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Myths, Facts & Statistics

News Article

Rate of Domestic Violence In Contested Custody Cases

November 9, 2005

Among custody litigants referred to mediation, “physical aggression had occurred between 75% and 70% of the parents . . . even though the couples had been separated. . . for an average of 30-42 months”. Furthermore, in 35% of the first sample and 48% of the second, the violence was denoted as severe and involved battering and threatening to use or using a weapon." More
News Article

Rates At Which Batterers Receive Custody

November 30, 2005

Contrary to the conventional wisdom that women are favored in custody litigation, both the experiences of battered women and the empirical research are showing that women who allege abuse are deeply disfavored in custody courts. More
Myths and Facts

10 Custody Myths and How To Counter Them

ABA Commission On Domestic Violence, July 1, 2006

Any attorney who represents clients in custody matters will recognize at least some of the following unfounded clichés about domestic violence and custody. Here are some resources that the ABA Commission on Domestic Violence provides for practitioners to use when representing victims of domestic violence. More
News Article

Common Misconceptions in Addressing Domestic Violence in Child Custody Disputes

Juvenile and Family Court Journal, October 1, 2003

Domestic violence has been recognized as an important factor to consider in determining the best interests of children in custody and visitation disputes. However, there remain many misconceptions about the extent and impact of domestic violence in child custody proceedings. Several misconceptions are identified and juxtaposed with the reality of emerging knowledge in this field, and implications are outlined. These issues are illustrated by the perspectives of 62 women victims and 95 children exposed to domestic violence who had to navigate the justice system after separation from an abuser. Recommendations are offered for enhancing professional education, resource development, and collaboration among courts and community service providers. More
News Article

The Myth of Epidemic False Allegations of Sexual Abuse In Divorce Cases

Court Review

It is commonly believed that false allegations of sexual abuse in the context of divorce are epidemic, that most allegations made in the context of divorce are made by vindictive mothers and that these allegations are almost always false. These beliefs are not supported by scientific evidence. More
News Article

Myths That Place Children At Risk During Custody Litigation

The Leadership Council, January 1, 2006

Determining which parent should have primary custody when parents cannot agree is not easy. Custody evaluators often have little training in recognizing and responding to child abuse and domestic violence. Accordingly, those familiar with current practices have found that too often custody decisions are based on myth, misinterpretation of facts, and evaluator bias. The following are an overview of some of the erroneous beliefs that contribute to the problem of children not being protected from abuse in family court. More