Parenting Plans that Prioritize Safety for Victims of Domestic Violence & Their

Children

Peter Jaffe & Maureen Reid Part B

May 25, 2011Guelph-Wellington Action Committee on Sexual Assault and

Domestic Violence

1

Are DV Homicides Predictable & Preventable?

85% of the cases had at least 7 risk markersCritical information held by family, work colleagues, front-

line professionalsChildren are the victims in a number of waysCritical need to collaborate between child protection and

VAW services as well as the justice system (criminal and family court)

Danger Assessment Risk FactorsPartner used or threatened with a weapon (20.2)Partner threatened to kill woman (14.9)Partner tried to choke/strangle woman (9.9)Partner violently and constantly jealous (9.2)Woman forced to have sex when not wanted(7.6)Gun in the house (6.1)Partner controls most/all of woman’s activities(5.1)Drunk every day (or almost) or illicit drugs (4.1) Campbell (2003)

Can a perpetrator of domestic violence be a good parent?

Why is Domestic Violence Relevant in Custody Disputes?

Abuse Does Not End With SeparationOverlap Between Child Abuse and Domestic

ViolenceChildren’s Exposure to an Inappropriate Role

Model Undermining of Non-Abusive ParentNew Relationships Potentially ViolentPerpetual Litigation as Form of On-Going

ControlExtreme Cases - Homicides and Abductions

Jaffe, P.G. Lemon, N. & Poisson, S.E. (2002) Child Custody Disputes and Domestic Violence: Clinical and Legal Issues. Sage, Thousand Oaks, CA

Video Discussion Questions

If you were a judge or custody evaluator what kind of contact would you considering allowing Nick Nolte to have with his daughter for the next 6 months?

What community services would you need to implement your plan?

What are some of the barriers to providing service to this whole family system?

What Services Will Nick Nolte and his Family Need or Come in Contact With?

Justice System: Family Court (Civil)/Criminal Court• Child Protection • Visitation/Access Dispute• Assault Charge (Child Abuse/DV)• Police Intervention• Crown Attorney• Multiple Judges• Victim Witness Program• Probation Officer• Family & Criminal Lawyers/Advocates for mother, father & child• Court Witnesses (Experts, Family, Community Agencies)

What Services Will Nick Nolte and his Family Need or Come in Contact With?

Social Services/HealthChild Protection ServicesSupervised Visitation CenterBatterer’s ProgramAdvocates (Victim & Child)Alcohol/Addiction CounsellingFamily DoctorChildren’s Counsellor/ProgramMother’s Counsellor/ProgramCourt Assessors & MediatorsCommunity Volunteers (Church, Friends, Relatives)

Limits and Benefits of Risk Assessment

Retrospective rather than prospective studies

Propensity towards “false positives”

Risk is dynamic rather than static

Development of common language across systems

Assists in the prioritization of limited resources

Assists with safety planning strategies - may saves lives

10

Limitations Benefits

Dynamics Between Victim & PerpetratorRole model for unhealthy relationshipsGender roles Constrained sense of community – limited access to

support (problems undermine access to potential resources)

Siblings may be protective or abusiveLoyalty conflicts (betrayal in disclosure)

Custody Dispute DilemmasAccurately assessing perpetrator, victim, &

children Domestic violence but no visible/measurable

impact on children Children aligned with victim/primary

caretaker {alienation allegations?}Children aligned with batterer {wishes vs.

best interests}Role of extended family {helpful or

harmful?}

Guiding Principles For Resolving Conflicting Priorities in Custody Decisions

Priority 1. Protect childrenPriority 2. Protect the safety & support the well-being of the victim parentPriority 3. Respect the right of adult victims to direct their own livesPriority 4. Hold perpetrators of domestic violence accountable for their

abusive behaviorPriority 5. Allow child access to both parents

Strategy: Begin with the goal of achieving all five. Resolve conflict by abandoning the lower priority.

Janet Johnston 2007

Common Couple Aggression / No

child maltreatment

High Conflict

Abuse (Child or Adult Partner)

Battering

Terrorism/ Stalking

Nature, Frequency & Severity of

Family Violence

Co-parenting

Parallel Parenting

SupervisedExchange

SupervisedVisits

No VisitationH

igh

Eva

luat

ed R

isk

to

Ch

ild

ren

or

Car

egiv

er

L

ow

Parenting Arrangements after Violence

Accessible, appropriate

interventions for victims,

perpetrators, and child witnesses

Services not accessible or

inappropriate

Systemic barriers (e.g., poverty,

language)

Co-parenting

Parallel Parenting

SupervisedExchange

SupervisedVisits

No Visitation

Hig

h

E

valu

ated

Ris

k t

o C

hil

dre

n o

r C

areg

iver

Low

Parenting Arrangements after Violence

ResourcesAvailable

Co-parenting

Parallel Parenting

SupervisedExchange

SupervisedVisits

No VisitationH

igh

Eva

luat

ed R

isk

to

Ch

ild

ren

or

Car

egiv

er

L

ow

Parenting Arrangements after Violence

Longer term planning;Adequate

information to evaluate safety of

children and adults

Timing of Disclosure / Stage of

Proceedings

Interim Hearings; Family in crisis;

Red Flags for Lethality;

Continue Exposure to Violence

Common Couple Aggression / No

child maltreatment

High Conflict

Accessible, appropriate

interventions for victims,

perpetrators, and child witnesses

Abuse (Child or Adult Partner)

Battering

Terrorism/ Stalking

Services not accessible or

inappropriate

Systemic barriers (e.g., poverty,

language)

Nature, Frequency & Severity of

Family Violence

Co-parenting

Parallel Parenting

SupervisedExchange

SupervisedVisits

No Visitation

Hig

h

E

valu

ated

Ris

k t

o C

hil

dre

n o

r C

areg

iver

Low

Parenting Arrangements after Violence

ResourcesAvailable

Longer term planning;Adequate

information to evaluate safety of

children and adults

Timing of Disclosure / Stage of

Proceedings

Interim Hearings; Family in crisis;

Red Flags for Lethality;

Continue Exposure to Violence

The Gap between Theory & PracticeTrainingStandardsAccess to ResourcesGenuine Collaboration with all community &

justice partners