DIFFERENTIATION AMONG TYPES OF INTIMATE PARTNER VIOLENCE: RESEARCH UPDATE AND IMPLICATIONS FOR INTERVENTIONS

A growing body of empirical research has demonstrated that intimate partner violence is not a unitary phenomenon and that types of domestic violence can be differentiated with respect to partner dynamics, context, and consequences. Four patterns of violence are described: Coercive Controlling Violence, Violent Resistance, Situational Couple Violence, and Separation‐Instigated Violence. The controversial matter of gender symmetry and asymmetry in intimate partner violence is discussed in terms of sampling differences and methodological limitations. Implications of differentiation among types of domestic violence include the need for improved screening measures and procedures in civil, family, and criminal court and the possibility of better decision making, appropriate sanctions, and more effective treatment programs tailored to the characteristics of different types of partner violence. In family court, reliable differentiation should provide the basis for determining what safeguards are necessary and what types of parenting plans are appropriate to ensure healthy outcomes for children and parent–child relationships.     

ATTACHMENT PERSPECTIVES ON DOMESTIC VIOLENCE AND FAMILY LAW

Lieberman and Zeanah are specialist clinicians, researchers, and prolific publishers in the areas of infant mental health, attachment development in high‐risk environments, and treatment of infant–parent relationship trauma. In this article, Lieberman and Zeanah discuss the impacts of domestic violence on the attachment security and development of infants and children and address a number of implications for the family law context. Conundrums for parenting visitation and living arrangements are considered, together with the need for multidisciplinary, early response and the pivotal role of family courts in directing this response.     

Parenting Plans for Special Needs Children: Applying a Risk‐Assessment Model

Family courts are seeing an increasing number of separating or divorced families who have a special needs child. These cases present complex challenges for family law professionals charged with crafting parenting plans based on best interests standards. For many of these children, the typical developmentally based custodial arrangements may not be suitable, given the child's specific symptoms and treatment needs. We present a model for understanding how the general and specific needs of these children, as well as the demands on parents, can be assessed and understood in the context of divorce. This includes an analysis of risk and protective factors that inform timeshare and custodial recommendations and determinations. The risk assessment model is then applied to three of the most commonly occurring childhood neurodevelopmental and psychiatric disorders likely to be encountered in family court, namely, attention deficit/hyperactivity disorder, depressive disorders, and autistic spectrum disorders.

Key Points for the Family Court Community
• There has been a dramatic rise in the population of children with neurodevelopmental, psychiatric, and medical syndromes whose parents are disputing custody in the family courts.
• Family law professionals of all disciplines should develop a fundamental knowledge base about the most commonly seen special needs children in family court, such as those with neurodevelopmental conditions like autistic spectrum disorder, attention deficit/hyperactivity disorder, and severe depressive disorders (especially with teenagers), which may involve suicidal or self‐harming behaviors.
• Commonly recommended parenting plans may be inappropriate for many special needs children, as some function significantly below their chronological age and pose extreme behavioral challenges.
• A systematic analysis of risk and protective factors should inform timeshare arrangements and determinations with this varied population, including the safety of the child and severity of the disorder, parental commitment and availability to pursue medical, educational, and therapeutic services, the parental attunement and insightful about the problem, and the differential parenting skills of each parent.

     

FAMILY LAW AND THE NEUROSCIENCE OF ATTACHMENT,PART I

In this far‐reaching interview, Allan Schore, renowned scientist, clinical psychologist, and clinical neuropsychologist, considers the place of neuroscience in facilitating developmental knowledge and better decision making in family law matters. He details current science on the neurology of attachment formation, the function of early caregiving relationships, gender, neuroscience perspectives on conflict and family violence, and implications for parenting arrangements. At the meta level, Schore describes the responsibilities of the family law system in promoting the development of the child. On the faculty of the Department of Psychiatry and Biobehavioral Sciences, UCLA, Schore is on the editorial staff of 35 journals in various academic and clinical fields. His integration of neuroscience with attachment theory is documented in three seminal volumes, Affect Regulation and the Origin of the Self, Affect Dysregulation and Disorders of the Self , and Affect Regulation and the Repair of the Self, as well as numerous articles and chapters. He has justifiably earned the nickname of “America's Bowlby.”     

