A Methodology for Decision-Making in Domestic Violence- Related Child Custody Disputes UNIVERSITY OF OTTAWA APRIL 2015

The Problem Survivors’ Experience Family Court Process

Project Activities Ohio Safety Audit Case Files Observations Interviews Focus Groups Custody Evaluations Reports Facilitated Analysis Expert Interviews Researchers Advocates Judges Practitioners Focus Groups Battered Mothers Litigating Fathers Attorneys Guardians CASAs

Emerging Themes Ill-defined terminology Inconsistent assessments/assumptions Lack of reliable information Poorly informed decision-making Disconnected interventions and services

Interconnections Ill-defined terminolog y Inconsistent assessments Lack of reliable information Poorly informed decision-making Disconnected interventions & services

Framework Identify Domestic Abuse Understand Nature & Context of Abuse Connect Abuse to Standard for Decision-making Apply Analysis to Actions and Decisions Is abuse an issue here? What is actually going on? Why does it matter? What can be done about it ?

Framework Identify Domestic Abuse Understand Nature & Context of Abuse Connect Abuse to Standard for Decision- making Apply Analysis to Actions and Decisions

Detection Research Domestic violence is often not detected in disputed child custody cases. ◦Johnson, Saccuzzo & Koen, 2005; Ballard, Holtzworth-Munroe, Applegate & Beck, 2011.

Screening Protocols Elements of a good screening protocol ◦Systematic and universally applied ◦Behaviorally-specific ◦Focused on multiple forms of abuse ◦Attuned to both past abuse and more recent abuse ◦Alert to established risk factors ◦Structured in a way that promotes safe and informed disclosures

Framework Identify Domestic Abuse Understand Nature & Context of Abuse Connect Abuse to Standard for Decision- making Apply Analysis to Actions and Decisions

Context means: Meaning Effect Intent

Contexts Patterned Intimidation Dominance Entitlement Coercive Controlling Abuse Produced and shaped by coercive controlling abuse Violent Resistance No power and control tactics at work Abuse Unrelated to Coercive Control What some people mean What others mean

Framework Identify Domestic Abuse Understand Nature & Context of Abuse Connect Abuse to Standard for Decision- making Apply Analysis to Actions and Decisions

Research: knowledge, beliefs and assumptions Daniel G. Saunders, et al., Custody Evaluators’ Beliefs About Domestic Abuse in Relation to Custody Outcomes, National Institute of Justice (2011). Jennifer Hardesty, et al., The Effect of Domestic Violence Allegations on Custody Evaluators’ Recommendations (2011) Michael S. Davis, et al., Custody Evaluations When There are Allegations of Domestic Violence (2011).

Standards for Decision-Making Nature of the case ◦Criminal proceeding ◦Issue = guilt or innocence ◦Focus = elements of the crime ◦Protection order case ◦Issue = whether a protection order should issue ◦Focus = safety of the petitioner (and children) ◦Custody dispute ◦Issue = allocation of parental responsibilities ◦Focus = best interests of the child

Framework Identify Domestic Abuse Understand Nature & Context of Abuse Connect Abuse to Standard for Decision- making Apply Analysis to Actions and Decisions

Research Even when IPV is detected, cases often proceed without accommodations for safety or power differentials. Kernic, Monary-Ernsdorff, Koepsell, & Holt, 2005; Bow, 2006

Simple Application Identify Domestic Abuse Child does not want to spend time with one parent Understand the Nature & Context of Abuse Determine the Implications of Abuse Account for Abuse in Decisions and Actions

Simple Application Identify Domestic Abuse Child does not want to spend time with one parent Understand the Nature & Context of Abuse Parent is withholding necessary financial support in order to fund his own lavish lifestyle Determine the Implications of Abuse Account for Abuse in Decisions and Actions

Simple Application Identify Domestic Abuse Child does not want to spend time with one parent Understand the Nature & Context of Abuse Parent is withholding necessary financial support in order to fund his own lavish lifestyle Determine the Implications of Abuse Child’s basic needs are not being met Victim-parent is anxious and depressed Child feels resentful of abuser-parent and betrayed by victim- parent for ending the marriage Account for Abuse in Decisions and Actions

Simple Application Identify Domestic Abuse Child does not want to spend time with one parent Understand the Nature & Context of Abuse Parent is withholding necessary financial support in order to fund his own lavish lifestyle Determine the Implications of Abuse Child’s basic needs are not being met Victim-parent is anxious and depressed Child feels resentful of abuser-parent and betrayed by victim- parent for ending the marriage Account for Abuse in Decisions and Actions Establish financial obligations of the abuser-parent Impose financial oversight Support victim- parent’s health and economic self- sufficiency Restore child’s trust in parents

Practice Guides Identify Abuse Initial DV Screening Guide DV Interview Guide Parenting Chart 1 Parenting Chart 2 Understand Context DV Interview Guide Parenting Chart 1 Parenting Chart 2 Observations & Interferences Connect to Standards DV Interview Guide Parenting Charts 3-6 Best Interest Worksheet DV Planning Guides Apply Analysis DV Planning Guides Readiness for Mediation Readiness for Co-Parenting Early Neutral Evaluation Guide

Framework Redux Identify Domestic Abuse Understand Nature & Context of Abuse Connect Abuse to Standard for Decision-making Apply Analysis to Actions and Decisions Is abuse an issue here? What is actually going on? Why does it matter? What can be done about it ?

Comments and Questions Gabrielle Davis