Common Misconceptions in Addressing Domestic Violence in Child Custody Disputes
Open accessAbstract
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.
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0 of 52 cited sources checked · 0 supported · 0 flagged
- Findingown data
44% of the women reported that their former partners had been abusive toward the family pet.
“Forty-four percent of the women in the study reported that their former partners had been abusive toward the family pet.”
Quote in the paperSubstantial claim - Findingown data
For 35% of the women, their first experience of abuse involved physical abuse.
“For 35% of the women, their first experience involved physical abuse.”
Quote in the paperNot a substantial claim - Findingown data
22% of the women in this group reported that their former partners were often verbally abusive or harassing during exchanges.
“In addition, 22% of the women within this group reported that their former partners were often verbally abusive and/or harassing during exchanges.”
Quote in the paperSubstantial claim - Findingown data
For 71% of the women, the first abusive incident occurred within the first six months of the relationship.
“For the majority of women (71%), the first abusive incident occurred during the first six months of their relationship.”
Quote in the paperNot a substantial claim - Findingown data
In cases where women wanted supervised access, the abuser refused to cooperate even on a short-term basis.
“In cases where women wanted to promote access in a safe manner through a supervision center, the abuser refused to cooperate, even on a short-term basis”
Quote in the paperNot a substantial claim
- Findingown data
In the study, most women trying to leave abusive partners had suffered multiple forms of emotional, psychological, financial, and physical abuse.
“In our study, the majority of women trying to leave abusive partners suffered multiple forms of emotional, psychological, financial, and physical abuse.”
Quote in the paperNot a substantial claim - Findingown data
The majority of women reported that their partners had threatened them, often with physical harm or taking away custody of the children.
“The majority of women reported that their partners had threatened them, often with respect to the potential of physically harming them or taking away custody of the children.”
Quote in the paperSubstantial claim - Findingnone given
In most cases where a former partner had access to the children, the children were a conduit for abuse (78%).
“In most of the cases where a former partner had access to the children, the children were a conduit for the abuse (78%).”
Quote in the paperSubstantial claim - Findingown data
The severity of violence in the study ranged from limiting contact with family and friends (80%) to threatening with a knife or gun (29%).
“The extent of the violence ranged in severity from limiting contact with family and friends (80%) to threatening with a knife or a gun (29%).”
Quote in the paperNot a substantial claim - Findingown data
Many women reported that their children had regular or irregular contact with their fathers and that access was used as an opportunity to continue domestic violence.
“Many women reported that their children had either regular or irregular contact with their fathers and that access was used as an opportunity to continue the domestic violence.”
Quote in the paperSubstantial claim - Findingown data
78% of the women reported a physically abusive incident as the worst type of abuse they had experienced with their former partner.
“The majority of women (78%) reported a physically abusive incident as the worst type of abuse they had experienced with their former partner.”
Quote in the paperNot a substantial claim - Findingown data
Women experienced abuse through conflicts over custody and visitation arrangements.
“Women experienced abuse through conflicts over custody and visitation arrangements.”
Quote in the paperSubstantial claim - Findingown data
Some abusive partners who had shown little interest in the children during the marriage applied for custody as a control tactic against their ex-partners.
“Some abusive partners who were reported to have little interest in the children during the marriage, applied for custody as a control tactic against their ex-partners.”
Quote in the paperSubstantial claim - Findingown data
About half of the women described an event that involved physical abuse.
“About half of the women described an event that involved physical abuse.”
Quote in the paperNot a substantial claim - Findingown data
In the study, issues of children's well-being and custody arrangements were foremost in victims' minds when deciding whether to leave abusive relationships.
“In our study, issues of children's well-being and custody arrangements were foremost in the victims' minds when deciding whether or not to leave the abusive relationships.”
Quote in the paperSubstantial claim - Findingown data
Children who talked about the violence they witnessed were less likely to have adjustment problems than children who remained silent about those events.
“An interesting finding arising from these data was that children who talked about the violence they witnessed were less likely to have adjustment problems in comparison to children who remained silent about these events.”
Quote in the paperNot a substantial claim - Findingown data
Over 34% of women were referred to mediation and felt pressured to attend due to litigation costs or legal advice to appear cooperative.
“More than 34% of the women were referred to mediation and felt pressured to attend because of the cost of litigation, or on the basis of legal advice to make a good impression by appearing cooperative.”
Quote in the paperSubstantial claim - Findingown data
Based on maternal reports, many children were affected by exposure to domestic violence.
“Based on maternal reports of children's problems at home and school, many of the children were affected by the exposure to domestic violence.”
Quote in the paperSubstantial claim - Findingown data
Satisfaction with lawyers was evenly divided, depending on whether women felt the lawyer understood domestic violence dynamics.
“Women's satisfaction with lawyers was split 50/50, depending on the sense of whether or not there was an understanding of the dynamics of domestic violence.”
Quote in the paperNot a substantial claim - Findingown data
The more the children feared their father, the more significant their anxiety and depression symptoms were.
“The more the children feared their father, the more significant anxiety and depression symptoms were present.”
Quote in the paperSubstantial claim - Findingown data
Contrary to assumptions that a victim would automatically prevent access, the majority of women wanted their children to have a positive relationship with their father if safety needs could be addressed.
“Contrary to assumptions that a victim of domestic violence would automatically attempt to prevent access between the batterer and their children, the majority of women wanted the children to have a positive relationship with their father if safety needs could be addressed.”
Quote in the paperSubstantial claim - Findingown data
The most common reason abused women gave for leaving their partner was fear for their children's safety and their own.
“The most common reason given by abused women for leaving their partner was fear for their children's safety, as well as their own.”
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Children's adjustment was associated with the nature of their relationship to their father.
“In addition, children's adjustment was associated with the nature of their relationship to their father.”
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Most abused women in the study reported high dissatisfaction with lawyers, courts, and court-related services like mediation and custody evaluations.
“The majority of abused women in our study described a high level of dissatisfaction with lawyers, courts, and court-related services such as mediation and custody evaluations.”
Quote in the paperSubstantial claim - Findingown data
In the study, 91% of the children had been exposed to domestic violence during infancy.
“In our study, most of the children (91%) had been exposed to domestic violence during their infancy.”
Quote in the paperNot a substantial claim - Findingown data
The study results suggested that court-related services were insensitive to domestic violence dynamics.
“Further, the results of our study suggested that courtrelated services were also insensitive to the dynamics of domestic violence.”
Quote in the paperSubstantial claim - Findingreasoning
The longer the children had gone without seeing their father, the greater the improvement in their overall adjustment.
“The longer the children had gone without seeing their father, the greater the improvement in their overall adjustment.”
Quote in the paperSubstantial claim - Findingown data
Only 25% of women pressured into mediation felt the mediator made them safe and understood the abusive relationship.
“Only 25% of those women pressured into mediation felt that the mediator made them feel safe and was cognizant of the dynamics of the abusive relationship.”
Quote in the paperSubstantial claim - Findingown data
Almost one-third of the children experienced violence on an ongoing basis through each developmental stage into adolescence.
“Almost a third of the children experienced this violence on an ongoing basis through each stage of their development into their adolescence.”
Quote in the paperSubstantial claim - Findingown data
An influential factor in staying was the perpetrator's threat to gain custody of the children if the victim terminated the relationship.
