IS THE APPROXIMATION RULE IN THE CHILD'S BEST INTERESTS? A Critique from the Perspective of Attachment Theory

摘要: In an effort to develop clear and uniform standards for the allocation of custodial responsibility, American Law Institute has proposed a number reforms. For example, under approximation rule, proportion time parents spent with their children performing direct caregiving functions prior divorce would be reflected in allotted each parent after divorce. Much rationale used justify rule is explicitly or implicitly based on attachment theory (Bowlby, 1969, 1973, 1980). This article discusses assumptions implications from standpoint theory. Last year, (ALI) released its 1,200-page Principles Family Dissolution (hereinafter referred as ), which reforms family courts were . Although recent years have seen some meeting minds between mental health professionals legal topic custody arrangements, ALI proposals make little reference to, at times contradict, accumulated social science evidence (Braver, 2003). replace "best interests child" standard suggests that physical arrangements should devoted caretaking separation. put forth concept parent-child originated by Bowlby (1969, Kelly Ward (2002) recently reviewed literature concluded was consistent seemed support three key areas conformity: (a) recognition importance caregiving, (b) ability form attachments multiple caregivers, (c) consistency relationships. By comparison, present discussion critiques inconsistencies what current state research can tell us, stated justifications are grounded may hold advantages over standards, this review argues it erroneous assump- tions not supported developmental literature. The following attach- ment expands upon earlier overview (Kelly & Ward, 2002) concentrates qualitative differences behavior outcome associated secure