REPORT FROM THE WINGSPREAD CONFERENCE ON DOMESTIC VIOLENCE AND FAMILY COURTS

In February 2007 the National Council of Juvenile and Family Court Judges and the Association of Family and Conciliation Courts brought together a working group of thirty‐seven experienced practitioners and researchers to identify and explore conceptual and practical tensions that have hampered effective work with families in which domestic violence has been identified or alleged. Five central sets of issues were raised at the conference and are discussed in this report. These include the following: differentiation among families experiencing domestic violence, screening and triage, participation by families in various processes and services, appropriate outcomes for children, and family court roles and resources. The report emphasizes the need for continued multidisciplinary collaboration in order to better serve families affected by domestic violence and it includes an appendix of consensus points as well as suggestions for formation of ongoing work groups.     

An examination of the impact of community‐based rehabilitation on the offending behaviour of male domestic violence offenders and the characteristics associated with recidivism

Purpose. The aim of this study was to examine the impact of completing a community‐based rehabilitation programme on both the rate of domestic violence reoffending, and time to first post‐treatment offence within an 11‐month follow‐up period. In addition, the pre‐treatment psychological, demographic, and offending history characteristics of recidivists were examined. Methods. Prior to attending West Midlands Probation Area's Domestic Violence Perpetrator Programme (DVPP), 86 male offenders completed a battery of six psychometric tests. The tests were the Novaco Anger Scale, Inventory of Beliefs about Wife Beating, Abusive Behaviour Inventory, Interpersonal Dependency Inventory, Multidimensional Locus of Control Scale and Balanced Inventory of Desirable Responding. Post‐treatment reoffending was identified from police contact data. Results. Of the 86 offenders who started the DVPP, 21% were alleged to have reoffended within an 11‐month post‐treatment period. Completing the programme was not significantly associated with either alleged reoffending, or time to first alleged incident. The identified treatment effect size was small (w=0.20). It was found that higher interpersonal dependency and more frequent contact with the police in the 24 months prior to attending the programme for theft and violent domestic violence predicted post‐treatment domestic violence offending. Conclusions. The results of this study indicate that the programme did not significantly reduce the rate of alleged reoffending among programme completers, or the time to first post‐treatment offence reported to the police. However, the results suggest that those offenders who were alleged to have reoffended may represent a distinct offender subgroup. These results are discussed with reference to client treatment matching and the move towards nationally accredited rehabilitation programmes in the UK.     

PACT: A Collaborative Team Model for Treating High Conflict Families in Family Court

This article describes a court‐community model program for high conflict divorced families that is designed to reduce the level of inter‐parental conflict including: a) child exposure to inter‐parental conflict; and b) the frequency of re‐litigation over residential arrangements and parenting plans. The six‐session (16‐hour) program combines conflict resolution and group/community support. The program provides a “Personal Support Team” and “Personal Plan of Action” to help each parent control emotions and maintain agreement. The results of research conducted to explore the effect of the program on level of triangulation and inter‐parental conflict, as well as the frequency of re‐litigation over parenting plans, residential arrangements, and parenting time are reported.     

Domestic violence and high conflict are not the same: a gendered analysis

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.     

Co‐Parent Court: A Problem‐Solving,Community‐Based Model for Serving Low‐Income Unmarried Co‐Parents

The Hennepin County Co‐Parent Court Project was a 3‐year demonstration project for unmarried co‐parents. The goal of the project was to remove barriers to co‐parenting in low‐income, unmarried parents. The Co‐Parent Court Project encompassed a number of services, including educational workshops, individual case management, parenting plans, legal mediation, and, if needed, supports and treatment for domestic violence. There are published articles that highlight the participant outcomes of the Co‐Parent Project. This article, however, focuses on the background for why this project was developed, components of this project, and lessons learned from implementation.     