“An influential factor in staying was the perpetrator's threat to gain custody of the children in the eventuality that the victim decided to terminate the relationship.”
Quote in the paperSubstantial claim - Findingown data
Victims saw a lawyer as effective when the lawyer listened well and asked about safety and the children's well-being.
“Abuse victims perceived a lawyer to be effective when he or she appeared to be a good listener and inquired about issues related to safety and the children's well-being.”
Quote in the paperSubstantial claim - Findingown data
In 50% of cases where domestic violence was clearly raised in interviews, the report did not mention its impact or relevance to custody/access, according to victims.
“In 50% of the cases where the issues of domestic violence were clearly raised during interviews, the impact of this violence and its relevance for custody/access arrangements were not mentioned in the report, according to the victims' accounts.”
Quote in the paperSubstantial claim - Findingown data
In 25% of cases, women felt child custody assessors minimized or ignored domestic violence history.
“In 25% of the cases, women felt that the history of domestic violence was minimized or ignored.”
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In half of the families, the children were victims of physical abuse in incidents separate from the abuse of their mothers.
“In half of the families, the children were victims of physical abuse in incidents totally separate from the abuse of their mothers.”
Quote in the paperSubstantial claim - Findingown data
Some mothers thought the court treated harm to their children as less important than settling the case quickly.
“In some cases, mothers felt that the harm to these children was seen as secondary to the court in comparison to the pressure to settle the case as quickly as possible.”
Quote in the paperSubstantial claim - Findingown data
Many women in the study were frustrated that courts overlooked their view that domestic violence harmed their children.
“Many of the women in our study expressed frustration that their perceptions of the harm their children experienced from domestic violence was overlooked in the court system.”
Quote in the paperSubstantial claim - Findingown data
Variability among judges deciding child custody highlighted inconsistency in service provider quality and sensitivity.
“The inconsistency in quality and sensitivity of service providers was highlighted by the variability of the judges who made decisions about child custody.”
Quote in the paperSubstantial claim - Findingown data
The complexity of custody disputes involving domestic violence required more time and expertise than the women received.
“The complexity of child custody disputes with domestic violence required time and expertise beyond what they were offered.”
Quote in the paperSubstantial claim - Findingown data
Some women went heavily into debt to obtain needed services.
“Some women had to go heavily into debt to access required services.”
Quote in the paperNot a substantial claim - Findingown data
Most victims wanted schools to partner effectively by training teachers and providing resources to help these children cope.
“The majority of victims wanted the school system to be an effective partner in this response by training teachers around these issues and providing adequate resources to help these children cope with their difficult circumstances.”
Quote in the paperNot a substantial claim - Findingown data
Despite years of abuse and frustration accessing services, the women in the study remained hopeful that courts and community services could greatly improve future interventions.
“Despite suffering from years of abuse and great frustrations in accessing appropriate services, the women in our study maintained hope that our courts and community services could dramatically improve the interventions available for future women and children in crisis.”
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Women had contact with multiple agencies and services beyond the court system.
“Beyond access to the court system, women had contact with multiple agencies and services.”
Quote in the paperSubstantial claim - Findingown data
Victims were highly satisfied with specialized domestic violence services.
“Victims had a high level of satisfaction with specialized domestic violence services.”
Quote in the paperSubstantial claim - Findingnone given
Many abused women recalled feeling overwhelmed at the crisis point of leaving an abusive partner and confused by the maze of services and choices.
“Many abused women remember feeling overwhelmed at a crisis point while leaving their abusive partner and confused by the maze of services and choices ahead of them.”
Quote in the paperNot a substantial claim - Findingown data
Many women said separation stress and fear were compounded by difficulty accessing ongoing services and support.
“A significant number of women described that the stress and fear from the separation seemed to be compounded by the difficulty in accessing ongoing services and support.”
Quote in the paperSubstantial claim - Findingown data
75% of the women applied for financial assistance for legal services.
“Seventy-five percent of the women applied for financial assistance for legal services.”
Quote in the paperNot a substantial claim - Findingown data
Many victims wanted enhanced and flexible services for themselves and their children.
“Many victims also wanted enhanced and flexible services to meet the needs of themselves and their children.”
Quote in the paperSubstantial claim - Findingown data
25% of those women were denied assistance because of the family law dispute's nature or because they had savings or a house as collateral.
“Twentyfive percent of these women were denied assistance because of the nature of the family law dispute or because they had savings or a house to use as collateral.”
Quote in the paperNot a substantial claim - Premisecitation
Physical abuse, stalking, and harassment may continue at significant rates after separation.
“Furthermore, physical abuse, stalking, and harassment may continue at significant rates post-separation (Statistics Canada, 2001).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Statistics Canada, 2001
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- Premisecitation
In a study of abusive men referred to a parenting group, using custody proceedings to control or harass former partners was a strategy commonly identified by the men themselves.
“In a study of abusive men referred to a parenting group, the use of custody proceedings to control or harass former partners was a strategy commonly identified by the men themselves (Scott,Crooks, Francis, & Kelly, 2002).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Scott, Crooks, Francis, & Kelly, 2002
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- Premisecitation
Among parents referred for counseling after failed mediation or continuing custody disputes, 70% to 75% described marital histories that included physical aggression.
“Between 70% and 75% of these parents who were referred by the family court for counseling because of failed mediation or continuing disputes over the care of their children described marital histories that included physical aggression (Johnston & Campbell, 1988).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Johnston & Campbell, 1988
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- Premisecitation
Legislative changes are frequently not accompanied by corresponding changes in actual practice.
“Changes in legislation are often not matched by changes in actual practice in the field (Jaffe, Crooks, & Wolfe, 2003).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Jaffe, Crooks, & Wolfe, 2003
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- Premisecitation
Attempting to leave a violent partner while having children is one of the most significant factors associated with severe domestic violence and death.
“Attempts to leave a violent partner, with children, is one of the most significant factors associated with severe domestic violence and death (Websdale, 1999).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Websdale, 1999
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- Interpretationcitation
Abused women often continue to face risks from their partner after separation.
“Reality: Abused women often face continuing risks from their partner after separation.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Statistics Canada, 2001
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- cites Scott, Crooks, Francis, & Kelly, 2002
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- Premisecitation
Children exposed to domestic violence may show emotional and behavioral problems comparable to those of children who were directly physically or sexually abused.
“Children who are exposed to domestic violence may show comparable levels of emotional and behavioral problems to children who were the direct victims of physical or sexual abuse (Jaffe,Wolfe, & Wilson, 1990).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Jaffe, Wolfe, & Wilson, 1990
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- Premisecitation
Other identified difficulties include compromised social and academic development.
“Other identified difficulties include compromised social and academic development (Moore, Pepler, Mae, & Kates, 1989).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Moore, Pepler, Mae, & Kates, 1989
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- Premisereasoning
Separation is a critical period for risk markers associated with recidivism, dangerousness, and lethal violence in domestic relationships.
“Researchers who have tried to identify risk markers associated with recidivism, dangerousness,and lethal violence in domestic relationships have consistently identified the process of separation as a critical period.”
Quote in the paperSubstantial claim - Premisecitation
Exposure to domestic violence in childhood is associated with significant problems in adult social adjustment.
