An Exploratory Study of Custody Challenges Experienced by Affirming Mothers of Transgender and Gender‐Nonconforming Children

Family courts have lacked familiarity with evidence‐based recommendations regarding the best interests of transgender and gender‐nonconforming (TGNC) children, resulting in some affirming parents losing physical and/or legal custody. This exploratory, qualitative study with 10 affirming mothers of TGNC children who had experienced custody‐related challenges reported on salient themes, including “blame” for causing children's gender nonconformity, coercion by ex‐partners, bias in the courts, negative impact on children, emotional and financial toll on participants, and the critical importance of adequate resources. Findings indicate the need for better‐educated family court professionals, as well as socioemotional support and financial and legal assistance for affirming parents of TGNC children.     

THE SOCIAL ECOLOGY OF VIOLENCE AGAINST WOMEN*

Despite more than three decades of research on the topic of violence against women, the relative contribution of individual, family and community factors to victimization risk remains unknown. We use self‐report data from the Area‐Identified National Crime Victimization Survey to study the correlates of stranger, nonstranger and intimate‘partner violence against women. Regardless of victim‐offender relationship, we find that the risk for victimization is highest among young, single women with children, particularly those who have lived in the current home for relatively shorter periods. Area family and age composition appear to have stronger direct relationships with women's violence than poverty or racial composition measures. We also find there to be more similarities than differences in the individual, family, and community correlates of stranger, nonstranger and intimate partner violence. We discuss these findings as part of the growing body of multilevel literature on violence and on violence against women.     

Transferring custody from birth parents to foster parents – an ambiguous matter

In this study, we analyse 32 district court decisions regarding custody transfers from the birth parents to the foster parents in Sweden. When a child has been in foster care for three years, in order to enhance stability for child, the local social welfare committee considers a transferral of custody to the foster parents following an application to the district court. Although all but one of the decisions in our study favoured a custody transfer, the courts acknowledge different reasons for this. Specifically, there is vagueness about whether or not functioning contact between the child and birth parents is a hindrance in custody transfer. Our findings stress the need for clarification in the law regarding the criteria for custody transfer in order to reach a more unified judgment. Furthermore, the district courts do not sufficiently acknowledge children’s views, and we suggest that children and young people should be made more visible in the decision-making process.     

Penalizing women’s fear: intimate partner violence and parental alienation in Canadian child custody cases

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.     

“I WANT MY MOMMIES”: THE CRY FOR MINI‐DOMAS TO RECOGNIZE THE BEST INTERESTS OF THE CHILDREN OF SAME‐SEX COUPLES*

In child custody cases, courts will look to the best interests of a child to maintain visitation/custody rights only with the child's biological parent, not third parties. However, with a same‐sex couple, it is inevitable that one parent will not be the biological parent. Thus, when that parent is in a mini‐DOMA state, where same‐sex couples from non‐mini‐DOMA states do not have to be recognized, that parent will be viewed as a third party and lose all visitation/custody rights if the couple separates. This note advocates that mini‐DOMAs allow both the biological and nonbiological parents of a same‐sex couple to have visitation/custody rights of their children if it would be in the best interest of the children to do so.     

COMMENTARY ON "EMPIRICAL AND ETHICAL PROBLEMS WITH CUSTODY RECOMMENDATIONS:"

Whether or not custody evaluators, testifying as expert witnesses, continue to make specific custody recommendations, custody decision making will continue to be based upon inadequate and untested evidence unless and until we reform the family court system in American courtrooms. Judges and lawyers must have specialized knowledge and training about such things as the developmental needs of children, the effects of divorce on children, domestic violence, and child safety issues; lawyers must develop litigation as well as mediation and negotiation skills; specialized family courts utilizing individual calendars and case management techniques must be established; and the complexities and intellectual challenges of family law cases needs to be recognized.     

Assessing Danger: What Judges Need To Know

Every day, judges are faced with decisions regarding intimate partner violence (IPV) victims' requests for protection orders, custody arrangements, and visitation schedules. To make informed decisions, judges must understand victims' risk for future violence. This mixed method study explores the extent to which protection order petitions (n=169) communicate victims' current danger and future risk of violence. Methods included interviews coupled with an archival review of court petitions. Findings suggest judges are inadequately prepared to render decisions to improve victim safety in the absence of standardized risk assessments. The Danger Assessment provides an evidence-based solution to routinize intake interviews with victims petitioning the court.     

Transgender Family Law

Transgender people face unique issues in parentage, custody, and divorce cases. Many transgender people are raising children or wish to do so. This article examines the main legal issues facing transgender people who become parents by giving birth or impregnating a partner, through assisted reproduction, through marriage, by raising a child, or through adoption. In the past, some courts viewed a parent's gender transition as a sufficient reason to terminate parental rights. Today, the law has shifted to provide much more security for transgender parents, though significant bias still remains, particularly in divorce and child custody cases. In addition, many states have not yet fully addressed how to determine the legal parentage of children born through assisted reproduction. I analyze the legal landscape for transgender parents and spouses and offer critical suggestions to ensure that transgender people are able to protect their families and their parental rights.     

