Module VII: Custody and Visitation Implications
Table of Contents: Custody and Visitation Implications
(29 Pages)
Learning Objectives:
This module will enable a judge to:
- Know the characteristics of abusive partners as parents, the risks they pose to their children, and the increased risk to children posed by perpetrators of intimate partner sexual abuse.
- Structure custody and visitation orders that protect against the heightened risk to children when intimate partner sexual abuse is an aspect of domestic violence.
- Require custody evaluators to fully document in their recommendations any allegations of domestic violence and intimate partner sexual abuse and be continually aware that these evaluators are not always a reliable resource for judges seeking to understand the dynamics of a family enmeshed in domestic violence.
- Reject proposed evidence of "parental alienation syndrome" as passing neither the Daubert nor Frye tests.
- Understand how the presence of intimate partner sexual abuse impacts reliance on alternative dispute resolution.
- Structure custody and visitation orders that protect against the heightened risk to intimate partner sexual abuse victims when visitation exchanges are unsupervised.
- Promote supervised visitation facilities in the jurisdiction.
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