PROTECTING VICTIMS OF DOMESTIC VIOLENCE AND THEIR CHILDREN AFTER DIVORCE

This article discusses the issue of domestic violence in the postdivorce context and how abused women who have children with their abusers are at a particular high risk of becoming victims of this phenomenon. It discusses recent state legislation that has been enacted to deal with the problems of domestic abuse after divorce. More specifically, this article looks at the American Law Institute's proposed model statute on child custody and visitation and how it addresses the issue of domestic violence both during and after divorce. This article will also explore potential flaws of the American Law Institute's model as well as some ideas for further development in this area .     

DOMESTIC VIOLENCE,DOVE, AND DIVORCE MEDIATION

The primary objective of this article is to describe DOVE, a 19‐item instrument designed to assess and manage the risk of domestic violence between partners during and following their participation in divorce mediation. Assessing risk, more specifically how DOVE can be used to assess risk, is described first. The resulting risk scores (TOTDOVE) are used to assign individuals to risk categories. Problems associated with using categorical, frequency, and probability risk assessment formats in interpreting and communicating risk are discussed in the second segment of the article. A dual, categorical/probability format is advocated. Managing risk using Safety Plan interventions that are linked with risk category and predictor subscores on control, substance abuse, anger, relationship problems, mental health problems, and conflict is covered in the final segment.     

THE CONTENT OF DIVORCE EDUCATION PROGRAMS

A survey was conducted to assess the content coverage of more than 100 divorce education programs for parents in North America. Fifty-six percent of the programs were mandatory for at least some categories of divorcing parents. Results showed that the most intensively covered topics involved the effects of divorce on children and the benefits of parental cooperation. Moderate coverage was devoted to skills acquisition, such as conflict management and parenting, and to the effects of divorce on parents. Minimal coverage was devoted to "nuts and bolts" and legal issues. The results are discussed in terms of issues likely to emerge as a result of this content coverage.     

NECESSARY MEASURES AND LOGISTICS TO MAXIMIZE THE SAFETY OF VICTIMS OF DOMESTIC VIOLENCE ATTENDING PARENT EDUCATION PROGRAMS

This article suggests measures that should be taken to ensure, as much as possible, the safety of victims of domestic violence. Because victims and perpetrators of domestic violence will inevitably be attendees at parent education programs, such programs must be sensitive to the safety concerns of these victims. Only when victims of domestic violence are safe will their children be safe and able to benefit from what their parents learn at these education programs. This article concludes that, by weaving common-sense logistical, administrative, and curricular recommendations into the fabric of every parent education program, the safety of victims and children will be prioritized as it must be, while all attendees still receive the maximum benefit from these valuable programs.     

A REVIEW OF ONLINE DIVORCE EDUCATION PROGRAMS

Divorce education programs first surfaced over four decades ago. Today, many states mandate parents to participate in a divorce education program before their dissolution can be finalized. Changes in the technological landscape have allowed innovative practitioners to create online divorce education programs, yet these programs have not been formally evaluated for quality. Adapting a research design for evaluating face‐to‐face programs, we created an online divorce education review form and reviewed online divorce education programs that parents use to meet court‐mandated requirements. Results reveal that online programs have significant potential to help divorcing parents, yet there are areas of online program content and instructional strategies that can be improved. Program content that includes legal and court focused topics or modules, or that offer advice for families facing special circumstances such as domestic violence, could be enhanced. Additionally, most of the instructional strategies were passive. With this research, recommendations were made for improving program content and instructional strategies for online divorce education programs.     

1998 NATIONWIDE SURVEY OF COURT-CONNECTED DIVORCE EDUCATION PROGRAMS

This second nationwide survey of 3,118 counties and independent cities indicates that 1,516 counties or cities in the United States currently have education programs available for divorcing parents. This is in contrast to results from a 1993–1994 study in which 541 counties had programs available, and is an increase of 180%. Comparisons are made between programs that are mandated and not mandated by the court or state and between court-provided and community-provided programs. Curriculum, format, funding, and evaluation efforts of programs are summarized. A typical program is described, and implications of the findings for program developers and court systems are included.     

PARENT PSYCHOEDUCATIONAL PROGRAMS AND REDUCING THE NEGATIVE EFFECTS OF INTERPARENTAL CONFLICT FOLLOWING DIVORCE

This article reviews psychoeducational programs to reduce interparental conflict in divorcing families and the negative impact of conflict on children. The authors initially identify factors shown in the basic psychosocial research literature to be related to the effects of interparental conflict on children. They then review the content of programs currently being delivered and evaluate the evidence from well-controlled studies concerning their effectiveness. Finally, the article considers directions for future program development and evaluation.     

DIVORCE AND THE FAMILY COURT: WHAT CAN BE DONE ABOUT DOMESTIC VIOLENCE?