ADVOCATING FOR COMPREHENSIVE ASSESSMENTS IN DOMESTIC VIOLENCE CASES

Many jurisdictions handle domestic violence cases on a one‐size‐fits‐all basis, with a presumption in favor of a finding of child neglect and removal when children are exposed to domestic violence. Such a standard fails to recognize that not all domestic violence is the same and not all families are equally affected. The impact of domestic violence depends on several factors such as the different types of domestic violence the frequency and intensity of the violence, the frequency and extent of the child's exposure, and each family member's unique experiences and characteristics. This view takes the position that parents’ capacity to participate in counseling and services promoting the health and safety of their children varies, as does the appropriateness of children being removed from the home as a result of exposure to domestic violence. Therefore, this Note proposes that states develop a standard for both courts and child protective agencies that carefully examines each domestic violence case using an individualized factual analysis and attempt to mitigate the effects of a child's exposure to domestic violence by means other than a presumption for or against removal (temporary or permanent) in every case.     

Canada’s First Integrated Domestic Violence Court: Examining Family and Criminal Court Outcomes at the Toronto I.D.V.C.

This is the first quantitative study to examine Canada’s only Integrated Domestic Violence Court. The methodology used a quasi-experimental design with parallel groups with baseline equivalence. Results demonstrate that when support services are provided to victims of domestic violence during family separation, children benefit from greater involvement with both parents. There was more compliance with child support in the integrated court than the comparison group and compliance in custody and access were two variables that predicted the type of final custody orders. There were fewer judges involved in the IDVC court than comparison group; however, there were no differences in the number of court appearances between groups. The IDVC demonstrates a promising intervention to address domestic violence that involves both criminal and family law courts. Future research is needed to explore the views of children, victims and offenders about their experiences with the IDVC.     

Divorce, Custody, and Spousal Violence: A Random Sample of Circuit Court Docket Records

The fastest growing marital status category in America is divorced, with the number of divorced individuals quadrupling between 1970 and 1996. The majority of children in divorced families live with a single parent and often lose contact with the noncustodial parent. A recent review of the literature suggests that many noncustodial fathers fail to keep contact with their children and become delinquent in child support payments because of their dissatisfaction with the custody arrangement. However, there has been little examination of how custody arrangements are typically determined or settled. In addition, divorces that involve spousal violence bring further complications to child custody, visitation, and child support decisions. This study included a 20% random sample of court records for all divorces settled in one county judicial circuit court during 1998. The purpose of this study was to examine characteristics of divorcing adults as well as characteristics of child custody arrangements, visitation, and child support decisions. Contrary to popular belief, findings from this study indicate that divorce actions were almost always settled through agreement of the divorcing parties rather than by adjudication. About 38% of the couples had children in common and between 78 and 92% of cases were settled through agreement, which suggests that fathers are in fact agreeing to the custody arrangement, rather than being forced into it. About one in five records overall noted spousal violence, and there was no significant difference in settlement methods for couples with or without spousal violence. Cases with children and spousal violence were significantly more likely to have also mentioned substance use and postdecree activity. This study suggests a need for more focused attention on divorce cases with spousal violence to reduce postdecree court involvement and safety of children and adult victims, as well as further study into what causes noncustodial parents to lose contact with their children.     

RELOCATION,RESEARCH, AND FORENSIC EVALUATION,PART I: EFFECTS OF RESIDENTIAL MOBILITY ON CHILDREN OF DIVORCE1

The issue of relocation presents courts and child custody evaluators with dilemmas on the issue of allowing a child to move with a parent to a new community and how to craft long‐distance parenting plans if relocation is allowed. The issue of the potential effects of residential moves on children of divorce has focused on the importance of the child–nonresidential parent relationship. The research literature on the effects of residential moves, or relocation, on children of divorce has not been fully integrated into the examination of this issue and its relevance for the child custody evaluation. The literature shows residential mobility is a general risk factor for children of divorce and this is a starting point for the custody evaluation, but it is not a basis for bias or a presumption against relocation. Predicting a child's adjustment to relocating or not relocating requires a careful and contextual investigation of the child and family circumstances. The research literature is a helpful frame of reference.     

Exposure Reduction or Retaliation? The Effects of Domestic Violence Resources on Intimate‐Partner Homicide

Rates of homicide involving intimate partners have declined substantially over the past 25 years in the United States, while public awareness of and policy responses to domestic violence have grown. To what extent has the social response to domestic violence contributed to the decline in intimate‐partner homicide? We evaluate the relationship between intimate‐partner homicide and domestic violence prevention resources in 48 large cities between 1976 and 1996. Controlling for other influences, several types of prevention resources are linked to lower levels of intimate‐partner homicide, which we interpret in terms of their capacity to effectively reduce victims' exposure to abusive or violent partners. Other resources, however, are related to higher levels of homicide, suggesting a retaliation effect when interventions stimulate increased aggression without adequately reducing exposure. In light of other research on deficiencies in accessing and implementing prevention resources, our results suggest that too little exposure reduction in severely violent relationships may be worse than none at all.     

