Parsing Through Public Records: When and How is Self-Reported Violence Documented and When Does it Influence Custody Outcomes?

Intimate Partner Violence Survivors’ Perspectives on Coping With Family Court Processes

“…Those who seek representation for custody proceedings may not meet income requirements to qualify for free legal aid while also not earning enough income to hire a private attorney (Miller & Smolter, 2011; Saunders & Oglesby, 2016). Further, survivors may be at a financial disadvantage due to the abuse: Leaving an abusive ex-partner may involve job or housing instability (Shoener, 2017). An abusive ex-partner may have been the sole provider of income or controlled the finances during the relationship and therefore may have significantly greater solvent income with which to hire and maintain legal representation throughout proceedings (Watson & Ancis, 2013).…”

“…A recent study investigating self-report data and accompanying court records from 195 divorcing mothers indicated that self-reports of IPV were generally not documented in divorce cases (Ogolsky et al, 2023). While self-reports of IPV were associated with mothers being awarded sole physical custody, the authors concluded that family courts may frequently not be aware of a history of IPV as routine screening is rarely required (Ogolsky et al, 2023).…”

“…Many have reported that survivors are often required to navigate co-parenting with abusive ex-partners without effective supports, relevant interventions, or appropriate limits on parent-child contact (e.g., Archer-Kuhn, 2018;Fleury-Steiner et al, 2016;Hester, 2011;Zeoli et al, 2013) or may lose custody to an abusive ex-partner (Elizabeth, 2019). A recent study investigating self-report data and accompanying court records from 195 divorcing mothers indicated that self-reports of IPV were generally not documented in divorce cases (Ogolsky et al, 2023). While self-reports of IPV were associated with mothers being awarded sole physical custody, the authors concluded that family courts may frequently not be aware of a history of IPV as routine screening is rarely required (Ogolsky et al, 2023).…”

“…Intimate partner violence (IPV) affects one in four women in the United States (Breiding et al, 2014) and has significant psychological, physical, social, and economic consequences for survivors (Dillon et al, 2013; Goodman et al, 2009). Leaving abusive relationships heightens survivors’ risk of violence, homelessness, and poverty, and thus increases their vulnerability as they seek protection and safety (Hardesty, 2002; Shoener, 2017; Tutty et al, 2013). For survivors who are mothers, separating from an abusive partner can be particularly challenging, as it often involves the need to navigate child custody and parenting arrangements through the family and/or civil court systems with abusive ex-partners (Hardesty & Chung, 2006).…”

Coparenting and intimate partner violence

“…Studies have found that such tactics can be successful in securing parenting agreements that favor the parent who is abusive, especially when family court professionals endorse common misconceptions about IPV (Hardesty et al, 2015;Haselschwerdt et al, 2011;Khaw et al, 2018). Thus, bringing allegations of IPV into divorce cases does not always result in greater protection, especially as it relates to parenting agreements, and this appears to be particularly true in agency-based or help-seeking (e.g., Gutowski & Goodman, 2020;Khaw et al, 2018) versus general samples of divorcing parents (e.g., Ogolsky et al, 2022).…”