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)
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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 Post-Separation Contact and Domestic Violence: our 7-Point Plan for Safe[r] Contact for Children10/11/2021 James-Hanman, D., & Holt, S. (2021). Post-separation contact and domestic violence: Our 7-point plan for safe[r] contact for children. Journal of Family Violence, 1-11. https://doi.org/10.1007/s10896-021-00256-7
Abstract The impact of living with domestic violence and abuse has been recognised in policy and law in many jurisdictions as reaching the threshold of ‘significant harm’, with children’s exposure included in definitions of abuse and neglect that require mandatory reporting, alongside an emerging recognition of coercive control as central to both the perpetration of domestic violence and abuse, and how children experience it. Far from separation providing an end to this exposure, over two decades of research on child contact arrangements highlights how it can provide legitimate opportunities for abuse to continue. While the empirical evidence demonstrates that using violence against a partner impacts on men’s ability to parent their children pre-separation, and a burgeoning knowledge base and improved professional acumen appreciates the risk to children and mothers of ongoing and escalating abuse post-separation, the international practice of the presumption of contact continues to trump this empirical evidence in the overwhelming majority of cases. This not only fails to consider the risk that domestic violence and abuse poses to child safety, but serves further to marginalise children’s safety. Motivated by our collective experience across the domains of research, policy and practice, this commentary poses some difficult questions, challenging a conversation about both the risks and benefits of contact in the context of a history of domestic violence and abuse. In no particular order, this paper outlines our seven point plan, which, based on the evidence, we believe could make a significant difference to safe(r) post-separation contact for children To download a copy of the full article: www.researchgate.net/publication/349425541_Post-Separation_Contact_and_Domestic_Violence_our_7-Point_Plan_for_Safer_Contact_for_Children Critelli, F., & Yalim, A. C. (2020). Improving access to domestic violence services for women of immigrant and refugee status: A trauma-informed perspective. Journal of Ethnic & Cultural Diversity in Social Work, 29(1-3), 95-113. DOI: 10.1080/15313204.2019.1700863
Abstract study is based in a mid-size city in New York State, where the immigrant and refugee population is steadily growing as a result of the U.S. federal resettlement program and secondary migration. These transformations pose challenges to service providers. Women of immigrant and refugee status who experience domestic violence constitute a particularly vulnerable, yet underserved population. This study is based on 25 in-depth interviews with program users and service providers within organizations that serve domestic violence survivors. It examines service needs and paths to help-seeking among these women through an intersectional and trauma-informed lens. Recommendations to improve service delivery and policies for this population are discussed. Request a full copy of the article here: Improving access to domestic violence services for women of immigrant and refugee status: a trauma-informed perspective | Request PDF (researchgate.net) Backes, B. L., Fedina, L., & Holmes, J. L. (2020). The criminal justice system response to intimate partner stalking: A systematic review of quantitative and qualitative research. Journal of Family Violence, 35, 665-678. https://doi.org/10.1007/s10896-020-00139-3.
Abstract Intimate partner stalking (IPS) is a significant public health and public safety issue, yet it remains a largely understudied area especially related to effective practices for victim engagement and response. This study uses systematic review methods to assess the range of criminal justice responses to IPS victimization and the extent to which these responses are successful in promoting survivor safety, well-being, and justice. Multiple scholarly and gray-literature databases were searched to locate studies on criminal justice responses to IPS. Over 336 records were reviewed dating back to 1993 and screened for inclusion in the study, resulting in a final sample size of 22 studies. Findings identify both formal and informal strategies used by the criminal justice system to address IPS. However, pervasive barriers exist including a lack of knowledge and training on stalking, difficulties in investigation and prosecution, and negative perceptions of victims. Successful strategies for mitigating IPS were linked to increased training of law enforcement and prosecution and the granting and enforcement of civil protective orders. Complexity of charging decisions was identified as a challenge for criminal justice entities and methodological and definitional issues make stalking a difficult area to study. Despite numerous barriers in effectively responding to victims of IPS, recommendations for improving responses across the criminal justice system include enhanced training and periodic refreshers across criminal justice entities, coordinated reviews of IPS cases, and better incorporation of the stalker’s criminal history to strategically pursue charges. Obtain a full copy of the article here: (PDF) The Criminal Justice System Response to Intimate Partner Stalking: a Systematic Review of Quantitative and Qualitative Research (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) McClure, M. M., & Parmenter, M. (2017). Childhood trauma, trait anxiety, and anxious attachment as predictors of intimate partner violence in college students. Journal of Interpersonal Violence, 35(23-24). DOI: 10.1177/0886260517721894
