Domestic Violence, Child Custody, and Child Protection: Understanding Judicial Resistance and Imagining the Solutions, A.U. J. Gender, Soc. Pol. & the Law, 11:2 (2003), 657-731, p. 662, n. 19, and Appendix.
Meier, Joan. Domestic Violence, Child Custody, and Child Protection: Understanding Judicial Resistance and Imagining the Solutions, A.U. J. Gender, Soc. Pol. & the Law, 11:2 (2003), 657-731, p. 662, n. 19, and Appendix.
Joan Meier surveyed the 2001 case law and identified 38 appellate state court decisions concerning custody and domestic violence. She found that 36 of the 38 trial courts had awarded joint or sole custody to alleged and adjudicated batterers. Two-thirds of these decisions were reversed on appeal.These cases included a case in which the perpetrator had been repeatedly convicted of domestic assault (In re Custody of Zia, 736 N.E. 2d 449 [Mass. App. Ct. 2000]); in which a father was given sole custody of a16-month old despite his undisputed choking of the mother resulting in her hospitalization and his arrest (Kent v. Green, 701 So. 2d 4 [Ala. Civ. App. 1996]); in which the father had broken the mother's collarbone (Couch v. Couch, 978 S.W.2d 505 [Mo. App. 1998]); had committed "occasional incidents of violence" Simmons v. Simmons, 649 So. 2d 799, 802 [La. App. Ct. 1995]); and had committed two admitted assaults (Hamilton v. Hamilton, 886 S.W.2d 711, 715 [Mo. App. 1994]) . More such instances can be found in the article.
http://www.leadershipcouncil.org/1/pas/dv.html
Joan Meier surveyed the 2001 case law and identified 38 appellate state court decisions concerning custody and domestic violence. She found that 36 of the 38 trial courts had awarded joint or sole custody to alleged and adjudicated batterers. Two-thirds of these decisions were reversed on appeal.These cases included a case in which the perpetrator had been repeatedly convicted of domestic assault (In re Custody of Zia, 736 N.E. 2d 449 [Mass. App. Ct. 2000]); in which a father was given sole custody of a16-month old despite his undisputed choking of the mother resulting in her hospitalization and his arrest (Kent v. Green, 701 So. 2d 4 [Ala. Civ. App. 1996]); in which the father had broken the mother's collarbone (Couch v. Couch, 978 S.W.2d 505 [Mo. App. 1998]); had committed "occasional incidents of violence" Simmons v. Simmons, 649 So. 2d 799, 802 [La. App. Ct. 1995]); and had committed two admitted assaults (Hamilton v. Hamilton, 886 S.W.2d 711, 715 [Mo. App. 1994]) . More such instances can be found in the article.
http://www.leadershipcouncil.org/1/pas/dv.html
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