Domestic violence has been recognized as an important factor to consider in determining the best interests of children in custody and visitation disputes. However, there remain many misconceptions about the extent and impact of domestic violence in child custody proceedings. Several misconceptions are identified and juxtaposed with the reality of emerging knowledge in this field, and implications are outlined. These issues are illustrated by the perspectives of 62 women victims and 95 children exposed to domestic violence who had to navigate the justice system after separation from an abuser. Recommendations are offered for enhancing professional education, resource development, and collaboration among courts and community service providers.
Although child abuse by family members has received considerable scientific and professional attention, knowledge on the impact of abuse committed by perpetrators in (nonfamilial) community organizations and institutions is lacking. We present a conceptual framework derived from child abuse studies, the authors’ collective clinical experience with adult survivors of nonfamilial abuse, and two independent panels of abuse survivors, practitioners, and researchers familiar with the impact of such abuse. The framework identifies abuse‐related factors that contribute to harmful outcomes, and dimensions of harm associated with such acts. Implications of the conceptual framework are discussed in relation to professional education and practice guidelines, policy and prevention initiatives, and research needs.
Family laws as well as court policies are often justified by research findings from the broad population and are insufficiently backed by studies of the special sub-group of the divorcing population to which they are most frequently applied, that is, to families of high-conflict divorce. High-conflict divorce is characterized by all of the following: intractable legal disputes, ongoing conflict over parenting practices, hostility, physical threats, and intermittent violence. (Johnston, 1994, p. 172) This quotation, from Janet Johnston's (1994) literature review of child adjustment in the context of high-conflict divorces, is an appeal for a new generation of research in an area that has sparked passionate public debates and posed complex, far-reaching, and disquieting questions for the legal system. A n obvious starting point is to bridge two discrete bodies of literature: one focused on the impact of divorce on children and one focused on the effects of being exposed to adult domestic violence. Although the development of social and legal policy on divorce has been influenced by empirical evidence, much of that research does not consider the full spectrum of factors that affect child adjustment postseparation, especially those present in high-conflict divorces. Uniting these bodies of research would allow policymakers, legislators, the courts, and professionals working with families to consider the myriad factors that influence children's postdivorceWe gratefully acknowledge the support of the Atkinson Charitable Foundation.
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