When deciding custody and visitation in cases where there is intimate partner sexual abuse and other types of domestic violence, the paramount concern must be the safety and physical and psychological welfare of the child. As the experts cited earlier have documented, the best way to protect these children is to protect the protective parent. There are many things judges can do in both their individual decision-making and as leaders in the court system to minimize the impact of domestic violence, including intimate partner sexual abuse, on children.
In an interview for The Judges' Journal, the Director of the Department of Justice Office on Violence Against Women, Mary Beth Buchanan, observed:
"Judges can make better decisions for both women and children if they are presented with information from all relevant sources involving the family. For example, a family court judge should know if there is a related criminal case."
— Runge, Comprehending the Link between Domestic Violence and Children (2007) at 5.
For a detailed list of recommendations for judges who work on child maltreatment and custody cases, consult the National Council of Juvenile and Family Court Judge's manual titled “Effective Intervention In Domestic Violence and Child Maltreatment Cases: Guidelines for Policy and Practice” (PDF 380KB).
A comprehensive resource on custody and domestic violence which includes numerous references to intimate partner sexual abuse as an aspect of domestic violence is Deciding Child Custody When There is Domestic Violence: A Benchbook for Pennsylvania Courts (PDF 359KB) (2008). This benchbook covers the full range of issues involved in making custody and visitation decisions that will enhance victim safety while serving the best interest of the child. It provides experts’ recommendations for critical procedures and evidentiary questions as well as key research to help courts understand the complex impact of family violence on children and dispel common myths and stereotypes about domestic violence.
