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Abstract:
Joint custody and cooperative coparenting are often unsafe for women who leave violent partners. Although certain legal protections are available, more work is needed to understand and address abused women's needs in this context. This study provides divorce scholars and practitioners with information on the interface between separation/divorce and intimate partner violence. We review existing research, policies, and programs and propose directions for intervention and research that center around the unique needs of these families.
Key Words: child custody, children and domestic violence, coparenting, divorce, intimate partner violence.
Intimate partner violence (IPV) refers to a pattern of physical, sexual, and/or emotional abuse by a current or former intimate partner in the context of coercive control (Campbell & Boyd, 2000). Although violence may be perpetrated by men and women, we focus on male-perpetrated IPV in this study. IPV is a key factor in many women's decisions to end their marriages (Kurz, 1996). Yet, separation does not always stop the violence. Women who share children with abusers are particularly vulnerable to postseparation violence, as they are likely to have ongoing contact with former partners, ongoing contact presents opportunities for further violence. Thus, joint custody and cooperative coparenting, which are strongly encouraged by courts in many states, are often not realistic or safe for abused women and can be harmful for their children (Hardesty, 2002). In this article, we explore the intersection of separation or divorce and IPV and its relevance to divorce scholars and practitioners. First, we review research, policies, and programs related to IPV, parental divorce, and child custody. Unless otherwise specified, we use "child custody" broadly to refer to physical and legal custody, as well as visitation. Based on the limitations of existing work, we then propose directions for intervention and future research that center around the unique needs of these families.
Theoretical Framework
According to systems theory, all members of a family are interdependent (Whitchurch & Constantine, 1993). One part of the family cannot be understood in isolation from the rest of the system, and what happens to one part of the system affects the entire family. Families also influence and are influenced by other systems (e.g., cultural norms, legal system), which make up the family's environmental context and may support or...