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Children and Contact in the Context of Parental Separation and Family Violence: A Practice Perspective

Published online by Cambridge University Press:  13 December 2013

Karen Barker*
Affiliation:
General Manager, Separation Services, Anglicare WA
*
address for correspondence: Karen Barker, General Manager, Separation Services, Anglicare WA. Email: [email protected]

Abstract

Over the past seven years, in my role with Anglicare WA, I have had the privilege of listening to many separated parents share their concerns about their children's safety when spending time with the other parent who has been violent towards them. These concerns include, but are not limited to, trying to prove to the court that their children have been victims of family violence and that this risk will continue and possibly escalate during contact visits. The protective parent often reports that the children continue to be sent on contact visits even when the children experience a significant degree of trauma over their time in the care of the offending parent. In some cases the offending parent has a new partner who is also a victim of family violence and the children are exposed to this violence while on contact visits. Despite disclosures from the children, and efforts to keep them safe by reporting to the statutory agencies, I find that many of these children continue to be sent on contact visits. I am frequently told by the protective parent that when they are in court they are informed that a) there is insufficient evidence to warrant the court preventing the child from spending time with the other (violent) parent; and b) the father has the right to a meaningful relationship with his child and therefore contact will be ordered. It seems that priority is given to the parent's right to spend time with the child at the expense of the child's need, and right, to be safe.