“Exposure to domestic violence in childhood is also associated with significant problems in adult social adjustment (Henning, Leitenberg, Coffey, Turner, & Bennett, 1996).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Henning, Leitenberg, Coffey, Turner, & Bennett, 1996
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- Premisecitation
According to Statistics Canada (2001), 24% of domestic violence victims reported that the violence became more serious after separation.
“According to Statistics Canada (2001), 24% of domestic violence victims reported that the violence became more serious after separation.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Statistics Canada, 2001
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- Premisecitation
In one study, 25% of women reported that their lives were threatened during access.
“In one study, 25% of the women reported that their lives were threatened during access (Leighton, 1989).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Leighton, 1989
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- Premisecitation
Difficulties experienced by child witnesses can include trauma symptoms such as nightmares, flashbacks, hypervigilance, depression, and regression to earlier developmental stages.
“In addition to emotional and behavioral problems, difficulties experienced by child witnesses can encompass a variety of trauma symptoms, including nightmares, flashbacks, hypervigilance, depression, and regression to earlier stages of development (Graham-Bermann & Levendosky, 1998).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Graham-Bermann & Levendosky, 1998
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- Premisecitation
Among 2,500 families entering mediation in California, about 75% of parents reported that domestic violence had occurred during the relationship.
“Of 2,500 families entering mediation in California, approximately 75% of parents indicated that domestic violence had occurred during the relationship (Hirst, 2002).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Hirst, 2002
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- Premisecitation
39% of domestic violence victims reported that the violence first started after separation.
“Thirty-nine percent reported that the violence first started after separation.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Statistics Canada, 2001
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- Interpretationcitation
Threats to obtain custody are often used by abusers as weapons against abuse victims to enhance power and control after separation.
“Indeed, threats to obtain custody are often used by abusers as weapons against the abuse victims to enhance power and control post-separation.”
Quote in the paperSubstantial claim - Premisecitation
Children exposed to domestic violence may suffer significant emotional and behavioral problems related to the traumatic experience.
“Reality: Children exposed to domestic violence may suffer from significant emotional and behavioral problems related to this traumatic experience.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Wolfe, Crooks, Lee, McIntyre-Smith, & Jaffe, 2003
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- cites Jaffe, Wolfe, & Wilson, 1990
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- Premisecitation
In one sample of parents referred by a court for child custody evaluations, domestic violence was raised in 75% of cases.
“For example,in a review of one sample of parents referred for child custody evaluations by the court, domestic violence was raised in 75% of the cases (Jaffe & Austin, 1995).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Jaffe & Austin, 1995
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- Premisecitation
In Canada, the spousal homicide rate for separated women is more than 25 times higher than for married women.
“In Canada, the rate of spousal homicide for separated women has been identified to be more than 25 times higher compared to married women (Johnson & Bunge, 2001).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Johnson & Bunge, 2001 source
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- Premisecitation
The majority of victims who suffer serious harm and live in fear of their partners are women.
“Although we recognize that men can also be victims of domestic violence, the majority of victims who suffer serious harm and live in fear of their partners are women (Statistics Canada, 2001;Tjaden & Thoennes, 2000).”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Statistics Canada, 2001
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- cites Tjaden & Thoennes, 2000
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- Interpretationreasoning
Access to children can be abused by batterers as a means to get access to their former spouses.
“In addition, access to children can be abused by batterers to get access to their former spouses.”
Quote in the paperSubstantial claim - Premisecitation
Perpetrators may engage in alienating and blaming behaviors that lead to loyalty conflicts and compromise children's ability to cope with separation.
“Additionally, they may be involved in alienating and blaming behaviors, which lead to loyalty conflicts and compromise the children's ability to cope with the separation (Bancroft & Silverman, 2002).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Bancroft & Silverman, 2002
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- Interpretationreasoning
The foundations for successful shared parenting-trust, communication, respect, and equality-have been seriously eroded by past abusive behavior.
“The foundations for a successful shared parenting plan or regular contact-trust, communication, respect, and equality-have been seriously eroded by past abusive behavior.”
Quote in the paperSubstantial claim - Interpretationcitation
Courts often lack the independent evidence they require.
“Since the majority of abuse victims do not contact the police, independent evidence required by the courts is often lacking (Statistics Canada, 2001).”
Quote in the paperSubstantial claim - Premisecitation
Domestic violence perpetrators may indirectly affect their children's relationship with the nonoffending parent by undermining that parent.
“Domestic violence perpetrators may have an indirect impact on their children's relationship with the nonoffending parent by undermining that parent.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Bancroft & Silverman, 2002
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- Premisecitation
Even if contact between the perpetrator and the children's mother ceases, batterers may continue to expose their children to violence in subsequent intimate relationships and thereby continue to traumatize them.
“Even if contact between the perpetrator and the children's mother is ceased, batterers may continue to expose their children to violence in subsequent intimate relationships and thereby may continue to traumatize their children (Woffordt, Mihalic, & Menard, 1994).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Woffordt, Mihalic, & Menard, 1994
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- Interpretationreasoning
Most abused women struggle to prove abuse in family court because corroborating evidence is insufficient.
“Most abused women have difficulty proving their abuse in family court proceedings because of insufficient corroborating evidence.”
Quote in the paperSubstantial claim - Premisecitation
Identification of domestic violence suggests a 40% to 70% probability that direct abuse of children may be occurring.
“Therefore, the identification of domestic violence suggests a 40% to 70% probability that direct abuse of children may be occurring (Edleson, 1999).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Edleson, 1999
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- Premisecitation
Most abuse victims do not contact police.
“Since the majority of abuse victims do not contact the police, independent evidence required by the courts is often lacking (Statistics Canada, 2001).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Statistics Canada, 2001
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- Interpretationcitation
Even when domestic violence is formally recognized, it may be missed in custody and access decisions.
“Even when the domestic violence is formally recognized, its relevance in determining child custody and access plans may be missed.”
Quote in the paperSubstantial claim - Premisecitation
Abused women often feel re-victimized by how the court system responds to violence.
“Abused women often feel re-victimized by the court system's response to the violence.Rather than finding safety, protracted disputes may put the women and children at further risk (Sinclair, 2000).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Sinclair, 2000
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- Interpretationreasoning
Domestic violence has an impact on victims and children that is not conducive to an ongoing secure and safe relationship with the batterer.
“Domestic violence has an impact on victims and their children that is not conducive to an ongoing secure and safe relationship with the batterer.”
Quote in the paperSubstantial claim - Premisecitation
Recent research confirms a gap between these guidelines and professional practice.
“The gap between these guidelines and professional practice has been confirmed by recent research (Logan et al., 2002;Horvath et al., 2002).”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Logan et al., 2002
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- cites Horvath et al., 2002
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- Interpretationreasoning
The way batterers and victims present makes accurate assessment of their parenting competence in custody proceedings difficult.
“The presentation of batterers and victims is such that their competence as parents in child custody proceedings is difficult to accurately assess.”
Quote in the paperSubstantial claim- Rests on an assumption: Most batterers show no obvious mental health problems.
- Rests on an assumption: Many victims experience various trauma symptoms linked to their abuse.
- Interpretationreasoning
Even after domestic violence is raised and validated, decision-makers may still overlook it.
“third, even when domestic violence has been raised and validated, it may be overlooked in the decision-making process.”
Quote in the paperSubstantial claim - Premisecitation
Protracted disputes may put women and children at greater risk instead of providing safety.
