The approach in Scotland to child contact disputes involving allegations of domestic abuse

ABSTRACT

This article considers the approach taken in Scotland to the processing of child contact cases in which there are allegations of domestic abuse. Four key features of the processing of cases which may facilitate outcomes that prioritise safety are considered. These are: the availability of legal aid; the cautious process of successive child welfare hearings; the use of child welfare reports; and the taking of the child’s views. All these features occur within a policy context that recognises domestic abuse as gender-based violence and where courts have a statutory duty to protect a child from abuse. Drawing on the author’s court based analysis of papers from 208 child contact disputes and from interviews with sheriffs, this article discusses the strengths and limitations of all four process features in terms of protecting women and children, and the risks to these features posed by perpetually reducing government budgets.     

Assessing allegations of domestic violence in child custody evaluations

There has been an increased focus on child custody evaluations involving domestic violence allegations with much criticism of evaluators' training, practices, and procedures. A national survey of 115 child custody evaluators (doctoral and master's level) was conducted to explore these criticisms. Findings revealed adequate training, multiple sources of data collection, and practices/procedures that closely adhere to child custody guidelines. However, robust, specialized domestic violence instruments, tests, and questionnaires were underutilized. Respondents indicated that findings supporting domestic violence allegations had a substantial impact on their subsequent recommendations. Results are discussed in terms of the importance of assessing domestic violence when conducting custody evaluations and the need for developing practice standards in this domain. Generally, results did not support common criticisms of custody evaluation practice.     

An analysis of ritualistic and religion-related child abuse allegations

A stratified random sample survey of clinical members of the American Psychological Association was conducted to determine the number and nature of cases involving alleged ritualistic and religion-related child abuse, whether reported directly by children or retrospectively by adults. Results indicated that only a minority of clinical psychologists have encountered ritual cases, but of those, the vast majority believe their clients' claims. Even so, the purported evidence for the allegations, especially in cases reported by adults claining to have suffered the abuse during childhood, is questionable. Most clients who allege ritual abuse are diagnosed as having multiple personality disorder or post-traumatic stress disorder, two increasingly popular, but controversial, psychological diagnoses.Clinical and legal implications are discussed and a future research agenda is urged.     

U.S. child custody outcomes in cases involving parental alienation and abuse allegations: what do the data show?

ABSTRACT

Family court and abuse professionals have long been polarized over the use of parental alienation claims to discredit a mother alleging that the father has been abusive or is unsafe for the children. This paper reports the findings from an empirical study of ten years of U.S. cases involving abuse and alienation claims. The findings confirm that mothers’ claims of abuse, especially child physical or sexual abuse, increase their risk of losing custody, and that fathers’ cross-claims of alienation virtually double that risk. Alienation’s impact is gender-specific; fathers alleging mothers are abusive are not similarly undermined when mothers cross-claim alienation. In non-abuse cases, however, the data suggest that alienation has a more gender-neutral impact. These nuanced findings may help abuse and alienation professionals find some common ground.     

Anatomically detailed dolls and the evaluation of child sexual abuse allegations

Although anatomically detailed dolls are becoming the most commonly used tool in the validation of sexual abuse allegations, their use is not without significant problems. This evaluation of the psychometric properties of the dolls using the existing empirical literature reveals that there is considerable difficulty in the standardization of the dolls, administration and scoring procedures, and training in the doll's use. Furthermore, appropriate norms have not been developed. Although good interobserver reliability has been reported, the construct and criterion-related validity has not been demonstrated consistently. The current lack of an empirically based psychometric foundation does not support the use of the dolls in validation interviews, nor the admissibility of doll-based evidence in legal proceedings.     

Contact disputes and allegations of gender violence in Spain

ABSTRACT

In Spain, progress is being made to restrict contact between aggressors and their children in cases of gender violence. However, visits and communication, even shared custody, are still granted by judges despite shared custody being prohibited by law in such cases since 2005. Under recent legal reforms, children are now considered primary victims of gender-based violence. However, even today, Spanish judges frequently allow contact and even grant shared custody to the aggressor. This is despite the fact that in cases of gender violence, there are usually measures in force that include restraining orders and prohibitions against communicating with the mother. In these cases, communication between the father and his children is effected through grandparents or at the so-called ‘family meeting points’ – neutral spaces supervised by professionals. Insufficient budgets and shortcomings in the management of these meeting points have led to many problems, including women being murdered by their partners after leaving one of these meeting places.     

