Discussing children in interparental violence criminal proceedings: A comparative court observation study in the Netherlands

Children can be profoundly affected both by exposure to violence between their parents and by criminal proceedings that may follow. Family Systems Theories (FST) highlight that such violence and its legal aftermath extend across the entire family system, implying that criminal justice responses to interparental violence should consider children as well. However, as Dutch criminal law and policy leave room for interpretation, it remains unclear whether children are recognized as victims and whether and how they are considered and discussed in interparental violence criminal proceedings. This explorative study examines (1) to what extent children exposed to interparental violence are recognized as victims in interparental violence criminal proceedings, (2) whether, how and by whom children are discussed during hearings and (3) to what extent these practices reflect an FST approach. Drawing on courtroom observations in three Dutch District Courts, this study analyzes 54 intimate partner violence cases involving (former) partners with minor children, heard by single-judge divisions. The observed hearings indicate that children exposed to interparental violence are not recognized as victims in such proceedings. However, children are discussed in most cases. This occurs to varying degrees and in variable ways, implying an informal application of FST. A comparative analysis across the three courts further indicates notable variation, with the Rotterdam Court's combined hearings tending to devote relatively greater attention to children. The article concludes with recommendations for research and practice.