Calculating Safety: Reckoning with Domestic Violence in the Context of Child Support Parenting Time Initiatives. (April 2015)

• Record Type: Journal Article
• Authors: Ver Steegh, Nancy; Davis, Gabrielle
• Is Part Of: Family court review. Volume 53:Number 2(2015:Apr.)
• Page Start: 279
• Page End: 291
• Publication Date: 2015-04
• Subjects: Domestic relations courts -- United States -- Periodicals; 346.7301505
• DOI: 10.1111/fcre.12150
• Languages: English
• ISSNs: 1531-2445

Abstract

<abstract abstract-type="main"> <title> <x xml:space="preserve">Abstract</x> </title> <p>This article explores domestic violence–related implications of federal and state initiatives seeking to establish parenting time in connection with entry of child support orders. The authors recommend and explore two critical family violence safeguards. First, parents need the information and support required by them to make deliberative decisions about parenting time, including: (1) understanding the legal meaning, consequences, and practical effect of formally establishing parenting time; (2) exploration of the extent to which various parenting time arrangements are in the best interests of the child; and (3) knowledge of the nature of dispute resolution and court processes available to them. Second, parents, rather than child support officials, should decide whether, when, and how to pursue establishment of parenting time.<list id="fcre12150-list-0001" list-type="bullet"><title>Key Points for the Family Court Community</title><list-item><p>The impact of domestic violence on parenting and on child safety and well‐being varies extensively.</p></list-item><list-item><p>Some survivors of domestic violence are forced to make high‐stakes calculations regarding the safety and well‐being of their children in the context of parenting time initiatives.</p></list-item><list-item><p>Deliberative, informed, and voluntary decision making about parenting time is a key family violence safeguard.</p></list-item><list-item><p>Domestic violence exclusions are only partially effective, in part because they unrealistically rely on quick and accurate identification and assessment of domestic violence and its implications.</p></list-item><list-item><p>Parents should decide whether, when, and how to establish parenting time.</p></list-item></list></p> </abstract>