About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

6 B.U. Pub. Int. L.J. 501 (1996-1997)
Protecting Children Exposed to Domestic Violence in Contested Custody and Visitation Litigation

handle is hein.journals/bupi6 and id is 511 raw text is: COMMENTARIES PROTECTING CHILDREN EXPOSED TO DOMESTIC VIOLENCE IN CONTESTED CUSTODY AND VISITATION LITIGATION1 PAULINE QUIRION INTRODUCTION Domestic violence is detrimental to children. Thus, courts should consider it as evidence of parental unfitness or misconduct, both of which courts weigh heavily in determining what custody and visitation arrangements are in the chil- dren's best interests. Likewise, given the staggering number of murders result- ing from family violence2 the courts should fashion orders to ensure that no ad- ditional violence or harm is inflicted on an abused parent or the parties' children. Massachusetts law governing custody decisions and studies documenting the profound impact of domestic violence on children arguably provide a basis for a rebuttable presumption against awarding child custody to an abusive parent. Under Massachusetts law, the rights of both parents to have custody of their children are equal only in the absence of misconduct.'3 Moreover, Massachu- setts law requires that the court consider whether the child's present or past liv- ing conditions adversely affect his physical, mental, moral, or emotional health.'4 Furthermore, Massachusetts law offers judges making temporary orders for shared legal custody guidance as to what might constitute misconduct or I This article is part of the continuing efforts of the Cambridge and Somerville Legal Services (CASLS) Battered Women's Legal Assistance Project to educate the bar, the judiciary and the public about the impact of domestic violence on children and the need for a rebuttable presumption against orders for care and custody of children to abusers. Attorneys Pauline Quirion, Judith Lennett, Kristin Lund and Chanda Tuck contributed to this overview of literature and arguments in favor of such a presumption. CASLS also acknowledges and thanks Amy Offenberg for her editorial and research assistance. 2 Typically, probate and family courts enter orders for child custody or visitation after parents separate. This is a particularly dangerous time because abusers often escalate the violence to coerce victims into reconciliation. In addition, battered women are most likely to be murdered by abusers after they leave the relationship or report the abuse. See Bar- bara J. Hart, State Codes on Domestic Violence: Analysis, Commentary, and Recommen- dations, 43 Juv. & FAM. Cr. J. 29, 34 (1992), and studies cited therein. I MAss. GEN. LAWS ch. 208, § 31 (1987 & Supp. 1996). 4Id.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most