“Rather than finding safety, protracted disputes may put the women and children at further risk (Sinclair, 2000).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Sinclair, 2000
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- Interpretationown data
Family courts, lawyers, and court-related services frequently fail to give domestic violence the importance it deserves.
“Reality: The significance of domestic violence is often overlooked by family courts, lawyers, and court-related services.”
Quote in the paperSubstantial claim - Premisecitation
Psychologist guidelines for child custody evaluations include assessing domestic violence history when determining primary custody suitability.
“For example, guidelines for psychologists completing child custody evaluations include the importance of assessing a history of domestic violence in determining the suitability of a parent for primary custody of children (American Psychological Association, 1996).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites American Psychological Association, 1996
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- Premisecitation
When violence allegations are made, joint sessions with both perpetrator and victim occur in over 40% of cases.
“in cases where allegations of violence are made, joint sessions between the perpetrator and the victim are held more than 40% of the time (Hirst, 2002).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Hirst, 2002
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- Premisecitation
Perpetrators are poor role models for children in how to moderate emotions, control anger, and engage in healthy and nurturing relationships.
“Beyond the relationship dynamics with the victimized parent,perpetrators are poor role models for children in how to moderate emotions, control anger, and engage in healthy and nurturing relationships (Cummings, Iannotti, & Zahn-Waxler, 1985;Bancroft & Silverman, 2002).”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Cummings, Iannotti, & Zahn-Waxler, 1985
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- cites Bancroft & Silverman, 2002
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- Interpretationreasoning
Domestic violence is highly relevant to child custody determinations by courts and court-related services.
“Reality: Domestic violence is highly relevant to the determination of child custody by courts and courtrelated services.”
Quote in the paperSubstantial claim - Premisecitation
Isolation, poverty, and immigrant status can worsen this situation.
“This situation can be further exacerbated by barriers such as isolation, poverty, and immigrant status (Vascoe, Jaffer, & Irwin, 2002).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Vascoe, Jaffer, & Irwin, 2002
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- Interpretationreasoning
A parent's experience of domestic violence can shape how that parent appears during an evaluation.
“second, the experience of domestic violence can affect the way in which victimized parents present in an evaluation”
Quote in the paperSubstantial claim - Interpretationcitation
Mediation does not necessarily respond appropriately even when violence is disclosed.
“Even when violence is raised, the mediation process is not necessarily responsive.”
Quote in the paperSubstantial claim - Interpretationreasoning
Abused women often have difficulty obtaining appropriate legal and mental health counseling for themselves and their children.
“Reality: Abused women often experience difficulty accessing appropriate legal and mental health counseling services for themselves and their children.”
Quote in the paperSubstantial claim - Premisecitation
Custody and access evaluations do not always reflect documented domestic violence in the assessor's recommendations.
“Recent research has noted that documentation of domestic violence in a custody and access evaluation is not always reflected in the recommendations of the assessor (Logan, Walker, Jordan, Horvath, & Leukefeld, 2002;Horvath, Logan, & Walker, 2002).”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Logan, Walker, Jordan, Horvath, & Leukefeld, 2002
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- cites Horvath, Logan, & Walker, 2002
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- Interpretationreasoning
Domestic violence is very hard to substantiate.
“Furthermore, domestic violence is notoriously difficult to substantiate.”
Quote in the paperSubstantial claim - Interpretationcitation
Innovative programs for batterers, victims, and children exposed to violence are being implemented and evaluated nationwide.
“Innovative programs for batterers, victims, and children exposed to violence are being implemented and evaluated across the country.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Many emerging community and court innovations respond to women and children separating from an abusive parent.
“Reality: There are many emerging community and court innovations in responding to women and children separating from an abusive parent.”
Quote in the paperSubstantial claim - Premisecitation
There are hopeful signs that batterers change when intervention is embedded in a broader community and court response.
“In the field of batterer intervention, there are some hopeful signs that perpetrators do change when the intervention is embedded in an overall community and court response (Gondolf, 2001).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Gondolf, 2001
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- Premisecitation
Abused women can receive meaningful support from knowledgeable agencies that counsel children and coordinate with other systems and providers.
“As well, abused women can find meaningful support from knowledgeable agencies, which provide counseling for children and network with other systems and service providers (Vascoe et al., 2002).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Vascoe et al., 2002
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- Interpretationreasoning
The promising practices reviewed suggest this hope is justified.
“Promising practices reviewed here suggest that this hope is well-founded.”
Quote in the paperNot a substantial claim - Premisecitation
Group psychoeducational model programs for children exposed to domestic violence show promise as a community strategy for dealing with its aftermath.
“For example, effective model programs based on a group psychoeducational approach for children exposed to domestic violence have shown promise as a community strategy to deal with the aftermath of domestic violence (Graham-Bermann, 2001).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Graham-Bermann, 2001
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- Premisecitation
These reforms have strengthened requirements for courts and court-related services to prioritize safety of abused women and children.
“These legislative reform efforts have enhanced requirements for courts and court-related services to make safety of abused women and their children a priority (Jaffe, Lemon, & Poisson, 2003;National Council of Juvenile and Family Court Judges, 2002).”
Quote in the paperSubstantial claim0 of 2 sources checked- cites Jaffe, Lemon, & Poisson, 2003
Not checked in the free run.
- cites National Council of Juvenile and Family Court Judges, 2002
Not checked in the free run.
- Premisecitation
In California, custody evaluators must complete 16 hours of domestic violence training, including 12 classroom hours and 4 networking hours with service providers, before court acceptance as qualified evaluators.
“For example, in California, custody evaluators must attend 16 hours of training specifically on domestic violence (12 hours classroom and 4 hours networking with domestic violence service providers) before being accepted by the court as a qualified evaluator (Family Violence and Sexual Assault Institute, 2000).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Family Violence and Sexual Assault Institute, 2000
Not checked in the free run.
- May combine two claims. 29
- Classified as probably not a substantial claim. 4
May combine two claims.
Findingown dataThe abuse included putdowns, encouraging children to live with their father, and coaching children to make false allegations of abuse by their mother.
“The abuse included putdowns, encouraging children to live with their father, and coaching children to make false allegations of abuse by their mother.”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataMore than half of the women experienced abuse after separation, often psychological or verbal abuse related to custody proceedings.
“More than half of the women had experienced abuse post-separation, and this often took the form of psychological or verbal abuse related to custody proceedings”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataIn the study, most women experienced some type of abuse following separation, and its nature and extent were comparable to abuse during the marriage.
“In our study, most of the women had experienced some type of abuse following separation, and the nature and extent were comparable to the abuse experienced during the marriage.”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataMost women reported that the abuse was primarily verbal (60%) and involved emotional or psychological abuse.
“Most women reported that the abuse was primarily verbal in nature (60%) and involved some type of emotional or psychological abuse.”
Quote in the paperNot a substantial claimMay combine two claims.
Findingown dataLarge percentages of women described financial abuse: financially ruining women (61%), hiding money or quitting a job to reduce support (56%), threatening employment (43%), and spending joint bank account money (41%).
“A large percentage of women also described various types of financial abuse including financially ruining women (61%), hiding money or quitting a job to reduce support payments (56%), threatening a woman's employment or opportunities to work (43%), and spending money in the joint bank account (41%).”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataSeveral women described a high level of sexual abuse, noting that marital rape was common but rarely disclosed.
