Factors associated with child custody evaluators’ recommendations in cases of intimate partner violence.

Abstract

Although child custody evaluations can lead to unsafe outcomes in cases of intimate partner violence (IPV), little is known about factors associated with evaluators' recommendations. In this study of 465 child custody evaluators, we investigated the association between evaluators' beliefs, background, and knowledge and their custody and visitation recommendations in cases involving IPV. We hypothesized that evaluators' belief in false allegations by the mother and their recommendations that perpetrators have custody or unsupervised visits would be positively associated with (a) being a male evaluator, (b) patriarchal norms, (c) not knowing a survivor of IPV, and (d) less knowledge of IPV. In addition, we hypothesized that evaluators' belief in false allegations by mothers would be related to their recommendation that perpetrators have custody or unsupervised visits. Results supported most of the hypothesized relationships. Multivariate analysis revealed that belief variables explained more of the variance in custody-visitation outcomes than demographic and knowledge variables. Implications of the findings for IPV training, evaluator selection, and evaluation guidelines are provided.

Liars are perceived as more credible than truth‐tellers who recall a repeated event

“…One survey conducted on community members indicated that 54% of respondents believed that claims of domestic violence are often fabricated or exaggerated to improve the outcome of custody disputes (VicHealth, 2013). Even custody evaluators are suspicious that claims of domestic violence are false (LaFortune & Carpenter, 1998; Saunders, Tolman, & Faller, 2013). The veracity of asylum seekers recalling a repeated experience is also likely to be questioned.…”

Childhood family violence and officer responses to officer-involved domestic violence: Effects of cumulative and resolved trauma

“…One item asked about the belief that domestic abuse reports tend to be false. Such perceptions are correlated strongly with sexist beliefs and with recommendations that place IPV victims at risk of continued abuse in child custody determinations (Saunders et al, 2013). Respondents were asked "What percentage of official domestic violence reports do you believe are false?"…”

The Equality Principle: Splitting the Difference in Custody Disputes

“…Using irrelevant (Saunders, Tolman, & Faller, 2013) or value-based (Sagi & Dvir, 1993) information is particularly tempting, because the courts cannot simply rule to not rule. Using irrelevant (Saunders, Tolman, & Faller, 2013) or value-based (Sagi & Dvir, 1993) information is particularly tempting, because the courts cannot simply rule to not rule.…”

“…When both parents are fit, there is a risk that court decisions will be based on information or circumstances that are irrelevant or questionable from the child's point of view. Using irrelevant (Saunders, Tolman, & Faller, 2013) or value-based (Sagi & Dvir, 1993) information is particularly tempting, because the courts cannot simply rule to not rule. Hence, there may be confusion between the different goals of ensuring the child's future well-being and resolving the legal case.…”