Women who sustain brain injuries from intimate partner violence are at risk of having their diagnosis used against them in court disputes about parenting, according to a new study.
A study from British Columbia researchers sheds new light on how women surviving intimate partner violence are discriminated against in the legal system.
But systemic discrimination against women in the family law system and gaps recognizing these brain injuries mean a diagnosis introduced to support abuse allegations can be used against women who have survived violence in parenting disputes. Scrutinized in women, but dismissed in men The study, published in the Journal of Law and Biosciences, interviewed 12 family lawyers in B.C. and Ontario to examine how a hypothetical client’s brain injury diagnosis would impact their legal strategies if they represented her or the alleged abuser in a parenting dispute.
And as the alleged abuser’s lawyer, the lawyers said they would likely use the records to argue her capacity to parent was diminished. Despite confidentiality laws for doctor-patient relationships, it can be violated if a judge deems the information to be important to determining the best interest of the child.
The BC Court of Appeal recently heard an Indigenous mother’s legal challenge to social workers’ expansive rights to access medical and mental health records of parents they investigate.
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