Indirect Abuse Involving Children During the Separation Process

Abstract

Separation is believed to be an antidote to risk abusers pose to their partners and children and underlines many interventions in family, juvenile, and criminal court proceedings. Countering this belief is the claim that many abusers respond to the felt loss of power and control occasioned by separation by changing or escalating abusive tactics. This study complements research on post-separation by asking whether separation is associated with an increase in threats of indirect abuse, which relies on third parties to manipulate the victim. Children, and threats made against them, can be used as a proxy to control or intimidate the victim. Using data from the Chicago Women Health Risk Study ( N = 339), the current study examined whether mothers who were separated were at greater risk of abuse through threats against the children when compared with mothers who were still in a relationship with their abuser. Results indicated that separated mothers were four times more likely to report threats to take and threats to harm the children, Exp(B) = 4.05, p < .05; Exp(B) = 3.93, p < .05, than non-separated mothers. Findings can be used to inform child custody procedures and the design of Family Justice Centers.

Beliefs and Recommendations Regarding Child Custody and Visitation in Cases Involving Domestic Violence

“…Also of concern was that all groups gave a fairly high likelihood (46-57%) they would recommend joint legal custody, with physical custody to the victim. Many abusers will use this arrangement to continue their harassment and manipulation of the child and ex-partner, including abuse through litigation (Bancroft & Silverman, 2002;Elizabeth, Gavey & Tolmie, 2012;Hayes, 2012Hayes, , 2015Watson & Ancis, 2013;Zorza, 2010). Recommending mediation for the couple ranged from a high 53% likelihood by private attorneys, to a low of 16% likelihood by DV workers.…”

“The System Had Choked Me Too”: Abused Mothers’ Perceptions of the Custody Determination Process That Resulted in Negative Custody Outcomes

“…Children report that they are left to navigate the contentious relationship between their parents, particularly as their fathers behaved increasingly hostile toward their mothers (Morrison, 2015) and are isolated from friends and relatives (Katz, 2016). Abusers also use intimidation, threats, and coercive tactics to prolong court cases (Hayes, 2017; Khaw & Hardesty, 2015; Miller & Smolter, 2011). Miller and Smolter (2011) termed these behaviors as “paper abuse” (p. 637), whereas Douglas (2018) called them “legal systems abuse” (p. 84), a form of procedural stalking where abusers have access to their former partners through legal means, allowing them to revictimize survivors.…”

‘Because I love him’: Children’s relationships to their parents in the context of intimate partner violence

“…Here, the risk of post-separation violence related to children’s contact arrangements (see e.g. Hayes, 2017; Holt, 2015; Morrison, 2015) may limit the children’s possibilities of practicing and cultivating the bond through contact with their father. However, the analysis shows that some children created their own independent practices to maintain an experience of closeness.…”