Now lets look at what’s really going on.

CHAPTER 2

High-Conflict Divorce

The couple had a vicious fight that resulted in the mother getting custody of their young daughter. They had continuing battles, as the child grew older until she ultimately reached the age of majority. The father, however, never got over his anger. When the daughter announced that she was going to get married, the father offered to not only pay for the wedding, but also to throw in an extra $10,000 to the daughter if she did not invite the mother. The daughter took the offer. (Borof, 2003, p. 17)

This example is typical of the fallout from a “high-conflict” divorce. Many sources agree that about a quarter of separations and divorces are high conflict. This means that one or both parties are stuck in fighting over something – usually the children – for years. There are repeated court hearings about extreme behaviors: substance abuse, child abuse, domestic violence, lying, hiding money, false allegations of abuse and parental alienation. There is lots of blame, without positive change. Families are caught in a spin cycle of high-conflict behavior.

In high-conflict divorce, emotions are high and often increase over time. For some parents, simmering anger turns into yelling rages at parenting exchanges, anger at family members, anger at professionals, and yelling or running out of court hearings. There’s angry emails, angry voicemails, taping phone conversations, videotaping “bad” behavior – even going on YouTube and the news to prove how bad the other parent is. Of course, these actions make things worse, not better.

These emotions are also contagious, as family members, professionals, news reporters, and even children get swept up in emotionally taking sides – bitterly questioning the intelligence, sanity, morality, ethics and competence of the other parent and professionals involved in the case.

Of course, you’ve known about high-conflict divorce for years. You probably thought it was just an unavoidable fact of modern life. But if you’re considering a separation or divorce, you probably think you are going to avoid this. I want to help you do that, but you need to have your eyes wide open to the many little ways that you can accidently create a high-conflict divorce.

Over the past twenty years, sources from the Wall Street Journal to family court judges say that high-conflict divorces have increased. Well-known family law researcher, Janet Johnston, and colleagues (2009) said:

About one fourth to one third of divorcing couples report high degrees of hostility and discord over the daily care of their children many years after separation... For about one tenth of all divorcing couples, the unremitting animosity will shadow the entire growing-up years of the children... [O]ver a span of two decades, more than five million children will be affected by ongoing parental conflict; for two million children, this condition may well be permanent. (p. 18)

The long-term effects of high-conflict divorce are becoming obvious when the children become adults. Suddenly, this isn’t just a problem we can ignore anymore while other families go through it. The children of high-conflict divorce are having problems that will eventually affect everyone. Something must be done, and it must be done soon.

High-Conflict Parents

High-conflict divorces are driven by one or two “high-conflict” parents. Over time, these often turn into cases with an alienated child – a child who intensely rejects one parent. The case at the beginning of this chapter is a perfect example of a parent using the four “bad” bricks or “wall” bricks of a high-conflict parent:

Blaming Others

All-or-Nothing Thinking

Unmanaged Emotions

Extreme Behavior

The father wanted the mother to be totally excluded from the wedding. He wasn’t willing to just avoid her at the wedding or briefly say hello. His solution was all-or-nothing: She will not participate – at all!

His anger was still so unmanaged that he couldn’t get over it years after the divorce. It drove his decision to exclude his ex-wife from the wedding. And his behavior was extreme. He offered his daughter $10,000 to keep the mother away.

Of course, we don’t know how the mother behaved over all of these years. Perhaps her actions were equally bad or worse after their separation or divorce. On the other hand, she may have been a reasonable parent just trying to protect her daughter from her ex-husband’s anger and high-conflict behavior.

From my experience over forty years with divorcing families, and from my surveys of divorce professionals, I would say that half to two-thirds of high-conflict divorces include one high-conflict parent with the above characteristics and one reasonable parent, who has been walking on eggshells for years.

Why Do People Act This Way?

Why would someone act so extremely? If someone is a high-conflict person (HCP), then he or she may have a personality disorder. If so, this means that they are stuck – that these characteristics are part of who they are. Personality disorders include:

1.Interpersonal dysfunction (frequent conflicts with those around them)

2.Lack of self-reflection

3.Lack of change

There are ten personality disorders in the manual used by therapists to diagnose mental health problems, based on many additional characteristic traits. I believe that about half of HCPs have a personality disorder and about half have some of these traits, but not a full personality disorder. This means that they are still high conflict, but may respond more easily to approaches designed for people with personality disorders.

