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Do Judges Adequately Address the Causes and Impact of Violence in Children’s Lives in Deciding Contested Child Custody Cases?  

Author:  Hon Thomas E.  Hornsby, J.D. .

Source: Volume 04, Number 03, Winter 2012 , pp.209-246(38)

Family & Intimate Partner Violence Quarterly

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Retired circuit court judge Thomas Hornsby, J.D., takes the unusual step of training a critical eye on the decisionmaking processes and outcomes used by his fellow jurists in adjudicating cases involving domestic violence. Rather than claim flawlessness in his own rulings, Judge Hornsby begins by citing a case that revealed to him his own biases, misunderstandings, and misperceptions about batterers and their victims. He then goes on to illuminate the pertinent factors that lead so many judges to make decisions resulting in potentially disastrous outcomes. Judge Hornsby goes on to outline typical fact patterns found in custody cases involving DV. Finally, he offers numerous well-founded recommendations for improving the ethical practices and the accuracy of decision-making by judges and other legal officials.

Keywords: Illinois v. Machen; Best Interests Standard; Presumption of Detriment; Child\\\\\\\'s Preference

Affiliations:  .

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