Preface
Introduction
1. A Great Judicial Fallacy
2. Defining The Problem - Representing a Battered Woman in
Divorce
3. Memory
4. Language is Important to Victims
5. Understanding The Impact of Violence on Children
6. The Attorney-Client Interview: Its importance and
implications
7. Pleading The Case
8. The Litigation Continued
9. Using and Choosing Experts
10. Developing Strategies
11. Family Courts Must Demand Science
12. The "Best Interest" Standard vs. Standard to Assure Child
Safety
13. The Intersection of Forensic Opinion and Therapist
Testimony
14. Custody Evaluations, Therapy Child Protection and Ethics
15. Mental Health Professionals Take Risks When Evaluating
Children
16. Domestic Abuse and Child Protection: Is What We Are Doing
Working?
17. Conclusion: An Open Letter to a Young Lawyer: A Critical Look
at the Child Custody System and What Every Mental Health Person
Should know about Lawyers
18. Kids Grow Up
References and Suggested Readings
Index
Toby Kleinman, JD, is a New Jersey attorney and a partner in the
law firm of Adler & Kleinman. She has litigated domestic violence,
child custody and abuse cases and has been a consultant in legal
cases dealing with domestic violence and child abuse in over 45
states.
Daniel Pollack, JD, MSW, is Professor in the School of Social Work
at Yeshiva University. He has been an expert witness in more than
25 states. Case subject matter includes child abuse and neglect,
and abuse and wrongful death of children in foster care,
residential care, and day care.
"In this courageous expose of the family court legal arena, Toby
Kleinman and Daniel
Pollack combine their decades of study and practice to craft a
powerful book, one that
provides cutting-edge, authoritative guidance to lawyers
representing battered women
in child custody litigation involving an abusive ex-partner.
Equally important as its sage
legal advice is its profound validation of the harrowing
experiences facing battered women
forced to navigate a hostile legal landscape as they try to protect
themselves and their
children. The book is a must-read for legal and other professionals
involved in these cases,
and it ought to be given as a gift to every woman facing child
custody litigation." --Mo Therese Hannah, PhD, Professor of
Psychology, Siena College; Licensed Psychologist
"Toby Kleinman and Daniel Pollack have provided THE roadmap in
litigating childcustody
cases where domestic violence is present! Their book - particularly
their
explanation of the 'Great Judicial Fallacy' - should be required
reading for all who are
engaged in the judicial process involving these cases: lawyers,
mental-health professionals, custody evaluators, and especially
judges. If you are one of those professionals, then do
yourself - and the children you are charged to help protect - a
favor and read this book!" --Paul Griffin, JD, Legal Director,
Child Justice, Inc.
"Toby Kleinman and Daniel Pollack have given us the missing piece
of the puzzle for child
custody cases in the U.S. Courts. Calling out the lack of
protection for children, especially
for those subjected to homes where domestic violence reigns, they
provide desperately
needed strategies to protect them. No one, not a professional nor a
consumer, should step
one foot into family court without reading this fantastic book."
--Lenore Walker, EdD, MS, Professor, College of Psychology, Nova
Southeastern University
"Toby Kleinman is a leading expert on representing abused parents
and children in custody
litigation. This book clearly and eloquently explains the realities
of custody litigation and
translates what some have called the 'oz-like' quality of such
cases into terms anyone can
understand. Most importantly, she conveys the ways abuse in the
family impacts every
family member and, most of all, court personnel, who need to know
what is in this book
in order to avoid being snowed into not protecting at-risk
children." --Joan S. Meier, JD, Professor of Clinical Law, George
Washington University Law School; Founder and Legal Director
Domestic Violence Legal Empowerment and Appeals Project (DV
LEAP)
"For family law attorneys, this book offers a glimpse of how
important their work can be. It also explains why domestic abuse
survivors leaving this family dynamic need to be treated with
sensitivity, patience, and understanding. This book is a must-read
for those in the mental health field working with domestic abuse
survivors engaged in family court matters, and for attorneys
practicing in, or wanting to practice in, family law." --CHOICE
"Domestic Abuse, Child Custody, and Visitation shouts collaboration
and consultation from beginning to end....Within the contents f
this book lie realistic insights into the relationship cycle via
victim chronology, cycle of violence, and power and control wheels.
The textbook clearly demonstrates...the necessity of relationship
enhancement between social workers, attorney,s judges, and the
court system."
-The New Social Worker
"This book covers the legal and psychological factors regarding
domestic abuse survivors leaving the abusive relationship.... [It]
is a must-read for those in the mental health field working with
domestic abuse survivors engaged in family court matters, and for
attorneys practicing in, or wanting to practice in, family
law."
-CHOICE
![]() |
Ask a Question About this Product More... |
![]() |