“Several women described a high level of sexual abuse.These women noted that marital rape was a common occurrence in their relationships, but one that was rarely disclosed.”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataMost women in the study said they did not know how to get legal services and relied on friends, family, or community services.
“In our study, the majority of the women reported that they did not know how to access legal services and were dependent on friends, family, or various community services.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Findingown dataMany participants believed that judges and lawyers often ignored children's adjustment problems.
“In their view, adjustment problems were often ignored by professionals, including judges and lawyers.”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataChildren's immediate reactions included yelling (63%), calling someone for help (19%), or becoming physically involved (29%).
“Children's immediate reactions included yelling (63%), calling someone for help (19%), or becoming physically involved (29%).”
Quote in the paperNot a substantial claimMay combine two claims.
Findingown dataJudges differed in their knowledge of domestic violence and in how much weight they gave it.
“Different judges varied in their knowledge about domestic violence and the weight that this issue should receive.”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataSignificant behavior problems related to aggression (35%) or anxiety and depression (21%) were common.
“Significant behavior problems related to aggression (35%) or anxiety and depression (21%) were common.”
Quote in the paperNot a substantial claimMay combine two claims.
Findingown dataChildren were directly threatened but not physically harmed in 42% of circumstances; harmed directly and intentionally in 27%; and harmed indirectly and accidentally in 45%.
“The children were directly threatened but not physically harmed in some circumstances (42%) and in other circumstances, they were harmed, either directly and intentionally (27%) or indirectly and accidentally (45%).”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataWomen described ineffective lawyers as those who minimized abuse and were unprepared.
“Abused women's characterizations of ineffective lawyers were ones who minimized the abuse, were ill-prepared,”
Quote in the paperNot a substantial claimMay combine two claims.
Findingown dataAbused women were most satisfied with specialized services such as shelters and advocacy centers, and least satisfied with agencies and professionals who seemed insensitive to their abuse histories.
“Abused women had the greatest satisfaction with specialized services (shelters, advocacy centers) and least satisfaction with agencies and professionals who appeared insensitive to their abuse histories.”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataMost women recognized positive qualities in the batterers and sought a plan that would keep the children in regular contact with their fathers.
“Most women recognized positive qualities in the batterers and sought some plan that would keep the children in regular contact with their fathers.”
Quote in the paperSubstantial claimMay combine two claims.
Findingown dataMost women appreciated any legal help but felt only minimal service was available.
“Most women were grateful for any legal assistance but felt only minimal service was available.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Findingown dataThe women felt a more streamlined and centralized system would have improved their access to appropriate services.
“Reflecting on their experiences, they felt that a more streamlined and centralized system would have led to increased access to appropriate services.”
Quote in the paperNot a substantial claimMay combine two claims.
Findingown dataServices were usually inconsistent in advice and not coordinated with other agencies.
“More often than not, the services were neither consistent in their advice nor coordinated with other agencies.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
Findingown dataA major theme in the women's recommendations was that all professionals in various systems need training to better understand domestic violence, especially its impact on victims and children.
“A major theme in their recommendations focused on the need for training for all professionals in various systems to be better informed about domestic violence, especially the impact on victims and children exposed to this violence.”
Quote in the paperSubstantial claimMay combine two claims.
Findingnone givenMost abused women had serious concerns about their children's safety and well-being and felt legal, social service, and mental health professionals often overlooked those concerns.
“The majority of abused women expressed serious concerns about the safety and well-being of their children, and felt that these concerns were often overlooked by legal, social service, and mental health professionals.”
Quote in the paperSubstantial claim- Rests on an assumption: Many children of abused women have emotional and behavioral problems.
May combine two claims.
PremisecitationIn adolescence, exposure to domestic violence is associated with drug and alcohol abuse, truancy, violent dating relationships, and involvement in the juvenile justice system.
“In adolescence, exposure to domestic violence is associated with drug and alcohol abuse, truancy, violent dating relationships, and involvement in the juvenile justice system (Buel, 2002).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Buel, 2002
Not checked in the free run.
May combine two claims.
Study design and conductreasoningThe study sample of 62 female victims was not random; participants had accessed family court services after separating from an abusive partner.
“These victims of domestic violence do not represent a random sample, but rather women who had accessed family court services after separation from an abusive partner.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationExposure to violence in very young children suggests permanent negative changes in brain and neural development, altering the central nervous system and predisposing the individual to more impulsive, reactive, and violent behavior.
“The impact of vio-Fall 2003 • Juvenile and Family Court Journal lent environments on very young children suggests that permanent negative changes in the child's brain and neural development can occur, such as altering the development of the central nervous system,predisposing the individual to more impulsive, reactive, and violent behavior (Perry, 1995).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Perry, 1995
Not checked in the free run.
May combine two claims.
PremisecitationBatterers are more likely to apply for custody and equally likely to have it granted compared with nonviolent fathers.
“Research has shown that batterers are more likely to apply for custody and equally likely to have it granted in comparison to nonviolent fathers (Zorza, 1996).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Zorza, 1996
Not checked in the free run.
May combine two claims.
PremisecitationCourt outcomes may neglect victims' and children's safety and perpetrator accountability.
“As a result, the court outcome may overlook the basic issues of safety of the victims and their children,and accountability for the perpetrator's behavior (Gondolf, 2001).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Gondolf, 2001
Not checked in the free run.
May combine two claims.
PremisecitationEven when custody goes to the non-offending parent, the perpetrator may still get regular visitation, creating ongoing harassment, threats, and abuse.
“Furthermore, even if custody is awarded to the non-offending parent in the case of domestic violence, regular visitation may still be awarded to the perpetrator, providing ongoing opportunities of harassment, threats, and abuse (Shaffer & Bala, in press).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Shaffer & Bala, in press
Not checked in the free run.
May combine two claims.
PremisecitationPoverty limits legal assistance, forcing abused women to choose between representing themselves or using inadequate counsel with too few hours or little relevant experience.
“Access to legal assistance is limited by poverty, forcing abused women to choose between self-representation or an inadequate counsel hamstrung by minimal hours or lack of experience and specialization in the field (Neilson, 2001).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Neilson, 2001
Not checked in the free run.
May combine two claims.
Interpretationown dataWomen may either not mention domestic violence in custody proceedings or mention it but struggle to prove it.
“first, women may not raise the issue at all, or conversely, raise the issue but have difficulty proving the violence”
Quote in the paperSubstantial claim- Rests on an assumption: Most domestic violence victims do not disclose their victimization during mediation.
May combine two claims.
PremisecitationThis presentation reduces survivors' effectiveness in court and can lead to negative inferences about their attitudes, parenting, and support for the other parent's relationship.
“This presentation undermines their effectiveness in dealing with the court system and may result in adverse inferences drawn about their attitudes, parenting skills, and ability to promote a relationship with the other parent (Jaffe & Geffner, 1998).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites Jaffe & Geffner, 1998
Not checked in the free run.
- Rests on an assumption: Abuse survivors may appear angry, distrustful, and suspicious to court-related professionals.
May combine two claims.
InterpretationcitationGuidelines on domestic violence exist for most court-related services and are endorsed by professional bodies, but widespread implementation and adherence have not been achieved.
“Although guidelines that underscore the importance of domestic violence have been developed for most court-related services and endorsed by various professional bodies, the widespread implementation of, and adherence to, these principles has not yet been achieved.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationLimited access to legal representation may contribute to abused women staying in or returning to abusive relationships in up to half of cases.
