
nrc.nl
Dutch Study Highlights Neglect of Domestic Violence in Child Custody Cases
A Dutch study reveals that domestic violence is often ignored in family court proceedings concerning child custody, despite being a factor in 20% of divorces and 50% of complex cases; researchers advocate for improved training and assessment frameworks to prioritize children's safety.
- Why is domestic violence still relevant even after parents have separated?
- The study, involving 127 lawyers, judges, and social workers, highlights a prevailing emphasis on equal parenting in family law, overlooking safety concerns. This focus on equal rights and future co-parenting overshadows the consideration of domestic violence, which is often treated as a criminal matter rather than a family law issue.
- How significant is it for a child to grow up with both parents, considering the presence of domestic violence?
- The lack of awareness regarding domestic violence patterns among legal professionals hinders accurate assessments of child safety. This results in children being forced into contact with potentially abusive parents, leading to negative consequences. Improved training and a stricter assessment framework are crucial for ensuring children's well-being.
- What is the primary reason why domestic violence and its impact are frequently not considered in family law cases?
- In approximately 20% of divorces, domestic violence plays a role, rising to 50% in complex cases. However, a study by the Verwey-Jonker Institute reveals that when determining child custody, domestic violence is often disregarded in family court proceedings.
Cognitive Concepts
Framing Bias
The framing emphasizes the shortcomings of the current system in addressing domestic violence within family law cases. The headline and introduction immediately highlight the problem, setting a tone of concern and highlighting the insufficient consideration given to victims' safety.
Language Bias
The article uses strong language such as "liegen er niet om" (the statistics don't lie) which conveys a sense of urgency and alarm. While this is effective, it could be toned down for more neutral reporting. The term "vechtscheidingen" (battle divorces) is also emotionally charged.
Bias by Omission
The article focuses heavily on the challenges of incorporating domestic violence into legal proceedings, but omits discussion of support systems or resources available to victims during and after separation. It also doesn't explore potential solutions from the perspective of those accused of domestic violence, potentially leading to an unbalanced perspective.
False Dichotomy
The article presents a false dichotomy by implying that either parents share equal custody or domestic violence is ignored. It overlooks the complexities of situations where one parent's actions compromise the safety of a child.
Gender Bias
While the article focuses on the impact of domestic violence on women and children, it doesn't explicitly state that men can also be victims. The language used could be more inclusive by stating "victims of domestic violence" instead of focusing primarily on women.
Sustainable Development Goals
The article highlights how domestic violence is often overlooked in family law cases, negatively impacting women and children. The legal focus on equal parenting rights sometimes overshadows safety concerns, leaving women and children vulnerable. The lack of training for legal professionals on recognizing and addressing domestic violence exacerbates the issue, perpetuating gender inequality.