Exposing the Flaws: How Courts Overlook Domestic Violence in Care and Contact Disputes

The UN report titled "Custody, Violence Against Women and Violence Against Children" dated 13 April 2023, focuses on the intersection of child custody cases and the prevalence of domestic violence.

The report of the Special Rapporteur on violence against women and girls, its causes and consequences, Reem Alsalem, was submitted to the Human Rights Council pursuant to resolution 50/7. The report addresses the link between custody cases, violence against women and violence against children, with a focus on the abuse of the term “parental alienation” and similar pseudo-concepts.

The key points are:

1. Ignoring Domestic Violence: Family courts often overlook histories of domestic violence in custody cases. Allegations by mothers or children about abuse are frequently dismissed as attempts to manipulate and alienate fathers.

2. Parental Alienation: The concept of "parental alienation" is critically examined. This pseudo-concept suggests that children reject one parent due to manipulation by the other. It is often used to discredit abuse claims and is not supported by empirical evidence.

3. Impact on Victims: Courts' failure to consider domestic violence leads to double victimisation of abused mothers and children. Victims' allegations are frequently interpreted as malicious efforts to alienate the other parent, resulting in harmful custody decisions.

4. Gender Bias: The concept of parental alienation is predominantly used against mothers, depicting them as obstructive or vengeful. This bias negatively impacts mothers' ability to protect their children from abusive fathers.

Recommendations

The report calls for judicial systems to prioritise the safety and well-being of children, recognise the impact of domestic violence, and avoid using discredited concepts like parental alienation. It advocates for training and awareness among legal professionals to better handle such cases.

The report underscores the need for a shift in how care and contact cases involving domestic violence are handled to ensure the protection and best interests of children and their primary caretakers.

Download UN Report