The differences in the psychosocial and family adaptation of a group of minors derived to the Family Meeting Point of Almeria are analyzed, also the caretaking capacity of their parents, depending on whether they come from the Gender Violence Court (GVC) or Family Court (FC) and the level of family conflict reported by the minor and parents. We studied 15 families in two groups in the divorce process, one consisting of 8 children of families from GVC and another of 7 children of the FC. When analyzing the reported family conflict, most of the children have witnessed episodes of violence at home, 75% of the GVC. 42% of children under FC would change their visitation regime. We observed statistically significant differences in terms of this conflict in family and school maladjustment. It is discussed to assess the needs of the minor considering their preferences regarding the visitation regime to decide juridically and psychologically.
Se analizan las diferencias en la adaptación psicosociofamiliar de un grupo de menores derivados al Punto de Encuentro Familiar de Almería, así como la capacidad cuidadora de sus progenitores, en función de si provienen del Juzgado violencia género (JVG) o del Juzgado Familia (JF) y del nivel de conflictividad familiar informado por el menor y progenitores. Estudiadas 15 familias en dos grupos en proceso de divorcio, uno formado por 8 menores de familias del JVG y otro de 7 menores del JF. Al analizar la conflictividad familiar informada, la mayoría de los menores han presenciado episodios de violencia en casa, el 75% del JVG. El 42% de menores del JF cambiaría su régimen de visitas. Observadas diferencias estadísticamente significativas en función de dicha conflictividad en inadaptación familiar y escolar. Se discute evaluar las necesidades del menor considerando sus preferencias respecto al régimen de visitas para decidir jurídica y psicológicamente.
The scientific literature offers few studies with a Spanish sample of the influence of conflictive divorce in the minor. However, studies such as
Most families immersed in processes of separation or contentious divorce, in short, processes that involve important vital crises, manifest a high degree of discrepancies, accusations and mutual recriminations that sometimes occur in the presence of the minor, which produces moments of Family emotional stress and even conflict. Obviously, when the family conflict becomes maltreatment, the problem is exacerbated, and there are less and less doubts that the lesser witnesses of gender violence also suffer the consequences of such abuse (
At a long-term international level, studies have been showing the adverse effects of gender-based violence on the psychological development of minors, such as the appearance of internalized and externalized disorders, difficulties in social relations, aggressive behavior, problems of adaptation and school performance, etc. (
In Spain, some studies (
In the same sense, other studies indicate that the lowest witnesses of gender violence present more emotional and behavioral problems, symptoms of trauma, a higher probability of showing violent behaviors as well as suffering. This suggests this population (estimated at approximately 188,000 in Spain) to be considered as indirect victims of gender violence and the need to consider interventions tailored to their needs (
Motivated by the data presented in these and other studies that show that acts of gender violence generate harmful consequences also in children, in our country,
However, although legislative reform is essential since it opens a door for child protection decisions that can be decisive in order to avoid and prevent very important problems, much remains to be done. Specifically, it would be necessary to have prior expert assessments that could advise Judges on the most timely decisions to be taken in each case depending on whether or not the child has witnessed or not family dispute independently to the existence of indictment for gender-based violence. It is well known that family dispute and/or mistreatment can occur without even a prior complaint and, of course, without judgment. In other words, protection of the child may also be necessary in cases where there is no indictment (nor complaint) of gender-based violence. Such assessments of the existence of family conflict, taking into account the views of the child, could improve decisions regarding when it would be appropriate to take measures to protect the child against the accused of gender violence. For example, when the best interest of the child would requires it, regime and parental authority should be suspended , even in cases where there is an indictment for gender-based violence. On the contrary, visitation regime should be facilitated with the accused supervised in the FMP when there are no indicators of victimization in the minor, nor risk.
The Family Meeting Point (FMP) is a community resource focused on those situations of family separation that, due to their conflict, require an objective and neutral intervention. this resource guarantees the safety and well-being of the child as well as that defends the prior interest of this one to maintain the fundamental right to relate to both parents after separation or divorce (
The
participants of the study were the beneficiary families of the FMP of Almería,
a service from the Junta de Andalucía is a resource to protect women and
children victims of gender violence. The sample has been divided into two
groups. On the one hand, the families derived from the GVC and on the other
hand, the derivatives from the FC. The sex distribution was 6 boys and 9 girls
ranging between 8 and 14 years of age, with a mean of 9.7 years. Of the 15
cases studied, except in three, custody is the mother (all from the FC).
The sample of the GVC group consisted of 16 parents with a mean age of 34.88 (S.D = 6.44, range = 26 to 45 years). The sample of parents that came from the FC had a mean age of 43.79 (S.D = 5.64, range = 38 to 55 years). Table 2 shows the mean, standard deviation and range of the progenitors of both groups.
The evaluation protocol composed by a semi-structured interview and the application of standardized instruments to explore each member of the family individually is described below.
TAMAI. (
CUIDA. (
Minor users of FMP of Almería were selected who met the required age, between 8 and 14 years and who accepted the participation. Twenty-seven families who were eligible for the study were selected. 12 of whom declined to cooperate with the study when informed. First, the individual parents contacted each parent inviting them to participate in the study and make an appointment. Once mentioned, each family that participated in the study was informed of an informed consent that both parents must sign where they agreed to conduct an individual interview and complete the questionnaires and at the same time allowed the child to do the same. The interviews were conducted individually at the FMP facility and had one hour for the parents and about 45 minutes for the child. The study was divided into two groups, on the one hand, group 1 composed of 8 minors and their progenitors derived by the GVC and group 2, which was composed of 7 minors and their families whose origin was the FC due to submerging in a divorce process. The same evaluator interviewed all participants.
