Gilbert, B., Stewart, A., Hurren, E., Little, S., & Allard, T. (2021). Exploring dual-system involvement for domestic violence victimisation and child maltreatment perpetration: An exploration by gender and race/ethnicity. Child Abuse & Neglect, 124, 105440. https://doi.org/10.1016/j.chiabu.2021.105440
Abstract There is an historical separation between system responses to domestic violence (DV) and child maltreatment. Concerns have been noted that DV victims may be over-represented as parents responsible for harm to children in the child protection system. Although there is a growing acknowledgement of the high overlap between DV and child maltreatment within families, little empirical research has been conducted on this relationship. This study aims to longitudinally examine the overlap of being a victim of DV and a perpetrator of child maltreatment, along with the impact of dual-system involvement on the nature and frequency of the violence experienced. The data are linked longitudinal administrative data from the Queensland Cross-sector Research Collaboration (QCRC) repository. These data contain each contact every individual born in Queensland in 1983 or 1984 had with the Queensland DV civil court system and the Queensland statutory child protection system. Of individuals identified as a perpetrator of child maltreatment, 45% have also been a victim of DV and approximately 22% of DV victims were identified as a perpetrator of child maltreatment. Our results also show differences based on Indigenous status, gender, parental status, number of substantiations, frequency of violence, harm type, and number of domestic violence orders. There is considerable overlap between individuals who are victims of DV and individuals who perpetrate child maltreatment. This overlap was influenced by both gender and race/ethnicity. The implications of this study for both policy and practice are discussed. Request a full-copy of the article here: Exploring dual-system involvement for domestic violence victimisation and child maltreatment perpetration: An exploration by gender and race/ethnicity | Request PDF (researchgate.net)
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Meier, J. S., & Sankaran, V. (2021). Breaking down the silos that harm children: A call to child welfare, domestic violence and family court professionals. GW Law Faculty Publications & Other Works. 1553. https://scholarship.law.gwu.edu/faculty_publications/1553/
Abstract The intersection of domestic violence and child maltreatment has been the subject of research and reform efforts focused on the need to integrate a better understanding of domestic violence into child welfare system practice. But a similar effort at integration of domestic violence and child maltreatment concerns has never been directed at family courts adjudicating private custody litigation. And while such courts’ responses to domestic violence have been analyzed and discussed extensively in the literature, legal discussions of custody courts’ responses to child maltreatment are few and far between. At the same time, there has been an explosion of traumatic narratives on social media and in the literature describing family courts’ refusals to keep children safe from a parent alleged to be dangerous. This article examines the legal system’s siloed responses to domestic violence and child maltreatment, with a focus on family courts in custody cases. Newly published data have affirmed the growing outcry about family courts frequently rejecting child maltreatment allegations and removing custody from mothers who make such allegations. Custody court judges’ resistance to adjudicating child maltreatment is widespread and helps explain these patterns. Yet child welfare agencies, as well as reformers seeking to reduce reliance on foster care, trust family courts to protect children that come before them. We argue that systemic changes are needed to break down the silos between family courts and child welfare agencies to better protect children. We propose three practicable, concrete reforms to achieve this. We hope that this article will awaken those who care about children’s safety to the real dangers in family court adjudications, and encourage specialists in domestic violence, family court, and child maltreatment to collaborate in effectuating these much-needed changes. Obtain a full copy here: "Breaking Down the Silos that Harm Children: A Call to Child Welfare, " by Joan S. Meier and Vivek Sankaran (gwu.edu) 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) Bruckert, C., & Law, T. (2018). University of Toronto Press
From the introduction: This book endeavours to develop a more holistic understanding of gendered violence by elaborating on the connections between the violence women experience and the historical, social, discursive, and legal contexts in which it unfolds. To that end, an intersectional and interdisciplinary approach employing concepts from diverse theoretical traditions and drawing on a range of disciplines, including criminology, history, sociology, political science, legal studies, economics, critical race studies, and, of course, gender studies, is used. Order a copy of the book here: https://utorontopress.com/ca/women-and-gendered-violence-in-canada-2#:~:text=Women%20and%20Gendered%20Violence%20in%20Canada%3A%20An%20Intersectional,an%20issue%20of%20interpersonal%20violence%20perpetuated%20by%20men. Gender politics and child custody: The puzzling persistence of the best-interests standard9/21/2020 E. S. Scott & R. E. Emery (2014). Gender politics and child custody: The puzzling persistence of the best-interests standards. Law and Contemporary Problems, 77(1), 69-108.
"There appear to be two different perspectives on the presumption of shared time parenting, one expressing concern about domestic violence or safety and responsibility, and the other concern about parental alienation from children, or the rights of parents; both are perceived to be problematic to policy reform toward shared parenting (Scott & Emery, 2014).” Read the full article here: https://www.researchgate.net/publication/288688063_Gender_Politics_and_Child_Custody_The_Puzzling_Persistence_of_the_Best-Interests_Standard Beth Archer-Kuhn & Stefan de Villiers (2019). In Cogitatio Press. 10.17645/si.v7i1.1768
Abstract: This article reports on an exploratory, qualitative, multiple-methods study that included individual interviews and a focus group with child protection services (CPS) workers in a large city in Alberta, Canada. The findings illuminate current CPS worker practices in situations of domestic violence where inclusion and exclusion decisions are made for service provision, and the ways in which documents reflect these day-today practices; how service user descriptions are constructed and reconstructed, the social problem of domestic violence conceptualized, and the ways in which professional development training encourages critical thinking about existing practices to create new solutions for families experiencing domestic violence. Thematic analysis reveals three themes about CPS workers' experience: 1) current practices reflect invisibility of men and accountability of women; 2) personal and professional shift in perspectives on who to work with, gender expectations , and how CPS are delivered; and 3) reflexive practice into potential intervention strategies and professional development training. The findings suggest specific recommendations for practice including the need to engage men in child welfare practice, shift perspective about service delivery with families experiencing domestic violence, and account for gender norms and practices in service delivery. Read the full article here: https://www.researchgate.net/publication/330711983_Gendered_Practices_in_Child_Protection_Shifting_Mother_Accountability_and_Father_Invisibility_in_Situations_of_Domestic_Violence Beth Archer-Kuhn (2018). In the Journal of Social Welfare and Family Law. DOI: 10.1080/09649069.2018.1444446
Abstract: In child custody decision-making experiences of domestic violence and high conflict are not the same. Legislative reform has not yet been guided by the parent voice to inform differentiated responses that keep women and children safe. Available literature in child custody decision-making focuses on outcome research regarding children’s adjustment and well-being. Debates about types of post-separation arrangements have yet to find agreement in three under-researched areas: (a) high conflict, (b) domestic violence; and (c) children under four. Yet, Canadian legislation supports shared parenting arrangements that privilege the dominant, powerful parent in situations of domestic violence. Based on a Canadian study that explores the parent perspectives and experiences of child custody decision-making, this paper privileges a sub-group of participants; five women, all survivors of domestic violence; defined here as both physical violence and coercive control. Data collection includes one-on-one tape-recorded interviews. Thematic analysis reveals that shared parenting is neither the goal, nor does it meet the needs of these women. The findings illuminate the importance of differentiating parent experience as distinct groups, and reinforces the notion of the state’s role in the reproduction of gendered power. Legislative reform and collaborative community practices are critical to facilitate healthy differentiated responses. Read the article here: https://www.researchgate.net/publication/323531277_Domestic_violence_and_high_conflict_are_not_the_same_a_gendered_analysis |
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