Concurrent Legal Proceedings in Cases of Family Violence: The Child Protection Perspective

This paper explores the issues that arise in child protection proceedings involving family violence, where there are concurrent family and/or criminal proceedings. A particular focus is on issues in concurrent proceedings in cases involving intimate partner violence, though there is some discussion of child abuse cases, especially those involving emotional and other child abuse issues arising in the context of high-conflict separations. We discuss and compare the social and legal contexts of these different proceedings, offer analysis of both legal and professional practice concerns that concurrent proceedings create, and conclude by offering suggestions about promising practices to improve processes and outcomes for children in these challenging cases.

These cases are inevitably complex and difficult for parents, children, professionals and the justice system. While the same factual circumstances may be considered in each of the proceedings, if there are concurrent proceedings there is the potential for inconsistent and even conflicting outcomes and orders. This paper explores the complex social, institutional and legal context of these concurrent proceedings, and provides suggestions for changes that should result in more effective and efficient interventions.

This paper is written primarily from the perspective of the professionals and agencies involved in the child protection system, that is those with a responsibility for the protection of children and promotion of their best interests, and with the primary focus of improving the process and outcomes for children involved in that system. However, it is recognized that the protection of children and promotion of their interests must be balanced against other concerns. The justice system must also consider the accountability of perpetrators and the protection of rights of accused persons, and the rights and interests of parents. And in all parts of the justice system, reform is constrained by significant resource issues.