Domestic Violence and Custody Proceedings: An Analysis of Judicial Decisions in Portugal.
Purpose: To understand court decisions in custody cases involving allegations of domestic violence, a qualitative study was conducted among Portuguese family court magistrates. Methods: A nonprobabilistic snowball sampling process, which involved six judges from Portuguese family courts who were aut...
| Publicado en: | Journal of Family Violence Vol. 41; no. 1; pp. 195 - 208 |
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| Autores principales: | , |
| Formato: | Artículo |
| Publicado: |
Springer Nature
Jan2026
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| Acceso en línea: | Ver este registro en EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=191134705&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 191134705 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 08857482 JVI jtl: Journal of Family Violence issn: 08857482 maglogo: N pubinfo: dt: Jan2026 vid: 41 iid: 1 pid: 237 pub: Springer Nature artinfo: ui: 191134705 10.1007/s10896-024-00739-3 ppf: 195 ppct: 13 formats: tig: atl: Domestic Violence and Custody Proceedings: An Analysis of Judicial Decisions in Portugal. aug: au: Ferreira, Ana Rita Sani, Ana Isabel affil: https://ror.org/04h8e7606 University Fernando Pessoa (UFP), Praça 9 de Abril 349, 4249-004, Porto, Portugal https://ror.org/037wpkx04 Research Centre On Child Studies (CIEC), University of Minho, Braga, Portugal su: Portugal Custody of children Cross-sectional method Qualitative research Interviewing Decision making Courts Sound recordings Domestic violence Communication Deception Psychology of parents Criminal justice system Risk assessment Research funding Statistical sampling Portuguese people Thematic analysis Research methodology Data analysis software sug: subj: Custody of children Cross-sectional method Qualitative research Interviewing Decision making Courts Sound recordings Domestic violence Communication Deception Psychology of parents Criminal justice system Portugal Courts Other Justice, Public Order, and Safety Activities Marketing Research and Public Opinion Polling Integrated Record Production/Distribution Sound recording merchant wholesalers Record Production Risk assessment Research funding Statistical sampling Portuguese people Thematic analysis Research methodology Data analysis software keyword: Children Court Custody Judicial decision Law and Legal Studies Law Medical and Health Sciences Public Health and Health Services Children Court Custody Judicial decision Law and Legal Studies Law Medical and Health Sciences Public Health and Health Services ab: Purpose: To understand court decisions in custody cases involving allegations of domestic violence, a qualitative study was conducted among Portuguese family court magistrates. Methods: A nonprobabilistic snowball sampling process, which involved six judges from Portuguese family courts who were authorized by the Superior Magistrate's Court to participate in an interview, was used to construct the sample. Results: When the data were analyzed, three main themes emerged, namely, the characteristics of the processes, the factors considered in the judicial decisions, and the impact of shared custody. The results also revealed several legal and extralegal aspects that influence judicial decisions, such as the characteristics of the violence, the mediation process, and the status attributed to victims, suggesting that there are objective and subjective factors in the perpetuation of violence. Conclusions: Allegations of domestic violence in custody proceedings are not uncommon, and these allegations can complicate the process and delay a decision. Efforts by one parent to restrict contact with the other parent raise suspicions of attempted alienation that tend to undermine the risk assessment. There can also be overreliance on shared custody, potentially undermining children's safety. The negative impacts of exposure to domestic violence and the instrumentalization of children are recognized, but it is questionable whether they are being prevented to the extent advocated by the Istanbul Convention. The effectiveness of communication between criminal and family courts is also debatable, despite its importance for protecting victims. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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