Abused women and child custody: the ongoing exposure to abusive ex‐partners

Catriona Elizabeth Shalansky · Janet Ericksen · Angela Henderson

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Intimate Partner and Family Violence Family and Matrimonial Law Family Dynamics and Relationships

Abstract

Abuse of women in domestic relationships has become an epidemic. Research studies have documented that abuse does not end when a woman with children leaves the abuser but, in fact, the danger increases. A father's legal right to custody of and access to his children and the children's bond with their father prevent a woman from truly breaking free of her abuser. Theoretical literature has addressed how custody and access can serve as a means for an abuser to continue his abuse and expose his children to ongoing abuse and discord. Research on how custody and access issues are affecting abused women is limited. Key details about this phenomenon are not known. Hence, a research study using the qualitative methodology of phenomenology was conducted on abused women's experiences with custody and access and the ongoing exposure to abusive ex-partners. Six single mothers who had left abusive relationships and were at the time sharing custody of and/or access to their children with their abusive ex-partners participated in the study. Unstructured, non-directive interviews were conducted. Direction for analysis was taken from the specific steps outlined by Giorgi. Data analysis revealed that all of the women were living in great fear for their safety and that of their children. The ongoing danger and stress of living with the restrictions of the law took its toll on the women and ultimately affected their physical health and psychological well-being. The women described their experiences as having four components: (1) safety--living with ongoing danger; (2) stress--living with the restrictions of the law and the legal system; (3) coping--social support systems; and (4) to heal and move forward in life.

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References

1986The problem of rigor in qualitative research 1992Method slurring: the grounded theory/phenomenology example 1992Children of Battered Women.1983Phenomenology 1986Similarities in behavioral and social maladjustment among child victims and witnesses to family violence.1981Children: The unintended victims of marital violence.1986Family violence and child adjustment: a comparative analysis of girls' and boys' behavioral symptoms 1985Children of marital violence: A closer look at the unintended victims.

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2007Theorizing the Process of Leaving: Turning Points and Trajectories in the Stages of Change*2019A realist review of which advocacy interventions work for which abused women under what circumstances 2009Rethinking Custody Evaluation in Cases Involving Domestic Violence 2016Advocacy Interventions to Reduce or Eliminate Violence and Promote the Physical and Psychosocial Well-Being of Women who Experience Intimate Partner Abuse: A Systematic Review 2009Battered Women, Children, and the End of Abusive Relationships

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