Custody Evaluators’ Beliefs About Domestic Violence Allegations During Divorce: Feminist and Family Violence Perspectives

Abstract

Approximately, 20% of divorcing couples in the United States require judicial intervention to reach a custody agreement. In such cases, courts often call on child custody evaluators to conduct comprehensive evaluations and recommend custody agreements and services that meet children's best interests. Estimates suggest that allegations of domestic violence (DV) are raised and substantiated in about 75% of these cases. Custody evaluators are thus in a position to ensure that divorcing parents with DV receive effective services and enter into safe custody agreements. They are also in a position to minimize or deny the seriousness of DV and its relevance to custody decisions. The present study uses grounded theory methods to examine how custody evaluators' theoretical perspectives on DV and beliefs about custody disputes in the context of DV are related to their evaluation process and recommendations.

Children and Contact in the Context of Parental Separation and Family Violence: A Practice Perspective

“…Thus, there appears to be a disconnection between how the court views the father in light of the abuse allegations and how he would respond as a parent (Hardesty & Chung, 2006;Haselschwerdt et al, 2010;Laing, 2010;McInnes, 2003;Shea-Hart, 2009). Yet the literature is clear about the impact of family violence on the developing child and the damage this can do physically, emotionally and psychologically (Holt, 2011;Richards, 2011).…”

“…This position is based on the presumption that having a relationship with a parent, even an abusive one, is in the child's best interest. This presumption does not, however, acknowledge the risks involved for women and children post-separation where family violence has been a prevalent intra-familial issue (Hardesty & Chung, 2006;Haselschwerdt et al, 2010;Laing, 2010;McInnes, 2003;Shea-Hart, 2009).…”

“…To assist with this task, the court may order a family report conducted by a family consultant or a report by an independent court expert (Haselschwerdt, Hardesty, & Hans, 2010). The family consultant will meet with the parents, and in some cases the children, to assess what will be in the child's best interest and provide these recommendations back to the court via the family report (Campbell, 2004).…”

Domestic Violence and Family Law: Criminological Concerns

“…This type of harassment is the latest variation on the victim blaming and discrediting tactics that have cropped up in response to public acknowledgement of abuse by family members and intimates stretching back to the early twentieth century (Olafson, Cordwin and Summit 1993;Salter 2012;Smart 2000). While research in family studies, social work, public health, and law have begun to document abuse that occurs in the context of family law proceedings (Hardesty 2002;Hardesty and Chung 2006;Hardesty and Ganong 2006;Haselschwerdt, Hardesty and Hans 2010;McMurray 1997;McMurray et al 2000), criminology stands to make a much greater contribution to this conversation. Such inquiries fit well within the remit of critical and feminist criminologies.…”

“…Such facially neutral income support policies penalize all lower income parents, but are especially damaging for survivors of abuse who face increased pressure to promote easy access to fathers even when they are abusive. Often custody arrangements are made via ostensibly restorative and non-adversarial practices like mediation which many abused women experience as coercive and unsafe (Hardesty 2002;Hardesty and Chung 2006;Hardesty and Ganong 2006;Haselschwerdt, Hardesty and Hans 2010;McMurray 1997;McMurray et al 2000;Miller and Smolter 2011).…”