Nonjudicial Influence on Family Violence Court Cases. (November 2020)

• Record Type: Journal Article
• Authors: Walker, Lenore E. A.
• Other Names: Frailing Kelly guest-editor.; Perlin Michael L. guest-editor.
• Is Part Of: American behavioral scientist. Volume 64:Number 12(2020)
• Page Start: 1749
• Page End: 1767
• Publication Date: 2020-11
• Subjects: family courts -- domestic violence -- child abuse -- therapeutic jurisprudence; Social sciences -- Periodicals; Political science -- Periodicals; United States -- Social conditions -- Periodicals; United States -- Politics and government -- Periodicals; 300
• DOI: 10.1177/0002764220956688
• Languages: English
• ISSNs: 0002-7642

Abstract

Family courts have rarely considered how their decisions are perpetuating domestic violence and child abuse in the many cases where custody disputes are before them. Rather than judges playing King Solomon themselves, they frequently leave the decision making to mental health professionals and lawyers whose credentials rarely include an understanding of what is needed to recognize, stop current abuse and prevent future violence. This article employs a literature review to examine the consequences of this decision making. Research shows that both male and female judges are skeptical of mothers' claims of abuse and that their opinions contain negative stereotypes of women on which theories of parental alienation are based. More frighteningly, when guardians-ad-Litem or Custody Evaluators were entrusted with these decisions, research shows an intensification of the courts' skepticism toward mothers'—but not fathers'—claims of abuse. Traditional family court procedures continue the serious risk of harm to women and children by minimizing domestic violence and child abuse, often using unproven and unscientific alienation theories as an excuse not to protect them. The article concludes with a discussion of the role specialty courts that employ therapeutic jurisprudence can play in improving this process for children.