subject: Legal Steps To Take When Violence Includes Children [print this page] Legal protection, much like that available to adults, is also available to children in the midst of divorce custody proceedings. These include Restraining Orders or Orders of Protection. Parents must recognize that, should there be a need, it is their responsibility to safeguard the childs welfare and apply for these protective orders. The process for acquiring a restraining order for a child is the same as if would be for an adult.
Because divorce custody proceedings can be so explosive, it is important to be alert to the possibility of child abuse. If such abuse is suspected, it is imperative that it is immediately reported to both the local police department and the childs pediatrician. This is important not only for the health of the child but also for legal protection.
Every state in the country requires that parents, whether they are in the throes of a divorce custody battle or not, protect their children; therefore, parents are bound by law as well as moral obligation to report abuse, or suspected abuse, to the appropriate authorities and seek medical treatment for the child. Anything short of this protocol runs the risk of being considered child abuse or neglect, both of which carry legal ramifications.
The same holds true for teachers, daycare providers and pediatricians all of these professions are required by law to report any suspicion of neglect or abuse of a child. Parents should also remember that if they fail to care for and protect their children from harm, they may lose custody altogether. The children may wind up as wards of the state and be placed under its protective care or in the foster care system.
Should Any Child Involved in a Violent Family be forbidden to see the Offending Parent?
During divorce custody proceedings, the court has the authority to order visitation, even with an abusive or threatening parent; however, this is generally not implemented until a comprehensive family study is performed by a neutral psychological evaluator or a representative of the family relations office. (This topic is addressed in greater detail in Chapter 9.)
Once the family evaluation is completed, and, depending on its findings, the court may still order visitation. But the decision of the court will always be based on the welfare of the child, ensuring that s/he is never placed at risk of danger or abuse.
If the court decides that a child should, in fact, visit a parent during divorce custody proceedings, even if the parent has exhibited violent actions or tendencies, it can implement a variety of motions which will safeguard the child. If visits are to take place, it is prudent to insist that they are supervised, thus lessening the childs risk for danger. Click here for another article on violence, children and divorce.
Excerpted from Your Divorce Advisor: A Lawyer and a Psychologist Guide You Through the Legal and Emotional Landscape of Divorce (Simon & Schuster/Fireside 2001). For more information: www.yourdivorceadvisor.com
by: peace talks
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