Disputed custody and the people involved : an ecosystemic perspective

Abstract

Custody disputes have traditionally been considered a legal matter. More recent trends have seen the recognition of divorce and custody as both legal and psychological events. This necessitated the involvement of professionals of the helping services in custody recommendations. Such a multidisciplinary approach is currently taken by the Office of the Family Advocate, Pretoria, in disputed custody matters. It is suggested that the way in which the problem of custody is currently defined, is on a pragmatic level, and does not include a higher-order awareness as implied by an ecosystemic epistemology. Such an awareness denotes self-reflexivity, and calls for a more aesthetic emphasis. The dialectic between aesthetics and pragmatics is maintained by means of a descriptive look at the various systems involved in a disputed custody case. Adopting an ecosystemic epistemology is recommended, through the metaphor of mediation, as a further evolution of an already changing process.