從家庭系統觀點看離異家庭 子女拒絕探視之現象：個案研究
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2014
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Abstract
本研究採用質性的單一個案研究方法，以深度了解父母離異後孩童拒絕與非同住親方接觸的現象，以及法院的積極介入將為此家庭帶來什麼轉變。研究者以一個在父母離婚過程中出現兒童拒絕探視現象的家庭為單位，以家庭成員和專業人員為訪談對象，包括該家庭之父、母、孩子乙名，以及一位程序監理人、三位法院心理諮詢師。透過觀察、訪談與文書資料，以家庭系統的觀點了解家庭各成員的主觀認知、家庭內的互動關係會如何影響兒童與非同住親方的關係，以及法院專業人員如何以兒童的最佳利益為依歸，相互合作、評估與介入。
本研究指出，孩子拒絕非同住親方的現象，受到許多因素所影響，而直接影響因素則來自於父母如何看待並回應孩子的拒絕、孩子對於處在父母衝突下感到的壓力、以及孩子想要照顧同住親方的心情。
本研究的研究結果如下：
一、 當離異家庭出現兒童拒絕探視現象時，同住親方與非同住親方對孩子的理解有極大差異，其理解不只建基於孩子表現的態度，也來自過去在婚姻中或分居時所累積的負面情緒，使雙方皆有受害的感受。
二、 專業人員的評估，可以了解孩子拒絕與非同住親方見面的原因，是來自於同住親方的不樂意、非同住親方的不當親職作為、孩子迴避雙方衝突的場合，或是上述原因之綜合。
三、 法院積極介入後，可以量身訂做出符合孩子最佳利益的介入策略，並且使得孩子恢復與非同住親方的情感連結。
針對本研究之結果，研究者得到以下結論：（1）孩子拒絕探視的現象不僅是孩子與非同住親方的關係出現困難，家庭中所有成員的態度和反應都會產生影響，須以家庭系統的觀點理解之；（2）法院的積極介入得以評估家庭各成員的狀態，並制訂有效的策略協助親子關係的修復；（3）本介入模式為一短期介入方案，難以有效解決父母雙方長期累積下來的不信任感，在法院介入過後，孩子仍可能因父母再次衝突而中斷探視。並依短期介入方案之限制進行以下三點討論：（1）長期心理諮商/治療的需要；（2）法院的強制性；以及（3）值得正視文化議題。並針對未來研究、實務工作以及面臨兒童拒絕探視的家庭提出進一步建議，以供參考。
A qualitative single-case study is conducted on one separated family, in order to understand the “Visitation Resistance and Refusal” of a family between the child and the nonresidential parent. The purpose of this study is to investigate the phenomenon in a systemic perspective, and the legal response collaboration with mental health professionals. In this study, the family members, three court consultants who were assigned for the family members and the Guardian Ad Litem of the child, are interviewed. Several ways of information gathering are adopted, which include interview, observation, and evaluation report, to enrich the results of the research. This study discovers that the phenomenon of visitation resistance and refusal is affected by many factors. One major factor is the parents’ views and responses to the child’s refusal of the visitation, a second factor is the child’s vulnerability under the stress of parental conflicts, and the third factor is the child’s feeling of need to take care of the residential parent. The research has found: 1. When the child in a separated family refuses to visit the nonresidential parent, the views of the situation from the residential and the nonresidential parents are different, it is not solely affected by the child’s behaviors and attitudes, but also is affected by their negative feelings from their past experiences in the marriage and during the separation. 2. Mental health professionals are able to understand visitation difficulties are the result of unwillingness of the residential parent, poor parenting skills of the nonresidential parent, high-conflicting situations, and/or combination of the above through a family systemic point of view. 3. There should be individually designed intervention for each child in a case based on the best interests of the child. The purpose is to repair the connection between the child and the nonresidential parent. Based on the findings, the researcher has reached the following conclusions: 1. Due to the fact that there are relational difficulties between the child and the nonresidential parent, and the effect of the attitude and reaction of family members, the phenomenon of visitation resistance and refusal should be understood through a family systemic perspective. 2. Court intervention needs to be able to evaluate the mental state of each family member and apply useful strategies to repair the relationship between the child and the nonresidential parent. 3. In this study, one of the limitations of repairing family member relationship is the short-term court intervention. The trust between the two parents who have been through marriage difficulties is not able to be repaired during a short-term intervention, and as a result, unstable visitations might come forth during high family conflict situations. Based on the research outcomes and analytic discussion above, the researcher would like to emphasize on the following: the need for long-term psychological counseling or therapy for any troubled individual in the family; the enforcement of the court intervention; and to take cultural issues in custody cases into intervention and evaluation consideration.
A qualitative single-case study is conducted on one separated family, in order to understand the “Visitation Resistance and Refusal” of a family between the child and the nonresidential parent. The purpose of this study is to investigate the phenomenon in a systemic perspective, and the legal response collaboration with mental health professionals. In this study, the family members, three court consultants who were assigned for the family members and the Guardian Ad Litem of the child, are interviewed. Several ways of information gathering are adopted, which include interview, observation, and evaluation report, to enrich the results of the research. This study discovers that the phenomenon of visitation resistance and refusal is affected by many factors. One major factor is the parents’ views and responses to the child’s refusal of the visitation, a second factor is the child’s vulnerability under the stress of parental conflicts, and the third factor is the child’s feeling of need to take care of the residential parent. The research has found: 1. When the child in a separated family refuses to visit the nonresidential parent, the views of the situation from the residential and the nonresidential parents are different, it is not solely affected by the child’s behaviors and attitudes, but also is affected by their negative feelings from their past experiences in the marriage and during the separation. 2. Mental health professionals are able to understand visitation difficulties are the result of unwillingness of the residential parent, poor parenting skills of the nonresidential parent, high-conflicting situations, and/or combination of the above through a family systemic point of view. 3. There should be individually designed intervention for each child in a case based on the best interests of the child. The purpose is to repair the connection between the child and the nonresidential parent. Based on the findings, the researcher has reached the following conclusions: 1. Due to the fact that there are relational difficulties between the child and the nonresidential parent, and the effect of the attitude and reaction of family members, the phenomenon of visitation resistance and refusal should be understood through a family systemic perspective. 2. Court intervention needs to be able to evaluate the mental state of each family member and apply useful strategies to repair the relationship between the child and the nonresidential parent. 3. In this study, one of the limitations of repairing family member relationship is the short-term court intervention. The trust between the two parents who have been through marriage difficulties is not able to be repaired during a short-term intervention, and as a result, unstable visitations might come forth during high family conflict situations. Based on the research outcomes and analytic discussion above, the researcher would like to emphasize on the following: the need for long-term psychological counseling or therapy for any troubled individual in the family; the enforcement of the court intervention; and to take cultural issues in custody cases into intervention and evaluation consideration.
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兒童拒絕探視, 親方離間, 法院心理諮詢, 個案研究, visitation resistance and refusal, parental alienation, family court consultation, case study