Many women have shared with family lawyers such as myself their stories about how the legal system marginalized their maternal connections and child caregiving experiences by imposing on them legal positions and constructs about mothering and caring that differed from the reality of their experiences. This thesis develops the argument that neither the litigation nor the mediation of child custody disputes in Canada address the systemic problems association with the marginalization of women. Both processes reflect white, male, middle class, heterosexual expressions, productions and perpetuations of patriarchy. I first define the dominant ideology of motherhood and present differing mothering experiences which more accurately reflect the realities of caregiving. I then deconstruct the legal and social methods used in both the litigation and mediation of child custody in order to demonstrate their use of dominant ideologies of motherhood and family to limit women’s caregiving opportunities. From the context of two women’s legal experiences, I explore the possibility of introducing feminist legal methods into mediation and litigation in recognition of the fact that women must engage with the legal system to address the practicalities of childcare, economics and shelter. I respond to the popular argument that mediation is a panacea to the ills of litigation by taking the position that both are situated along a continuum perpetuating the same ideological assumptions about mothers and family which oppress all women to some degree. I argue that mediation is ultimately more oppressive to women because unlike litigation, systemic problems in mediation are obscured by romanticism and rhetoric. Firstly, I attempt a mother and child reunion by trying to create a place for feminist conceptions of caregiving within child custody litigation and mediation which would empower women. I conclude that it will be difficult to create a space for feminist methodology in custody litigation and mediation without the continued efforts of lawyers to reconstruct the ideology of mother.

Dissertation (Ph.D.) -- The Institute for Clinical Social Work, 1997. / A dissertation submitted to the faculty of the Institute of Clinical Social Work in partial fulfillment for the degree of Doctor of Philosophy.

Magister Legum - LLM / No abstract available. / South Africa

Many women have shared with family lawyers such as myself their stories about how the legal system marginalized their maternal connections and child caregiving experiences by imposing on them legal positions and constructs about mothering and caring that differed from the reality of their experiences. This thesis develops the argument that neither the litigation nor the mediation of child custody disputes in Canada address the systemic problems association with the marginalization of women. Both processes reflect white, male, middle class, heterosexual expressions, productions and perpetuations of patriarchy. I first define the dominant ideology of motherhood and present differing mothering experiences which more accurately reflect the realities of caregiving. I then deconstruct the legal and social methods used in both the litigation and mediation of child custody in order to demonstrate their use of dominant ideologies of motherhood and family to limit women’s caregiving opportunities. From the context of two women’s legal experiences, I explore the possibility of introducing feminist legal methods into mediation and litigation in recognition of the fact that women must engage with the legal system to address the practicalities of childcare, economics and shelter. I respond to the popular argument that mediation is a panacea to the ills of litigation by taking the position that both are situated along a continuum perpetuating the same ideological assumptions about mothers and family which oppress all women to some degree. I argue that mediation is ultimately more oppressive to women because unlike litigation, systemic problems in mediation are obscured by romanticism and rhetoric. Firstly, I attempt a mother and child reunion by trying to create a place for feminist conceptions of caregiving within child custody litigation and mediation which would empower women. I conclude that it will be difficult to create a space for feminist methodology in custody litigation and mediation without the continued efforts of lawyers to reconstruct the ideology of mother. / Law, Peter A. Allard School of / Graduate

No description available.

Differences between joint custody and mother custody families were assessed. The sample consisted of 42 post divorce families which had a child between the age of 4 and 15 years and resided in the Dallas/Fort Worth metroplex. This cross sectional, multimethod, quasi-experimental study examined two groups of divorced families. The experimental group consisting of 21 joint custody families, was compared to the control group, consisting of 21 mother custody families. Families were matched between the two groups based on the child's gender, age and time lapse since parental separation. Within each family, interviews were conducted with one parent and with the parent's permission, a target child. Besides the interview, parents completed a questionnaire and the Child Behavior Checklist. Only 19 parents gave permission for their child to be interviewed. Parents completed a questionnaire and the Child Behavior Checklist.

