Please use this identifier to cite or link to this item: https://anrows.intersearch.com.au/anrowsjspui/handle/1/13781
Record ID: 8886fc2b-4f9f-49a5-bab7-d72d206a03ff
Electronic Resources: http://new.vawnet.org/category/Main_Doc.php?docid=1134
Web resource: http://new.vawnet.org/Assoc_Files_VAWnet/AR_CustodyRevised.pdf
Type: Journal Article
Title: Child custody and visitation decisions in domestic violence cases: legal trends, risk factors, and safety concerns (revised 2007)Applied Research Paper Series
Authors: Oehme, Karen
Saunders, Daniel G
Keywords: Risk factors;Family law
Year: 2007
Publisher: VAWnet Library
Notes:  General Overview: This short paper reviews the United States (US) literature concerning child custody and visitation decisions where there has been domestic violence. It identifies legal trends and risk factors and makes recommendations aimed at increasing the safety of women and children.

Discussion: The author notes that courts in all US states must consider domestic violence in custody and visitation decisions. Some have introduced reforms to protect victims of violence, such as supervised visitation, exempting battered women from compulsory mediation and making it easier for victims to relocate if necessary to escape violence. However, “friendly parent” provisions (which favour the parent who encourages contact with the other parent) continue to discourage battered women from raising domestic violence claims.

A number of myths about domestic violence still persist, creating risks for women and children. Many professionals continue to believe that the separation of the parents means that the domestic violence has ended. They are overly optimistic about the effectiveness of programs for men who batter. The post-traumatic stress symptoms and depression that victims of violence suffer may be mistaken for borderline and paranoid traits. Negative stereotypes about women lead judges to disbelieve women’s allegations of violence.

The author recommends that men who batter should rarely be awarded sole or joint custody, and makes a number of other recommendations aimed at making visitation safer for the child and adult victim. He also suggests that termination of access needs to be considered more seriously.
URI: https://anrows.intersearch.com.au/anrowsjspui/handle/1/13781
Physical description: 18 p.
Appears in Collections:Journal Articles

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