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Getting Beyond "What Did She Do to Provoke Him?": Comments by a Retired Judge on the Special Issue on Child Custody and Domestic Violence

NCJ Number
221244
Journal
Violence Against Women Volume: 14 Issue: 1 Dated: January 2008 Pages: 93-99
Author(s)
Marjory D. Fields
Date Published
January 2008
Length
7 pages
Annotation
This paper presents comments from a retired New York Supreme Court Justice on the issue of child custody and domestic violence.
Abstract
When the evidence establishes that parents are abusive or violent and are risks of harm to custodial parents or the children, it is appropriate to deny all contact by the abusive parent. Evaluators have a duty to place victim and child safety and mental health first when making reports and recommendations to the courts. Oftentimes, when men abuse their wives or the mothers of their children, ways are found to vindicate and help the men and to blame the victims. Studies also show that judges base their orders on the recommendations of mental health professionals, guardians ad litem, court-appointed special advocates, and mediators (collectively called “evaluators”). Those recommendations determine the extent and conditions of visits by fathers who were abusive to the mothers of their children. Thus, the safety of intimate partner violence (IPV) victims and their children can be compromised by evaluators who recommend custody or unsupervised visits for IPV offenders. Evaluators have a duty to screen all custody and visitation cases for IPV, as well as child abuse and neglect. References