Many families are torn apart by fierce domestic violence. It can have a lasting and terrible impact on our lives, both the affected individuals and the abusers themselves. Decades ago, domestic violence is often considered as private matters that need to be solved discreetly in the family. However, the society has no longer overlooked domestic violence and there are multiple societal attitudes related to this. Many countries have passed tougher laws to safeguard affected individuals. This is especially true in cases of child custody and divorce disputes.
In general, the court will perform a review of the family situations. This allows legal professionals to determine appropriate visitation and living arrangements that can best meet the parents’ requirements and interests. Court also has the authority to consider relevant factors that determine the interest of the children. These may include:
How Accusation Of Domestic Violence Can Affect Child Custody
• Children’s wishes
• Parent’s wishes
• The type of relationship and interactions that parents and children currently have
• Children’s ability to adapt to their community, school and family
• Parents’ willingness to encourage and facilitate ongoing relationships with children. This is also useful to determine whether there’s animosity between members of the family
• History of physical violence and mental abuse in the family, this includes violence and abuse directed to adults
• Physical and mental health of the parents
In general, it’s in the children’s best interest to maintain a positive, close interaction and contacts with their parents. However, this presumption can be nullified if the relationship is riddled with abuse and violence. Children shouldn’t live with parents who constantly abuse them. Depending on their situations, abusive parents may or may not have visitations rights. In most cases, these visitations must be supervised to ensure that children will not receive further abuse mentally and physically.
Unfortunately, some dishonest spouses find that alleging their upcoming ex-spouses is a good way to deny them child custody. In fact, many countries have powerful law that’s meant to protect victims of abuse. This can be manipulated as a way to gain child custody legally, but also dishonestly. Abuse in the family can be defined as intentional intimidation and harassment to deprive others of their freedom and well-being.
In practice, the definition of abuse can be open-ended and very subjective. A spouse can accuse their partner of abusing children, if it is done unintentionally. As an example, the father could have less quality time with children because he is a ship crew or work in an oil rig. This may cause the court to consider the father inappropriate for child custody, due to prolonged work outside the home. In the end, the father may not be found guilty of abuse, but still unsuitable for child custody.
If one of the spouses is actually quite abusive, he/she can be deprived of visitation rights. In this case, if we are sure that the allegation of neglect or abuse is fabricated and false, it is important to provide solid proofs. We shouldn’t let the other party to use domestic violations as an effective tool to gain their goals.