NCJ Number
123635
Journal
American University Law Review Volume: 38 Issue: 3 Dated: (Spring 1989) Pages: 491-592
Date Published
1989
Length
39 pages
Annotation
This article examines the problem of the custodial parent who refuses to comply with a court order granting visitation rights to the noncustodial parent as a result of allegations of sexual abuse by the noncustodial parent.
Abstract
Part I explains why it is difficult to prove allegations of sexual abuse in court, such that the custodial parent who believes the noncustodial parent is committing child sexual abuse must search for alternatives to the legal system. Parts II and III respectively explore civil and criminal contempt, which are the legal system's responses to the custodial parent who defies the court order. The article explains why these measures in this situation are ineffective and counterproductive. Parts IV and V examine the use of the necessity defense in criminal prosecutions and the standards used in assessing culpability for violation of criminal custodial interference statutes. Part VI proposes a new standard, based on the necessity defense doctrine, to be applied in contempt proceedings against custodial parents. This standard recognizes that a good faith belief that violates the court order was necessary to protect the child from further harm should be a complete defense to contempt charges. Part VII analyzes the practical ramifications of adopting such a standard. 139 footnotes.