Module 7
Custody and Visitation Implications

Learning Objectives 

This module will enable a judge to:

  • Know the characteristics of abusive partners as parents, the risks they pose to their children, and the increased risk to children posed by perpetrators of intimate partner sexual abuse.
  • Structure custody and visitation orders that protect against the heightened risk to children when intimate partner sexual abuse is an aspect of domestic violence.
  • Require custody evaluators to fully document in their recommendations any allegations of domestic violence and intimate partner sexual abuse and be continually aware that these evaluators are not always a reliable resource for judges seeking to understand the dynamics of a family enmeshed in domestic violence.
  • Reject proposed evidence of "parental alienation syndrome" as passing neither the Daubert nor Frye tests.
  • Understand how the presence of intimate partner sexual abuse impacts reliance on alternative dispute resolution.
  • Structure custody and visitation orders that protect against the heightened risk to intimate partner sexual abuse victims when visitation exchanges are unsupervised.
  • Promote supervised visitation facilities in the jurisdiction.