Type
Articles
Copyright
Copyright © The Authors 2013 

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References

Ainsworth, F., & Hansen, P. (2009). The best interest of the child thesis: Some thoughts from Australia. International Journal of Social Welfare, 18 (4), 431439.Google Scholar
Altobelli, T. (2011). When a child rejects a parent: Why children resist contact. Australian Journal of Family Law, 25 (3), 185209.Google Scholar
Australian Law Reform Commission (2010). Family violence – a national legal response. ALRC Report 114, Vol 1 and 2.Google Scholar
Bagshaw, D., Quinn, K., & Schmidt, B. (2006). Children and families in transition towards a child-centred integrated model of practice. Magil, SA: University of South Australia.Google Scholar
Beeble, M., Bybee, D., & Sullivan, C. (2007). Abusive men's use of children to control their parents and ex-partners. European Psychologist, 12 (1) 5461.Google Scholar
Birnbaum, R., & Chipeur, S. (2010). Supervised visitation in custody and access disputes: finding legal solutions for complex family problems. Canadian Family Law Quarterly, 29 (1), 7994.Google Scholar
Blackman, L. (2002). Representing Children and Young People: A lawyer's practice guide. Melbourne: Victoria Law Foundation. pp 1531.Google Scholar
Blank, K., & Ney, T. (2006). The (de)construction of conflict in divorce litigation: a discursive critique of “parental alienation syndrome” and “the alienated child”. Family Court Review, 44 (1), 135148.Google Scholar
Braaf, R., & Sneddon, C. (2007). Family Law Act reform: The potential for screening and risk assessment for family violence. Australian Domestic and Family Violence Clearinghouse Issues Paper No. 12.Google Scholar
Campbell, A. (2008). The right to be heard: Australian children's views about their involvement in decision-making following parental separation. Child Care in Practice, 14 (3), 237.Google Scholar
Campbell, A. (2004). The voice of the child in family law: Whose right? Who's right? A thesis submitted for the degree of Doctor of Philosophy at the School of Social Work and Social Policy Division of Education, Arts and Social Sciences at the University of South Australia.Google Scholar
Cashmore, J., & Parkinson, P. (2009). Children's participation in family law disputes: the views of children, parents, lawyers and counsellors. Family Matters, 82, 1521.Google Scholar
Chisholm, R. (2009). Family violence – a national legal response. ALRC report 128, Vol 1.Google Scholar
Family Violence Committee (2012). Family Violence Best Practice Principles (3rd ed.). Family Law Court of Australia publications.Google Scholar
Fehlberg, B., & Behrens, J. (2008). Australian Family Law: The contemporary context. Melbourne: Oxford University Press. Pp. 264281.Google Scholar
Fields, M. (2008). Getting beyond ‘What did she do to provoke him?’: Comments by a retired judge on the special issue on child custody and domestic violence. Violence Against Women, 14 (1), 9399.Google Scholar
Fitzgerald, R., & Graham, A. (2011). The changing status of children within the family law from vision to reality. Griffith Law Review, 20 (2), 421448.Google Scholar
Garber, B. (2007). Conceptualizing visitation resistance and refusal in the context of parental conflict separation or divorce. Family Court Review, 45 (4), 588599.Google Scholar
Hannan, J., & Petridis, T. (2011). Innovation in practice: a safety assessment to child-inclusive family dispute resolution. Journal of Family Studies, 17 (1), 3643.Google Scholar
Hardesty, J., & Chung, G. (2006). Intimate partner violence, parental divorce and child custody: Directions for intervention and future research. Family Relations, 55 (2), 200210.Google Scholar
Haselschwerdt, M., Hardesty, J., & Hans, J. (2010). Custody evaluator's beliefs about domestic violence allegations during divorce: Feminist and family violence perspectives. Journal of Interpersonal Violence, 26 (8), 16941719.Google Scholar
Higgins, D., & Kaspiew, R. (2011). Child protection and family law . . . joining the dots. National Child Protection Clearing House Issues, No 34.Google Scholar
Holt, S. (2011). Domestic abuse and child contact: positioning children in the decision-making process. Child Care in Practice, 17 (4), 327346.Google Scholar
Hoult, J. (2006). The evidentiary admissibility of parental alienation syndrome: Science, law and policy. Children's Legal Rights Journal, 26 (1).Google Scholar
Jenkins, S. (2001). Are children protected in the family court? A perspective from Western Australia. Australian New Zealand Journal of Family Therapy, 23 (3), 145152.Google Scholar
Johnson, C. (2005). Come with Daddy: child murder–suicide after family breakdown. Perth: University of Western Australia Press.Google Scholar
Johnson, J. (2005). Children of divorce who reject a parent and refuse visitation: recent research and social policy implications for the alienated child. Family Law Quarterly, 38, 757775.Google Scholar
Kaspiew, R., Gray, M., Weston, R., Moloney, L., Hand, K., Qu, L., & the Family Law Evaluation Team (2011). Evaluation of the 2006 family law reforms. Family Matters 86, 818.Google Scholar
Kelly, J., & Johnston, J. (2001). The alienated child: A reformulation of parental alienation syndrome. Family Review, 39 (3), 249266.Google Scholar
Laing, L. (2010). No Way to Live: women's experiences of negotiating the family law system in the context of domestic violence. Sydney: University of Sydney and the Benevolent Society.Google Scholar
McInnes, E. (2003). Parental alienation syndrome: A paradigm for child abuse in Australian family law. Paper presented at the Child Sexual Abuse Conference Adelaide, 1–2 May, 2003.Google Scholar
Morill, C., Dai, J., Dunn, S., Sung, I., & Smith, K. (2005). Child custody and visitation decisions when the father has perpetrated violence against the mother. Violence Against Women, 11 (8), 10761107.Google Scholar
Parker, T., Rogers, K., & Collins, M. (2008). Danger zone: Battered mothers and their families in supervised visitation. Violence Against Women, 14 (11), 13131325.Google Scholar
Parkinson, P. (2012). When is parenthood dissoluble? Sydney Law School Research Paper No 11/65. Retrieved from SSRN: http://ssrn.com/abstract=1938749.Google Scholar
Parkinson, P. (2006). Decision-making about the best interest of the child: The impact of the two tiers. Australian Journal of Family Law, 20 (2), 179192.Google Scholar
Parkinson, P., & Cashmore, J. (2009). Children's participation in family law disputes: The views of children, parents, lawyers and counsellors. Family Matters No 82.Google Scholar
Pulido, M., Forrester, S., & Lacina, J. (2011). Raising the bar: Why supervised visitation providers should be required to meet standards for service provision. Family Court Review, 49 (2), 379387.Google Scholar
Ravi, T., & Gill, A. (2012). Domestic violence, child contact and post-separation violence issues for South Asian and African-Caribbean women and children. A report of the findings. NSPCC.Google Scholar
Richards, K. (2011). Children's exposure to domestic violence in Australia. Trends and Issues in Crime and Criminal Justice No. 419.Google Scholar
Robert, L. (2002). Gaining access to one's children: An evaluation of a visitation program for noncustodial parents. Families in Society, 83 (2), 163174.Google Scholar
Rothman, E., Mandel, D., & Silverman, J. (2007). Perceptions of the effect of their intimate partner violence on children. Violence Against Women, 13 (11), 11791191.Google Scholar
Shea-Hart, A. (2009). Child-inclusive mediation in parenting disputes where domestic violence is an issue. Conflict Resolution Quarterly, 27 (1), 326.Google Scholar
Shea-Hart, A. (2011). Child safety in Australian family law: responsibilities and challenges for social science experts in domestic violence cases in Australia. Australian Psychologist, 46 (1), 3140.Google Scholar
Smyth, B., & Chisholm, R. (2006). Exploring options for parental care of children following separation: a primer for family law specialists. Australian Journal of Family Law, 20, 193218.Google Scholar
Taylor, N. (2006). What do we know about involving children and young people in family law decision-making? A research update. Australian Journal of Family Law, 20 (2), 154178.Google Scholar
Van Horn, P., & Groves, B. M. (2006). Children exposed to domestic violence: making trauma-informed custody and visitation decisions. Juvenile and Family Court Journal, 57 (1), 5160.Google Scholar