Family Mediation in Child Custody Cases and the Concealment of Domestic Violence

Abstract

While mediation is commonly used in custody negotiation, there is no consensus regarding its applicability in domestic violence cases. The aim of this qualitative study in Italy was to explore the role of family mediation in the management of child custody in cases involving domestic violence. Semistructured interviews were conducted with lawyers (N ¼ 5), social workers (N ¼ 15), and abused women who had separated from their children's fathers (N ¼ 13). Legal documents were also analyzed. The results showed that violence against women and children had often been concealed during mediation, as the professionals involved had failed to detect domestic violence or had labeled it as conflicts. Moreover, the "parental couple" had been dissociated from the "marital couple," and the responsibility for the abuse had been attributed to both parents. As a result, women and children had been blamed and had experienced secondary victimization, while the perpetrators' patterns of power and control had continued. The results also revealed that those professionals had not known about and had not applied the Istanbul Convention, which provides guidelines to ensure women's and children's safety. Recommendations highlight the need to account for the complexity of domestic violence cases, to hold perpetrators responsible for the abuse, and to support the victims.

Invisible Practices: Interventions With Men Who Use Violence and Control

“…In effect, they illuminated the fallen tree. It is argued that “unless we specifically address who is perpetrating the violence and how it tends to be covered up by society, we fail to go to the heart of the problem” (Feresin, Folla, Lapierre, & Romito, 2018, p. 512). However, bearing witness requires a legal and service system that promotes survivors’ safety, honors their resistance, holds men who use violence accountable, and constructs them as capable of change.…”

The Involvement of Children in Postseparation Intimate Partner Violence in Italy: A Strategy to Maintain Coercive Control?

“…By definition, a father who abuses the mother has indicated that he cannot put the children’s interests first, since their mother’s abuse, by undermining her well-being, is inherently harmful to children.Today, in most industrialized countries, the emphasis is on the right of children to maintain contact with both parents after the couple’s separation (Romito, 2008; Smart & Sevenhuijsen, 1989). Unfortunately, in the work of social services and the courts, this right is not balanced with the child’s right to avoid being exposed to violence (Feresin et al, 2018; Silberg et al, 2013). As argued by other authors (Davies et al, 2009; Hester, Pearson, & Harwin, 2007; Radford & Hester, 2006), issues related to custody of children provide numerous opportunities for men to exercise coercive control and to abuse their former partners (Rathus et al, 2019).…”

“…For instance, Article 31 “custody, visitation rights and safety” urges professionals who come in contact with women and children who are victims of violence to carefully analyze the situation and to avoid decisions based on the common assumption that the family has to be protected above all. Unfortunately, studies show that many professionals are unfamiliar with the Convention, and its recommendations are generally ignored (Feresin et al, 2018).…”

“…Several studies show little or no differences in custody outcomes between cases with and without a history of domestic violence (Kernic, Monary-Ernsdorff, Koepsell, & Holt, 2005; O’Sullivan, King, Levin-Russell, & Horowitz, 2006; Pranzo, 2013); mothers who raise issues regarding their ex-partners’ violence tend to receive less than favorable custody rulings (e.g., Silberg, Dallam, & Samson, 2013). Male perpetrators are often viewed in more positive terms than are their female partners; they appear to be more suitable parents and are able to manipulate courts by expressing a desire for father–child contact and joint custody (Dalton, Carbon, & Olesen, 2003; Feresin, Folla, Lapierre, & Romito, 2018).…”

La Médiation Familiale Et La Violence Conjugale: Une Discussion Sur Sa Pertinence Par L’entremise D’une Revue De Littérature

“…Néanmoins, le système judiciaire recommande parfois la médiation dans les cas de garde des enfants sans avoir fait la distinction entre violence et conflit. La violence mérite toutefois d'être examinée en profondeur (Feresin et. al, 2018).…”