In order to estimate the possible dependence between the GVC vs. FC group as a function of the reported family conflict, a Chi-Squared test was performed for independent samples, estimating the coefficient
On the other hand, we analyzed the possible statistically significant differences in the scores obtained between the TAMAI and the CUIDA subscales according to the court of provenance and according to the reported family dispute, a Mann-Whitney
All analyses were performed with the SPSS program, version 21 (
The degree of the family dispute of each child was analyzed, establishing two degrees of family dispute (see section variables and instruments). Based on their responses to the interview on this aspect, it was observed that independently of the group (GVC vs. FC) to which 60% of the children studied belonged; they had witnessed some episode of violence between their parents. Although, the high level of conflict is more significant in the GVC group (75%) than in the FC group (42.9%), this difference is not statistically significant (Chi Square = 1.6;
Regarding the results derived from TAMAI, in our sample there were no statistically significant differences between the subscales of this test and the group to which the children belonged (GVC vs. FC). However, when analyzed in terms of family conflict, there were statistically significant differences in two of the TAMAI subscales (family and school maladjustment). The medians of family maladjustment in the groups of low family conflict are 2.5, compared to the high that is 3.5 (
Regarding the perspective of the child on their own visitation regime (table 3), 75% of the children in the GVC group would change it; and of these, 50% to be less time to his father. In the same way, in the three cases that would change the visits regime (42.9%) of the children in the FC group would do so to spend less time with their non-custodial parent, one of them the mother.
NCP: Noncustodial parent VR:
Visitation Regimen
Family dispute appears in 60% of the families evaluated, although this is greater in the group that comes from the GVC (75% of our sample). However, in relation to the court of origin, there are no significant differences in the child's adjustment (measured through TAMAI) or in the caregiving capacity of their families (measured from CUIDA). In this sense, it seems that the most predictive independent variable is not the court of provenance but the level of conflict reported by the minors. This can be explained by the fact that many cases of gender violence are not reported and, on many occasions, violence against women and family conflict tends to be solved more by divorce than by denunciation. Thus, conflict and violence of gender or family also occurs in cases not reported, children who have witnessed the conflict of their parents feel less satisfied with their family and have greater problems of school adaptation, as can be seen from the differences found in the TAMAI subscales. On this idea, there are already studies that provide data on the effect of the child's exposure to family violence, both at academic and interpersonal level (
When analyzing the child's perspective on his visitation regime with the non-custodial parent, 75% of the GVC children and 42% of the FC group would change it. It is important to emphasize that 50% of the children who would like to change their visitation regime would do so to spend less time with their father, which seems to indicate how it affects the perspective of the child regarding the reported conflict to their decision making on their desire to spend more or less time with his father. It should be emphasized that another result of this study is that parents categorized as highly conflictive have more problems in establishing attachment bonds with their children, as can be seen from the results obtained with the CUIDA instrument.
The fact that exposure to violence or domestic conflict clearly increases the risk of presenting significant psychological problems, even in minors (in addition to the consequences it causes in women) justifies the design of specific evaluative tools that allow early detection of these situations. These evaluative tools’ objective is to prevent and/or alleviate such problems, as well as to assist the counseling of Judges and Magistrates, regardless of whether there is an accusation for gender abuse since conflict and domestic violence is also frequently present in cases that come from the Family Court. Such evaluation protocols could help advise the judge in which cases the existence of family conflict advise to determine measures to protect the child against the parent accused of gender violence. Also when, despite such an accusation, the non-existence of family conflict witnessed by the minor and his desire to continue to interact with his non-custodial parent would advise a supervised visitation regime, guaranteeing the right to interact with both parents. In the same vein, such evaluations would also be essential to make more informed decisions regarding the supervision of the visitation regime in those families with indicators of a high family dispute, although this has not been officially denounced.
It is necessary to emphasize the importance of taking into account the perspective of the child in the experience of family mistreatment, few studies on this subject that include the information of the minor in its evaluative protocols and, however, this information, well extracted and interpreted, can be maximally relevant (
It is obvious to indicate the limitations of the results of this work, its exploratory nature, the limited fieldwork time (9 months) and the small size of the sample, due to the latter, partly due to the low willingness of users to collaborate in the project. Study as informing them that this research neither favors nor harm their conditions in the FMP chose not to participate. Therefore, it is necessary to indicate for the generalization of these results to replicate this work with a larger sample.
To the parents and minors of the PEF of Almeria, as well as the whole professional team for their participation and implication on this study, without them this article were not possible.
This research was partially developed on the frame of the financed Project I+D+i “Análisis Jurídico y Cuantitativo de la Violencia en la Infancia y Adolescencia: Propuestas de Intervención Socio-Legal subvencionado por MINECO (DER2014-58084-R)” and for the Project “Emple@ Joven I+D+i” (2015) of the Consejería de Economía, Innovación, Ciencia y Empleo of the Junta de Andalucía in cooperation with COVID S.C.A.
Research article.