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Family Mediation in Child Custody Cases and the Concealment of Domestic Violence

Mariachiara Feresin
•
Natalina Folla
•
Simon Lapierre
•
Patrizia Romito
2018
  • journal article

Periodico
AFFILIA
Abstract
While mediation is commonly used in custody negotiation, there is no consensus regarding its applicability in domestic violence cases. The aim of this qualitative study in Italy was to explore the role of family mediation in the management of child custody in cases involving domestic violence. Semistructured interviews were conducted with lawyers (N 1⁄4 5), social workers (N 1⁄4 15), and abused women who had separated from their children’s fathers (N 1⁄4 13). Legal documents were also analyzed. The results showed that violence against women and children had often been concealed during mediation, as the professionals involved had failed to detect domestic violence or had labeled it as conflicts. Moreover, the “parental couple” had been dissociated from the “marital couple,” and the responsibility for the abuse had been attributed to both parents. As a result, women and children had been blamed and had experienced secondary victimization, while the perpetrators’ patterns of power and control had continued. The results also revealed that those professionals had not known about and had not applied the Istanbul Convention, which provides guidelines to ensure women’s and children’s safety. Recommendations highlight the need to account for the complexity of domestic violence cases, to hold perpetrators responsible for the abuse, and to support the victims.
DOI
10.1177/0886109918766659
WOS
WOS:000447561000006
Archivio
http://hdl.handle.net/11368/2924743
info:eu-repo/semantics/altIdentifier/scopus/2-s2.0-85045848723
http://journals.sagepub.com/doi/pdf/10.1177/0886109918766659
Diritti
closed access
license:copyright editore
FVG url
https://arts.units.it/request-item?handle=11368/2924743
Soggetti
  • Child custody

  • domestic violence

  • family mediation

Scopus© citazioni
5
Data di acquisizione
Jun 14, 2022
Vedi dettagli
Web of Science© citazioni
9
Data di acquisizione
Jan 25, 2024
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