Domestic violence marginalised & childrens needs compromised in the construction of childrens best interests Dr Amanda Shea Hart

Adverse effects on children from exposure to DV Possible long & short consequences: Serious physical, psychological, cognitive, behavioral, developmental, emotional & relational problems Poor life satisfaction, self esteem & future relationships Disrupted tasks of childhood

Adverse effects on children from exposure to DV Cumulative developmental effects Predisposition to becoming violent later in life Elevated physiological states ongoing hyperarousal & hypervigilance Numbing/avoidance Development of Post Traumatic Stress Disorder PTSD

Child victims of violence For children, living with domestic violence requires negotiating, making sense of, and managing a number of complex and overlapping issues: the behavior of the abuser; the responses of, and impacts on, their mother and siblings; danger and risk to themselves; their emotions; and kin and friendship relations. Mullender, Hague, Imam, Kelly, Malos and Regan (2002, p.91)

Research on DV in family law proceedings Alleged violence in 79% of adjudicated cases in FCA (AIFS 2007) Violence an issue in 58% of 40 randomly selected child-related judgments (Kaspiew 2005) Violence an issue at final hearing in 128 contact cases at Adelaide registry between (Shea Hart 2004) Physical violence an issue in 67% of 91 child related judgments. At least one allegation accepted by FCA in over 50% of these cases (FCA 2003)

Examples of types of violence found to have occurred stalked harassed foul language threat to kill dictatorial head- butted pulled from the car broke [wifes] ribs poured lighter fluid on the wife and threatened to set it on fire threatening and aggressive demeanor convicted of assault ruled the household with an iron fist punching a hole through the door threatening and intimidatory manner obsessive about the wife and the children mixing with other people wife was required to be extremely frugal with the housekeeping money

Violence mutualised extreme conflict bitter conflict bitter feud fiery marriage turbulent relationship state of war between the parties animosity between the parties enmity between the parties active denigration by both parents hostility between the parties

Alienating mothers Mothers hostile & irresponsible attitudes relentlessly undermining slur the father pernicious influence selfish quest for revenge severely overprotective grossly alienating actively denigrated the husband poisoned the childs mind against his father destroying [fathers] relationship with his children deliberate…alienating conduct and strategies callous disregard for [childrens] wellbeing blinded to the essential issues [for childrens wellbeing]

Childrens problems frightened emotionally fragile disruptive extremely upset anger and hostility confused poohing her pants disturbed sleep impulsive moods depressive condition hated life and wished to die withdraws from unpleasant feelings learning difficulties difficulties concentrating obsessed with [masturbation] regular detentions at school kicking, hitting, teasing and showing no remorse

Normalising discourse Children immature, incompetent beings not able to reliably express their own experiences & wishes Children adversely affected by: exposure to conflict deprivation of relationships with their loving, caring fathers irresponsible alienating mothers

Child problematising discourse Non-compliant behaviour defiant difficult stubborn resistant uncontrollable disrespectful taciturnity self-centered enormous power and control bad behaviour Acting out behaviour bad tempered unruly misconduct hostile aggressive glared putting on a show confronted

Childrens improved wellbeing Social & academic development more able to state feelings co-operative fairly self assured friendly excellent social interaction communicative outstanding school work improved functioning no longer receiving regular detentions at school Emotional, psychological & behavioural functioning normally peace of mind more secure managing life markedly less anxious stable no longer requiring medication feeling safe progression into a normal state less angry improvement of depressive condition nightmares have now settled

Childrens best interests: Prioritize protection from violence 1. Centralize childrens exposure to domestic violence 2. Legislative reform - rebuttable presumption of no contact where violence is alleged 3. Ongoing education & training for social science and legal professionals on domestic violence and child abuse

Childrens best interests: Priorities protection from violence 4. Differentiated case management pathway Early intervention & report to Court Comprehensive individual child-focused assessment provided by experts in violence, abuse and childhood trauma Risk/benefit analysis Identify trauma symptoms, coping strategies, attachment patterns, special needs & views of the child Identify patterns of coercive control & parenting practices of perpetrator of violence Recommendations for Court case management, case coordination between jurisdictions & referral to therapeutic/support services Conduct research to evaluate outcomes for the child and develop evidence based model of practice