Abstract: The current study investigates the relationship between intimate partner violence (IPV), childhood trauma, trait anxiety, depression, and anxious attachment in college students. Ninety-three male and 161 female undergraduate students at Fairfield University, ranging in age from 17 to 23, with a mean age of 18.8 years, participated. Participants completed five self-report inventories: The Conflict in Adolescent Dating Relationships Inventory (CADRI), the Childhood Trauma Questionnaire (CTQ), the State-Trait Anxiety Inventory (STAI), the Beck Depression Inventory (BDI), and the Adult Attachment Scale (AAS). IPV perpetration in college dating relationships was related to childhood emotional and physical abuse, emotional and physical neglect, and trait anxiety. IPV victimization in college dating relationships was related to childhood emotional and physical abuse, childhood emotional and physical neglect, and an anxious attachment style. IPV perpetration and victimization were also significantly correlated with one another. Subscale analyses suggest that childhood emotional abuse was related to being both the perpetrator and victim of verbal or emotional abuse in dating relationships. Childhood physical abuse, physical neglect, and emotional abuse were related to both perpetration and victimization of physical IPV. Threatening behavior perpetration in dating relationships was related to childhood emotional abuse, emotional neglect, physical abuse, and physical neglect; however, being the victim of threatening behavior was only related to childhood emotional abuse, physical neglect, and emotional neglect, not childhood physical abuse. These results support the relationship between childhood trauma and dating violence in college students. They also support a role for anxiety in IPV, although trait anxiety was related to perpetration and an anxious attachment style was correlated with IPV victimization. In addition, they suggest that different experiences of childhood trauma may relate to different aspects of IPV in college dating relationships. Request a copy of the full-text here: Childhood Trauma, Trait Anxiety, and Anxious Attachment as Predictors of Intimate Partner Violence in College Students | Request PDF (researchgate.net) Koshan, J., Mosher, J., & Wiegers, W. (2020). COVID-19, the shadow pandemic, and access to justice for survivors of domestic violence. Osgood Hall Law Journal, Osgood Legal Studies Research Paper.
Abstract: The COVID-19 pandemic has co-existed alongside a far less visible “shadow pandemic” of violence against women, with COVID-19 impacting the number and complexity of domestic violence cases and enabling new tactics for coercive control. This article provides a preliminary assessment of the extent to which Canada’s responses to the COVID-19 pandemic have prioritized the safety of women and children, with a focus on the courts and women’s access to justice. We examine court directives and judicial decisions triaging which cases would be heard as “urgent,” as well as courts’ decisions on the merits in cases involving domestic violence and COVID-19, spanning the areas of family, child welfare, criminal law, and civil protection orders. In the sixty-seven reported decisions in our sample, we find very little awareness overall of the heightened risks for survivors during COVID-19, in keeping with the pre-pandemic tendency of decision makers to focus on incident-based physical violence instead of patterns of coercive control. Our analysis also suggests that survivors’ ability to prove domestic violence and secure court orders that would help to ensure their safety was hampered not only by procedural complexity but also by the reduced availability of a range of services—health, counselling, housing, and supervised access centres, for example— as a result of COVID-19. The cases further reveal significant differences in judicial interpretation of the risks of COVID-19 relative to the risks of domestic violence, often depending on the area of law in question. This again aligns with observations of the judicial treatment of domestic violence prior to the COVID-19 pandemic, with different and sometimes conflicting norms and assumptions prevailing in different legal contexts. We conclude that despite some positive government responses and judicial decisions, COVID-19 has further exposed many of the gaps in knowledge about domestic violence and in the supports and resources necessary to make women and children safe that long pre-dated COVID19. In addressing the ongoing pandemic of violence against women, we offer some suggestions of measures to improve access to justice during this and future disasters. Obtain the full report here: COVID-19, the Shadow Pandemic, and Access to Justice for Survivors of Domestic Violence by Jennifer Koshan, Janet Eaton Mosher, Wanda Anne Wiegers :: SSRN Woodlock, D., McKenzie, M., Western, D., & Harris, B. (2020). Technology as a weapon in domestic violence: Responding to digital coercive control. Australian Social Work, 73(3), 368-380.
Abstract Technology-facilitated domestic violence is an emerging issue for social workers and other service providers. The concept of Digital Coercive Control (DCC) is introduced to highlight the particular nature and impacts of technology-facilitated abuse in the context of domestic violence. While practitioners have become more adept at working with women experiencing DCC, there is still little known about its dynamics and whether this violence requires a change in current service responses. This article explores findings from survey research conducted with 546 Australian domestic violence practitioners about the ways perpetrators use technology as part of their abuse tactics. The findings demonstrate that DV practitioners believe perpetrator use of technology is extensive and has significant impacts on the safety of clients. A major dilemma faced by practitioners is how to promote and facilitate client safety from DCC while still enabling safe use of technology so clients can remain connected to family, friends, and community. IMPLICATIONS
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