Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

184 PRACTITIONERS GUIDE No. 12
The UN Handbook on Legislation on Violence against Women
recommends that, in the context of protection order
proceedings, legislation should include the following provisions
concerning child custody and visitation rights:
“Presumption against award of custody to the
perpetrator;
“Presumption against unsupervised visitation by the
perpetrator;
“Requirement that, prior to supervised visitation being
granted, the perpetrator must show that at least three
months has passed since the most recent act of
violence, that he has stopped using any form of
violence, and that he is participating in a treatment
programme for perpetrators; and
“No visitation rights are to be granted against the will of
the child.” 502
Family law: divorce or separation generally
The UN Handbook for Legislation on Violence against Women
has identified best practice in family law as follows:
“Divorce from a violent husband and adequate alimony
to women and children;
“The survivor’s right to stay in the family dwelling
after divorce;
“Social insurance and pension rights of survivors who
divorce the perpetrator;
“Expedited distribution of property, and other relevant
procedures;
“Careful screening of all custody and visitation cases
so as to determine whether there is a history of
violence;
“A statutory presumption against awarding child
custody to a perpetrator;
502
UN Handbook for Legislation on Violence against Women, above
note 413, page 49.