Domestic Violence and Court Ordered Visitation: How to Minimize Trauma to the Child

1. Domestic Violence and Court Ordered Visitation: How to Minimize Trauma to the Child Loretta M. Frederick, Esq Battered Women’s Justice Project

2. Priorities (Johnston) 2

3. Developing a New Framework for A Differentiated Response: The PPP Screening Model Pattern of coercive controlling tactics and violence Potency of the violence Severity, risk Frequency Primary Perpetrator

4. John and Ryska • What safety concerns do you have for Ryska? • Do you see any “red flags” in this case regarding Lily? What about the other children? • What additional information, if any, do you need or want in this case?

5. John and Ryska • Should there be visitation? Why or why not? • If yes, how should you structure the visitation and when would you review it?

6. Responding to Requests for Limited Child Access • Judges have a continuum of options at their disposal when determining custodial allocation and visitation • Unsupervised visitation • supervised visitation • monitored exchange • no visitation • Each have inherent potential risks for the emotional and physical well-being of a child and the safety of a battered parent

7. Responding to Requests for Limited Child AccessA Three Step Process 1. Decide whether the abusive parent should have access to children at all • If access is appropriate, determine the level of access • If access is allowed, craft accompanying provisions that will make access safe

8. Responding to Requests for Limited Child Access: Individualized Assessment • Risk assessment and findings of fact regarding domestic violence are critical first steps to crafting orders • Domestic violence impacts children in a host of ways that are individualized; as a result, judges should assess each child in light of his or her specific needs, experiences, resources and developmental status.

9. Basic Principles • Children should not be physically forced to visit with an abusive parent; judges should conduct periodic review hearings to ascertain the continued appropriateness of the visitation arrangement. • The safety of the child is aligned with the safety of the battered parent, and that safety is typically in greatest jeopardy after separation.

10. Basic Principles • Lack of resources should not equate to an order for unrestricted visitation. • Provisions in custody and visitation orders may become ineffective as circumstances, status of parties, and resources change. • Courts should develop systems to trigger periodic reviews of supervised visitation and exchange orders.

11. What factors are relevant when considering whether to relax restrictions on visitation?

12. What is persuasive/meaningful? • Absence of critical incidents during supervised visitation? • Strict compliance with Supervised Visitation Center rules? • Compliance or non compliance with court order? • Other than visitation provisions? • Completion of a program? • BIP • Parenting • Substance abuse

13. There is no quick answer for making this determination, but often, a batterer’s compliance with batterer intervention programs or other services is instructive • Lack of critical incidents is not IN AND OF ITSELF evidence that visitation is safe • Judges should conduct periodic review hearings to continually assess the safety of visitation and exchange orders