How California Courts Handle High-Conflict Child Custody Cases
High-conflict custody cases are not just more difficult versions of ordinary custody disputes. They operate differently, with different tools, different professionals, different processes, and a different legal standard for what constitutes a resolution the court can live with.
What Makes a Custody Case High-Conflict
High-conflict designation is not just about the intensity of the dispute. Courts apply it to cases involving a history of domestic violence or coercive control, allegations of parental alienation or a resist and refuse dynamic, significant mental health issues involving one or both parents, or cases where the children are expressing a preference that contradicts the current custody arrangement.
The Custody Evaluation Process
In most high-conflict custody cases, the court will order a custody evaluation. A court-appointed evaluator conducts a comprehensive assessment including interviews with each parent, age-appropriate interviews with the children, observation of parent-child interactions, and review of records. The resulting report makes specific custody and visitation recommendations that carry significant weight with the court.
The single most important thing a parent can do in a high-conflict custody case is to focus consistently and demonstrably on the child’s wellbeing, not on winning the dispute. Courts have seen every litigation strategy, and what moves them is evidence of genuine child-centered parenting.
When Reunification Therapy Is Ordered
In cases where a child is resisting or refusing contact with one parent, courts frequently order reunification therapy. This is court-ordered, not optional, and attendance is monitored. Resistance to the process can be treated as a violation of a court order and can affect custody.
The Role of Minor’s Counsel
In particularly contested cases, the court may appoint an attorney for the child, called minor’s counsel in California. Their report to the court carries independent weight and gives them access to information that neither parent may have shared with the evaluator.
What Garelick Family Law Brings to High-Conflict Cases
Marc Garelick and Amanda Beall have specific experience with the professionals, processes, and dynamics that define high-conflict custody litigation in Orange County. They work with custody evaluators, reunification therapists, and minor’s counsel regularly.
Learn more about our child custody practice or contact Garelick Family Law to discuss your case.
