This presentation will locate the field of separation & divorce within a legal and psychological framework. In so doing, it will describe the history and evolution of this area of practice and discuss the interplay and integration of the legal and mental health professions. The main focus will be on the provisions of the Children’s Act, 2005 that specifically deal with separation & divorce and how mental health professionals work within the scope of the Act and it’s regulations. The legal concepts that are relevant in the context of working with children, parents and families will be explored in depth, bearing in mind the constitutional precept that the best interest of the child criterion is paramount. Parental responsibilities and rights will be discussed in detail especially with regard to care and contact arrangements and the current debates and contentions surrounding parenting arrangements. Case material will be discussed to illustrate the complexities in this field. The presentation will further explore the different roles that mental health professionals may take on in this field of practice. In this regard, scope of practice, expertise, and ethical practice will be discussed.
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