The impact of abuse allegations in perceiving parricide in the courtroom

One hundred and seventy five undergraduates (105 females) read a fictional criminal trial summary of a parricide case in which the juvenile defendant alleged sexual abuse or physical abuse or did not allege abuse. An allegation of either type of abuse led to a greater likelihood of a manslaughter conviction than a murder conviction and greater pro-child ratings (e.g., sympathy toward the defendant) compared to no abuse allegations. Specific evaluations of the defendant mediated the verdict results. In addition, there was no support for the claim that perceptions are more heinous for sexual abuse than physical abuse allegations and only limited support that perceptions for this type of case result in women being more pro-child defendant than men. The discussion focuses on how abuse allegations impact jurors' decision-making processes in parricide cases.     

A study of families in high-conflict custody disputes: effects of psychiatric evaluation

Each year approximately 2.5 million people divorce, subjecting more than 1 million children to the losses of familial breakup. Hostility in families can be greatly exacerbated by parents' repeated failures to negotiate an altered lifestyle for the family which provides for the children's best interests. Interventions with highly conflictual parents and their children must necessarily address the interface between the mental health and legal professions. How families experience this process must be carefully studied in order to create new strategies for change, not only within the families, but also to facilitate the legal system's cooperation with mental health professionals. To date, little research has been conducted which assesses the efficacy of methods used by mental health professionals to intervene in contested child custody cases. This paper describes a program at the Isaac Ray Center, Inc., designed to help parents settle their custody disputes out of court. The article presents findings based on an 18-month follow-up questionnaire and court records for 45 parents. Data concerning custody settlement, relitigation, and parents' satisfaction with the evaluation process, their attorneys, and the custody outcome are presented and discussed.     

Disputed child custody: strategies and issues in mediation

Disputed child custody is a significant life stressor for both adults and children. Recent efforts have been made to develop a model for family mediation and subsequent clinical strategies that can attempt to address the stressors involved in divorce and perhaps resolve, through mediation, the posttrauma stress experienced by both spouses and children. Reviewed is the literature on the impact of separation and divorce on families and the use of family mediation to resolve disputes. It further addresses psychologic factors involved in the mediation process and the possible effects of mediation on divorce. An established family mediation model for treatment is presented in detail, as are clinical issues often addressed in the family mediation process. Issues and import for clinical application and research are offered.     

Models and methods of cost-effective child custody evaluation

Child custody evaluations (CCEs) are often seen as a necessity by the legal system when caregivers cannot find a resolution to their child custody disputes. In many instances, these evaluations are quite costly for the litigants and cost can act as a barrier to equal access to justice. Affluent families are better able to access private evaluators while families with lesser means may encounter delays in receiving services or be unable to afford an evaluation at all. This can, in turn, prolong resolution of league disputes, increasing the emotional toll on families, and hamper courts in making decisions in the best interests of the children involved. This article examines models of providing CCEs outside of an isolated individual provider private practice format. It examines the benefits and considerations for lower-cost evaluations, while discussing how to maintain high quality services that adequately assess family systems. Broader issues that impact the courts and overall access to justice through offering cost effective evaluations are also discussed.     

Subgaleal hematoma in child abuse

The mother brought her 31/2-year-old son to a paediatric clinic as his forehead was swollen and bluish in appearance. She was unable to give any explanation for this lesion. Clinically it was noted that a very visible and also palpable, doughy swelling was present both in the forehead as well as the hard skull areas. Some hours later, a massive bilateral periocular haematoma appeared. Whilst X-rays were unable to provide any diagnostic help, the sonographic examination of the skull carried out on the same day revealed an extensive subgaleal haematoma. This phenomenon is described in radiological literature as "scalping" and is caused by the use of considerable, blunt violence against the head (shear stresses, e.g. by pulling at the hair). The mother's boyfriend later confessed forceful pulling of the hair.     

Decision-making in child abuse and neglect

Social attachment theory can be of value in examining the wide variety of abuse and neglect situations that come to the attention of authorities. We consider evaluation of the parent-child relationship as a crucial part of the judicial process. We have suggested parameters that can be used to evaluate the relationship. We have outlined some of the more common distortions in this relationship that have, in our experience, been associated with the mistreatment of children. The use of social attachment theory has been of great help in understanding the emotional reactions of the many children we have seen for evaluation and treatment. The theory also serves as a potential guide for improvements in social policy. If we are more sensitive to the psychological world of these children, we will be better able to truly protect them.     

Psychosocial dynamics of child abuse

The problem of child abuse warrants steadfast social concern and attentive study by social scientists, forensic scientists, and mental health professionals. What moves adults to physically abuse children entrusted to their care? In the present inquiry, an overview of a substantial body of the literature is organized by exploring three dimensions of abuse: the parental relationship, the psychopathology of abusive parents, and the psychodynamics of motivation. None of these dimensions taken alone provides a satisfactory understanding of the phenomenon of abuse. An integrative model is offered wherein child abuse is regarded as a function of three general factors: stresses on the parent, ego weaknesses of the parent, and vectors that direct the parent's violent impulses against the child.