“Some research has indicated that limited access to legal repre-sentation may be a factor for abused women remaining or returning to abusive relationships in as many as half of the cases (Ontario Association for Interval & Transition Houses, 1996).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Ontario Association for Interval & Transition Houses, 1996
Not checked in the free run.
May combine two claims.
PremisecitationResearchers and practitioners continually develop and improve instruments to predict batterers' future dangerousness and consequences for victims and children.
“For example, researchers and practitioners in the area of domestic violence are continuously developing new instruments and improving existing ones in an effort to predict future dangerousness of batterers, as well as the consequences to their victims and children (Campbell, Sharps, & Glass, 2000).”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites Campbell, Sharps, & Glass, 2000
Not checked in the free run.
May combine two claims.
InterpretationcitationNumerous emerging legislative solutions recognize domestic violence's relevance in custody disputes and try to address the concerns noted.
“Indeed, there are numerous emerging legislative solutions being drafted that recognize the relevance of domestic violence in child custody disputes and attempt to redress some of the concerns noted here.”
Quote in the paperNot a substantial claim
The paper relies on this without support.
Almost all U.S. states have changed child custody laws to include domestic violence as a factor or to create a rebuttable presumption against a batterer having sole or joint custody.
“Almost all U.S. states have changed child custody laws to either include domestic violence as a factor that judges have to consider in determining custody or have created a rebuttable presumption that a batterer will not have sole or joint custody.”
The paper relies on this without support.
Approximately 20% of divorcing couples require greater intervention by lawyers, court-related personnel, and judges.
“Approximately 20% of divorcing couples require greater intervention by lawyers, court-related personnel (such as mediators and evaluators), and judges.”
The paper relies on this without support.
The friendly parent construct is widely adopted by judges, family law lawyers, mediators, and evaluators.
“In particular, the friendly parent construct is widely adopted by judges, family law lawyers, mediators,and evaluators to reward the parent who is most likely to promote contact and a positive relationship with children to the other parent.”
The paper relies on this without support.
Service providers at shelters for abused women document that domestic violence survivors are re-victimized and endangered by child custody and visitation arrangements that allow batterers regular opportunities to renew threats and maintain power and control.
“Service providers such as staff at shelters for abused women continue to document how domestic violence survivors are re-victimized and even endangered by child custody and visitation arrangements that allow batterers regular opportunities to renew threats and maintain power and control of former spouses.”
The paper relies on this without support.
The women's responses, although from a nonrandom sample, illustrate issues that have been identified in the literature.
“Although this sample was not random, the women's responses serve to illustrate issues that have been identified in the literature.”
The paper relies on this without support.
Most domestic violence victims do not disclose their victimization during mediation.
“Even though mediation regulations require the identification of domestic violence as a mandatory screening criterion, the majority of victims of domestic violence do not raise concerns about their victimization in mediation.”
The paper relies on this without support.
Courts have grown more skeptical of parents who raise domestic violence allegations in custody disputes.
“This evidence is increasingly critical as courts have become more skeptical about the motivation of parents raising domestic violence allegations in the context of a custody dispute.”
The paper relies on this without support.
Most batterers show no obvious mental health problems.
“Most batterers present with no obvious mental health problems.”
The paper relies on this without support.
Many victims experience various trauma symptoms linked to their abuse.
“In comparison, many victims suffer from a variety of trauma symptoms related to their abuse.”
The paper relies on this without support.
Abuse survivors may appear angry, distrustful, and suspicious to court-related professionals.
“Furthermore, abuse survivors may present as angry, distrustful, and suspicious with all professionals related to the court proceedings.”
The paper relies on this without support.
Mediation regulations make identifying domestic violence a mandatory screening criterion.
“Even though mediation regulations require the identification of domestic violence as a mandatory screening criterion,”
The paper relies on this without support.
Many children of abused women have emotional and behavioral problems.
“Since many of these children exhibit emotional and behavioral problems, access to services is essential.”
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Cited by
Sorted by citations
Secondary Victimization: Domestic Violence Survivors Navigating the Family Law System
Laing, L. (2016) · Violence Against Women · doi:10.1177/1077801216659942 · Cited by 162 · see citing works
A Historical Perspective on Parental Alienation Syndrome and Parental Alienation
Meier, J. S. (2009) · Journal of Child Custody · doi:10.1080/15379410903084681 · Cited by 118 · see citing works
Zeoli, A. M., Rivera, E. A., Sullivan, C. M., & Kubiak, S. (2013) · Journal of Family Violence · doi:10.1007/s10896-013-9528-7 · Cited by 106 · see citing works
“Previous research has established that, in many cases, IPV does not end upon separation (Fleury et al. 2000; Hardesty 2002; Hardesty and Chung 2006; Jaffe et al. 2003; Johnson et al. 2005; Kurz 1996; Slote et al. 2005).”
BackgroundToews, M. L., & Bermea, A. M. (2015) · Journal of Interpersonal Violence · doi:10.1177/0886260515591278 · Cited by 83 · see citing works
“Previous research has found that men use a variety of tactics to control their former wives post-separation (e.g., Brownridge et al., 2008; Hayes, 2012; Jaffe et al., 2003; Zeoli et al., 2013).”
BackgroundResultInfluentialHaselschwerdt, M. L., Hardesty, J. L., & Hans, J. D. (2011) · Journal of Interpersonal Violence · doi:10.1177/0886260510370599 · Cited by 63 · see citing works
“Custody evaluators minimize the relevance of DV allegations in custody decisions when they believe that DV against one’s partner has no bearing on one’s ability to be a good parent (Jaffe et al., 2003a).”
BackgroundInfluentialNo way to turn: Traps encountered by many battered women with negative child custody experiences
Saunders, D. G., & Oglesby, K. H. (2016) · Journal of Child Custody · doi:10.1080/15379418.2016.1213114 · Cited by 61 · see citing works
Sheehy, E., & B. Boyd, S. (2020) · Journal of Social Welfare and Family Law · doi:10.1080/09649069.2020.1701940 · Cited by 56 · see citing works
“Litigated family disputes feature allegations of IPV and/or child abuse in disproportionately high numbers (Jaffe et al. 2003).”
BackgroundPower and Control in the Legal System: From Marriage/Relationship to Divorce and Custody
Watson, L. B., & Ancis, J. R. (2013) · Violence Against Women · doi:10.1177/1077801213478027 · Cited by 50 · see citing works
Natalier, K. (2018) · Feminist Legal Studies · doi:10.1007/s10691-018-9376-1
“Researchers have noted that when a relationship ends, men withholding or limiting child support (termed child maintenance in some countries) may be perpetrating economic abuse (Jaffe et al. 2003; Varcoe and Irwin 2004; Patrick et al. 2007; Adams et al. 2008; Patrick et al. 2008; Toews and Bermea 2017) but no-one has e…”
BackgroundThe SAGE Handbook of Domestic Violence
Shackelford, T. K. (2021) · SAGE Publications Ltd eBooks · doi:10.4135/9781529742343 · Cited by 44 · see citing works
Indirect Abuse Involving Children During the Separation Process
Hayes, B. E. (2015) · Journal of Interpersonal Violence · doi:10.1177/0886260515596533 · Cited by 45 · see citing works
“Despite their aim when first adopted, some judicial outcomes of child custody procedures have created opportunities for abusers to further manipulate former partners with little risk attached (Jaffe et al., 2003; Logan & Walker, 2004; Saunders, 1994; Shepard, 1992).”
