Seven Misconceptions Concerning Domestic Violence and Custody
Obtaining the full picture in domestic violence cases is essential in the custody/visitation context as in other types of risk assessment. See, Risk Assessment. Unfortunately, everyone involved in custody determinations – custody evaluators, psychologists and psychiatrists, guardians ad litem, mediators, parent coordinators and judges – too often ignores allegations of domestic violence or actively punishes women who disclose the violence.
- Domestic violence is rarely a problem for divorcing couples involved in child custody disputes.
- Domestic violence ends with separation for abused women.
- As long as children are not abused directly, they are not harmed by exposure to domestic violence.
- Since domestic violence is behavior between adults, it is not relevant to determination of child custody.
- Family courts, lawyers, and court-related services, such as mediation and custody evaluation, can assess the needs of abused women and their children as well as the impact of the batterer.
- Legal and mental health services for abused women and their children separating from batterers are readily accessible and well coordinated.
- There are no apparent solutions and community strategies to the complex dilemmas posed by abused women and their children separating from batterers.
(Jaffe & Crooks, Common Misconceptions in Addressing Domestic Violence in Child Custody Disputes, 2003 at 58-62.)
Resources
Articles
- Peter G. Jaffe & Claire V. Crooks, Common Misconceptions in Addressing Domestic Violence in Child Custody Disputes, Vol. 52 Iss. 4 Juvenile and Family Court Journal 57 (Fall 2003)