Human Trafficking Survivors’ Experiences and Trauma with Keeping Custody of their Children

Ashley Maha’a; Shannon Elliott & Betsy Nolan | September 21 | 1:45-2:45 pm

Topic: Research, Experience | Knowledge Level: Intermediate

Many survivors of human trafficking face real challenges in dealing with child welfare and family court after exiting their trafficking situation due to the stigma and misunderstanding of their trafficking experiences that survivors face in these systems. In Polaris’s First National Survivor Study, sex and labor trafficking survivors participated in focus groups, interviews, and a final survey with 457 participants. Survivors made it clear that their children and maintaining custody of them were chief among their concerns and many detailed disputes they had faced in keeping their children with them. In particular, custody disputes with child welfare and with their exploiters are exhausting and traumatizing. Traffickers have used the court system and custody disputes to discredit survivors of trafficking and as a result, the justice system is being exploited to further victimize survivors. This study is one of the first to highlight the need that survivors have reported themselves on issues with custody. These results are alarming in the number of survivors losing custody and specifically those losing custody to their exploiter. Further discussion is needed on the best ways to address this issue including changes to how family law considers and treats trafficking survivors and issues related to trafficking that might affect custody including criminal records, substance abuse issues, and others. This also highlights the need for pro bono legal assistance to trafficking survivors facing family law cases especially those regarding custody disputes.

Presentation Objectives:

·  Describe the scope of custody issues that survivors face

·  Discuss the needs of survivors as related to children after leaving exploitation experience

·  Discuss ways to address this issue including changes to family courts and providing more legal assistance to survivors

About the Presenters