Adverse Childhood Experiences (ACEs) are traumatic incidents experienced during childhood that significantly shape how individuals navigate the world as adults. Some common ACEs include:
These experiences can profoundly impact both mental and physical health and are strong predictors of delinquency, poverty, obesity, and other social challenges that people face throughout life. In family court, the goal is to prevent children from being exposed to ACEs. Although family attorneys are not specifically trained in ACEs, these issues are frequently addressed in court. The California Welfare and Institutions Code and Family Code specifically prohibit exposing children to certain ACEs.
For example, physical, sexual, and emotional abuse and neglect will trigger a dependency case under the Welfare and Institutions Code. Meanwhile, domestic violence, substance abuse, and other forms of adversity and instability are key factors used by the Family Court to determine custody and visitation orders. ACEs provide an effective framework for viewing cases involving children. If the objective is to protect children from exposure to ACEs, every custody and visitation case should address ACEs and consider how the proposed orders will either shield the child from or expose them to these traumatic experiences.
One thing to keep in mind about ACEs is that they highlight only the traumas. A simple way to identify the positive aspects of parenting is by flipping each ACE—for example, transforming physical, sexual, and emotional abuse into physical, sexual, and emotional safety. The Family Code sets a basic standard for protecting a child’s health, safety, and welfare, as well as promoting frequent and continuing contact between both parents. However, the Family Code also leaves room to consider positive elements of parenting beyond just avoiding harm. These positive elements include:
There are many other examples of positive parenting to consider. ACEs should be the starting point in any analysis, followed by considering the positive opposites of each ACE. Additionally, more nuanced benefits of the parent-child relationship should be factored in when deciding custody and visitation orders. This approach can help effectively argue and determine what is in the “best interests of the child” in family court.
An additional tool that can be used alongside ACEs is the Social Determinants of Health (SDOH), which further explores the factors influencing a child’s well-being.
