Citation

Perrin RL. Am. Univ. J. Gend. Soc. Policy Law 2017; 25(2): 155-177.

Copyright

(Copyright © 2017, College of Law, American University)

DOI

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PMID

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Abstract

Divorce can be a dangerous process for victims of domestic violence. Violence and control do not always end when a relationship ends; an abuser, in response to losing control of his victim, may harass his former partner as an attempt to reassert control. Custody evaluations are a tool used in disputed custody cases in which a third party evaluator assists the court by assessing various factors relevant to custody decisions. While multiple researchers have found that domestic violence allegations are very common in disputed custody cases, only one state, California, mandates that its custody evaluators undergo domestic violence training. Despite the obvious necessity, forty-nine states do not legally require that evaluators have knowledge of domestic violence and its impact on victims and children. Research also shows that evaluators with inadequate domestic violence knowledge tend to recommend unsafe parenting plans for domestic violence victims and their children.


Part I of this Article discusses research indicating that the unpredictability and lack of safety in recommendations can be attributed to varying amounts of knowledge held by evaluators, as well as their beliefs about domestic violence. Part II argues that these beliefs are the result of implicit gender bias and bias against victims. Part III proposes strategies for custody evaluators to overcome these biases.

Language: en