Type:	Journal Article
Title:	Child custody and visitation decisions when the father has perpetrated violence against the mother
Other Titles:	Violence against women
Authors:	Sung, Iyue Smith, Kevin Morrill, Allison C Dai, Jianya Dunn, Samantha
Keywords:	Family law;Training
Year:	2005
Publisher:	Sage Publications
Citation:	11 (8)
Notes:	This article presents research on the effectiveness of legislation mandating a presumption against custody to a perpetrator of domestic violence (DV) and judicial education about DV. It looked at 6 US states, examined 393 custody and/or visitation orders where the father perpetrated DV against the mother, and surveyed 60 judges who gave these orders. It found 86% of judges received DV education but did not score better in their knowledge or attitudes. More of their orders gave mothers sole physical custody but few gave structured or restricted fathers’ visitation. Statutory presumption against custody to a DV perpetrator seems to be effective in reducing orders that give legal custody to a father who had battered the mother. However, 40% of the DV perpetrators were still given joint custody. The effectiveness of the presumption against custody to a DV perpetrator was undermined by competing statutes such as a presumption in favour of joint custody (with a weak exception for DV) and a friendly parent provision. In cases with DV, the friendly parent provision penalises the abused parent who asked that the abuser’s visitation be denied or restricted. It suggests that the quality of DV education is more important than legislation mandating judicial education.
URI:	https://anrows.intersearch.com.au/anrowsjspui/handle/1/13782
ISSN:	1077-8012
Appears in Collections:	Journal Articles

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