The Jones-Holmes Criteria: Critical Factors In Autism Custody Disputes

When Autism Spectrum Disorder (ASD) is acknowledged in custody proceedings, nine critical criteria that should be brought into consideration by the courts are known as the “Jones-Holmes Criteria”. Included will be: whether an ASD professional should be retained to advise the court; whether the custodial parent should be allowed to move to another state or instate location; and the availability of federal, state and local entitlements and eligibility services. When Autism Spectrum Disorder [ASD]  is acknowledged in divorce proceedings and custody matters there are nine critical criteria that should be brought into consideration by courts exercising parens patriae [protection of the child] jurisdiction. These criteria are summarized as the “Jones-Holmes Criteria”.

This workshop presentation will address the important criteria that should be addressed when making decisions about joint versus sole custody. The criteria are based upon qualitative and  quantitative measures of involvement of parents in raising and treating the child[ren] in the family who presents the symptoms of ASD and the severe impact that such symptoms has on the child[ren] and the family.

Discussion will focus on the symptoms of ASD that make it an important variable when considering custody matters and matters of child support.

The “Jones-Holmes Criteria” [Jones, L. and Holmes, D.L.{ 2009}Autism and Divorce: Guidelines for Family Court Practice. New Jersey Lawyer, 256; 12-22] will be presented and discussed. The “Criteria” focus on nine areas that judges may want to consider in helping them make decisions under the difficult conditions when ASD is a factor.

Although the principal focus of  workshop will be a discussion of the “Jones-Holmes Criteria”, we will also discuss : whether an ASD professional should be retained to advise the court; whether the custodial parent of a child with ASD should be allowed to move to another State or Instate location; visitation schedules and their impact on the child with ASD; child support and the availability of federal, state and local entitlements and eligibility services; Special Needs Trusts; and, alimony vis a vis the time needed to focus on the needs of a child with ASD.

Relevance to the Autism community.

Autism is at epidemic proportions in the United States based upon 2012 data tabulated by the Centers for Disease Control [Atlanta, Ga.]. So, now with 1 in 88 births resulting in autism, Family Courts are encountering a significant increase in the number of divorces where there is a parent or parents and  a child or multiple children on the Autism Spectrum in the family.

Judges and attorneys frequently struggle with what to do to secure the well being of children on the Autism Spectrum and to also be fair to all parties involved when making their decisions regarding the numerous responsibilities associated with divorce proceedings.

The Jones-Holmes Criteria were developed to facilitate a more objective set of variables that should be considered when autism in the family creates additional concerns under Parens Patriae rules.

These criteria, it is expected, will be of benefit to those attending the ASA Conference who have responsibility for arguing for custody and/or determining custody outcomes when autism is a consideration.