Bala, N., & Ebsim, Y. (2022, March). The 2021 Canadian parenting reforms: Is shared parenting the new normal? Queen's Law Research Paper Series, 1-28. http://dx.doi.org/10.2139/ssrn.4058375
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Cross, P. (2016). When shared parenting and the safety of women and children collide. Luke's Place Support and Resource Centre.
Introduction Women who have left abusive partners need and deserve a legal system that is able to adequately assess and address the violence they have experienced in its decision-making about child custody and access. Outcomes of family court decisions about custody and access should contribute to the safety of women and children, not detract from it. Yet many of us who provide family court support to women leaving abusive relationships observe that family court systems in Canada do not understand the ongoing impact of intimate partner abuse on women, many of whom are dealing with post-separation abuse, with the result that custody and access outcomes too often force women and children into unsafe – even lethal – contact with their abuser for many years (Harrison, 2008; Hardesty, Khaw, Chung, & Martin, 2008; Holt, 2015). This paper explores this topic from an experience-based perspective: my work as a family law lawyer representing women who had experienced abuse and my work at the systemic level as a community researcher, educator and advocate, working with frontline workers who support women involved with family court after leaving abusive relationships. It reflects the stories and lived experiences of hundreds of women that I have encountered either directly or through their legal support workers. Download a copy of the article here: Microsoft Word - FINAL - Shared Parenting - September 2016.docx (lukesplace.ca) Artz, S., Jackson, M. A., Rossiter, K. R., Nijdam-Jones, A., Géczy, I., & Porteous, S. (2014). A comprehensive review of the literature on the impact of exposure to intimate partner violence for children and youth. International Journal of Child, Youth and Family Studies, 5(4), 493-587. DOI: dx.doi.org/10.18357/ijcyfs54201413274
Abstract Children living in homes where intimate partner violence occurs are often exposed to such violence through witnessing, seeing its effects, hearing about it, or otherwise being made aware that violence is taking place between parents or caregivers. Exposure to intimate partner violence is considered to be a form of child maltreatment, and affected children are often also the victims of targeted child abuse. This paper presents findings from a comprehensive review of the literature on the impact of exposure to intimate partner violence for children and youth, focusing on: (a) neurological disorders; (b) physical health outcomes; (c) mental health challenges; (d) conduct and behavioural problems; (e) delinquency, crime, and victimization; and (f) academic and employment outcomes. The notion of cascading effects informed our framework and analysis as it became evident that the individual categories of impacts were not only closely related to one another, but in a dynamic fashion also influence each other in multiple and interconnected ways over time. The research reviewed clearly shows that children who are exposed to intimate partner violence are at significant risk for lifelong negative outcomes, and the consequences are felt widely in society. Obtain a full copy of the article here: A comprehensive review of the literature on the impact of exposure to intimate partner violence on children and youth | Request PDF (researchgate.net) Lux, G., & Gill, S. (2021). Identifying coercive control in Canadian family law: A required analysis in determining the best interests of the child. Family Court Review, 59(4), 810-827. DOI: 10.1111/fcre.12540
Abstract Amendments to the Canadian Divorce Act have required that family violence, specifically coercive controlling behaviour, be considered when making best interest determinations for children. This paper (1) outlines how this concealed, patterned, and harmful behaviour presents in family law disputes and (2) sets out considerations for parenting arrangements. It identifies the perils of subjective impressions as well as where the legal system and its interventions may be vulnerable to misuse. Children in families where coercive control is occurring are at risk of harm. The lack of intentional analysis of coercive control does not serve the best interests of the child. Practitioner’s Key Points: - Coercive Controlling violence is generally the most serious type of violence in family law. - Children are directly impacted by coercive control even after separation. - The subjective perceptions made by Family law and mental health professionals about family violence impacts the identification of this harmful conduct. - Family Law and allied professionals need to identify and understand how the subtle and often concealed patterns of coercive controlling behaviour can present in their files. - Family Law and allied professionals need to understand where the legal system and its interventions may be vulnerable to misuse by a perpetrator of coercive control. - Best Interest Determinations require an intentional analysis of the presence of coercive controlling behaviours on the part of a parent. Request a full copy of the article here: www.researchgate.net/publication/354781515_Identifying_Coercive_Control_in_Canadian_Family_Law_A_Required_Analysis_in_Determining_the_Best_Interests_of_the_Child Ellis, D., Lewis,. T., & Nepon, T. (2021). Effects of historical coercive control, historical violence, and lawyer representation on post-separation male partner violence against mother litigants who participated in adversarial family court proceedings. Violence Against Women, 27(9), 1191-1210. DOI: 10.117/10780122921939
Abstract The primary objective of this study was to test the effects of historical male partner violence and lawyer representation on post-separation male partner violence and coercive control against mother litigants participating in adversarial family court proceedings. Toward this end, staff at two women’s shelters administered a questionnaire to 40 former residents who met the sample selection criteria. Two findings are noteworthy. First, there was a decrease in mother litigant reports of post-separation physical violence requiring a visit to a hospital. Second, post-separation male partner coercive control “most/some of the time” was reported by 97.5% of all 40 separated mother litigants who also reported experiencing historical coercive control by their male partners. Recommendations and limitations are described in the final two pages. Obtain a full copy of the article here: www.researchgate.net/publication/342375380_Effects_of_Historical_Coercive_Control_Historical_Violence_and_Lawyer_Representation_on_Post-Separation_Male_Partner_Violence_Against_Mother_Litigants_Who_Participated_in_Adversarial_Family_Court_Proc Morton, M., Samardzic, T., Cross, P., Johnstone, S., Vesely, L., & Choubak, M. (2021). The degendering of male perpetrated intimate partner violence against female partners in Ontario family law courts. Journal of Social Welfare and Family Law, 43(1), 104-118. https://doi.org/10.1080/09649069.2021.1917711
