Showing posts with label domestic investigations. Show all posts
Showing posts with label domestic investigations. Show all posts

Monday, July 26, 2010

One-Size-Fits-All Approach to Child Custody Can Endanger Moms and Kids

URBANA – Do child custody evaluators' beliefs about domestic violence sometimes put divorced women and children in danger? A new University of Illinois study reveals that evaluator's beliefs generally fall into two categories, and one group is far more likely to prioritize safety for women and children when making custody decisions.

"Some evaluators see conflict as a natural part of relationships. When domestic violence occurs, they reason that it takes two to tango. When a couple's relationship is over, these evaluators see no reason the mom and dad can't co-parent safely, especially if they've both attended court-ordered anger management classes," said Jennifer Hardesty, a U of I associate professor of human and community development.

"The other group believes that anger management classes work for some couples, but they also know that violence can be used to control and terrorize women, and that children may be used as pawns in the relationship or as weapons against the mother. In such cases, these evaluators carefully craft custody arrangements that will keep the mother and children safe," said doctoral student Megan Haselschwerdt who worked with Hardesty on the study.

The researchers would like to see standardized and mandated training that would teach custody evaluators how to discriminate between types of violence because different kinds of violence require different interventions.

"Unfortunately, many courts are applying a one-size-fits-all model to custody cases. It's important to err on the side of safety. Safety precautions can be relaxed if it turns out that there's not as much of a risk as was thought. That's better than just assuming that there's no risk," Haselschwerdt said.

Approximately 20 percent of divorcing couples in the United States require judicial intervention to reach a custody agreement, and allegations of domestic violence are raised and substantiated in about 75 percent of these cases, she said.

"This means that custody evaluators—many of whom have little formal training in the dynamics of domestic violence—are in a position either to ensure safe custody agreements or to minimize or deny the seriousness of domestic violence and its relevance to child custody," she noted.

In the study, 23 custody evaluators participated in in-depth interviews, answering open-ended questions about their beliefs and how they made decisions.

Members of the "it takes two to tango" school said that most of their cases involved situational violence or arguments that turned physical because couples were unable to manage their conflicts properly—for example, a heated conflict about finances that ended with a shove.

These custody evaluators acknowledged that extreme cases of battering exist but said they almost never saw them.

But Hardesty disagrees. "These evaluators described situations that clearly went beyond situational violence, but they were convinced that was all they were seeing."

"In fact, speaking up for her safety can backfire on a woman if an evaluator decides she is trying to alienate the father from his children by making exaggerated claims. The evaluator may then compensate by prioritizing the father's custody rights," she said.

The more prevalent type of domestic violence is situational violence, which probably occurs in approximately 60 percent of the evaluators' cases.

Read more here.

Wednesday, December 5, 2007

On Your Own in Domestic Court

Annette Morgan, 41, is no stranger to the domestic court system. She can use terms like "remand" and "guardian ad litem," describe how proceedings for child custody work in practice, and discuss eloquently the problem of not having any records kept during domestic court hearings.

But like many involved in domestic court, she is not a lawyer and doesn't even have a college degree. She's learned because she's had to, having struggled for the last two years to change a permanent custody order that bars her from seeing her son.


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Wednesday, June 20, 2007

Domestic Investigations - When There is Trouble in the Home

Investigation News - Domestic Investigations - When There is Trouble in the Home - PInow.com Investigator Directory:
"Child Custody Investigations
Child custody and child support investigations help to keep your child safe and well-cared for. Investigators can run asset searches and missing persons searches in order to obtain the child support you have been awarded by a court. With the Department of Health and Human Services reporting that more than 46% of non-custodial mothers and more than 26% of non-custodial fathers totally default on support, these services are very common across the country today. Child custody investigations also can help ensure that the non-custodial parent does not neglect or abuse the child while they are in their care. This is a critical when you consider that since between 1976 and 1997, 11,000 children were murdered and thousands more were injured by parents or caregivers, according to the Present Federal Interagency Forum on Child and Family Statistics."