Common Misconceptions in Addressing Domestic Violence in Child Custody Disputes

Peter G. Jaffe · Claire V. Crooks · Samantha E. Poisson

72 citations0/0 files storedJuvenile and Family Court Journal

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Intimate Partner and Family Violence Family and Matrimonial Law Legal and Social Justice Studies

Abstract

ABSTRACT Domestic violence has been recognized as an important factor to consider in determining the best interests of children in custody and visitation disputes. However, there remain many misconceptions about the extent and impact of domestic violence in child custody proceedings. Several misconceptions are identified and juxtaposed with the reality of emerging knowledge in this field, and implications are outlined. These issues are illustrated by the perspectives of 62 women victims and 95 children exposed to domestic violence who had to navigate the justice system after separation from an abuser. Recommendations are offered for enhancing professional education, resource development, and collaboration among courts and community service providers.

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References

2000Full Report of the Prevalence, Incidence, and Consequences of Violence Against Women 2003The Effects of Children's Exposure to Domestic Violence: A Meta-Analysis and Critique 1999Family violence in Canada: A statistical profile 1999The Overlap Between Child Maltreatment and Woman Battering 1992Children of Battered Women.2012The Batterer as Parent: Addressing the Impact of Domestic Violence on Family Dynamics 2002Batterer Intervention Systems: Issues, Outcomes, and Recommendations 1997Incubated in terror: Neurodevelopmental factors in the "cycle of violence."

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2010Custody Evaluators’ Beliefs About Domestic Violence Allegations During Divorce: Feminist and Family Violence Perspectives 2016No way to turn: Traps encountered by many battered women with negative child custody experiences 2020Penalizing women’s fear: intimate partner violence and parental alienation in Canadian child custody cases 2013Power and Control in the Legal System 2015Indirect Abuse Involving Children During the Separation Process

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