Type:	Journal Article
Title:	Assessing mutual partner-abuse claims in child custody and access cases
Other Titles:	Family court review
Authors:	Neilson, Linda C
Keywords:	Family law;Child protection;Impact on children and young people;Post-separation violence
Year:	2004
Publisher:	Sage Publications
Citation:	42 (3), July 2004
Notes:	General Overview: This Canadian article examines mutual claims of domestic violence in the context of research on gender and violence and in the context of litigation tactics used by perpetrators in child custody and access cases in Canada. Objective: It aims to provide a background against which to assess or screen cases involving tactics used for custody and access, in the context of allegations and counter-allegations of intimate partner violence. Methods: The article provides a review of relevant literature. Examples from court files and extracts from data and interviews collected during the ‘Spousal Abuse, Children and the Legal System’ research study (1998 – 2001) are used. Discussion: The article commences with a discussion on what is known from socio-legal and domestic violence research about gender, children and intimate partner abuse in social and legal contexts. Discussion is provided about research relating to alleged gender bias in custody and access cases, with a focus on intimate partner violence cases. Exploration is made of statistics and research on intimate partner violence, followed by abuser characteristics, litigation and negotiation tactics. Considerations are offered on how to promote accurate assessment. Results: The article suggests that failure to consider intimate partner abuse in custody cases can have serious consequences, since witnessing abuse can be as harmful to children as child abuse. Abusive partners pose continuing risks both to children and adult victims after separation or divorce. It cites research indicating that between 49 and 70 percent of parents who physically abuse partners, also abuse their children. Studies have shown serious child safety and welfare concerns in partner abuse cases. It refers to findings that the longer children went without seeing the abusive parent, the better their adjustment. Research on custody and access decisions in intimate partner abuse cases has shown the following outcomes: * Undermining the authority, health and welfare of the custodial parent; Conclusions: Extracts from parents in cases show the importance for accurate assessment of mutual claims as requiring full information about the social context and the analysis of patterns of power and control in the relationship over time. Developments in Canadian law are considered as being able to enhance the ability of judges to take such evidence into account.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/13468
ISSN:	1531-2445
Appears in Collections:	Journal Articles

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