a methodology for decision-making in domestic violence- related child custody disputes university of...
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A Methodology for Decision-Making in Domestic Violence-Related Child Custody DisputesUNIVERSITY OF OTTAWA
APRIL 2015
The Problem
Survivors’ Experience
Family Court Process
Project Activities
Ohio Safety Audit• Case Files• Observations• Interviews• Focus Groups
Custody Evaluations• Reports• Facilitated
Analysis
Expert Interviews• Researchers• Advocates• Judges• Practitioners
Focus Groups• Battered Mothers• Litigating Fathers• Attorneys• Guardians• CASAs
Emerging ThemesIll-defined terminology
Inconsistent assessments/assumptions
Lack of reliable information
Poorly informed decision-making
Disconnected interventions and services
Interconnections
Ill-defined terminology
Inconsistent assessments
Lack of reliable information
Poorly informed decision-making
Disconnected interventions & services
Framework
Identify Domestic Abuse
Understand Nature &
Context of Abuse
Connect Abuse to Standard for
Decision-making
Apply Analysis to Actions and
Decisions
Is abuse an issue
here?
What is actually
going on?
Why does it
matter?
What can be done about it?
Framework
Identify Domestic
Abuse
Understand Nature &
Context of Abuse
Connect Abuse to Standard for
Decision-making
Apply Analysis to Actions and
Decisions
Detection Research
Domestic violence is often not detected in disputed child custody cases. ◦ Johnson, Saccuzzo & Koen, 2005; Ballard, Holtzworth-Munroe, Applegate &
Beck, 2011.
Screening Protocols
Elements of a good screening protocol◦ Systematic and universally applied◦ Behaviorally-specific◦ Focused on multiple forms of abuse◦ Attuned to both past abuse and more recent abuse◦ Alert to established risk factors◦ Structured in a way that promotes safe and informed disclosures
Framework
Identify Domestic Abuse
Understand Nature &
Context of Abuse
Connect Abuse to Standard for
Decision-making
Apply Analysis to Actions and
Decisions
Context means:
Meaning
Effect
Intent
Contexts
• Patterned• Intimidation• Dominance• Entitlement
Coercive Controlling Abuse
• Produced and shaped by coercive controlling abuse
Violent Resistance
• No power and control tactics at work
Abuse Unrelated to Coercive Control
What some
people mean
What others mean
Framework
Identify Domestic Abuse
Understand Nature &
Context of Abuse
Connect Abuse to Standard for
Decision-making
Apply Analysis to Actions and
Decisions
Research: knowledge, beliefs and assumptions
Daniel G. Saunders, et al., Custody Evaluators’ Beliefs About Domestic Abuse in Relation to Custody Outcomes, National Institute of Justice (2011).
Jennifer Hardesty, et al., The Effect of Domestic Violence Allegations on Custody Evaluators’ Recommendations (2011)
Michael S. Davis, et al., Custody Evaluations When There are Allegations of Domestic Violence (2011).
Standards for Decision-Making Nature of the case
◦ Criminal proceeding◦ Issue = guilt or innocence◦ Focus = elements of the crime
◦ Protection order case◦ Issue = whether a protection order should issue◦ Focus = safety of the petitioner (and children)
◦ Custody dispute◦ Issue = allocation of parental responsibilities◦ Focus = best interests of the child
Framework
Identify Domestic Abuse
Understand Nature &
Context of Abuse
Connect Abuse to Standard for
Decision-making
Apply Analysis to Actions and
Decisions
Research
Even when IPV is detected, cases often proceed without accommodations for safety or power differentials.
Kernic, Monary-Ernsdorff, Koepsell, & Holt, 2005; Bow, 2006
Simple ApplicationIdentify Domestic
Abuse
• Child does not want to spend time with one parent
Understand the Nature & Context of Abuse
Determine the Implications of Abuse
Account for Abuse in Decisions and Actions
Simple ApplicationIdentify Domestic
Abuse
• Child does not want to spend time with one parent
Understand the Nature & Context of Abuse
• Parent is withholding necessary financial support in order to fund his own lavish lifestyle
Determine the Implications of Abuse
Account for Abuse in Decisions and Actions
Simple ApplicationIdentify Domestic
Abuse
• Child does not want to spend time with one parent
Understand the Nature & Context of Abuse
• Parent is withholding necessary financial support in order to fund his own lavish lifestyle
Determine the Implications of Abuse
• Child’s basic needs are not being met
• Victim-parent is anxious and depressed
• Child feels resentful of abuser-parent and betrayed by victim-parent for ending the marriage
Account for Abuse in Decisions and Actions
Simple ApplicationIdentify Domestic
Abuse
• Child does not want to spend time with one parent
Understand the Nature & Context of Abuse
• Parent is withholding necessary financial support in order to fund his own lavish lifestyle
Determine the Implications of Abuse
• Child’s basic needs are not being met
• Victim-parent is anxious and depressed
• Child feels resentful of abuser-parent and betrayed by victim-parent for ending the marriage
Account for Abuse in Decisions and Actions
• Establish financial obligations of the abuser-parent
• Impose financial oversight
• Support victim-parent’s health and economic self-sufficiency
• Restore child’s trust in parents
Practice GuidesIdentify Abuse
Initial DV Screening
Guide
DV Interview Guide
Parenting Chart 1
Parenting Chart 2
Understand
Context
DV Interview Guide
Parenting Chart 1
Parenting Chart 2
Observations &
Interferences
Connect to Standards
DV Interview Guide
Parenting Charts 3-6
Best Interest Worksheet
DV Planning Guides
Apply Analysis
DV Planning Guides
Readiness for Mediation
Readiness for Co-Parenting
Early Neutral Evaluation
Guide
Framework Redux
Identify Domestic Abuse
Understand Nature &
Context of Abuse
Connect Abuse to Standard for
Decision-making
Apply Analysis to Actions and
Decisions
Is abuse an issue
here?
What is actually
going on?
Why does it
matter?
What can be done about it?
