NCJ Number
232148
Date Published
2008
Length
52 pages
Annotation
This guide is intended for use by judges in making custody and visitation decisions that give priority to "the best interest of the child."
Abstract
The guide suggests how judges can assess whether a child or parent is at risk for physical, emotional, or mental abuse; and it provides guidance in reviewing the evidence so that the safety of the child is the primary factor in determining his/her best interest. In addition, the guide assists a judge in making findings that explain and prioritize safety concerns for the child, and it suggests how to draft custody and visitation orders that maximize family safety. The thirteen chapters provide guidance for judicial decisionmaking for each stage and facet of a case, so that the safety of the child has priority. A chapter on "Children, Abuse, and Custody" addresses indications that a child is being abuse and the meaning of the concept of "best interest of the child." A chapter on "Abusive Behavior and Evidence of Risk" defines abusive behavior; suggests how abusive behaviors might manifest themselves in court; considers courtroom demeanors of the abusive parent and at-risk parent; and identifies elements of the "high conflict" case. A chapter on "Analyzing the Evidence" focuses on cross-allegations, using third-party information for decisionmaking, and suggests that caution be used when deciding whether or not to accept testimony regarding "parental alienation syndrome." Other chapters address judicial actions and decisions pertinent to respectful and safe interaction, the establishment of jurisdiction, temporary and emergency orders, initial filing, the pretrial process, mediation and other forms of negotiation, settlements and the uncontested case, and findings of fact and conclusions of law. The last two chapters guide judges in drafting and enforcing the order.