Abstract n this paper, we conducted a critical community-engaged Ontario family law case review of 46 cases from 2019 where intimate partner violence was identified. We explored the extent to which judges identified and addressed intimate partner violence and whether the gender of judges impacted on trial outcomes and judges’ parental assessments. We found that judges de-gendered the language of violence, which impacted trial outcomes (e.g., more rulings of unsupervised access for fathers despite them having been violent) and a mutualisation of responsibility by referring to the violence as ‘conflict.’ We also found that male judges were more likely to negatively assess the mothers as both parents and witnesses. We call for more research that explores whether the changes to the Canadian federal Divorce Act (which includes ‘family violence’) will have an impact on the manner in which intimate partner violence is identified and/or referred to by family law judges, and if and how this influences the weighting of salient outcomes in Ontario family court cases. Request a full-copy of the article here: The degendering of male perpetrated intimate partner violence Against female partners in Ontario family law courts | Request PDF (researchgate.net) Faller, Y. N., Wuerch, M. A., Rucklos Hampton, M., Barton, S., Fraehlich, C., Jushka, D., Milford, K., Moffitt, P., & Ursel, J. (2021). A web of disheartenment with hope on the horizon: Intimate partner violence in rural and Northern communities. Journal of Interpersonal Violence, 36(9-10), 4058-4083. https://doi.org/10.1177/0886260518789141
Abstract Intimate partner violence (IPV) has become a worldwide epidemic, yet little is known about the experiences of women survivors living in rural and Northern Canadian communities. Existing statistics suggest that women living in rural areas of the Canadian Prairie Provinces and Northwest Territories (NWT) are at a significantly higher risk of experiencing IPV. To better understand the experiences of IPV in these regions, qualitative interviews were conducted with service providers, including the Royal Canadian Mounted Police (RCMP), Victims Services, Shelter Services, counselors, and others (e.g., physicians). In total, 122 participants were interviewed. These interviews were analyzed using a grounded theory approach where the data/results were transformed into a pictorial matrix that documents the struggles that service providers endure. The matrix/results highlight how social issues, such as isolation and poverty, contribute to social oppressions, such as lack of resources, transportation, and/or services. As service providers struggle against these forces, they begin to develop feelings of disheartenment. Yet, they continue to fight because there are opposing forces, such as Emergency Intervention Orders, police transportation, and Victim Services, that demonstrate how societal response is improving the lives and increasing safety in rural and Northern communities. Ultimately, the results suggest that to reduce the incidences of IPV, we must go beyond the violent acts and deal with the social contexts in which IPV resides. Request the full article here: A Web of Disheartenment With Hope on the Horizon: Intimate Partner Violence in Rural and Northern Communities | Request PDF (researchgate.net) Koshan, J. (2020, July 13). COVID-19, domestic violence and technology-facilitated abuse. University of Calgary: Faculty of Law.
Introduction: On 27 May 2020, UN Women launched the “shadow pandemic” public awareness campaign, drawing attention to the global spike in domestic violence linked to COVID-19. Phumzile Mlambo-Ngcuka, Executive Director of UN Women, describes the idea of a shadow pandemic as follows: “Even before the [COVID-19] pandemic, violence against women was one of the most widespread violations of human rights. Since lockdown restrictions, domestic violence has multiplied, spreading across the world in a shadow pandemic.” Read the full article here: COVID-19, Domestic Violence, and Technology-Facilitated Abuse | (ablawg.ca) Finfgeld-Connett, D. (2015). Intimate partner violence and its resolution among African American Women. Global Qualitative Nursing Research, 1-8. DOI: 10.1177/2333393614565182
Abstract Intimate partner violence (IPV) is a significant problem that is difficult to overcome within African American communities. Thus, the purpose of this qualitative systematic review was to synthesize isolated qualitative findings relating to IPV among African American women to make them more meaningful and generalizable. A framework of IPV among African American women resulted from this work, and key elements include the following: ubiquitous and perpetual oppression and abuse contribute to the emergence of IPV, and personal and interpersonal forms of inspiration and support are generally inadequate to prevent or resolve it. Moreover, ambivalence of others, fear, mental health problems, and negative perceptions of helping services are barriers to change. Resolution of IPV is an emergent process that is enhanced by holistic Afrocentric services. Outcomes are safety with strings attached and personal growth for mothers and children. Research hypotheses are inferred from this framework along with implications for clinical practice. Obtain a full-copy of the journal article here: (PDF) Intimate Partner Violence and Its Resolution Among African American Women (researchgate.net) Cross, P. (2013). When Shared Parenting and the Safety of Women and Children Collide. Luke’s Place Support and Resource Centre
Introduction This paper explores this topic from an experience-based perspective: my work as a family law lawyer representing women who had experienced abuse and my work at the systemic level as a community researcher, educator and advocate, working with frontline workers who support women involved with family court after leaving abusive relationships. It reflects the stories and lived experiences of hundreds of women that I have encountered either directly or through their legal support workers. Read the full report here: Microsoft Word - FINAL - Shared Parenting - September 2016.docx (lukesplace.ca) |
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