Wife Abuse and Child Custody and Visitation by the Abuser
by Kendall Segel-Evans
ENDING MEN'S VIOLENCE NEWSLETTER, Fall,
I recently read the National Organization for Changing Men's statement
on child custody, and the position taken that, in general, sole custody
by the previously most involved parent is preferable to joint custody. I
would like to elaborate on this position for families where there has
been violence between parents (i.e. woman-abuse). The following includes
the main points of a deposition I was asked to provide to a lawyer for
the mother in a child custody case. I do not believe this is the last or
best word on the subject, but I hope that it will simulate useful
dialogue about the effects on children of wife-abuse and the treatment
of wife-abusers. I also wish to further discussion on the issue of how
we are going to truly end men's violence. Clearly, I believe that the
treatment of wife-abusers should not only be held accountable to the
partner victim/survivors, but also to the children, and to the next
I would like to mention that I will speak of husbands and fathers
abusing wives and mothers, because that is the most common situation by
far, not because the reverse never happens. It also seems to be true
that when there is wife to husband violence it is usually in
self-defense and usually does not have the same dynamics or effects as
wife abuse. I will use the words violence and abuse somewhat
interchangeably, because, in my opinion, domestic violence is not just
about physical violence. Domestic violence is a pattern of physical,
sexual, economic, social and emotional violence, coercion, manipulation and mistreatment or abuse. Physical violence and the threat of
such violence is only the part of the pattern that is most visible and
makes the other parts of the pattern difficult to defend against. Once
violence is used, its threat is never forgotten. Even when the violence
is stopped by threat of legal action or by physical separation, the
coercion, manipulation and abusiveness continue (Walker and Edwall,
Accompanying this pattern of behaviors are common styles of coping or
personality characteristics - such as the tendency to blame others for
ones problems and impulsiveness - that most batterers share. Almost
every man I have worked with has a tendency to see his partner (or his
children) as responsible for his pain when he is upset. This leads to
seeing his partner (or his children) as an enemy who must be defeated
before he can feel better. This is destructive to emotional health even
when it does not lead to overt violence.
In my opinion, it would be better, in most cases, for the children of
homes where there has been domestic violence not to be in the custody of
the abusive parent at all. In many cases it is even advisable that
visitation be limited to controlled situations, such as under a
therapist's supervision during a therapy session, unless the batterer
has been in batterer's treatment and demonstrated that he has changed
significantly in specific ways. "Merely" observing ones father abuse
ones mother is in itself damaging to children. My clinical experience is
consistent with the research literature which shows that children who
witness their father beat their mother exhibit significantly greater
psychological and psychosomatic problems than children from homes
without violence (Roy, 1988). Witnessing abuse is more damaging in many
ways than actually being abused, and having both happen is very damaging
(Goodman and Rosenberg, 1987). Studies show that a high percentage (as
high as 55%) of fathers who abuse their wives also abuse their children
(Walker and Edwall, 1987). In my experience, if one includes emotional
abuses such as being hypercritical, yelling and being cruelly sarcastic,
the percentage is much higher. The damage that children suffer is
highly variable, with symptoms ranging from aggressive acting out to
extreme shyness and withdrawal, or from total school failure to
compulsive school performance. The best way to summarize all the
symptoms despite their variety is to say that they resemble what
children who suffer other trauma exhibit, and could be seen as a version
of Post Traumatic Stress Disorder (Walker and Edwall, 1987).
Equally serious is the long term effect of domestic violence -
intergenerational transmission. Children who observe their mothers being
beaten are much more likely to be violent to a partner themselves as
adults. In one study, men who observed violence towards their mother
were three times more likely to be abusive than men who had not observed
such violence (Strauss et al., 1980). The more serious the abuse
observed, the more likely the men were to repeat it. Being abused also
makes children likely to grow up to be violent, and having both happen
increases the probability even more.
How children learn to repeat the abuse they observe and experience
includes many factors. One of the more important is modeling. When they
grow up, children act like their parents did, consciously or not,
willingly or not. Several of the boys I have worked with have been
terribly conflicted about being like their father, of whom they were
afraid and ashamed. But they clearly carried parts of their father's
behavior patterns and attitudes with them. Other boys from violent homes
idealized their father, and they were more likely than the others to
beat their wives when they grew up (Caesar, 1988). Several of the men I
have worked with in group have lamented that they told themselves that
they would not beat their wives the way their mother was beaten when
they were children. But when they became adults, they found themselves
doing the same things their father did. One reason for this is that even
if the physical abuse stops, if the children still have contact with the
batterer, they are influenced by his coping styles and
personality problems. As Lenore Walker observes (Walker and Edwall,
1987, p. 138), "There is also reason for concern about children's
cognitive and emotional development when raised by a batterer who has a
paranoid-like pattern of projecting his own inadequacy and lack of
impulse-control onto others." Dr. Pagelow agrees, "It may become
desirable to avoid prolonged contact between violent fathers and their
sons until the men assume control over their own behavior and the
examples of 'manhood' they are showing to the boys who love them,
(Pagelow, 1984, p. 256). If the abusive man has not sought out domestic
violence specific treatment for his problem, there is no reason to
believe that the underlying pattern of personality and attitudes that
supported the abuse in the past have changed. There is every reason to
believe it will impact his children.
