Several studies show that children are massively affected by violence within families, particularly between parents. These studies refer to the experience of physical and psychological violence by the father against the mother. According to these studies, there is a close link between witnessing violence by the father against the mother and the further development of children and adolescents into adulthood. Consequently, there are also close links to becoming a victim or perpetrator in adulthood. Furthermore, illnesses and massive impairments in adulthood, particularly in the psychological sphere, can be observed which are attributable to childhood experiences. For example, a longitudinal study from New Zealand concluded that, in relation to depression, the level of illness among adults who previously experienced violence by the father against the mother is four times higher than the level for those who witnessed domestic violence more than twice (cf. Fergusson\/ Horwood, 1998). <\/p>\n\n
In its practical work, the Federal Association for Domestic Violence Perpetrator Work (BAG T\u00e4terarbeit H\u00e4usliche Gewalt) observes that violence by the father against the mother is insufficiently considered, or not considered at all, when regulating contact and access. A distinction between the violence perpetrated and the previous non-violent relationship is not adequately addressed here. Individual solutions tailored to the specific case do not seem to be provided for. <\/p>\n\n
It is often overlooked that witnessing violence in domestic relationships constitutes a threat to the child’s welfare within the meaning of Section 8a of the Child and Youth Welfare Act (KJHG). <\/p>\n\n
The reform of child custody and access law should introduce a clear regulation\/stance regarding contact arrangements in cases where violence by the father against the mother has actually been observed. From the perspective of the Federal Association for Perpetrator Work, supervised contact should initially be provided on a case-by-case basis, in conjunction with a requirement to attend counselling at a specialist domestic violence perpetrator work facility as a support measure for the father. The perpetrator work facility then decides individually which setting can be provided for the man, so that he places the child’s interests at the centre of his thinking. Likewise, for fathers who have perpetrated violence not only against their partner but also or exclusively against their children, a special counselling programme must be implemented as part of an initial supervised contact arrangement. This is the only way to develop a future-oriented contact arrangement for fathers who have perpetrated violence. It should be noted that it is important to convey that fathers should view the counselling or intervention offer as a form of help. <\/p>\n\n
The Federal Association for Domestic Violence Perpetrator Work therefore suggests incorporating a clear and unmistakable regulation into the reform of child custody and access law, so that, in addition to supervised contact, the use of a counselling service also becomes mandatory. <\/p>\n\n