The Revictimization of Survivors of Domestic Violence and Their Children: The Heartbreaking Unintended Consequence of Separating Children from Their Abused Parent

22 Pages Posted: 29 Mar 2022

See all articles by Jeanne Kaiser

Jeanne Kaiser

Western New England University School of Law

Caroline Foley

affiliation not provided to SSRN

Date Written: 2021

Abstract

Massachusetts law governing child custody recognizes the damaging effect that witnessing domestic violence can have on a child. Accordingly, the law requires courts to give special attention to the effects of domestic violence on a child when determining custody. An unintended consequence of this scrutiny is that parents who have been the victims of domestic violence can lose custody, or even their parental rights, for failing to protect children from witnessing their abuse. This result can be prevented by requiring courts to apply the same level of attention to the effects of domestic violence when removing a child from an abused parent as they do when placing a child with an abusive parent.

Keywords: Massachusetts, family law, child custody, domestic violence, parent

Suggested Citation

Kaiser, Jeanne and Foley, Caroline, The Revictimization of Survivors of Domestic Violence and Their Children: The Heartbreaking Unintended Consequence of Separating Children from Their Abused Parent (2021). Western New England Law Review, Vol. 43, p. 167, 2021, Available at SSRN: https://ssrn.com/abstract=4004285

Jeanne Kaiser (Contact Author)

Western New England University School of Law ( email )

1215 Wilbraham Road
Springfield, MA 01119
United States

Caroline Foley

affiliation not provided to SSRN

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
66
Abstract Views
271
Rank
613,074
PlumX Metrics