Those decisions made by the court at the conclusion of litigated child custody cases are made in the best interests of the children. This goes without saying during every child custody case. However, circumstances sometimes overwhelmingly dictate the decisions in court and one factor that affects the family enough to consider almost an immediate custody order is domestic violence.
Domestic violence is becoming increasingly common nowadays. Whether this is due to an actual increase in the number of instances of domestic violence, or because family members are more likely to bring another family member to book because of domestic violence remains to be seen. Regardless, domestic violence is a sure way of ensuring that the courts choose a child carer quickly and that the perpetrator of the domestic abuse is either imprisoned or faces other penal measures in court.
As explained in our previous blog there are many different forms of domestic abuse. Not all of them count as domestic violence, but proof of a single case of domestic violence or sexual abuse, and proof of consistent emotional or economic abuse will result in criminal charges. Between two parents vying for custody of their children, caretaking duties will immediately be given to the victim (if they are in any capacity able to provide for their children).
Living with a perpetrator who has committed domestic abuse in any form is not permitted by the court. The care and custody of the child/children are made in their best interests, and there is absolutely no way of expecting a child to live under the same roof as an abuser, even if they were not the victims of these intimidating crimes.