Approximately 50% of couples who have separated report being victims of violence and/or emotional abuse by their former intimate partners. Family courts can make an important contribution toward reducing the number of intimate partners who report being victims of domestic violence and abuse during and following their participation in divorce proceedings in three ways. First, increase opportunities for participation in nonadversarial procedures. Second, implement mandatory assessment/screening for domestic violence using field‐tested instruments that link subscores on sets of items (e.g., control motivated violence, conflict instigated violence/abuse, substance abuse associated violence/abuse) with appropriate community‐based treatments and/or resources. Third, educate family court judges, lawyers, mediators, and other court personnel in the dynamics of domestic violence generally, as well as the dynamics associated with separation/divorce.     

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.     

DOMESTIC VIOLENCE LEGISLATION: EXPLORING ITS IMPACT ON THE LIKELIHOOD OF DOMESTIC VIOLENCE,POLICE INVOLVEMENT,AND ARREST*

Research Summary: This research uses data from the National Crime Victimization Survey to test whether legislation affects domestic violence, police involvement, and arrest. Findings suggest that most laws do reduce the chances of family or intimate violence. Fewer appear to influence police involvement, and none relate to more arrest. This suggests that laws may deter would‐be offenders from harming family and partners. Policy Implications: The findings suggest that states should continue to aggressively pursue domestic violence offenders. However, local officials should recognize that mandatory arrest laws could reduce the number of cases that enter the system. Further, more protection should go toward victims when the state awards them custody of the children.     

FATHERS AND CHILD ABUSE ALLEGATIONS IN THE CONTEXT OF PARENTAL SEPARATION AND DIVORCE

Fathers' role in child abuse in the context of parental separation and divorce has been the subject of continuous stereotyping over the last several decades. This article examines the stereotypes projected against current research, particularly findings from a study of an experimental family court program designed for the better management of residence and contact disputes where child abuse allegations had been made. These findings are discussed in regard to similar studies internationally. While the two prevailing but opposing stereotypes of fathers' role in child abuse in this context were not confirmed by the research, aspects of the stereotypes regarding fathers' views and mothers' views of each other were supported. Problems associated with the paradoxical position of fathers as the most frequently alleged perpetrators of abuse, the most frequently substantiated perpetrators, and also the most frequently unsubstantiated perpetrators tend not to be fully addressed by the current court process for these disputes.     

SENSITIZING PARENT EDUCATION PROGRAMS TO DOMESTIC VIOLENCE CONCERNS: The Perspective of the New York State Parent Education Advisory Board

Education programs for divorcing and separating parents are a valuable vehicle for providing to parents the awareness, knowledge, and skills that can lead to a smoother transition and healthier outcomes for their children. Attention to safety concerns in referral guidelines, administrative protocols, and curriculum content is integral to the efficacious and responsible delivery of parent education. This article examines the recent experience of New York State in developing guidelines for safety and quality assurance in parent education programs.     

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.     

THE EFFECTS OF DIVORCE AND CUSTODY ARRANGEMENTS ON CHILDREN'S BEHAVIOR, DEVELOPMENT, AND ADJUSTMENT

This article summarizes the consensus among a group of experts from developmental and clinical psychology, sociology, social welfare, and law who sought to evaluate existing empirical evidence regarding the ways in which children are affected by divorce and the varying custody arrangements that follow it. Divorce and/or single parenthood tend to have adverse effects on children's adjustment, with the magnitude of the effects varying depending on the psychological status of the two parents, the extent of conflict between them, and the financial circumstances, particularly after divorce. Children whose nonresidential parents continue to support them financially, those whose custodial parents are psychologically healthy, and those who have and maintain meaningful relationships with nonresidential parents tend to be affected less by the divorce, especially when there is no conflict between the parents. Interventions should thus be designed with these factors in mind.     

DOMESTIC VIOLENCE AND EMPOWERMENT IN CUSTODY AND VISITATION CASES

This article reports a State Justice Institute funded research project attempting to demonstrate the difference between mediation and evaluation disputes over child custody, and visitation where domestic violence is involved. The researchers attempted to develop samples at two courts—Hennepin County Circuit Court in Minneapolis, Minnesota, and Multnomah County Circuit Court in Portland, Oregon.     

THE FORGOTTEN BONDS: THE ASSESSMENT AND CONTEMPLATION OF SIBLING ATTACHMENT IN DIVORCE AND PARENTAL SEPARATION

Attachment theory is increasingly being considered when contemplating post‐divorce parenting plans. Historically, there has been a strong emphasis on assessing the strength of the parent‐child bond as well as a child's attachment style. Surprisingly little research has focused on sibling bonds and the implications for post‐divorce parenting plans. This article provides an overview of sibling attachment theory, sibling attachment considerations in foster care decisions, and the limited research examining sibling attachment in divorce and parenting schedules. Several key questions are offered for mental health and legal professionals to consider when factoring sibling relations into post‐separation parenting plans.