It helps to understand some of these traits, but it is important not to tell someone you think they have a personality disorder. They may become very defensive and angry with you, as defensiveness is a common characteristic of those with personality disorders and those just with traits.

Personality disorders appear to be growing in our society. In the early 2000’s, the National Institutes of Health (NIH) sponsored a study which concluded that about 15% of the general population of the United States meets the criteria for a personality disorder. They broke down their results into age groups and gender. I will give the percentage results below, but it is important to know that there is a lot of overlap, as some people may have more than one such disorder.

The five personality patterns that most commonly appear in high-conflict divorces are the following, in my opinion. You can see why they constantly get into conflicts with those closest to them:

Borderline HCPs:	They have extreme mood swings - friendly and loving one minute and angry and blaming the next. They are preoccupied with fears of abandonment. When they feel abandoned (even if they aren’t), they can become enraged, vindictive, and sometimes violent. They can be highly manipulative – mostly to avoid abandonment or to punish someone who they feel abandoned them. Sometimes, they make false statements and spread rumors. They often “split” people into all-good or all-bad in their eyes. The NIH study said that 5.9% of the general population meets the criteria for borderline personality disorder. The gender results were 53% female and 47% male. But remember, many people may have some traits of this disorder some of the time, but not have the full disorder.
Narcissistic HCPs:	They can be very arrogant and preoccupied with themselves. They try hard to be seen as superior and very important. They seek constant admiration and praise, and get angry when they don’t get it. They can be highly manipulative, and very disdainful and demeaning to those around them. When they feel insulted or disrespected (even if they aren’t), they can become enraged, vindictive and sometimes violent. They may make false statements and spread rumors to regain a sense of control when they feel powerless and inferior. They also engage in “splitting” those around them into superior and inferior people. The NIH study said that 6.2% of the general population meets the criteria for narcissistic personality disorder. The gender results were 62% male and 38% female. Almost 40% of those with narcissistic personality disorder meet the criteria for borderline personality disorder as well.
Paranoid HCPs:	They are very fearful and suspect that other people want to manipulate them or hurt them. They often imagine that others are conspiring against them. They are mistrustful and expect that people close to them will betray them sooner or later. They will sometimes attack others first (verbally or physically), in order to prevent being attacked themselves by surprise (even though no one was planning to attack them). The NIH study said that 4.4% of the general population meets the criteria for this disorder. The gender results were 57% female and 43% male.
Antisocial HCPs:	They can be the most dangerous and uncaring. They often enjoy other people’s suffering, and like to dominate and be in control. They don’t care about the rules of society. Instead, they just want what they want and they will do anything to get it. They are chronic liars and lack remorse. They can be highly manipulative and often persuade others that they (the antisocial HCPs) are victims, when in fact they are perpetrators of bad behavior. They view people as powerful or as suckers, who deserve what they get. Violent revenge or causing other people suffering is often seen as justified in their eyes. The NIH study said that 3.6% of the general population meets the criteria for this disorder. The gender results were 74% male and 26% female. Approximately 20% of those with borderline personality disorder and narcissistic personality disorder also have antisocial personality disorder.
Histrionic HCPs:	They are generally over-dramatic and very intense. They constantly are talking about being a victim of this or that, and can go on and on about dramatic details which may or may not be true. They are attention seekers and once they have your attention they don’t like to let go. They look to others to solve their problems. They are prone to lots of exaggeration – of facts and of emotion. The NIH study said that 1.8% of the general population meets the criteria for this disorder. The gender results were 51% male and 49% female.

Throughout this book, I will avoid the term “personality disorder” in describing these patterns, as I believe that half of HCPs don’t have these disorders but just some traits of these disorders. What is important is to understand their possible patterns of behavior so you can deal with them, not deciding if they have a disorder – which you can’t do without extensive training.

It’s also important not to think of these characteristics as defining a whole person. People with personality disorders or traits can be high functioning in society – such as in their work – while they are very difficult in close relationships. They can have the full range of intelligence, from very low to very high. So when someone is referred to as “a borderline” or “a narcissist,” it’s like calling someone a diabetic or a painter or a Californian – it’s just one aspect of the person.

