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.     

Courtship Violence Among College Students: A Comparison of Verbally and Physically Abusive Couples

This study used a modified version of the Conflict Tactic Scale (Straus, 1990) to measure the expression of verbal and physical aggression among 572 college students (395 females and 177 males) involved in dating relationships over the previous year. Results indicated that 82% (n = 465) of the total sample reported having engaged in verbally aggressive behavior with a dating partner over the past year, whereas 21% (n = 116) admitted to acting in a physically aggressive manner over the same interval. No significant gender-based difference was found for verbal aggression scores; however, females were significantly more likely to report using physical force than were male students. Male and female students who used verbal aggression were characteristically similar to each. Both had experienced aggression from a parent as children and had drunk alcohol within 3 hours (before or after) an argument with a dating partner. Male and female students who admitted using physical force were dissimilar except that both had experienced parent-child aggression. For male students, having witnessed conjugal violence and their general drinking patterns were also significantly related to their using physical force, whereas for females, the use of physical force was associated with drinking alcohol within 3 hours of an argument with a dating partner.     

Preparing law graduates for a globalised world

In this article it is argued that law graduates need to be prepared for working in a global legal context. Whether working in global law firms or small, local non-global law firms, law graduates need to have the knowledge, skills and attributes that will better equip them to work within and across multiple, international legal jurisdictions. The purpose of the article is twofold: first, to report on and disseminate research on a collaborative project on internationalising the Australian law curriculum aimed at preparing law graduates for global legal practice, of which the authors were the lead researchers; and second, to discuss and demonstrate the practical application of the proposed curriculum framework to the teaching of Constitutional Law.     

Running Away From Home: A Longitudinal Study of Adolescent Risk Factors and Young Adult Outcomes

Little is known about the adolescent risk factors and young adult health-related outcomes associated with running away from home. We examined these correlates of running away using longitudinal data from 4,329 youth (48% female, 85% white) who were followed from Grade 9 to age 21. Nearly 14% of the sample reported running away in the past year at Grade 10 and/or Grade 11. Controlling for demographics and general delinquency, running away from home was predicted by lack of parental support, school disengagement, greater depressive affect, and heavier substance use at Grade 9. In turn, runaways had higher drug dependence scores and more depressive symptoms at age 21 than non-runaways, even after taking these antecedent risk factors into account. Runaway status did not predict alcohol dependence risk at age 21. Results highlight the importance of substance use and depression, both as factors propelling adolescents to run away and as important long-term consequences of running away.     

Civil Liberties and the Korean War

This article addresses the unsuccessful attempts to suppress free speech during the Korean War, and in particular explains the attempts to silence three reporters of alleged atrocities by United Nations forces. In the absence of carefully targeted legislation, the three individuals – Alan Winnington (a journalist), Monica Felton (a women's movement activist) and Jack Gaster (a solicitor) ‐ were threatened with or investigated for prosecution for treason or sedition, and Winnington was unable to renew his passport until 1968. Drawing heavily on archival sources (including MI5 files, which unusually fail to redact the identity of one of the lawyers who was reporting to Special Branch about Gaster's activities), the article explores the threat to civil liberties from the administrative as well as the legislative and the judicial power of the state. The article concludes by drawing contemporary parallels, and highlighting the continuing relevance of the writings of Winnington, Felton and Gaster.     

Early Intervention with Compensated Lower Back-Injured Workers at Risk for Work Disability: Fixed versus Flexible Approach

