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)
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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 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) Dragiewicz, M., Woodlock, D., Salter, M., & Harris, B. (2021). "What's mum's password?": Australian mothers' perceptions of children's involvement in technology-facilitated coercive control. Journal of Family Violence. https://doi.org/10.1007/s10896-021-00283-4
Abstract This is the first article to analyze children’s involvement in technology-facilitated coercive control in Australia. The primary research question was ‘‘How do mothers describe their children’s involvement in technology-facilitated coercive control?”. This article is based on incidental findings from a larger study on Australian women’s experiences of technology-facilitated abuse in the context of domestic violence. Although children were not the focus of the study, semi-structured interviews with twelve mothers yielded discussion of children’s involvement in the abuse. We used thematic analysis to identify key dynamics and contexts of this abuse. We found that mothers and their children are co-victims of coercive control. Mothers interviewed for the study reported that children were involved in technology-facilitated coercive control directly and indirectly. This study bridges the gap between the extant research on children and coercive control and technology-facilitated abuse by highlighting the ways children are involved in technology-facilitated coercive control. The social and legal contexts of co-parenting with abusive fathers exposed mothers and children to ongoing post-separation abuse, extending abusive fathers’ absent presence in the lives of children Request a copy of the full article here: (PDF) “What’s Mum’s Password?”: Australian Mothers’ Perceptions of Children’s Involvement in Technology-Facilitated Coercive Control (researchgate.net) 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 Heward-Belle, S. (2017). Exploiting the 'good mother' as a tactic of coercive control: Domestically violent men's assaults on women as mothers. Affilia: Journal of women and Social Work, 32(3), 374-389. DOI: 10.1177/0886109917706935
Abstract: This article examines the ways that domestically violent men assault women as mothers and their mothering. Drawing on in-depth interviews with 17 Australian men who had perpetrated domestic violence, this article reports their accounts of using this tactic. This tactic was found to be particularly pernicious and grounded in hegemonic representations of the “good mother.” Domestically violent men deployed this tactic instrumentally to exert power and control over women and children. Raising awareness of private and public assaults on women as mothers and their mothering is a critical step toward countering oppressive constructions of women mothering through domestic violence. Obtain a fully copy of the article here: Exploiting the ‘good mother’ as a tactic of coercive control | Request PDF (researchgate.net) Brinig, M. F., Frederick, L. M., & Drozd, L. M. (2014). Presumptions on joint custody presumptions as applied to domestic violence cases
Abstract Despite the trend toward statutory presumptions in favor of joint legal and physical custody, practitioners increasingly recognize that domestic violence has serious implications for the efficacy and safety of parenting and shared care. This article explores the implications of domestic violence for shared parenting and for the statutory legal and physical custody presumptions and exceptions which are triggered by or are applicable to domestic violence. This article proposes that a better framework for addressing intimate partner violence–related custody cases is one that guides practitioners toward fact-based determinations of the implications of the violence for parenting and co-parenting in individual cases. Key Points for the Family Court Community: • Parents who are coercive controlling abusers frequently exhibit the types of problematic parenting behaviors which make shared parenting unrealistic. • Instead of applying blanket joint custody presumptions, all family court practitioners, including judges, should: (1) be alert to signs that domestic violence may be an issue; (2) understand the nature and context of any abuse; (3) determine the implications, if any, of the abuse for parenting and co-parenting; and (4) account for the violence and its implications in their handling of cases. • Exceptions for domestic violence cases fail to prevent the inappropriate application of joint custody presumptions to many families for whom domestic violence is a significant issue because: (1) abuse is often not detected by the system, (2) victims have problems proving that the abuse occurred, and (3) many practitioners are disinclined to believe that the abuse occurred. Obtain a full copy of the article here: (PDF) Perspectives on Joint Custody Presumptions as Applied to Domestic Violence Cases (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) Gutowski, E. & Goodman, L. A. (2020). “Like I’m invisible”: IPV survivor-mothers’ perceptions of seeking child custody through the family court system. Journal of Family Violence, 35, 441-457. https://doi.org/10.1007/s10896-018-00063-1
Abstract This qualitative descriptive study examines the perspectives of 19 mothers who survived intimate partner violence (IPV) and sought custody of one or more children through the family court system. We explored these mothers’ perceptions of the nature of court processes from start to finish, their understandings of the impact of court processes and outcomes on their well-being, and their recommendations for improvements to facilitate a process that is sensitive to survivors’ experiences with IPV. Mothers interviewed in this study described an experience that was largely invalidating and distressing, compounding the adverse effects of IPV on their well-being. Qualitative content analysis yielded six clusters: 1) survivors must enter into a court environment that implicitly presumes the absence of trauma, 2) survivors face obstacles to getting their stories of abuse across and heard, 3) survivors experience harmful and helpful interactions with court professionals, 4) survivors endure distress in the courtroom, 5) survivors suffer psychosocial consequences outside of the courtroom, and 6) survivors make recommendations for an improved custody process that is sensitive to experiences of IPV. Results paint a picture of a family court system that has the potential to cause grave, lasting harms to survivor-mothers who are separating from abusive partners. Obtain a full copy of the article here: (PDF) “Like I’m Invisible”: IPV Survivor-Mothers’ Perceptions of Seeking Child Custody through the Family Court System (researchgate.net) Miller, S. L., & Manzer, J. L. (2021). Safeguarding children’s well-being: Voices from abused mothers navigating their relationships and the civil courts. Journal of Interpersonal Violence, 36(9-10), 4545-4569. DOI: 10.1177/10886260518791599
Abstract Battered mothers often go to great lengths to protect their children from abuse. Most of these efforts play out in private settings such as the home. After their relationships end, women’s actions shift to the public sphere for judgment by the courts. Abusers’ strategies utilize the courts as another tool with which to call into question and challenge their former partners’ parenting. Images of “good mothers” who behave passively are favored by officials who often have incomplete understandings of the dynamics of intimate partner violence and abuse. Existing studies about justice-involved mothers insufficiently portray women’s experiences managing both continued abuse from past partners as well as discriminating treatment by the courts. Semistructured interviews with 25 women in the United States who have terminated their abusive relationships reveal strategies of negotiation and resistance used to protect their children both during and after their relationships; the women also recount instances of paternalism and naïveté present in civil and criminal courts. While their male abusers seemed to receive leniency from court officials, despite, in some cases, violating judges’ direct orders, the women’s efforts were sometimes interpreted as recalcitrance and disobedience when they challenged unfair labels, visitation, and custody decisions. This qualitative study contextualizes women’s efforts and actions taken to safeguard their children during and after their relationships to highlight women’s experiences the courts overlook and misconstrue as well as what happens when women engage with the courts. Policy suggestions include ways to prevent the continued victimization of battered women by the courts, to challenge the pejorative assessment of mother’s protective behaviors, and to illuminate court officials’ malfeasance and toleration of fathers’ tactics. Request a full-copy of the article here: Safeguarding Children’s Well-Being: Voices From Abused Mothers Navigating Their Relationships and the Civil Courts (researchgate.net) |
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