HOW JUDGES DECIDE WHETHER SOCIAL PARENTS HAVE PARENTAL RIGHTS: A FIVE‐FACTOR TYPOLOGY

Courts have issued conflicting rulings regarding the rights (e.g., custody, visitation) and responsibilities (e.g., child support) of non‐biological gay parents. This analysis establishes a typology of five factors that most commonly influence judges' decisions. These factors include: interpretation of parenting statutes, legislative intent, parental intent, legal documents establishing parenthood, and the child's best interests. Despite these common themes, there is still much discrepancy among court rulings. Based on this analysis, there are steps parents can take to protect their legal rights and living arrangements. Finally, policy suggestions are offered for courts and lawmakers. These legal actors can take steps (e.g., clarifying statutes) that would provide certainty for families in case of parental separation or the biological parent's death.     

REDUCING INTIMATE PARTNER VIOLENCE: AN EVALUATION OF A COMPREHENSIVE JUSTICE SYSTEM‐COMMUNITY COLLABORATION*

Research Summary In 1999, three communities were selected to participate in a research demonstration designed to test the feasibility and impact of a coordinated response to intimate partner violence that involved the courts and justice agencies in a central role. The primary goals of the Judicial Oversight Demonstration (JOD) were to increase victim safety, hold offenders accountable, and reduce repeat offending using coordinated community services and integrated justice system policies in intimate partner violence court cases. The partnerships differed from earlier coordinated community responses to domestic violence by placing special focus on the role of the court, specifically the judge, to facilitate offender accountability in collaboration with both nonprofit service providers and other criminal justice agencies. This article presents the results of an impact evaluation of this demonstration in all sites. The demonstration received mostly positive responses from justice system agencies, service providers, offenders, and victims. Improvements were made in offender monitoring, consistent sanctioning, and increased supervision. However, these changes did not translate into gains in victim perceptions of their safety or into reductions in repeat violence in all sites. Policy Implications The demonstration had minimal impact on changing offender attitudes and behavior. The mixed results of the evaluation indicate that the most effective justice system responses to intimate partner violence must include a focus on protecting victims, close monitoring of offenders, and rapid responses with penalties when violations of court‐ordered conditions are detected. Indications were found that JOD strategies were effective for some subgroups, including younger offenders with fewer ties to the victim and offenders with extensive arrest histories. The observed reductions in intimate partner violence in selected subgroups in the JOD sites may suggest a fruitful way to begin designing new intervention strategies, including prevention programs for men and women.     

INTIMATE PARTNER VIOLENCE IN U.S. METROPOLITAN AREAS: THE CONTEXTUAL INFLUENCES OF POLICE AND SOCIAL SERVICES*

Although community responses to the problem of intimate partner violence typically focus on increasing and improving policing and social services, few studies have examined the relationship among police force size, social service providers, and women's safety at home. To address this issue, we use data from the National Crime Victimization Survey to examine patterns of intimate partner violence for 40 metropolitan statistical areas (MSAs) over a 16‐year period (1989–2004). We analyze the data using three‐level multilevel models, with individual respondents (N = 487,166) nested within years, nested within MSAs. Net of other important individual and contextual factors, the results show that women's likelihood of victimization is significantly lower in MSAs that employ more sworn officers per capita, whereas the states’ mandatory arrest laws are not found to have significant independent effects. Above and beyond the effects of police force size, we also find a significant negative relationship between the size of the social service workforce and intimate partner violence. Future research should develop collaborative data collection efforts to examine the specific activities of police and social service workers in dealing with intimate partner violence so that the mechanisms underlying these significant relationships can be understood more clearly.     

Judicial decision-making in family court involving children with autism spectrum disorder

The prevalence of autism spectrum disorder (ASD) in children and adolescents has increased over the past decade. Consequently, the courts and experts are more likely to be exposed to these children whose needs are highly heterogeneous. The present study aims to document judicial decision-making about children with autism spectrum as well as the parenting recommendations made by experts involved in these cases. There were 104 court decisions reviewed in Quebec over the past ten years. The results show that 85.6% of the decisions included a child custody assessment and that judges are more likely to order primary care to mother (56%). However, shared parenting (27%) and primary care to the father (17%) were also ordered in disputes involving an autistic child. Bivariate analyses revealed that challenges with parental monitoring and supervision were associated with court-ordered parenting arrangements. The present study revealed that a child custody assessment as well as father custody are more often observed than in the general population. This study highlights the need for further research to shed light on the best interests of children with ASD following the separation of their parents.     

HOMOSEXUAL PARENTS

This article will first examine the approaches used by the courts in making custody decisions that involve homosexual parents; second it will review the assumptions commonly made about homosexuals and the effect homosexual parenting has on a child, and how these rationales are in fact used to justify a denial of custody or the imposition of restrictions on the homosexual parent; third, it will discuss what implications the courts' treatment of this issue has for legal practice.