Home > Conference Calendar > 13th National Conference on Child Abuse and Neglect > Presentations Abstracts > THE PROBLEM OF PROTECTING CHILDREN IN CUSTODY AND DIVORCE CASES WHERE DOMESTIC VIOLENCE IS INVOLVED AND CHILD ABUSE IS SUSPECTED

THE PROBLEM OF PROTECTING CHILDREN IN CUSTODY AND DIVORCE CASES WHERE DOMESTIC VIOLENCE IS INVOLVED AND CHILD ABUSE IS SUSPECTED

SKILL SEMINAR L

Seth L. Goldstein, Esquire
Child Abuse Forensic Institute
1125 Jefferson Street, P.O. Box 6403
Napa, CA 94559

THE PROBLEM OF PROTECTING CHILDREN IN CUSTODY AND DIVORCE CASES WHERE DOMESTIC VIOLENCE IS INVOLVED AND CHILD ABUSE IS SUSPECTED

Allegations of domestic violence that arise in the context of divorce, custody, and visitation cases are extremely difficult for professionals and the courts to address. Often the complaining parent is viewed as exaggerating or fabricating the allegation to better themselves in the custody case. Acting in a self-preservation mode, protective parents often do things that are hard to accept or believe are being done innocently or without ulterior motives. Professionals who have biases and/or blind spots that distort their perception of the battered parent's claims too often discount the severity of the abuse and potential risk to the child. With no outward signs of abuse on the child nor any complaint made by that child, the child is often thrust back into or left to remain in a physically and psychologically dangerous environment. Social workers and the courts often make unrealistic recommendations for mothers who are trapped in abusive relationships. These problems, coupled with the statutory mandates and rules of law with which the courts must comply, cause even greater conflicts.

This presentation will explore current problems facing professionals in the courts who are involved in resolving domestic violence allegations in cases where custody and visitation are at issue. Discussion will include reporting, investigating, evaluating, and court processes to expose the areas where the most common problems of contention arise. A summary of current research and literature will be provided, along with case examples from across the United States and Canada.

The session will use a discussion/practical exercise format to enhance skills in such areas as how to properly examine facts relating to the manner in which the allegation first surfaces; how to determine if the reported facts are valid, improperly interpreted, or maliciously made; techniques for dealing with problems that arise once the case is under investigation; and how to handle the unique problems of cases that are already in the courts. The use of several disciplines to make these evaluations and interventions will be discussed, along with ways to establish such multidisciplinary teams.

Updated on February 24, 2010