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Cited by 44Intimate Partner and Family ViolenceFamily and Matrimonial LawInternational Human Rights and Reproductive Law

Child Custody Determinations in Cases Involving Intimate Partner Violence: a Human Rights Analysis

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Silverman, Jay G., Mesh, Cynthia M., Cuthbert, Carrie V., Slote, Kim, Bancroft, Lundy·2004·American Journal of Public Health
DOI 10.2105/ajph.94.6.951PMC PMC1448371
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Abstract

Intimate partner violence and child abuse are recognized both as public health concerns and as violations of human rights, but related government actions and inactions are rarely documented as human rights violations in the United States. Men who abuse female partners are also highly likely to abuse the children of these women. However, family courts are reported to often ignore risks posed by abusive men in awarding child custody and visitation. Battered women involved in child custody litigation in Massachusetts (n = 39) were interviewed. A recurring pattern of potential human rights violations by the state was documented, corresponding to rights guaranteed in multiple internationally accepted human rights covenants and treaties. The human rights framework is a powerful tool for demonstrating the need for legal, social, and political reform regarding public health concerns.

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Crossref · 10.2105/ajph.94.6.951

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  • When abusers fight for and obtain custody, what they are often looking for is not more meaningful involvement with their children, but rather acknowledgement of their status and importance.

    “When abusers fight for and obtain custody, what they are often looking for is not more meaningful involvement with their children, but rather acknowledgement of their status and importance (Bancroft et al., 2002; Brown et al., 2019; Silverman et al., 2004; Slote et al., 2005).”

    From Post‐separation abuse: A concept analysis (2023) · cites this paper as Silverman et al., 2004

    The paper’s Abstract says custody and visitation can allow abusive men to continue controlling women and children, and its Results report cases in which abusive men obtained custody. It does not say that they seek custody for acknowledgement of their status and importance rather than meaningful involvement with their children. (LLM, conf=0.83)

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Cites

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Research works printed but not linked: 5

  1. [14]Gruskin S, Tarantola D. Health and human rights. In: Detels R, Beaglehole R, eds. Oxford Textbook on Public Health. Oxford, England: Oxford University Press; 2001.
  2. [24]Supreme Judicial Court of Massachusetts. Gender bias study of the court system in Massachusetts. New Eng Law Rev. 1990;24:745. [Google Scholar]
  3. [38]Elrod LD, Spector RG. A review of the year in family law. Fam Law Q. 2001;34:607–657. [Google Scholar]
  4. [39]Miller WL, Crabtree BF. Doing Qualitative Research. 2nd ed. Thousand Oaks, Calif: Sage Publications; 1999.
  5. [43]Presumption of Custody Law, MGL Chapter 208, Section 31A, 1998.

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Authors
Silverman, J. G., Mesh, C. M., Cuthbert, C. V., Slote, K., & Bancroft, L.
Affiliations
Harvard University (US)
ORCID
Silverman, Jay G.
Venue
American Journal of Public Health
Publisher
American Public Health Association
Published
2004-06
Volume
94
Issue
6
Pages
951-957
ISSN
  • 0090-0036 (ISSN-L)
  • 1541-0048
DOI
10.2105/ajph.94.6.951
PMC
PMC1448371
OpenAlex
W2107901767
Cited by
44
References
33
Citations by year
2026: 1 · 2025: 20 · 2024: 1 · 2023: 1 · 2022: 1 · 2021: 1 · 2019: 1 · 2016: 1 · 2015: 2 · 2014: 2 · 2012: 1
FWCI
1.74
Type
journal article
Language
en
Open access
Locations
  • American Journal of Public Health (publishedVersion)
  • PubMed Central (publishedVersion)
  • PubMed (publishedVersion)
Funders
Foundation of Hope for Research and Treatment of Mental Illness
Topics
  • Social Sciences › Health › Intimate Partner and Family Violence
  • Social Sciences › Law › Family and Matrimonial Law
  • Social Sciences › Political Science and International Relations › International Human Rights and Reproductive Law
Keywords
child custody, intimate partner violence, child abuse, human rights violations, family court decisions, battered women, visitation rights, state responsibility, Massachusetts, human rights treaties, legal reform
MeSH terms
Adult, Child, Child Abuse, Child Custody, Female, Humans, Human Rights, Interviews as Topic, Massachusetts, Middle Aged, Public Health, Domestic Violence, Battered Women

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