Child Deprivation Domestic Violence and Visitation. Lauren Litton NCJFCJ.org Vicky O. Kimbrell Georgia Legal Services Program www.GLSP.org. Ways in Which Co-Occurrence May Become Evident.
Vicky O. Kimbrell
Georgia Legal Services Program
Even if the abusive relationship dissolves, frequently victims want their children to have a relationship with their fathersif it can be done in a way that does not compromise their own safety or the safety of their children.
“The battered mother has to worry that if she leaves, the abuser will take her children, and if she doesn’t, that the government will.” Jill Zuccardy, attorney in Nicholson v. Williams
agencies, domestic violence
agencies must intervene to create safety, enhance
well-being, and provide stability for children and
Principle II: To ensure stability and permanency for children, courts and communities must try to keep children in the care of their non-offending parent.
Educate Victims on Separation resources -Places, shelters
TANF, Food Stamps
Make Victim Responsible for Separation
Mandate Separation without safety planning - More women are killed leaving than staying. 75% of homicides during separationSeparation from Batterer
If he knows where and when her classes/evaluations/tests/services are scheduled, she’s in danger - and the case plan put her there.
FVIPS are never appropriate for victimsJoint Case Plans Put Victims & Their Children in Danger
Advise Client of Options
Refer Client to Legal Services, Private Attys,Legal Advocate, Vic Asstc, SAAGs
Realistically explain benefits and risks of TPOs
TPOs can Anger Batterer
Uses your authority to control victim
Victim has more information than you upon which to make decisionsTemporary Protective Orders
Forcing joint physical
custody on unwilling
parents results in high
levels of parental
conflict and re-litigation,
leaving children with
two tense and angry
Court shall consider the perpetrator’s history of harming another;
If one parent is absent or relocates because of family violence such shall not be deemed abandonment of the child;
Court can order supervised visitation.
AlternativesVisitation- OCGA 19-9-1 (a)(2) – in a proceeding awarding custody/visitation when family violence is found:
Separate Caseplans for Perpetrators
“The total length of separations of mothers and children [that NY CPS] has caused is measured in years. The suffering and trauma it has caused cannot be measured.”Judge J. Weinstein, Findings of Fact, Nicholson v. Williams