Most alarmingly, the results revealed that when domestic violence is brought up as an issue during mediation, the victim of domestic violence and her children received no more protections, and sometimes even fewer, than cases in which domestic violence was neither noted nor discussed. This leads to the conclusion that victims of domestic violence who are mandated to child custody mediation would be better served to remain silent about their victimization.
The authors conclude that mandatory custody mediation disadvantages women who are victims of domestic violence and places their children in continued peril. Recommendations include the use of an opt-out provision for domestic violence in States where mandatory custody mediation is utilized.
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