Child Custody and Domestic Violence : A Call for Safety and Accountability

by Peter G. Jaffe

• ISBN13: 9780761918264
• ISBN10: 0761918264
• Format: Paperback
• Copyright: 2002-11-14
• Publisher: SAGE Publications, Inc

Summary

Child Custody and Domestic Violence: A Call for Safety and Accountability focuses on the complexity of the challenges facing judges, lawyers, legislators, and mental health professionals in developing safe and effective strategies for resolving custody disputes. Jaffe, Lemon, and Poisson integrate the most recent clinical and legal issues in the field in considering the prevalence of divorce and domestic violence as well as the relevance of domestic violence in custody disputes. The authors outline the essential differences between custody disputes with and without allegations and findings of domestic violence, and the different analysis and distinct interventions by judges, policymakers, and mental health professionals necessary in domestic violence cases. Key Features: Addresses difficult issues such as parent alienation syndrome, false allegations, and mutual abuse Reviews recent legislation and guidelines in custody disputes involving domestic violence in four countries: the United States, Canada, New Zealand, and Australia Outlines significant judicial decisions in custody disputes, highlighting the inconsistency and unpredictability of the decisions and their impact on the desired outcome Offers recommendations for legislative improvements, increased training for legal and mental health professionals, enhanced services and programs, and the development of new policies to deal with domestic violence in custody disputes Legal and mental health professionals who provide services to divorcing parents will find this a much-needed reference, as will anyone whose life has been affected by child custody disputes and domestic violence.

Author Biography

Peter G. Jaffe, Ph.D., is the Founding Director (1975-2001) and Special Advisor on Violence Prevention of the Centre for Children and Families in the Justice System of the London Family Court Clinic. He is also a member of the Clinical Adjunct Faculty for the Departments of Psychology and Psychiatry at the University of Western Ontario Nancy K. D. Lemon, J.D., is a consultant to the California Center for Judicial Education and Research (CJER) Samantha E. Poisson, M.Ed., is Clinical/Research Services Coordinator at the Centre for Children and Families in the Justice System of the London Family Court Clinic and is currently completing her doctorate in education in applied psychology at the University of Toronto

Table of Contents

Preface	vii
Acknowledgments	xi
Why Domestic Violence Is Relevant in Child-Custody Disputes	1	(34)
Children of Divorce	2	(1)
What Is Custody?	3	(1)
Domestic Violence	4	(9)
High-Conflict Custody Disputes	13	(3)
Custody Disputes and Domestic Violence	16	(5)
Impact of Domestic Violence on Children	21	(7)
Why Is Domestic Violence Relevant to Child Custody?	28	(5)
Conclusion	33	(2)
Assessing Safety and Responsibility in Child-Custody Disputes	35	(26)
Assessing Domestic Violence Issues	35	(3)
What to Assess	38	(6)
Whom to Assess	44	(6)
Differential Approaches	50	(2)
Controversial Issues	52	(7)
Conclusion	59	(2)
Changing Legislation and Legal Practice to Recognize Domestic Violence in Child-Custody Proceedings	61	(28)
International Treaties	62	(1)
United States Laws	63	(13)
New Zealand	76	(2)
Canada	78	(4)
Australia	82	(5)
Conclusion	87	(2)
From Theory to Practice: The Varying Responses of the Court System to Domestic Violence in Child-Custody Cases	89	(46)
United States	90	(15)
New Zealand	105	(8)
Canada	113	(7)
Australia	120	(10)
Conclusion	130	(5)
A Framework for Action by Courts and Communities to Recognize the Plight of Abused Victims and Their Children After Separation	135	(22)
Legislation	136	(2)
Training	138	(3)
Programs and Policy Development	141	(13)
Conclusion	154	(3)
Appendix: Abuse Observation Checklist	157	(6)
References	163	(14)
Index	177	(16)
About the Authors	193