Mothering and Domestic Violence: A Longitudinal Analysis

The quality of the relationships that parents, particularly mothers, have with their children is a potent predictor of children’s future development. Recent research suggests that mothers of preschool-age children exposed to domestic violence may be more sensitive and responsive to their children than other parents. This heightened sensitivity and responsiveness in relationships may be key to the successful development of some children exposed to domestic violence; however this theory remains unexplored. The Canadian National Longitudinal Survey of Children and Youth provided a large sample size suitable for longitudinal analysis of the relationship between exposure to family violence and parenting behaviors. Analysis revealed that mothers of children exposed to domestic violence may indeed compensate for exposure to violence in their parenting interactions with their 2- to 12-year-old children.     

Evaluating the work of Australia's Family Relationship Centres: Evidence from the first 5 years

Family Relationship Centres (FRCs) have been described as a centerpiece of Australia's 2006 family law reforms. This paper places these centres in the larger context of the reforms and their commitment to providing community‐based family services in the family law area. The paper also examines the empirical evidence regarding FRCs' use and effectiveness. It notes that while the objectives and intentions of FRCs place considerable emphasis on strengthening family relationships and assisting families to stay together, the centres themselves have only a modest level of direct involvement with intact families. FRCs tend to have strong links with other community‐based family services, many of whom are more engaged with intact families; but it is difficult to gauge their effectiveness in this area. Most FRCs' direct services are aimed at separating families and most of that work involves family dispute resolution (family mediation) and associated services such as screening and assessment and the provision of relevant information. A substantial majority of clients who attend FDR at an FRC reach agreement about their parenting arrangements either at FDR or subsequent to attending FDR. These agreements also tend to hold up in the medium term. A majority of parents believe that at FDR, the child(ren)'s needs were taken into account; the parenting agreement worked for the child(ren); and the parenting agreement worked for them. A substantial proportion of FRC clients come from families that have experienced family violence or other dysfunctional behaviours, and such behaviours reduce the chances of resolving parenting disputes. The paper concludes by suggesting that having been created mainly as a default alternative to legal interventions and court processes, it is likely that a major future strength of FRCs will lie in their emerging capacity to work constructively not only with other relationship services and networks, but with family lawyers and the courts.     

Court‐Based Interventions in Spain for Families in Divorce Transition: Challenges in the Implementation of (Co)‐Parenting Coordination

Families facing separation or divorce in Spain encounter a number of obstacles, including a primarily adversarial and slow justice system, nonspecialized courts and judges, and a lack of resources to help them through the process. Recent legislation at the regional level (autonomous communities) is moving toward emphasizing shared parental responsibility and introducing parenting plans, while at the national level, legislation advances slowly. One of the main challenges professionals are facing in high‐conflict couple separation is protecting children from the effects of being in the middle of their parents’ conflict. Traditional psychological, legal, and social services are insufficient to support parents and protect their children from interparental hostile conflict—which can be exacerbated by litigation, professional intervention, domestic violence, or addiction. This article illustrates, through a case study, the implementation of parenting coordination in Spain. Different jurisdictions in Spain are slowly implementing (co‐)parenting coordination, an in‐depth intervention designed to support these families. The objective is to help families focus on children's needs and follow the court‐approved parenting plans or court orders, reduce relitigation, and improve parental communication and conflict resolution skills. This article analyzes different aspects and challenges relating to the implementation of parenting coordination in Spain. Recommendations are then made to address them.     

The family law detection of overall risk screen (FL-DOORS): Utility as a repeated measure for assessing change in family violence risk over time

Conflicted parental separation is associated with risks to safety and wellbeing for all family members. The Family Law DOORS (FL-DOORS; Detection of Overall Risk Screen) is a standardized screening framework to assist identification, evaluation, and response to family safety risks. The FL-DOORS has previously been validated in two large Australian samples (N = 6089) and found fit-for-purpose as an indicator of family violence and wellbeing risks in separated families. Now, using pilot data from a community mediation context, we examine its utility as a repeated measure for detecting change in safety and wellbeing over time. A pilot cohort of 67 parents engaged in a mediation service for parenting and/or property disputes completed the FL-DOORS at intake (T1) and approximately 8 weeks later (T2). We assessed T1-T2 change scores and correlations in change between variables and used MANOVA to determine if clusters of related scales discriminated change across time. Findings support the psychometric capacity of the FL-DOORS for use as a repeated measure in risk monitoring. We also note possible effects of this early screening process for reducing risk prior to engagement in mediation input. We discuss implementation utility for family law services to monitor change in risk type and magnitude over time.     

