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NCJ Number: 221244 Find in a Library
Title: Getting Beyond "What Did She Do to Provoke Him?": Comments by a Retired Judge on the Special Issue on Child Custody and Domestic Violence
Journal: Violence Against Women  Volume:14  Issue:1  Dated:January 2008  Pages:93-99
Author(s): Marjory D. Fields
Date Published: January 2008
Page Count: 7
Type: Issue Overview
Format: Article
Language: English
Country: United States of America
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
Main Term(s): Child custody; Child protection laws; Family courts; Judges
Index Term(s): Child abuse and neglect hearings; Domestic assault; Domestic relations; Judicial decisions
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