Separation and divorce have become normative life events for many families throughout the world. According to the most recent statistics, during 1998, a total of 35 792 divorces were granted in South Africa alone, resulting in 45 123 children being affected by the divorce of their parents (Statistics South Africa - Statistical Release PO 307). Children who best survive their parents divorce are those maintaining significant and positive relationships with both parents. Children whose parents share parenting also cope better with the consequences of divorce. This study therefore attempted to provide insight into the personal experiences of divorced parents in relation to sharing of parenting after divorce. In this qualitative study, the researcher used the snowballing technique of sampling. A total of 16 divorced parents, including eight mothers and eight fathers, were included in the sample. The sample comprised of custodial, noncustodial and joint custodial parents who had been divorced for a period of at least two years. The interview schedules were personally administered and manually analyzed by the researcher. From the main findings, it was ascertained that respondents experienced tremendous difficulties in coping with the aftermath of divorce more especially in the realm of co-parenting. The main challenges they have had to face were problems relating to access to children, conflict in post-divorce relationships, stress related to the remarriage of ex-spouses, lack of sharing of parental responsibilities, communication problems and lack of therapeutic support. In order to promote effective post-divorce parenting, the researcher made recommendations with regard to the provision of educational programmes and therapeutic services for parents, children and other interested parties affected by the divorce. Recommendations, pertaining to divorce, are also made in respect of the justice system in South Africa. / Thesis (LL.M.)-University of Durban-Westville, 2002.

No description available.

Despite widespread interest in patterns of parenting after separation in Australia, the gaps in our knowledge remain large and fundamental. Most studies, including those overseas, have taken a quantitative tack, measuring the frequency and overall amount of face-to-face contact between children and non-resident parents (mostly fathers). But obviously there is more to parent�child contact than just time. The nature and quality of the interaction are also important � perhaps even more so. Recently there has been a push towards recognising and describing both qualitative and quantitative differences in the many ways that parental sharing of time with children can occur after divorce. This thesis attempts to identify and explore some of these differences by comparing five different patterns of care: (i) 50/50 shared care, (ii) little or no contact, (iii) holiday-only contact, (iv) daytime-only contact, and (v) �standard� contact (thought to occur every-other-weekend and half of each school holidays). A representative snapshot of parent�child contact schedules after separation is presented to provide some of the detail of arrangements within this typology. Two (complementary) types of data are used: qualitative data from a series of focus groups with separated parents, and quantitative data from three large representative samples of separated/divorced parents in Australia. Joining the dots between the various pieces of data, there is much to suggest that family dynamics in tandem with demographic factors temper the form that parent�child contact takes, with different combinations of factors clearly linked to qualitatively different patterns of postseparation parenting. While separating parents need to be encouraged to think more laterally about what arrangements might work best for their children and themselves, the data presented suggest that some parents in Australia are already being very creative and there is much diversity of arrangements. The central argument running through this dissertation is that arrangements that allow children to experience fluid, meaningful time with each parent are critical for children�s and parents� wellbeing. The ideas and data presented here � especially some of the more creative timesharing schedules developed by parents � are likely to be a useful resource for separated parents, and the family law professionals they approach for assistance, to reflect on when developing or refining parenting arrangements after divorce.

The purpose of the present study was to examine Parental Alienation Syndrome (PAS) and to expand the research based knowledge in the area. PAS entails both psychological processes and legal dimensions as it occurs primarily within the context of custody litigation. False allegations of abuse (FA) are commonly associated with PAS and similarly entail both psychological and legal issues. The research comprised two separate studies. First, interviews with target parents were conducted to attain their unique perceptions and experiences of PAS and on the way their cases were handled within the legal system. Second, a quantitative comparison between PAS and FA was performed to identify any similarities and differences and examine a possible relationship between the two. Results highlighted inherent difficulties for successful joint custody arrangements for PAS families as communication was difficult and litigation was prominent. In spite of well-established parent-child relationships before the divorce, these were negatively impacted with the onset of litigation. Parents and children were negatively impacted from the PAS, including reported mental illness for both. In FA cases the children were found to be significantly younger and from one-child families compared with PAS families. Women were found to more likely be the alienators or accusers of FA. In spite of having the legal authority to deal with the PAS, judges reportedly rarely utilized this power. The limitations of the research are discussed and direction for future study given.