“Trend of family court dismisses history of domestic violence and abuse in detention cases, especially when mothers and/or children make credible allegations Domestic abuse, including coercive control, physical or sexual abuse is unacceptable,” said Reem AlsalemUN Special Rapporteur on Violence against Women, in a report arrive Dong Nhan Quyen Association in Geneva on Thursday.
A history of intimate partner violence against women is often ignored in family courts, and joint custody or parental rights are considered default judgments, regardless of the child’s point of view.
“When custody decisions are made in favor of a parent claiming to be shunned without fully considering the child’s point of viewThe resilience of the child involved may be impaired.
“The child can also continue exposure to long-term harm,” said Ms. Alsalem. She also points to the failure of child custody processes to use child-sensitive approaches that focus on the best interests of children.
More difficult for ethnic minority women
The report highlights that minority women face other barriers when accused of using “parental alienation” partly due to increased barriers to access to justice as well as negative stereotypes.
Parental alienation is defined as a situation when a child refuses to have a relationship with one parent, due to manipulation or deception by the other parent.
In some family court systems, such as in the state justice system in the United States, some mental health professionals consider parental alienation a form of emotional abuse of a child. .
The independent expert’s report argues that the use of the term is unfounded and unscientific, highly sexist.
Although it was invoked against both parents, it was mainly used against mothers, the report said, with the woman accused of turning her back on the father of the children. .
Consequences of biased guardianship decisions can be harmful and irreversible Experts say with those involved leads to continued violence before and after separation.
‘Pseudo-concept’
Despite these dire consequences, “parental alienation” and related counterfeit concepts are incorporated and validated in legal systems in various jurisdictions, including between assessors tasked with reporting to the family court in the best interests of the child.
Ms. Alsalem’s report also provides recommendations for States and other stakeholders to reverse the long-term harm caused to individuals, families and society.
She said the international community needs to develop a greater “collective conscience” when considering the human rights dimension of multi-layered violence experienced by many mothers and children using the family court system. family.
“The protection of women and children from violence, being victim-centered and the best interests of children must take precedence over all other criteria when setting up custody and visitation agreements,” she said.
Special Rapporteur and other UNs Rights experts appointed by the Human Rights Councilwork on a voluntary and unpaid basis, are not employees of the United Nations and work independently of any government or organization.
