Web resource:	http://www.courtinfo.ca.gov/programs/cfcc/pdffiles/2_Hitchens.pdf
Type:	Journal Article
Title:	The court's role in supporting and protecting children exposed to domestic violence
Other Titles:	Journal of the Centre for Families, Children & the Courts
Authors:	Hitchens, Donna J van Horn, Patricia
Keywords:	Impact on children and young people;Child protection;Family law;Risk factors
Year:	2005
Publisher:	Center for Families
Citation:	6, 2005
Notes:	With a growing body of evidence about the effects on young people of witnessing violence between their carers, the US (in particular Californian) courts need to adapt to take this into account and modify their procedures to lessen the impact on children and young people and to protect them from further damage wherever possible. Traditionally the courts have looked at the domestic violence scenario from the perspective of the parents involved. Examines literature and identifies the types of problems that children have, including which children are the most vulnerable. Identifies that an important factor in determining resilience is that the child has a good relationship with at least one parent. Research also indicates that if a child is exposed to more than 2 risk factors eg violence, mental illness and poverty, the risk to that child jumps significantly. Courts must make orders that support the non-violent parent. Must also make sure that they do not act on wrong assumptions that will result in orders that are not in the best interests of children involved. Some of these assumptions are that families are nurturing places and that parents act in the best interests of their children. Recommends that judicial officers need specialist training in domestic violence issues, particularly on how it impacts on children involved. One of the problems with which courts have difficulty is identifying children at risk (often they are not part of the proceedings). Outlines the importance of identifying children at risk, for example, by identifying other court procedures where children have been involved and working with other community groups who may have information on domestic violence and the police. Traditional court procedures must be evaluated and modified to address safety and needs of the non-violent parent, identification of domestic violence issues, to offer parenting programmes that take into account the effects of violence on children, the training of judicial officers and ensuring that court calendars minimise the number of court appearances to reduce impact on the parties. It is also very important that the court has access to information on other proceedings that involve the family. Looks at other court resources such as supervised visitation; batterer intervention; professional assessment of family needs; victim advocacy and mental health support. Includes as appendices forms for confidential screening for domestic violence and court communication protocol.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/12777
ISSN:	1532-0685
Appears in Collections:	Journal Articles

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