NCJ Number
206489
Journal
Violence Against Women Volume: 10 Issue: 8 Dated: August 2004 Pages: 917-934
Date Published
August 2004
Length
18 pages
Annotation
This study analyzed child custody laws and related issues in four countries (the United States, Canada, Australia, and New Zealand) in order to identify common themes and directions with regard to the consideration of partner violence.
Abstract
Burgeoning research on the effects of exposure to partner violence on children has consistently identified deleterious outcomes for these children. The issue of partner violence has thus extended to child custody proceedings in family courts. Many countries are mandating that family court judges consider partner violence as a significant factor in awarding custody or unsupervised contact with children. The current study analyzed the legislative reforms and legal procedures in four developed countries to identify the prevailing views concerning partner violence and child custody. The social science and legal literature of the United States, Canada, Australia, and New Zealand were examined, along with governmental and nonprofit organizations’ policy briefs and recent newspaper archives. Expert colleagues in each country were consulted. The comparative analysis revealed that all four countries are grappling with issues of fathers’ rights versus child protection within judicial models that promote mediation and joint custody. Jurisdictions considering legislative changes should be mindful of the need for adequate training, resources, and coordination between family courts and associated services. More research is needed to evaluate the impact and unintended consequences of intervention approaches within particular cultural contexts. References