A Double Blow in Child Custody and Guardianship Cases

Coercive Control and Medical Negligence: A Double Blow in Child Custody and Guardianship Cases

When courts make decisions in child custody and guardianship disputes, their guiding principle should always be “the best interest of the child or individual.” But what happens when one parent is trapped in a controlling relationship that causes both emotional trauma and medical neglect? Coercive control, an insidious and pervasive form of abuse, can have devastating effects on both the adult victim and their children whether endured or witnessed. When combined with medical negligence, the impact on the child’s or individual with disabilities safety and well-being becomes even more profound, and the need for judicial awareness and intervention is urgent.

What is Coercive Control and Medical Negligence?

Coercive control is a deliberate pattern of behavior used by one individual to dominate, manipulate, and control another. This can include emotional, psychological, physical, sexual, and economic abuse, along with threats, intimidation, stalking, and isolating the victim from their support networks. But in some cases, the scope of coercive control extends into areas like medical negligence, where a controlling partner or parent deliberately withholds necessary medical care, medications, or treatment from the victim or their children or family members. Which can cause significant damage in one’s health.

Medical negligence in these situations might include refusal to take a child/individual to the doctor when they are seriously ill, denying access to life-saving medications, or consistently minimizing or dismissing the severity of health issues or they are in complete denial of medical conditions. This could also involve intentionally neglecting a child’s medical needs or preventing the victimized parent from seeking care. This type of abuse is especially dangerous because it compounds the physical and emotional harm inflicted, placing children/individuals with disabilities at even greater risk. It comes down to the parent or guardian who uses Coercive Control tactics and lacks judgment or has “faulty judgment” for the child’s or individual with disabilities best interests for their health, safety, and well-being.

The Impact on Children and Individuals with Disabilities: A Lifetime of Trauma

Coercive control, especially when paired with medical negligence, can leave children or individuals with disabilities psychologically and physically scarred. The effects of this type of abuse can vary, but many children and individuals with disabilities experience deep anxiety, depression, attachment issues, and difficulty trusting others. They may become accustomed to living in a constant state of fear, unable to seek help or voice concerns about their well-being.

In cases where medical neglect is involved, children and individuals with disabilities suffer not only from emotional and psychological trauma but also from physical harm. Delaying or denying medical care can lead to chronic illnesses, developmental delays, and in some cases, irreversible damage. When a controlling parent refuses to allow a child to receive necessary treatment, the consequences are often catastrophic.

The victimized parent may struggle to protect their child or family member from this abuse, especially if they are under the power of a manipulative partner who controls family resources and decision-making. The psychological toll on the parent, compounded by their inability to advocate for their child’s or family member’s health, creates an even more dangerous environment. The victimized parent may also fear retribution from the abuser if they seek help or go against their wishes, which can create a silence around the medical neglect that’s occurring.

In many of these cases we see that victimized parent is often accused of Munchhausen. Which is used against the safe parent as another form of abuse towards both the safe parent and the child or family member as a means of Coercive Control and Medical Negligence. This is most times used by the abusive parent by submitting frivolous motions and using abuse litigation through the court. Another words when the abusive party uses legal actions that are intended to harass, delay, or embarrass the opposition. Which will usually make more time lapse instead of addressing the real serious issues at hand for the best interest of the child or individual. It can make the process painful if the child or individual is in dire need of medical care.

Legal Challenges: Coercive Control, Medical Negligence, and the “Best Interest” Standard

The legal standard in child custody disputes is the “best interest of the child or family member.” However, when coercive control and medical negligence are at play, this seemingly clear-cut standard becomes far more complicated. Abusive parents who engage in coercive control often present a façade of being loving, caring, and capable, making it difficult for the court to see the harm that’s being inflicted. In cases involving medical negligence, the child’s or the disabled individual physical suffering may be hidden behind a lack of medical documentation or complaints, allowing the abuser to evade scrutiny.

Moreover, when coercive control is combined with medical neglect, victims often face an additional challenge: they are forced to prove the impact of the abuse in a legal system that may not fully understand the nuances of these forms of harm. Courts may fail to recognize the extent of emotional manipulation and medical mistreatment, especially when children have been coached to deny or downplay the severity of their suffering.

The lack of awareness and training on coercive control and medical negligence in family law makes it even more critical for legal professionals, including judges, attorneys, and child and disabled individuals welfare experts, to have a clear understanding of how these behaviors manifest and what protections should be in place for the victimized parent and child or family member. In cases involving coercive control, experts suggest that all custody and guardianship decisions should involve detailed evaluations by medical health professionals who can assess the dynamics of the relationship and the child’s health needs.

The Need for Specialized Protections and Awareness

Given the complexity of these cases, child custody and guardianship cases disputes involving coercive control and medical neglect must be treated with the highest level of care and attention. Decision-makers must be aware of the lasting consequences that these forms of abuse can have on children and ensure that custody and guardianship arrangements prioritize the child’s or individual’s safety, health, and well-being. This may include mandating supervised visitation, seeking expert testimony from medical professionals, or implementing protections for the parent who has been controlled or manipulated.

Additionally, more training and resources are needed for legal professionals to effectively recognize and address coercive control in custody and guardianship cases. Courts must acknowledge that coercive control is not just a psychological issue, often it involves physical harm and neglect, including medical neglect, which can be life-threatening to children and individuals with disabilities. Survivors of coercive control, particularly those who are also facing medical neglect, must be provided with the support and legal protections they need to ensure that both they and their children can escape harm.

A Call to Action: Protecting Victims

Coercive control and medical negligence are a toxic combination that can devastate families for generations. While legal standards currently prioritize the “best interest of the child or individual with disabilities,” these cases show just how much more needs to be done to protect vulnerable children and individuals with disabilities from this hidden form of abuse.

Courts must be equipped with the tools, knowledge, and resources to address coercive control in all its forms. Especially when it involves the denial of necessary medical care. As more awareness of these issues grows, we can hope that family law will adapt to better serve those caught in abusive cycles, particularly children and individuals whose lives may depend on a compassionate, informed legal response.

Until coercive control is fully recognized as a form of abuse that includes medical negligence, the cycle of suffering will continue. It is time for the courts to act, to prioritize the health and safety of children and disabled individuals, and to ensure that those who seek to control and harm their families are held accountable for their actions.

"HOPE FOR CHANGE"