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)
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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) 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 Birnbaum, R. (2019). "Virtual parenting" after separation and divorce. The Vanier Institute of the Family.
Introduction The rapid increase in the use of communication technologies, such as text messages, instant messaging, email, social networking sites, Skype, FaceTime and webcams, has provided a variety of new ways for parents to maintain their relationships with their children and manage family responsibilities after separation and divorce. At the same time, the increased use of these methods has also created a new area of discussion and debate about the risks and benefits of this type of “virtual parenting.” Issues such as safety and vulnerability, the ability to use technology, and privacy and confidentiality for the child and each parent are only some of the considerations both for the family justice professionals who recommend virtual contact and for the courts that decide on these types of parent–child contact orders. Retrieve the report here: “Virtual Parenting” After Separation and Divorce – The Vanier Institute of the Family / L’Institut Vanier de la famille 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
Trudell, A.L. & Whitmore, E. (2020). Pandemic meets Pandemic: Understanding the Impacts of COVID19 on Gender-Based Violence Services and Survivors in Canada. Ottawa & London, ON: Ending Violence Association of Canada & Anova.
From the Executive Summary: Understanding the Impacts of COVID-19 on Gender-Based Violence Service Provision is a national survey that was developed collaboratively by the Ending Violence Association of Canada and Anova. The purpose of the survey was to learn about the impact of the COVID-19 pandemic from service providers and advocates who are working with survivors of gender-based violence (GBV) and/or delivering GBV-focused services across Canada. From May 18 to July 20, 2020, 376 staff and volunteers in the GBV sector responded to this survey. They spoke about: • concerns and challenges facing GBV workers and organizations during the COVID-19 pandemic • procedural and policy shifts that were necessary in light of the COVID-19 pandemic and the efficacy of these shifts • impacts on survivors as understood by those who are actively supporting survivors • current and anticipated needs for GBV service provision Read the full report here: endingviolencecanada.org/wp-content/uploads/2020/08/FINAL.pdf Jaffe, P. (2014). A presumption against shared parenting for family court litigants. Family Court Review, 52(2), 187-192. Abstract Shared parenting is the most beneficial model for planning the future of many separating parents and their children. Shared parenting needs to be crafted, for appropriate cases, by willing parents on their own or through coaching by responsible lawyers, counsellors, or mediators. Shared parenting is not an outcome that should be forced on high‐conflict parents against their will as a compromise in the hopes that they will grow into the plan. Separating parents with a history of domestic violence need to receive appropriate screening and assessment on the nature of the violence, the impact of the violence on the adult victim and children, and the interventions required by the perpetrator before a safe parenting plan can be designed. The Think Tank Report on shared parenting is to be commended for its work. The Report acknowledges some of the limitations of shared parenting in situations that pose risks to children and/or inadvertently promote ongoing conflicts between parents. My concern is that domestic violence victims will be forced into shared parenting or fear being labelled as “hostile” and “unfriendly parents” or accused of alienation. There continues to be a need for much more professional education on the ongoing risks of domestic violence and the implications for differentiated parenting plans. Request a copy of the article here: A Presumption Against Shared Parenting for Family Court Litigants (researchgate.net) Sheehy, E., & Boyd, S. B. (2020). Journal of Social Welfare and Family Law, 42(1), 80-91. https://doi.org/10.1080/09649069.2020.1701940 Abstract
This paper explores Canadian family law cases involving claims of parental alienation and of family violence from 2014–2018, reporting the data on these claims, their resolution, and their impacts upon custody and access. A close reading of those cases where both alienation and intimate partner violence claims are made reveals troubling patterns in how intimate partner violence is discounted in this context. We suggest that the rise of shared parenting as a dominant norm assists in understanding why alienation has achieved such unquestioned status, and call for greater focus on safety and women’s and children’s voices. Request a full-copy here: https://www.researchgate.net/publication/339328203_Penalizing_women%27s_fear_intimate_partner_violence_and_parental_alienation_in_Canadian_child_custody_cases D. G. Saunders & K. Oehme (2007). Child custody and visitation decisions in domestic violence cases: Legal trends, risk factors, and safety concerns. Harrisburg, PA. VAWnet.org
Although there is a need for much more practice experience and research, our current knowledge of risk factors for continued abuse of women and children means that decisionmakers must exercise great caution in awarding custody or visitation to perpetrators of domestic violence. If visitation is granted, coordination with the courts, careful safety planning, and specific conditions attached to the court order are crucial for lowering the risk of harm to children and their mothers. Read the full report here: https://vawnet.org/sites/default/files/materials/files/2016-09/AR_CustodyREVISED.pdf |
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