Additionally, in a society where the majority of wife-beatings do not
lead to police reports, much less to filings or convictions, it is easy
for children to perceive that abusiveness has no negative consequences.
(One study, by Dobash and Dobash, found that 98% of violent incidents
between spouses were not reported to the police [reported in Pagelow,
1984, p. 437]). Some children, seeing who has the power and guessing
what could happen to them if they opposed the power, will side with the
abuser in custody situations. Often, children will deny that the abuse
ever happened. Unfortunately, the children who side with the abuser, or
deny the abuse, are the most likely to be abusive themselves as adults.
It is very important that family court not support this by treating a
wife-beating father as if he were just as likely to be a good parent as
the woman he beat. As Gelles and Strauss point out in their book
Intimate Violence (1988), people are violent in part because they
believe they can get away with it. Public consequences are important for
preventing the intergenerational transmission of violence. Boys,
particularly, need to to see that their father's abusiveness leads to
negative, not positive results.
Lastly, I would like to point out that joint legal custody is likely to
be damaging to children when there has been spousal violence. My
experience with my clients is definitely consistent with the research
results reported by Judith Wallerstein to the American Orthopsychiatric
Association Convention in 1988. The data clearly show that joint custody
is significantly inferior to sole custody with one parent when there is
parental conflict after the divorce, in terms of the children's
emotional adjustment as well as the mother's safety. Most batterers
continue their abusiveness after the marriage, into the divorced parent
relationship, in the form of control, manipulation and harassment over
support payments, visitation times, and parenting styles. The children
are always aware of these tensions and battles, and sometimes blame the
mother for not just giving in and keeping the peace - or for being too
submissive. The batterer often puts the children right in the middle,
taking advantage of his belief that she will give in to avoid hurting
the children. The damage to the children in this kind of situation is
worse because it is ongoing, and never is allowed to be resolved or have
time to heal.
Because I work with batterers, I am sympathetic to the distress they
feel at being separated from their children for long periods of time.
However, the men who truly cared about their children for the children's
sake, and not for what the children do for their father's ego, have been
willing to do the therapeutic work necessary to change. They have been
willing to accept full responsibility for their violent behavior, and
however reluctantly, have accepted whatever restrictions on child
visitation existed for safety reasons. They have been willing to be in
therapy to deal with "their problem." They have also recognized that
they were abused as children themselves, or witnessed their mother being
abused, or both, and are willing to support interrupting the
intergenerational transmission of violence.
Kendall Segel-Evans, M.A. Marriage, Family and Child Counselor 4/15/1989
Caesar, P. Lynn., "Exposure to Violence in the Families of
Origin Among Wife Abusers and Maritally Violent Men." Violence and
Victims , Vol. 3, No. 1, Spring, 1988.
Davis, Liane V., and Carlson, Bonnie E., "Observation of Spouse Abuse -
What Happens to the Children?" Journal of Interpersonal Violence, Vol.
2, No. 3, September 1987, pp. 278-291, Sage Publications, 1987.
Dutton, Donald., The Domestic Assault of Women, Allyn and Bacon, 1988.
Gelles, Richard J. and Strauss, Murray A., Intimate Violence, Simon and
Goodman, Gail S., and Rosenberg, Mindy, S., "The Child Witness to Family
Violence: Clinical and Legal Considerations. Ch. 7, pp. 47ff. in:
Sonkin, Daniel. Ph.d., Domestic Violence on Trial, Springer, 1987.
Pagelow, Mildred Daley, Family Violence, Praeger Publications, 1984.
Roy, Maria., Children in the Crossfire, Health Communications, Inc.
Roy, Maria., The Abusive Partner, Van Nostrand, 1982.
Sonkin, Daniel. Phd., Domestic Violence on Trial, Springer, 1987.
Strauss, Murray A., et. al., Behind Closed Doors, Anchor Books, 1980.
Walker, Lenore E.A., and Edwall, Glenace E. "Domestic Violence and
Determination of Visitation and Custody in Divorce." Ch. 8, pp. 127ff.
Sonkin, Daniel. Phd. Domestic Violence on Trial, Springer, 1987.
Wallerstein, Judith., Report to the American Orthopsychiatric
Association Convention, 1988.