Het besluitvormingsproces van civiele rechters in procedures over de gevolgen van een (echt)scheiding met een beschuldiging van seksueel kindermisbruik

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Abstract

This study aims to provide insight into allegations of child sexual abuse in the context of divorce, and related, proceedings by analyzing the decision-making process of civil judges. To this aim, interviews with 13 judges and 11 lawyers were conducted and a focus group was organized with different specialists. It is concluded that in the eyes of the judges, allegations of child sexual abuse in this context are not rare, and some of the professionals signal an increase of allegations in the last decade. The presence of an allegation poses a dual issue: it points out problems within the family, as well as causes problems for the child. This dual nature makes it even more complex for judges to make decisions, especially concerning contact between father and child. The validity of the allegation becomes less important than its presence when judges consider the children’s best interests. The judges’ aim to create conditions for the family within which the child’s safety is best protected, can as an unwanted consequence delay the process, which in itself can be damaging for the child.
Original languageDutch
Pages (from-to)29-50
Number of pages22
JournalRecht der werkelijkheid
Volume38
Issue number2
DOIs
Publication statusPublished - 2017

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