Traumatic divorce and separation : the impact of domestic violence and substance abuse in custody and divorce / Lisa Fischel-Wolovick.
2018
KF535 .F57 2018 (Map It)
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Details
Title
Traumatic divorce and separation : the impact of domestic violence and substance abuse in custody and divorce / Lisa Fischel-Wolovick.
Published
New York, NY : Oxford University Press, [2018]
Call Number
KF535 .F57 2018
ISBN
9780190275983 (paperback)
0190275987
0190275987
Description
xiv, 319 pages ; 24 cm
System Control No.
(OCoLC)1007842091
Summary
" ... Integrates the conflicting mental health perspectives concerning trauma theory and the study of divorce, in what the author has termed "traumatic divorce" -- that is, divorce complicated by the high-risk factors of domestic violence, mental illness, and/or substance abuse ... examines issues of financial disparities for women following divorce, traumatic symptoms in children and adults, and the legal controversies about the admissibility of psychological theories related to abuse. The author also addresses domestic violence as a gendered crime against women; the need for a trauma-informed judicial response" -- Page four of cover.
Bibliography, etc. Note
Includes bibliographical references (pages 221-294) and index.
Record Appears in
Gift
Purchased from the income of the Edith L. Fisch Fund
Gift
The Arthur W. Diamond Law Library
Purchased from the income of the Edith L. Fisch Fund
Table of Contents
Preface
ix
Acknowledgments
xiii
1.
Identifying the Problem: Traumatic Divorce and Separation
1
Study of Divorce
3
Study of Trauma and Abuse
3
Impact of Traumatic Exposure
3
Court's Response to Domestic Violence
6
Gender Bias in the Courts
7
Interdisciplinary Collaboration in Divorce and Custody
9
2.
Impact of Divorce and Separation on Adults, Children, and Adolescents
12
Divorcing Families and the Courts
12
Adults and Divorce
14
Children and Divorce
15
Parenting and Divorce
16
Divorce and Separation as Transitions
18
Co-Parenting and Children's Adjustment
18
Visitation with Infants and Preschool Children
20
Adolescence and Divorce
22
Concept of High-Conflict Divorce
27
Allegations of Abuse During Divorce or Separation
30
Domestic Violence, Trauma, and Divorce or Separation
30
Conclusion
33
3.
Struggle to Define Domestic Violence
34
Domestic Violence: The Definition of the Problem
34
Domestic Violence as Coercive Control
35
Are There Classifications or Typologies of Domestic Violence?
37
Measuring the Prevalence of Domestic Violence
40
Analysis of the Gender Symmetry Theory
41
Conclusion
44
4.
Effects of Trauma on Children
47
Children's Exposure to Trauma
48
Public Health Impact of Childhood Exposure to Trauma
48
Trauma in Infants and Preschool Children
51
Traumatic Exposure to Domestic Violence in Children
52
Prevalence of Childhood Sexual Abuse
54
Identification of Sexual Abuse
55
Substance Abuse and Attachment
58
Fatherhood, Children, and the Impact of Abuse
59
Parental Alienation
62
Rate of False Allegations
65
Allegations of Mothers as Gatekeepers
66
Resilience in Children
68
Conclusion
68
5.
Gender Bias in the Family Courts
70
Family Courts' History
71
Gender Bias and Domestic Violence
73
Gender Bias Task Force Movement
74
Gender Bias in the Federal Courts
78
Gender Bias, Custody, and Visitation
79
Human Rights Research on Battered Women
83
International Law Protections
85
Custody and the Fathers' Rights Movement
86
Conclusion
92
6.
Intimate Partner Abuse, Mental Health, and Substance Abuse
94
Mental Health Questions Regarding Batterers
95
Common Personality Traits in Batterers
96
Battering and Parenting
96
Is There a Diagnosis?
98
Assessing Dangerousness
100
Maternal and Paternal Mental Health Concerns
103
Mental Health, Domestic Violence, and Symptoms of PTSD
104
Substance Abuse and Domestic Violence
107
Severity of Aggression and Alcohol Abuse
108
Impact of Parental Substance Abuse on Children
109
Mothering, Domestic Violence, Substance Abuse, and Mental Health
110
Conclusion
113
7.
Economic and Legal Abuse
114
Identification of Economic Abuse
114
Employment and Domestic Violence
116
Bankruptcy, Debt, and Domestic Violence
119
Legal Abuse
120
Divorce, Separation, and Economic Abuse
122
Child Support Enforcement
124
Distribution of Marital Property
125
Impact of No-Fault Divorce
126
Alimony, Spousal Support, and Maintenance
127
Counsel Fees
130
Federal Civil Remedies
131
Conclusion
132
8.
Integrated Mental Health Response In Custody Litigation
133
Development of Custody Jurisprudence
134
Domestic Violence and Child Custody Determinations
135
Competing Legal Presumptions and Custody Decisions
136
Attorneys for the Children
139
Custody Determinations and Trauma
140
Primary Caretaker and Custody
141
Current Trends in Child Custody
142
Joint Legal Custody Presumptions
143
Custody and Domestic Violence
144
Conclusion
146
9.
Response to Families Engaged in Traumatic Divorce: Judicial Trends and Reforms
150
Problem-Solving Model Court Response
150
Problem-Solving Substance Abuse and Mental Health Courts
153
Recidivism and Effectiveness
154
Domestic Violence Courts
155
Mediation
157
Parenting Coordination
161
Collaborative Law
163
Supervised Visitation Programs
164
Supervised Visitation in Domestic Violence Cases
165
Supervised Visitation with Traumatized Children
167
Post-Separation Risks of Abuse
168
Conclusion
170
10.
Expert Testimony and Custody Evaluations
173
Court's Use of Expert Testimony
174
Guidelines for Psychologists in Custody Evaluations
175
Guidelines for Psychiatry
177
Social Work Guidelines
177
Recent Guidelines for Custody Evaluators
177
Domestic Violence and Custody Evaluators
179
Judicial Guidelines for Custody and Domestic Violence
179
Evaluating Domestic Violence
180
Are Custody Evaluations Accurate?
183
Role of Attachment
184
Interviewing Children
185
Psychological Testing and Custody Evaluations
189
Legal Standards of Admissibility
193
Conclusion
196
11.
Recommendations and Conclusions: Building an Integrated Response
197
Systemic Change in the Family Courts
197
Model Court Movement
201
Battered Women's Experiences in Court
203
Judicial Reforms
207
Interdisciplinary Collaboration and the Provision of Services in the Family Courts
208
Assessment of Batterers' Intervention Programs
211
Study of Victimology
214
Medical Profession and Domestic Violence
214
Graduate Education
215
Legal Education
216
Vicario us Trauma
218
Conclusion
218
Notes
221
Bibliography
269
Index
295