Journal
JOURNAL OF FAMILY VIOLENCE
Volume 36, Issue 8, Pages 991-1001Publisher
SPRINGER/PLENUM PUBLISHERS
DOI: 10.1007/s10896-021-00256-7
Keywords
Domestic violence; Domestic abuse; Child contact; Safe contact; Evidence-based decisions
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This paper highlights the significant impact of domestic violence and abuse on children, emphasizing that separation does not necessarily end the exposure to violence but may provide opportunities for abuse to continue. Despite evidence showing the impact of violence on a parent's ability to care for children and increased awareness of the risks of abuse post-separation, the international practice of contact presumption still prevails in the majority of cases.
The impact of living with domestic violence and abuse has been recognised in policy and law in many jurisdictions as reaching the threshold of 'significant harm', with children's exposure included in definitions of abuse and neglect that require mandatory reporting, alongside an emerging recognition of coercive control as central to both the perpetration of domestic violence and abuse, and how children experience it. Far from separation providing an end to this exposure, over two decades of research on child contact arrangements highlights how it can provide legitimate opportunities for abuse to continue. While the empirical evidence demonstrates that using violence against a partner impacts on men's ability to parent their children pre-separation, and a burgeoning knowledge base and improved professional acumen appreciates the risk to children and mothers of ongoing and escalating abuse post-separation, the international practice of the presumption of contact continues to trump this empirical evidence in the overwhelming majority of cases. This not only fails to consider the risk that domestic violence and abuse poses to child safety, but serves further to marginalise children's safety. Motivated by our collective experience across the domains of research, policy and practice, this commentary poses some difficult questions, challenging a conversation about both the risks and benefits of contact in the context of a history of domestic violence and abuse. In no particular order, this paper outlines our seven-point plan, which, based on the evidence, we believe could make a significant difference to safe(r) post-separation contact for children.
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