Domestic Violence, Custody Access: An Office of the Children s Lawyer Perspective

Transcription

1 Domestic Violence, Custody Access: An Office of the Children s Lawyer Perspective October 24, 2013 Thunder Bay Law Association 2013 Family Law Conference Presenter: Caterina Tempesta, Counsel Office of the Children s Lawyer

2 Agenda 1. Overview of The Office of the Children s Lawyer (OCL) 2. Research on domestic violence and custody/access 3. How the OCL assess allegations of domestic violence 4. Three scenarios to consider 2

3 Who We Are Children s Lawyer Legal Personal Rights Department Property Rights Department Clinical Department Legal Panel Members Clinical Panel Members 3

4 Litigation initiated by parents How the OCL Gets Involved in Custody and Access Cases Judge requests OCL involvement OCL provides legal representation or clinical report 4

5 What We Do We shift the focus from the conflict to the children s interests Legal Representation Legal Representation with a Clinical Assist Clinical Report 5

6 How We Develop A Position/ Recommendation 1. Review Documents 2. Meet with both parents/parties 3. Meet with children/child clients 4. Observe children with each parent/parties 5. Talk to collaterals 6

7 Identification of Domestic Violence We screen for domestic violence in every case We always consider whether the custody and access arrangements create or increase risk 7

8 Separation and Domestic Violence Domestic Violence Death Review Committee Reports, Office of the Chief Coroner 39 risk factors Recommended education for all family law lawyers 8

9 Typology of Domestic Violence Jaffe, Crooks & Bala (2008) described four types of violent relationships: 1. Abusive-controlling violent relationships 2. Conflict instigated violence 3. Violent resistance 4. Separation instigated violence 9

10 Austin & Drozd (2012) Analyzing Risk Research based multidimensional framework and forensic model 10 key behavioural dimensions examined 12-step forensic protocol 10

11 Examines: Austin & Drozd s Forensic Model Static and dynamic risk factors Threat factors Kinds of aggression Frequency Severity Active v. remote Pattern Children s exposure Pattern of instigation Protective gatekeeping 11

12 Assessing the Violence 1. Interviews with the parents History and pattern of violence during relationship Children s exposure to violence Incident post separation 12

13 Assessing the Violence cont. 2. Collateral sources Police records Medical School/daycare Family members New partners Post separation resources counselling, shelter staff 13

14 Assessing the Violence cont. 3. Interviews with children General principles Multiple interviews Taking the time to build rapport Open-ended questions Child s perceptions of family life pre- and post separation 14

15 Understanding Children s Views & Preferences 15

16 Understanding Children s Views & Preferences in the Context of Domestic Violence Complex range of emotional responses and reactions Strength, consistency, independence Must have an understanding of the nature of the violence in the family Critical to tease out the reasons, feelings and perspectives that underlie views 16

17 Three Scenarios Substance, basis, and context of child s views suggest different approaches and interventions 17

18 Scenario 1: Child Refusing Contact with Alleged Abuse Realistic Estrangement? OR Alienated Child? 18

19 Scenario 2: Child Wishes to Live with Alleged Abuser Abuser s confidant or ally? OR Victim s parenting compromised? OR Child resistant to changing community, school, peer group? 19

20 Scenario 3: Child Wants 50/50 Time Sharing Child s experience of alleged abuser is distinct from victim s experience? OR Child has been exposed to abuse, but is pre-occupied with fairness and equality between parents? 20

21 Thank You For more information, please contact: Caterina Tempesta, Counsel, OCL t: e: 21