Background“I Am Still Afraid of Her”: Men's Experiences of Post-Separation Abuse
Bates, E. A. (2019) · Partner Abuse · doi:10.1891/1946-6560.10.3.336 · Cited by 41 · see citing works
“Jaffe et al. (2003) found more than half the women in their sample had experience abuse postseparation that often related to psychological or emotional abuse around the custody negotiations.”
BackgroundInfluentialMarital violence and coparenting quality after separation.
Hardesty, J. L., Crossman, K. A., Khaw, L., & Raffaelli, M. (2016) · Journal of Family Psychology · doi:10.1037/fam0000132 · Cited by 42 · see citing works
A Framework for Addressing Allegations of Domestic Violence in Child Custody Disputes
Jaffe, P. G., Crooks, C. V., & Bala, N. C. (2009) · Journal of Child Custody · doi:10.1080/15379410903084517 · Cited by 37 · see citing works
“There are legitimate issues related to false allegations and proof of claims, but it should be appreciated that denial and minimization of abuse by genuine abusers are significantly more common than false or exaggerated claims of spousal abuse by alleged victims (Jaffe, Lemon, & Poisson, 2003 ).”
BackgroundSelf-citationJaffe, P. G., & Juodis, M. (2006) · Juvenile and Family Court Journal · doi:10.1111/j.1755-6988.2006.tb00125.x · Cited by 38 · see citing works
Self-citationPartner Violence and Child Custody Cases: A Cross-National Comparison of Legal Reforms and Issues
Jaffe, P. G., & Crooks, C. V. (2004) · Violence Against Women · doi:10.1177/1077801204266447 · Cited by 37 · see citing works
Self-citationGetting Real About Abuse and Alienation: A Critique of Drozd and Olesen's Decision Tree
Meier, J. S. (2010) · Journal of Child Custody · doi:10.1080/15379418.2010.521032 · Cited by 35 · see citing works
Kaittila, A., Hakovirta, M., & Kainulainen, H. (2022) · Violence Against Women · doi:10.1177/10778012221127727 · Cited by 33 · see citing works
“Jaffe et al. (2003) showed that women who had experienced IPV reported that their former husbands had ruined them fi nancially, hidden money from them, taken money from their bank accounts, or quit jobs to reduce their child support payments.”
BackgroundJohnston, J. R., & Steegh, N. V. (2013) · Family Court Review · doi:10.1111/fcre.12009 · Cited by 31 · see citing works
Navigating Custody and Visitation Evaluations in Cases with Domestic Violence: A Judge’s Guide
Dalton, C., Drozd, L. M., Dunford‐Jackson, B. L., Sheeran, M., Abdelazim, N., Arrington, M. W., & Wong, F. Q. F. (2004) · Cited by 30 · see citing works
Johnson's Differentiation Theory: Is It Really Empirically Supported?
Meier, J. S. (2015) · Journal of Child Custody · doi:10.1080/15379418.2015.1037054 · Cited by 36 · see citing works
Fotheringham, S., Dunbar, J., & Hensley, D. (2013) · Journal of Family Violence · doi:10.1007/s10896-013-9511-3 · Cited by 26 · see citing works
“…custody and access disputes involving domestic abuse1 experience significant trauma including stress, depression, social isolation, academic challenges, suicidal tendencies, aggressive behavior, and self-harm (Bream and Buchanan 2003; Dalton et al. 2003; Jaffe et al. 2003; Kelly and Emery 2003).”
BackgroundResultInfluentialCompeting Conceptions of Victims of Domestic Violence within Legal Processes
Stubbs, J., & Wangmann, J. (2015) · Palgrave Macmillan UK eBooks · doi:10.1057/9781137383938_6 · Cited by 28 · see citing works
Bates, E. A., & Hine, B. A. (2023) · Partner Abuse · doi:10.1891/pa-2022-0021 · Cited by 24 · see citing works
Hultmann, O., & Broberg, A. G. (2015) · Journal of Interpersonal Violence · doi:10.1177/0886260515584335 · Cited by 22 · see citing works
Intervention for Abusive Fathers: Promising Practices in Court and Community Responses
SCOTT, K. L., & Crooks, C. V. (2006) · Juvenile and Family Court Journal · doi:10.1111/j.1755-6988.2006.tb00126.x · Cited by 22 · see citing works
Self-citationPreventing Violence Against Women: Engaging the Fathers of Today and Tomorrow
Crooks, C. V., Goodall, G. R., Baker, L. L., & Hughes, R. (2006) · Cognitive and Behavioral Practice · doi:10.1016/j.cbpra.2005.04.001 · Cited by 19 · see citing works
Self-citationHulley, J. L., Wager, K., Gomersall, T., Bailey, L., Kirkman, G., Gibbs, G. R., & Jones, A. (2022) · Journal of Interpersonal Violence · doi:10.1177/08862605221132776 · Cited by 26 · see citing works
“Researchers have suggested that abusive ex-spouses may use litigation as a form of coercive control, which in addition to representing emotional abuse functions as economic abuse, exacting unmanageable financial costs (Jaffe et al., 2003).”
BackgroundWitt, L., & Diaz, C. (2018) · Child & Family Social Work · doi:10.1111/cfs.12604 · Cited by 15 · see citing works
Boyle, Q., Illes, J., Simonetto, D., & van Donkelaar, P. (2022) · Journal of Law and the Biosciences · doi:10.1093/jlb/lsac023 · Cited by 14 · see citing works
The Trouble with Harman and Lorandos’ Parental Alienation Allegations in Family Court Study (2020)
Meier, J. S., Dickson, S., O’Sullivan, C. S., & Rosen, L. N. (2022) · Journal of Family Trauma Child Custody & Child Development · doi:10.1080/26904586.2022.2036286 · Cited by 10 · see citing works
Arguments Against a Presumption of Shared Physical Custody in Family Law
Kruk, E. (2018) · Journal of Divorce & Remarriage · doi:10.1080/10502556.2018.1454201 · Cited by 10 · see citing works
“Jaffe, Crooks, and Poisson (2003) estimated that in roughly 75% of contested custody cases, the father has physically abused the mother: “Joint custody is an attempt of males to continue dominance over females … an essential principle in the high conflict divorce arena is that joint custody and…”
BackgroundGodbout, É., Parent, C., & Saint‐Jacques, M. (2015) · International Journal of Law Policy and the Family · doi:10.1093/lawfam/ebv007 · Cited by 10 · see citing works
Jaffe, P. G. (2005) · Cited by 10 · see citing works
Self-citationViolencia basada en el género y el rol del Poder Judicial
Hasanbegovic, C. (2016) · Revista de la Facultad de Derecho · doi:10.22187/rdf201616 · Cited by 10 · see citing works
Grip, K. K. (2012) · Gothenburg University Publications Electronic Archive (Gothenburg University) · Cited by 9 · see citing works
Assessing Allegations of Domestic Violence
Gould, J. W., Martindale, D. A., & Eidman, M. H. (2008) · Journal of Child Custody · doi:10.1300/j190v04n01_01 · Cited by 9 · see citing works
“…psychology (Jaffe et al., 2003a) Horvath, Logan, & Walker, 2002; Johnston & Campbell, 1993; Logan, Walker, Jordan, & Horvath, 2002; Meier, 2003) and is of great interest to family court judges (Jaffe et al., 2003b; National Council of Juvenile and Family Court Judges, 1999; Schafran, 2003).”