Low back pain (LBP), a leading cause of disability, has been linked with profound economic, personal, and social costs (Hills 2006; World Health Organization 2003). This significant effect propels research in identifying modifiable risk factors that protract LBP; these factors can be targeted in early intervention (EI) (Pransky, Journal of Occupational & Environmental Medicine, 49(3):249–251, 2007; Schultz et al., Journal of Occupational Rehabilitation, 17:327–352, 2007, Journal of Occupational Rehabilitation, 18(2), 140–151, 2008; White et al. 2013). This randomized controlled study evaluated the effectiveness of two approaches, fixed versus flexible, in delivering proactive, interdisciplinary EI with 63 workers within a workers' compensation interdisciplinary case management setting (i.e., WorkSafeBC, Canada). Off-work 4 to 10 weeks post-back injury, the workers were also at risk of protracted work disability (N?=?24 at high risk; N?=?39 at moderate risk). Fixed, protocol-driven, interdisciplinary, multimodal, clinical, occupational, and case management-based EI was compared with a flexible, individual need-driven EI with the same modalities as the fixed approach. Results showed a significant narrowing of the outcome gap between the two interventions. High-risk injured workers tended to benefit more from a fixed, protocol-driven approach, as shown in the pilot study (Schultz et al. Journal of Occupational Rehabilitation, 18(2), 140–151, 2008). The results indicated that moderate-risk workers benefitted from a more flexible, need-based, individual, and low-intensity approach as compared with a fixed approach. The flexible approach for moderate-risk workers was also less costly and consumed fewer rehabilitation and health care resources. Recommendations for future research and practice included larger sample sizes, controllability of research interventions, risk for disability-EI matching, and conditions under which a flexible delivery of multimodal EI is more efficacious than a fixed approach, and vice versa.     

Rapid Assessment Exploring Impediments to Successful Prosecutions of Sex Traffickers of U.S. Minors

Critical psychological, systemic, and legislative barriers to the successful prosecution of child sex traffickers who exploit U.S. citizens were uncovered during a rapid assessment conducted in a U.S. metropolitan region considered a high intensity child prostitution area. Information obtained during 34 face-to-face interviews with criminal justice professionals most likely to encounter child sex trafficking victims was supported by the collection of supplementary quantitative data. Findings revealed complex psychological factors that deter victim participation in prosecutions of traffickers such as child victims’ denial of exploitation, trauma bonding between victims and traffickers, and frequent flight and revictimization. Existing inadequacies within the criminal justice system were found that may contribute to child sex trafficking persisting as a low risk/high reward crime.     

TRENDS IN CHILD PROTECTION MEDIATION: RESULTS OF THE THINK TANK SURVEY AND INTERVIEWS

Several child protection conflict resolution program directors and researchers talked about how best to initiate a networking effort for their field. In September 2007, their conversations culminated in a Think Tank in Columbus, Ohio. This was a collaboration of judges, program directors, researchers, and representatives from national organizations that work in child protection. Participants felt this was a successful effort and that the meeting provided networking opportunities and many provocative discussions. In order to facilitate a meeting that would be meaningful for the Think Tank participants, input was solicited from as many constituent groups as possible. Surveys and interviews were completed in the summer of 2007, which shed light on themes that were ripe for discussion and improvement. This article details the survey and interview results and includes some brief comments from the Think Tank itself. Thoughts about future research in child protection conflict resolution are also provided.     

Evaluation of aortic injury in driver fatalities occurring in motor vehicle accidents in the State of Maryland for 2003 and 2004

Incorporating epidemiological and pathologic factors, a retrospective analysis of aortic injury and driving fatalities was conducted. To better understand the mechanism of injury, data were compiled for decedent demographics, autopsy and toxicology findings, and accident circumstances, with emphasis on directional impact. Review of the autopsy files of the Office of the Chief Medical Examiner in the State of Maryland in 2003 and 2004, identified 150 cases of aortic injury recorded in 537 autopsied drivers. Aortic lacerations occurred in 96% of the cases with aortic injury, two thirds of which were complete or near complete transections. A large percentage of cases involved a side impact collision. Consistent with extant research on frontal and lateral impacts, the majority of aortic injuries occurred at the ligamentum arteriosum. Also, the mechanism of aortic injury seems to be similar for side and frontal impact collisions, involving a combination of rapid deceleration forces along with chest and/or upper abdominal compression. This study emphasizes the importance of side impact collisions as a cause of aortic injury. Aortic lacerations have a high mortality rate and better motor vehicle design may prevent this type of injury.