Domestic Violence, Contested Custody, and the Courts: A Review of Findings from Five Studies with Accompanying Documentary

Araji, Sharon.K. 2012. “Domestic Violence, Contested Custody, and the Courts: A Review of Findings from Five
Studies with Accompanying Documentary.”  Sociological Perspectives 55(1):3-15

In this article, the author demonstrates the problems faced by domestic violence victims or protective parents while they are battling child custody cases. Based on findings from five studies, the author points out seven themes of problems that these women face.

Data and Methods:

This study combines findings from five studies. Given below are the details from each study:

1. Alaska Study: 64 participants, who had suffered domestic violence and were fighting child custody battles were identified and mailed a survey questionnaire. 34 participants responded to the survey. The survey had both structured and open ended questions. Both the quantitative and qualitative data was analyzed.

2. Arizona Study: Based on survey and interview data from 57 women

3. Massachusetts Study: This study used multiple approaches. Forty DV victims were interviewed. 31 DV advocates filled survey questionnaires. 23 women (both DV victims and advocates) participated in focus groups. 16 state professionals involved in DV and child custody were interviewed.

4. Pennsylvania Study: Data was gathered from seven sources – “formal court room observations, descriptions of experiences, telephone justice surveys, testimonies from court hearings, telephone calls, reviews of court information and notices and information obtained from final report of the Pennsylvania Supreme Court Committee.” All of these had observations from 566 cases.

5. California Study: Based on 212 answered questionnaires across US, 80 case studies, review of court documents and written case histories.

Findings:

Seven themes around problems faced by domestic violence victim battling child custody cases emerged from the data.

1. Problems with join custody and visitation: In spite of known child abuse, alcohol abuse from the perpetrator, joint custody and visitation was awarded. Children, thus were in danger of being abused again and were witnessing DV. Moreover the protective parents continued to face issues of child support.

2. Lack of enforcement of court orders: DV continued or increased even after separation of parents

3. Perception about Judges and Courtrooms: Judges were perceived to be insensitive and disrespectful. Judges also placed victims at risk by ordering mediation even when it was dangerous to be in contact with the perpetrator. Moreover, the speedy court procedures  and multiple proceedings made it difficult for the victims.

4. Lack of Confidence in Court Appointed Professionals: Victims found the professionals to be untrained and often sympathetic towards the perpetrator. They also forced women to unsafe mediation with their abusers. Moreover, they blamed the protective parent for child abuse. However, there was variability across the five studies in this case.

5. Legal representation, Court Cost, Fear of Courts, and Court Culture: Victims often did not have the financial resources to hire lawyers and did not have enough information about court proceedings to deal with these issues by themselves.

6. Parental Alienation Syndrome(PAS): PAS is, a disorder where supposedly children are programmed by single parents to alienate the other parent. However this syndrome has no scientific proof. However, PAS is often used by abuser parents to gain custody.

7. Problems that protective parents face after custody: Even after custody, protective parents continued to face DV, economic abuse, threatened not to return the children and used the courts to harass the victims.Their children also faced physical harm and sometimes frightened them.