Domestic violence marginalised

1
Domestic violence marginalised childrens needs
compromised in the construction of childrens
best interests

• Dr Amanda Shea Hart

2
Adverse effects on children from exposure to DV

• Possible long short consequences
• Serious physical, psychological, cognitive,
  behavioral, developmental, emotional relational
  problems
• Poor life satisfaction, self esteem future
  relationships
• Disrupted tasks of childhood

3
Adverse effects on children from exposure to DV

• Cumulative developmental effects
• Predisposition to becoming violent later in life
• Elevated physiological states
• ongoing hyperarousal hypervigilance
• Numbing/avoidance
• Development of Post Traumatic Stress Disorder PTSD

4
Child victims of violence

• For children, living with domestic violence
  requires negotiating, making sense of, and
  managing a number of complex and overlapping
  issues the behavior of the abuser the responses
  of, and impacts on, their mother and siblings
  danger and risk to themselves their emotions
  and kin and friendship relations.
• Mullender, Hague, Imam, Kelly, Malos and Regan
• (2002, p.91)

5
Research on DV in family law proceedings

• Alleged violence in 79 of adjudicated cases in
  FCA (AIFS 2007)
• Violence an issue in 58 of 40 randomly selected
  child-related judgments (Kaspiew 2005)
• Violence an issue at final hearing in 128 contact
  cases at Adelaide registry between 1996-2001
  (Shea Hart 2004)
• Physical violence an issue in 67 of 91 child
  related judgments. At least one allegation
  accepted by FCA in over 50 of these cases (FCA
  2003)

6
Examples of types of violence found to have
occurred

• stalked harassed
  foul language
• threat to kill dictatorial
  head- butted
• pulled from the car broke wifes ribs
• poured lighter fluid on the wife and threatened
  to set it on fire
• threatening and aggressive demeanor
• convicted of assault
• ruled the household with an iron fist
• punching a hole through the door
• threatening and intimidatory manner
• obsessive about the wife and the children mixing
  with other people
• wife was required to be extremely frugal with
  the housekeeping money

7
Violence mutualised

• extreme conflict bitter conflict
• bitter feud
• fiery marriage turbulent relationship
• state of war between the parties
• animosity between the parties
• enmity between the parties
• active denigration by both parents
• hostility between the parties

8
Alienating mothers

• Mothers hostile irresponsible attitudes
• relentlessly undermining slur the
  father
• pernicious influence
  selfish
• quest for revenge severely
  overprotective
• grossly alienating
• actively denigrated the husband
• poisoned the childs mind against his father
• destroying fathers relationship with his
  children
• deliberatealienating conduct and strategies
• callous disregard for childrens wellbeing
• blinded to the essential issues for
  childrens wellbeing

9
Childrens problems

• frightened
  emotionally fragile
• disruptive
  extremely upset
• anger and hostility confused
• poohing her pants disturbed
  sleep
• impulsive moods depressive
  condition
• hated life and wished to die
• withdraws from unpleasant feelings
• learning difficulties
• difficulties concentrating
• obsessed with masturbation
• regular detentions at school
• kicking, hitting, teasing and showing no remorse

10
Normalising discourse

• Children immature, incompetent beings not able to
  reliably express their own experiences wishes
• Children adversely affected by
• exposure to conflict
• deprivation of relationships with their loving,
  caring fathers
• irresponsible alienating mothers

11
Child problematising discourse

• Non-compliant behaviour
• defiant
  difficult
• stubborn
  resistant
• uncontrollable
  disrespectful
• taciturnity
  self-centered
• enormous power and control bad behaviour
• Acting out behaviour
• bad tempered unruly
• misconduct
  hostile
• aggressive
  glared
• putting on a show
  confronted

12
Childrens improved wellbeing

• Social academic development
• more able to state feelings
  co-operative
• fairly self assured
  friendly
• excellent social interaction
  communicative
• outstanding school work
  improved functioning
• no longer receiving regular detentions at
  school
• Emotional, psychological behavioural
• functioning normally
  peace of mind
• more secure
  managing life
• markedly less anxious
  stable
• no longer requiring medication
  feeling safe
• progression into a normal state less
  angry
• improvement of depressive condition
• nightmares have now settled

13
Childrens best interests Prioritize protection
from violence

1. Centralize childrens exposure to domestic
   violence
2. Legislative reform - rebuttable presumption of no
   contact where violence is alleged
3. Ongoing education training for social science
   and legal professionals on domestic violence and
   child abuse

14
Childrens best interests Priorities protection
from violence

• 4. Differentiated case management pathway
• Early intervention report to Court
• Comprehensive individual child-focused assessment
  provided by experts in violence, abuse and
  childhood trauma
• Risk/benefit analysis
• Identify trauma symptoms, coping strategies,
  attachment patterns, special needs views of the
  child
• Identify patterns of coercive control parenting
  practices of perpetrator of violence
• Recommendations for Court case management, case
  coordination between jurisdictions referral to
  therapeutic/support services
• Conduct research to evaluate outcomes for the
  child
• and develop evidence based model of practice