“Splitting” People

For decades, mental health professionals have recognized that many people with these personality traits “split” people into “all-good” and “all-bad.” In their eyes, the “all-good” people can do nothing wrong - they have no negative qualities. And they believe that the “all-bad” people can do nothing right - they can’t think of a single positive quality about them. They don’t just think this way – they feel it intensely, as though they were at war with the bad people.

The following is an excellent description of this splitting process by psychiatrist, Jerold J. Kreisman (1989). It is most commonly identified with those with borderline personalities, but I have seen this with all HCPs in high-conflict disputes:

The world of a borderline, like that of a child, is split into heroes and villains. A child emotionally, the borderline cannot tolerate human inconsistencies and ambiguities; he cannot reconcile another’s good and bad qualities into a constant coherent understanding of another person. At any particular moment, one is either “good” or “evil”; there is no in-between; no gray area….Lovers and mates, mothers and fathers, siblings, friends, and psychotherapists may be idolized one day, totally devalued and dismissed the next.

When the idealized person finally disappoints (as we all do, sooner or later) the borderline must drastically restructure his one-dimensional conceptualization. Either the idol is banished to the dungeon, or the borderline banishes himself in order to preserve the all-good image of the other person.

This type of behavior, called “splitting,” is the primary defense mechanism employed by the borderline. Technically defined, splitting is the rigid separation of positive and negative thoughts and feelings about oneself and others, that is, the inability to synthesize these feelings. Normal persons are ambivalent and can experience two contradictory feeling states at one time; borderlines characteristically shift back and forth, entirely unaware of one feeling state while in another.

Splitting creates an escape hatch from anxiety: The borderline typically experiences a close friend or relation (call him “Joe”) as two separate people at different times. One day, she can admire “Good Joe” without reservation, perceiving him as completely good; his negative qualities do not exist; they have been purged and attributed to “Bad Joe.” Other days, she can guiltlessly and totally despise “Bad Joe” and rage at his badness without self-reproach – for now his positive traits do not exist; he fully deserves the rage. (pp. 10-11)

Splitting commonly has three components to it: all-or-nothing thinking, unmanaged emotions, and extreme behaviors. Some of the developers of cognitive therapy, Aaron Beck and colleagues, have described (1990) how these three components are connected together:

Borderline individuals can experience the full range of cognitive distortions, but one particular distortion that Beck refers to as “dichotomous thinking” is particularly common and is particularly problematic. Dichotomous thinking is the tendency to evaluate experiences in terms of mutually exclusive categories (e.g. good or bad, success or failure, trustworthy or deceitful) rather than seeing experiences as falling along [a continuum]. The effect of this “black-or-white” thinking is to force extreme interpretations on events that would normally fall in the intermediate range of a continuum, since there are no intermediate categories. According to the cognitive view, extreme evaluations of situations lead to extreme emotional responses and extreme actions. (p. 187) [bold added]

Ralph and Yolanda

You can see how the idea of splitting can drive high-conflict divorces. In many of these cases, one parent sees the other as “all-bad.” This leads to extreme behavior. Take Ralph, for example. I was the family lawyer for his wife, Yolanda.

Ralph was a bully to his wife Yolanda throughout their short marriage. They had two children, both daughters, ages 3 and 5. He hit her from time to time, on her back and buttocks, so no one would see. He frequently called her disparaging names. She told me that he liked to call her stupid and a pig.

Based on what she told me about the abuse, I went to court and obtained a restraining order. Ralph had to stay 100 yards away from Yolanda and he could not contact her. He didn’t have an attorney, which meant that he would be calling me directly.

I am always cautious about believing what my clients tell me. However, when Ralph called me up to demand that Yolanda should do this and that for him, he was very rude. At one point, he started referring to her as “that pig” or “stupid pig.” “You tell that pig that she better do what I’m telling you.”

I remember telling him: “Don’t talk about my client that way, or I’ll have to hang up.”

“I’ll call that stupid pig whatever I want!” he said.

“Then I’m hanging up,” I replied, and calmly hung up the phone.

After that, he called her that name one more time with me, but then quickly said that he didn’t want me to hang up and that he wouldn’t call her that. We eventually negotiated most of a settlement out of court for their parenting plan and finances. He agreed to have a family member present when he had his parenting time with the children. He didn’t really want to spend much time with them anyway. While they were sometimes afraid of him, they didn’t resist seeing him with a family member present. They were still pretty young.