NCJ Number
206571
Journal
Journal of Child Custody Volume: 1 Issue: 1 Dated: 2004 Pages: 115-126
Editor(s)
Leslie M. Drozd Ph.D.
Date Published
2004
Length
12 pages
Annotation
This editorial asserts the need for legislatures to change laws, specifically family law such that it is clear to the court that children come first and that their safety is paramount when child custody cases involve domestic violence and child maltreatment.
Abstract
Within family law, a child’s need for safety should supercede any and all other considerations. Courts should employ a child-centered, protective strategy in child custody cases involving allegations of child maltreatment and domestic violence and the strategy must be grounded in complete understanding of the impact of violence on children. In essence, legislatures should change laws to make it clear to the court that children and their safety come first. By construing the custody statute in light of the principles and procedures outlined in child welfare laws and domestic violence statutes, children will be assured more protection. However, legislatures can modify language to attempt to make a child’s safety a paramount concern; but so long as a child protective agency is intertwined with maintaining parents’ rights, it cannot unravel the inexorable problem: the conflicting nature of its dual mandate. In addition, legislation does not have specific standards to ensure prevention of further injury while facilitating the goal of maintaining the familial relationship. Legislatures must construct an agency designed to solely afford protection to children, and a new and specially trained court dealing only with issues of family violence and abuse may need to be considered.