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ASSESSING MUTUAL PARTNER‐ABUSE CLAIMS IN CHILD CUSTODY AND ACCESS CASES
Author(s) -
Neilson Linda C.
Publication year - 2004
Publication title -
family court review
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.171
H-Index - 4
eISSN - 1744-1617
pISSN - 1531-2445
DOI - 10.1111/j.174-1617.2004.tb00661.x
Subject(s) - context (archaeology) , child custody , power (physics) , domestic violence , psychology , child abuse , criminology , law , poison control , human factors and ergonomics , social psychology , political science , medicine , medical emergency , geography , physics , archaeology , quantum mechanics
This article explores issues associated with mutual claims of domestic violence in the context of research on gender and violence, and in the context of litigation tactics commonly employed by perpetrators in child custody and access cases. Quotations from parents involved in such cases illustrate why accurate assessment of mutual cliams requires complete information about social context and the analysis of patterns of domination, power and control in the relationship over time. Recent developments in Canadian law ought to enhance the ability of judges to take such evidence into account. The article aims to provide a lens through which to understand and assess such cases.