Children In Parental Domestic Violence Cases: A Case Study Of The Rotterdam Court's Approach.

• In Event: Understanding Criminal Proceedings

Abstract

Domestic violence (DV) is increasingly considered a legal issue, particularly as such cases often involve children. However, children exposed to interparental violence are often overlooked as victims. The Court of Rotterdam, the Netherlands, has implemented a new approach to DV cases. This consists of “thematic hearings”, where criminal DV cases are heard, and “combined hearings”, where civil matters and criminal DV cases concerning one family are handled by the same judge. This study focuses on the extent and ways the Rotterdam DV approach addresses children exposed to interparental violence. Additionally, it explores the extent to which the Rotterdam DV approach can be regarded as a Dutch adaptation of the problem-solving Domestic Violence Court-movement, as seen in countries such as the United States and Canada. The findings reveal that, although these children are not formally recognized as parties in the criminal proceedings of their parents, their situations are discussed relatively extensively during hearings. The discretionary authority exercised by the judge as well as greater time and emphasis on addressing the underlying issues of DV and the broader circumstances of the family, allows for this consideration. Although there is still room for improvement, it can be regarded as a promising development.

Authors

• Nina Eggens, Leiden University

• Janne van Doorn, Leiden University

• Mariëlle Bruning, Leiden University

• Maarten Kunst, Leiden University