InfluentialBates, E. A., & Taylor, J. C. (2021) · Partner Abuse · doi:10.1891/pa-d-20-0004 · Cited by 8 · see citing works
Le meilleur intérêt de l’enfant dont la garde est contestée : enjeux, contexte et pratiques
Godbout, É., Parent, C., & Saint‐Jacques, M. (2014) · Enfances Familles Générations · doi:10.7202/1025335ar · Cited by 8 · see citing works
La violencia en la postseparación: perspectivas de los profesionales de los puntos de encuentro
de la Calle, D. J. (2017) · doi:10.14201/gredos.137289 · Cited by 7 · see citing works
Child Custody Evaluations: In Cases Where Parental Alienation Is Alleged
Lorandos, D., & Bone, J. M. (2015) · Springer eBooks · doi:10.1007/978-3-319-13942-5_16 · Cited by 7 · see citing works
RetractedRoyal, K. (2022) · Journal of Gender-Based Violence · doi:10.1332/239868021x16381868127253 · Cited by 6 · see citing works
Araji, S. K. (2012) · Sociological Perspectives · doi:10.1525/sop.2012.55.1.3 · Cited by 6 · see citing works
Parenting-related abuse among women survivors of attempted intimate partner homicide
Avieli, H. (2024) · Child Abuse & Neglect · doi:10.1016/j.chiabu.2024.107119 · Cited by 5 · see citing works
Høigilt, A. M., & Bøe, T. D. (2021) · Australian and New Zealand Journal of Family Therapy · doi:10.1002/anzf.1451 · Cited by 5 · see citing works
Competing Conceptions of Victims of Domestic Violence within Legal ProcessesPreprint
Stubbs, J., & Wangmann, J. M. (2015) · SSRN Electronic Journal · doi:10.2139/ssrn.2627260 · Cited by 5 · see citing works
“We focus on victims of domestic violence who are mothers as being more likely to be subjected to particular scrutiny and to competing, and often conflicting, requirements and obligations (Jaffe et al. 2003; Hester 2010; Douglas and Walsh 2010; Kaye, Stubbs and Tolmie 2003).”
BackgroundLessard, G., Flynn, C., Turcotte, P., et al. (2012) · Recherches qualitatives · doi:10.7202/1084728ar · Cited by 5 · see citing works
“Les démarches judiciaires liées à la garde des enfants peuvent représenter un outil de contrôle sur l’ex-conjointe (Jaffe et al., 2003).”
Saltmarsh, S., Ayre, K., & Tualaulelei, E. (2021) · Critical Studies in Education · doi:10.1080/17508487.2021.1919165 · Cited by 5 · see citing works
Ignjatović, T. (2019) · Temida · doi:10.2298/tem1902189i · Cited by 4 · see citing works
Allen, H. M., Jr. (2014) · Journal of Divorce & Remarriage · doi:10.1080/10502556.2014.887376 · Cited by 4 · see citing works
“…(c) batterers are poor role models (Bancroft & Silverman, 2002); (d) perpetrators might use litigation as a form of ongoing control and harassment (Jaffe et al., 2003); (e) in extreme cases domestic violence following separation is lethal (Jaffe & Juodis, 2006); and (f) domestic violence could…”
BackgroundHine, B. A., Roy, E. M., Huang, C., & Bates, E. A. (2025) · Social Sciences · doi:10.3390/socsci14010031 · Cited by 3 · see citing works
How Expert Are the Experts? Child Custody Evaluations in Situations of Domestic Violence in Italy
Feresin, M., & Santonocito, M. (2023) · Violence and Victims · doi:10.1891/vv-2021-0041 · Cited by 3 · see citing works
Bates, E. A., & Taylor, J. C. (2021) · Partner Abuse · doi:10.1891/pa-d-20-00004 · Cited by 3 · see citing works
Ignjatović, T. (2020) · Temida · doi:10.2298/tem2003307i · Cited by 3 · see citing works
de Ruiter, C., & van Pol, B. (2017) · Family & Law · doi:10.5553/fenr/.000032 · Cited by 3 · see citing works
Dangerous Liaisons: Social Science and Law in Domestic Violence CasesPreprint
Meier, J. S. (2017) · SSRN Electronic Journal · doi:10.2139/ssrn.3004176 · Cited by 2 · see citing works
Gould, J. W., & Martindale, D. A. (2012) · Handbook of Psychology, Second Edition · doi:10.1002/9781118133880.hop211006 · Cited by 2 · see citing works
On Navigating Custody & Visitation Evaluations in Cases With Domestic Violence: A Judge's Guide
Zorza, J. (2009) · Journal of Child Custody · doi:10.1080/15379410903084699 · Cited by 2 · see citing works
Navigating father-child relationships in single mother families: an exploratory narrative analysis
Morgan, A. K. (2025) · Journal of Family Studies · doi:10.1080/13229400.2024.2449109 · Cited by 2 · see citing works
“In cases of post-separation violence, an abuser’s efforts to exert coercive control can further shape single mothers’ narratives about fathers (Hardesty & Ganong, 2006b; Jaffe et al., 2003; Vikander et al., 2024).”
Bates, E. A., Taylor, J. C., Hope, K. A., & Smith, J. L. (2024) · Partner Abuse · doi:10.1891/pa-2023-0025 · Cited by 1 · see citing works
Gender Perspectives in Mediation
Arsić, J., & Petrušić, N. (2023) · Gender perspectives in law · doi:10.1007/978-3-031-14092-1_11 · Cited by 1 · see citing works
VIOLENCE AGAINST WOMEN IN INTIMATE PARTNER RELATIONSHIPS AND INSTITUTIONAL RESPONSE TO WOMEN’S NEEDS
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Trauma Education: A Reason for Hope
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Women's Use of Non-Lethal Violence against Men
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- Authors
- JAFFE, P. G., CROOKS, C. V., & POISSON, S. E.
- Affiliations
- Western University (CA)
- Corresponding author
- JAFFE, PETER G.
- Venue
- Juvenile and Family Court Journal
- Publisher
- Wiley
- Published
- 2003-09
- Volume
- 54
- Issue
- 4
- Pages
- 57-67
- ISSN
- 0161-7109 (ISSN-L)
- 1755-6988
- OpenAlex
- W2145959778
- Cited by
- 72
- References
- 31
- Citations by year
- 2025: 5 · 2024: 4 · 2023: 3 · 2022: 5 · 2021: 6 · 2020: 3 · 2019: 3 · 2018: 3 · 2017: 3 · 2016: 5 · 2015: 7 · 2014: 5 · 2013: 4 · 2012: 4
- FWCI
- 2.14
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Juvenile and Family Court Journal (publishedVersion)
- Topics
- Social Sciences › Health › Intimate Partner and Family Violence
- Social Sciences › Law › Family and Matrimonial Law
- Social Sciences › Law › Legal and Social Justice Studies
- Keywords
- domestic violence, child custody disputes, best interests of the child, visitation, misconceptions, women victims of domestic violence, children exposed to domestic violence, separation from abusive partner, professional education
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