P3.054: It's More Than "Just A Custody Dispute..": Addressing Child Abuse in the Family Court System

Background: Child claims of abuse by a parent may go unheard by the family court system (FCS), and custody decisions may put children at risk of continued abuse and trauma. This study aims to compare the Adverse Childhood Experiences (ACEs) and Positive Childhood Experiences (PCEs) of adults whose parents divorced in their childhood with and without custody disputes (CD), and assess the family court experience for those involved in CD.

Methods: Adults who experienced parental divorce in their childhood, with and without CD, were surveyed online via REDCap. The survey was distributed through social media platforms and email. ACEs, PCEs, and parental abuse exposure were asked to both groups. Those in the CD group were inquired about their FCS experiences. Descriptive statistics and comparative analysis using medians, Pearson's Chi-squared, Fisher's exact, Wilcoxon rank sum tests, and false discovery rate correction were performed.

Results: There were 153 participants, including 96 CD (62.7%) and 57 non-custody dispute (NCD) (37.3%) groups. (Table 1) Median age was 39 years, and the majority identified as white (88%) and female (82%). The CD group reported more ACEs than NCD group [CD=5.5(4,7),NCD=5(2,7);p=0.033] and equal PCEs [CD=4(2,5),NCD=4(3,6),p=0.196].

The CD group was significantly more likely to report that a parent physically, sexually, or emotionally abused them [CD=84%,NCD=58%;p= < 0.001], neglected them [CD=63%, NCD=42%;p=0.014], and/or committed domestic violence [CD=61%,NCD=39%;p=0.006]. Additionally, CD participants reported they were more likely to be forced to live with or visit their abusive parent [CD=93%(83/89),NCD=59%(24/41);p= < 0.001], and the majority reported that the court system is who required this [CD=83%(71/86),p= < 0.001]. Most children who were required to attend reunification therapy programs reported it was with an abusive parent [CD= 88%(15/17)]. The majority in the CD group reported having been threatened, limited or prohibited from living with or visiting a parent they felt safe with [CD=69%(60/87),NCD=18%(7/39);p= < 0.001].

Most CD participants reported the court made custody or visitation decisions they were unhappy with (74%), and did not feel heard (74%) or protected (78%) by the FCS. (Table 2) Many reported they lacked trust in the FCS (79%) or felt that the FCS did not have their best interest in mind (77%). Participants reported they felt traumatized by the FCS (75%) and a significant number who had suicidal ideations was due to the custody dispute [CD=40%(25/63)] and court system [CD=38%(24/63)].

Conclusion: Children involved in custody disputes represent a population at risk of higher ACEs, including having an abusive parent or witnessing domestic violence. This study suggests that custody decisions can be improved to limit re-traumatization of victims in the FCS and protect children from further abuse. Pediatricians and legal professionals should advocate for the FCS to respond to child reports of abuse and neglect, and safeguard the child’s best interest in custody disputes.