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The Role of the Psychologist in the Tribunal Annulment Process

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The Role of the Psychologist in the Tribunal Annulment Process Clinicians’ Contribution to Tribunal Annulment Cases: Mercy & Justice FRANK J MONCHER, PHD LICENSED CLINICAL PSYCHOLOGIST CATHOLIC DIOCESE OF ARLINGTON Outline 1. Definitions 2. The Range of Roles 3. Types of Tribunal Cases 4. Motu Proprio Reforms 5. Anthropology and Psychology of the Work 6. How To’s 7. Case Examples 1. DEFINITIONS Catholic understanding of Marriage CANONS 1055-1060 DEFINITIONS CONT. Declaration of Nullity aka. Annulment … NOT a Catholic divorce DEFINITIONS cont. (Arch)Diocesan Tribunal • Parties (Petitioner & Respondent) • Advocate • Presiding judge • Auditors • Witnesses • Defender of the Bond Rota 2. ROLE of the mental health professional Prior to ruling Assessor / Peritus (expert) After Reassessment (Metropolitan/Rota) ROLE of the mental health professional Vetitum (prohibition) Monitum (warning) 3. Types of Nullity Cases 1. Direment Cases 2. Documentary Cases 3. Privilege Cases 4. Formal Cases Formal Cases Error, Force & Fear, Ignorance Simulation, Fraud, Intentions Against … Issues of capacity (Canon 1095) Canon 1095 1. Incapacity 2. Lack of Due Discretion 3. Inability to Assume the obligations of marriage due to a psychic condition Permanence Fidelity Fecundity 4. Motu Proprio: “Mitis Iudex Dominus Iesus” On the Reform of Canonical Processes for the Declaration of Nullity of Marriage Context/Goals 1. Mercy: “Having as a guide the supreme law of the salvation of souls” 2. Justice: “a plan of reform, holding firm, however, to the principle of the indissolubility of the matrimonial bond” “Mitis Iudex Dominus Iesus”: MERCY: … great number of Christian faithful … seek to assuage their consciences … charity and mercy demand that the Church, like a good mother, be near her children who feel themselves estranged from her. “Mitis Iudex Dominus Iesus”: JUSTICE … provisions that favor … speed of processes … the simplicity due them, lest … doubt overshadow … the faithful awaiting a decision … cases of nullity to be handled in a judicial rather than an administrative way …. need to safeguard the truth of the sacred bond. “Mitis Iudex Dominus Iesus”: Fundamental Changes 1. Multiple Diocese may be competent 2. Only a single ruling needed in affirmative cases 3. “Rare and Exceptional Cases” can be judged personally by Bishop 4. Renewed emphasis on Pastoral care during preparation of cases 5(a) Anthropology of the Work: Two Problems Reductionism A problem in the understanding of what marriage is, eg., Instead of a true communion of life and love, Becomes a dependent on accidental factors Determinism The expert presupposes that a person’s past not only helps to understand the present but inevitably determines it in such a manner as to eliminate all possibility of free choice. Versaldi’s Anthropology: “Incapacity for Marriage” Argues for a Psychological Evaluation that integrates a Catholic vision of the person, marriage, and family, because… an increase in the number of cases are based on the grounds of some psychological defect, and thus the importance of this dialogue between psychology and canonists has increased. Rulla’s Realities 1st – Human Capacity for Self-transcendence 2nd – Human nature has inherent Limitations 5(b) Psychology of the Work Canonical vs. Clinical Normality Psychic Maturity vs. Canonical Maturity True Incapacity vs. Mere Difficulty Incapacity to elicit and implement a valid consent probable in: 1. Psychosis impaired reality testing 2. Primitive personality no capacity to relate to other as someone distinct from self 3. Sexual deviations when connected with personality disorganization 4. Neuroses only where impairment directly impacts object of consent Some Common Differences Between American and Rotal Jurisprudence American Tribunals Rotal Jurisprudence c. 1095 is the easiest ground to prove c. 1095 is a very difficult ground to Any difficulty can be used to declare prove the nullity of the marriage “For the canonist, the principle must Every problem that the couple remain clear that only a true experiences can be placed under this incapacity, not a difficulty…” JP II ground “Only the most severe forms of It can easily be proven that the psychopathology…” JP II, 1987 marriage is null because of immaturity The Rota does not accept immaturity Immaturity = did not know what as a ground of nullity. Franceschi, marriage entailed 2011, Lopez-Illana, 1997. In cases of psychic incapacity, the Canonical maturity, gives the persons problems make the case the opportunity to grow in mutual knowledge In cases of psychic incapacity, the expert resolves the issue (declares the In cases of psychic incapacity, the nullity) evaluation of an expert is needed, DC, art. 209. c. 1095, 2. The most widely used ground of nullity? Percentage of Decisions Granted on Grounds of Invalid Consent by First and Second Instance Tribunals in the United States Year Invalid Consent – Invalid Consent – United States World United States Percentage 1985 46,956 36,803 78% 1987 55,969 41,584 74% 1989 53,886 40,401 74% 1991 56,030 42,051 75% 1993 52,004 37,597 72% 1995 55,757 39,276 70% 1997 55,501 39,128 70% 1999 54,220 36,229 67% 2001 57,062 38,410 67% 2003 58,923 39,260 67% 2005 50,034 33,035 63% 2007 49,027 27,534 56% 2009 46,775 25,196 54% 2011 44,016 21,288 48% 2013 40,352 19,418 48% 6. How to?? 1. Referral from the judge 2. Review of the Acts 3. Direction from the Presiding Judge (and Defender of the Bond) 4. Interviews with the Petitioner (and Respondent) REPORTS 1. Different from traditional psychological evaluation reports 2. Emphasis on clarity, Regarding Sources of information Use of Christian anthropology Certitude of observations 3. Avoid reaching judgment, but…. 4. Recommendations as indicated Vetitum Prohibits a party from marrying until the cause of the first annulment has been properly dealt with E.g., a person who lacked discretion to marry in the first marriage, must show that he now has the proper level of discretion in the next relationship proposed. Conclusion: Mercy or Justice? Tension between goals: 1. Returning people to the sacraments 2. Preserving existing marriages in difficulty 3. Ensuring that people understand the Christian meaning of marriage .
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