Domestic Violence and Child Custody Disputes: A Resource Handbook for Judges and Court Managers

• NCJ Number: 169016
• Date Published: 1997
• Length: 130 pages
• Grant Number(s): SJI-95-12K-B-076
• Agencies: NIJ-Sponsored
• Publication Type: Training (Aid/Material)

Annotation

Drawing upon the growing body of resources as well as a recent study by the National Center for State Courts that examined the ways courts identify, process, and resolve custody cases that might involve domestic violence, this handbook provides judges and court managers with a guide to resources for handling such cases.

Abstract

The resources identified are intended to help judges and court managers determine when domestic violence is occurring between the parties to a dispute over child custody or visitation. They also can assist in the coordination of the management of custody and visitation disputes that involve domestic violence to maximize the safety and efficiency of court processes. Further, the resources can ensure that resolutions to custody and visitation disputes effectively address the best interests of the child and the safety of domestic violence victims. A chapter on case management focuses on screening, the coordination of case processing, and coordination with outside agencies. The chapter on mediation discusses mediator qualifications, screening, proceeding after domestic violence is identified, conducting a risk assessment, developing a safety plan, conducting the mediation, safe termination, and implementing the agreement. The final chapter discusses two critical functions of the court related to decisionmaking in custody and visitation cases that involve domestic violence: ensuring that the judge has the information needed to render fair and effective decisions, as well as consideration of the information presented in order to craft custody and visitation orders that ensure the safety of the domestic violence victim and the children, while reducing the potential for continued abuser control over the victim and promote the enforceability of the court's orders. 140-item bibliography, tables on case management features in selected courts, sample screening tools, reports, court orders, and other resources