Violence in contact and custody proceedings-Acase of child endangerment in the family court-Where are efficient child protection measures?

Abstract

Against the background of 30years of discussion in medicine and law about unfounded accusations and the existence of reasonable suspicion of intra-family violence in contact and custody proceedings, this article emphasises the importance of focusing on child protection by all professionals.Based on acase report in connection with the Federal Ministry of Justice's handout "Dealing with violence in custody and contact proceedings", the article describes the relevance of child protection in Austrian case law and the means by which it is undermined. In the name of science, ideological diagnoses are used instead of evidence-based treatment diagnoses [1]. "Professionals from the healthcare system, youth welfare, justice and education should cooperate in child protection with the aim of recognising, identifying and ending child abuse, maltreatment and/or neglect as such (cf. §3 KKG) [2]."In legal practice, however, practitioners in the psychosocial, psychosomatic and psychotherapeutic fields are often not recognised as witnesses because of the assumption they are influenced by parents or patients themselves. In Austria, the evaluation of evidence is the responsibility of the judge and it is often assumed that practitioners cannot take an objective position towards their patients and their relatives. Specialist medical or psychological experts are therefore of crucial importance. When taking their oath, they have committed themselves to objectivity and impartiality in the recording of findings and orientation towards scientific principles and standards ("state of the art") and their application, as well as to continuous further training and education in the preparation of expert opinions [3].The specific case in question is achild with adiagnosis of post-traumatic stress disorder following suspected sexualised violence, enuresis and enkopresis in connection with the traumatic experiences.The connection between violent situations and child and adolescent psychiatric disorders and the course of the custody and contact proceedings are described. Relevant legal interests such as the will of the child, the best interests of the child, attachment tolerance and protection against violence are addressed and put up for discussion. Topics such as domestic, psychological, sexualised, institutional violence and intimate terror are presented.The case report is an example of how child psychiatrists deal with points relevant to the Federal Ministry of Justice's handbook "Dealing with violence in custody and contact proceedings", which was published in January 2024. It represents aguideline for the area of court proceedings, assessment and treatment.