Specialist domestic violence courts for child arrangement cases:safer courtrooms and safer outcomes?

ABSTRACT

Child arrangement cases in England and Wales are dealt with in the ordinary family courts. Whilst a special practice direction is applicable to child arrangement proceedings where there are allegations of domestic abuse, there is no specialist domestic violence court in the family justice setting. However, court specialisation is a feature of the criminal justice system and has been demonstrated to have success in domestic violence cases. Some of the potential benefits of specialisation, such as the provision of safer courtrooms, might be transferable to the family justice setting. Given the well documented problems of ordinary courts dealing with child arrangements in domestic violence cases, this article considers whether court specialisation could provide victims with safer courtrooms and safer outcomes in child arrangement cases.     

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.     

A history of the use of the concept of parental alienation in the Australian family law system: contradictions,collisions and their consequences

ABSTRACT

This paper presents insights into the history and current deployment of the concept of parental alienation in the Australian family law system. It begins in 1989, when an article on parental alienation syndrome was first published in an Australian law journal. It then traces aspects of the socio-legal and social science research, gender politics, law reform and jurisprudence of the following 30 years, paying attention to moments of significant change. The impacts of major amendments that emphasise the desirability of post-separation shared parenting outcomes in 1996 and 2006 are specifically considered. More recently, in 2012, reforms intended to improve the family law system’s response to domestic and family violence were introduced. The history reveals an irreconcilable tension between the ‘benefit’ of ‘meaningful’ post-separation parent-child relationships and the protection of children from harm. When mothers’ allegations of violence in the family are disbelieved, minimised or dismissed, they are transformed from victims of abuse into perpetrators of abuse – alienators of children from their fathers. Their actions and attitudes collide with the shared parenting philosophy. This is arguably an inescapable consequence of a family law system that struggles to deal effectively with family violence in the context of a strong shared parenting regime.     

CHILD CUSTODY MEDIATION AND SPOUSE ABUSE

This article discusses domestic violence, providing information and a review of literature regarding this phenomena. The article then goes on to describe a protocol developed by the Orange County (California) mediation and investigative unit that provides protection to the alleged victim of violence through the use of assessment interviews, co-mediation with a male-female mediation team, and the development of postparenting arrangements that provide for protection and security. The article also reviews a sample of 100 domestic violence cases handled in Orange County during 1991. Data from this research suggest that mediators using the protocols described in this article are able to guide the more serious, high-risk cases into more protective outcomes and that mediation can provide a very important adjunct to the trial court process.     

Violence, Separation, and Loss in the Families of Origin of Domestically Violent Men

The intergenerational transmission of domestic violence is most commonly studied from the perspective of social learning theory, with the consequence that variables external to that perspective are often overlooked. This study was undertaken in an effort to broaden the theoretical basis of intergenerational transmission of domestic violence by assessing if incorporating variables from attachment theory (measures of separation and loss) with exposure to violence in family of origin would increase predictive power of a multiple regression model. Subjects (N = 74) were men in treatment for domestic violence. Separation and loss variables were found to exert effects on respondents’ violent behavior greater than or comparable to those from exposure to family of origin violence. Findings supported a need to broaden theoretical views of the etiology of domestic violence perpetration.     

PARTNER VIOLENCE AND RISK ASSESSMENT IN CHILD CUSTODY EVALUATIONS

How to integrate the problem of partner violence into a child custody evaluation is analyzed within a risk-assessment approach. The research literature on partner violence is reviewed to examine the issues of establishing a base rate for partner violence and its relative frequencies for both genders. Theoretical typologies of partner violence are reviewed and a new typology presented that is more suitable to the predictive task in the custody evaluation. A model of how the evaluator should approach partner violence is described, with an integration of a risk-assessment approach to child developmental outcomes as associated with custody and parenting time arrangements and a violence risk assessment of a perpetrator/parent.