"But he's a great father," Sarah thought to herself as she heard her friend's story of domestic violence. "He loves his kids and would never purposely hurt them." She tried to find any kind of justification for her friend staying with her abusive husband. But the truth is, domestic violence and being a great parent do not go together. Although it may seem impossible, the justice system has a range of possible outcomes in a parenting matter featuring domestic violence.
In Australia, there has been a shift in recent years towards prioritizing a child's safety in matters of domestic violence. However, many parents who have experienced domestic violence still struggle to regain custody of their children or ensure their children's safety during access visits with the perpetrator.
According to research from the Australian Institute of Family Studies, there are several factors that contribute to the negative outcomes for parents and children in these cases, such as:
While the range of possible outcomes can vary based on the specifics of the case, there are a few potential outcomes that may occur in a parenting matter featuring domestic violence:
Unfortunately, this is still a possible outcome in some cases. Although the justice system has recognized the importance of considering the child's safety and wellbeing when making these decisions, some parents may still be deemed "unfit" for custody due to allegations or convictions of domestic violence.
This can be a difficult outcome to accept for the parent who has been victimized, as they may feel helpless in protecting their child from further harm. However, it's important to remember that this outcome is not the end of the road. A parent can still fight for their child's safety during access visits, request supervision for those visits, and work with support services to rebuild their case for custody.
In some cases, the court may recognize the validity of the allegations against a parent, but still allow for shared parenting arrangements with certain conditions in place. These conditions may include:
This outcome can be a positive step towards balancing the child's right to a relationship with both parents while still prioritizing their safety and wellbeing. It's important for the parent who has been abused to continue to advocate for their child's safety and hold the other parent accountable for following the conditions set by the court.
While this outcome may be rare, it is a possibility in cases where the court recognizes that the impact of the domestic violence on the child outweighs the importance of maintaining a relationship with the abusive parent. This outcome may also occur if the perpetrator has not taken responsibility for their actions or shown a willingness to change their behavior.
It's important to note that this outcome does not mean that the parent who has been abused has "won" custody. It's still important for both parents to prioritize their child's wellbeing and work together to ensure their needs are met.
At the end of the day, the range of possible outcomes in a parenting matter featuring domestic violence can feel overwhelming and disheartening. However, it's important for parents to remember that they do have agency in these cases and can advocate for their child's safety and wellbeing. Here are three key takeaways to keep in mind:
We must continue to work towards a justice system that prioritizes the safety and wellbeing of children in cases of domestic violence. But in the meantime, parents can take action to protect their children and find support for themselves and their families.
domestic violence, parenting matters, child safety, family violence, custody battle, legal rights
Legal and Social Issues
Curated by Team Akash.Mittal.Blog
Share on Twitter Share on LinkedIn