1. Hannah, 1 Domestic Violence, Abuse and Child Custody Presented by Mo Therese Hannah, PHD December 2, 2010

2. Hannah, 2 What’s the evidence that the custody courts are dysfunctional?

3. Hannah, 3 We have gathered evidence and documentation using a variety of methods and sources—empirical, anecdotal, testimonial, scholarly and legal commentary, from litigants, legal professionals, DV staff, advocates, researchers, journalists, and activists— virtually all of which converge and point to the same serious and pervasive set of problems that affect contested child custody cases across the country.

4. Hannah, 4 Complaints by Protective Mothers Individual cases vs. pattern of results Custody as a domestic violence tactic Demonizing of the victim Myth of false allegations of abuse by mothers

5. Hannah, 5 Surveys, empirical studies, and other research Problem affects large proportion of contested child custody cases Male batterers are twice as likely to seek sole custody as are non-battering men. 70-83% of contested custody cases result in custody or joint custody to father

6. Hannah, 6 Battered Mothers’ Testimony Projects and Research State studies: MA.,PA.,CA.,AZ.,AK., and NYC. Consistency over these studies Araji and Bosek research (chapter in book) State studies consistent with independent research Findings confirm mothers’ verbal and written reports of their cases

7. Hannah, 7 Widespread reports of similar cases, fact patterns, and outcomes Authors of DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY reviewed hundreds of cases Authors of FROM MADNESS TO MUTINY reviewed thousands of cases Battered Mothers Custody Conference IV held a Truth Commission that heard testimony about 16 cases Many other cases reported to DV agencies, hotlines, NOW chapters, etc.

8. Hannah, 8 Affected cases follow a typical pattern: Frequent use of discredited practices, gender bias, lack of up-to-date research and other serious mistakes made by attorneys, evaluators, law guardians, judges, and legal auxiliaries Outcomes giving little priority to immediate safety of the children or to the maternal-child bond. Extreme/draconian outcomes for mothers alleging DV or child abuse, e.g., primary caretaking mothers losing physical custody altogether; mothers being placed on supervised visitation with no record of criminality or child abuse

9. Hannah, 9 What are the causes and contributors?

10. Hannah, 10 10 Many court personnel fail to recognize the many different forms of coercive control used by batterers – Threats of Violence – Physical Violence – Sexual Violence – Violence Against Children – Threats of Litigation/ Abducting Children – Monitoring/ Surveillance – Isolation – Economic Abuse – Emotional Abuse – Spiritual Abuse – Stalking – Custody battles

11. Hannah, 11 11 Batterers Set Up Victims to Look Bad/Have No Credibility, esp. with Courts – Sabotage her parenting, housekeeping – Deprive her of sleep, food, medicine, warmth – Deny or minimize their own misdeeds, and/or project their own misdeeds onto their victims – Keep her in a perpetual state of anger/ fear – Slander her behind her back – Terrorize her so she acts paranoid, esp. re kids – Financially and emotionally exhaust her – Drive her into crime or abhorrent behaviors – Drive her to drink, use drugs, attempt suicide – Drive away all of her support mechanism

12. Hannah, 12 12 What We Need to Know About Batterers Abusers grew up being abused or witnessing abuse, or are now surrounded by those who do Abusers are IN CONTROL, not angry, not provoked, not suddenly “snapped”; abuse is premeditated Woman abusers also harm and manipulate children – They do it to control their mothers – Many assault and molest their children – Wife abusers seldom support their children Abusers’ risk to children is greater after separation – Visitation is hazardous to children and non- offending mothers

13. Hannah, 13 Parental Alienation Syndrome (PAS) What it is Pseudo-scientific: Lacks any scientific basis Dr. Paul Fink chapter and pro-pedophile basis of PAS Used as tactic by abusers to maintain power and control Widespread harm to children Still used frequently although not always by that name

14. Hannah, 14 Gender bias in the courts Evaluating the Evaluators by Lynn Hecht Schafran Court-sponsored gender bias commissions Findings of widespread bias against women litigants Protective mothers face higher standard of proof, less credibility and blame for their abusers’ behavior.

15. Hannah, 15 Failure to Recognize Domestic Violence Judges and other professionals often fail to view domestic violence as a subject of specialized knowledge Judge Mike Brigner describes in his chapter how judges often discredit allegations of domestic violence for reasons unsupported in research Professionals often don’t know where to find genuine expertise The importance of context in understanding domestic violence

16. Hannah, 16 Failure to understand the harmful effects of domestic violence on children All states require consideration of domestic violence in custody and visitation decisions The laws are based on research demonstrating harm of domestic violence to children Witnessing domestic violence has long- term harmful effects on children Children do not benefit from having abusive parents in their lives

17. Hannah, 17 Extreme Outcomes Most common result in domestic violence custody cases is opposite of what research establishes works best for children Courts and abusers often retaliate because mother continues to believe abuse allegations Joan Zorza writes courts should avoid such practices because research demonstrates the findings denying abuse are often wrong