Qualitative Exploration of the Influence of Domestic Violence on Motherhood in the Perinatal Period

The perinatal period may include domestic violence (DV). In this study, the perinatal period extends from the start of pregnancy to the end of the child’s second year of life. DV places the safety of both mother and child at risk and undermines the mother–child attachment bond. In this article, we look at the challenges for motherhood in a context of domestic violence during the perinatal period (DVPP). In semi-directed interviews, 17 mothers shared their stories of DVPP. Interview questions focused on the trajectory of DVPP, perceptions and occupation of motherhood within two years of childbirth and the associated challenges. Data were analyzed using thematic analysis and discussed in a feminist conceptual framework and a parental theoretical model. DVPP negatively influences the experience and practice of motherhood, in addition to increasing parental responsibility to protect the child. Three main themes were noted: 1) A parental experience impoverished by the context of DVPP, caused by an increase in tasks, a weakened bond with the child and a loss of self-confidence; 2) Parenting responsibility in a context of DVPP is expressed as greater vigilance and the need to protect the child from violence; and 3) Parenting practices: the children as targets and victims of violence, resulting in additional child needs that mothers must meet. The results underscore the need for early detection of DVPP and a trauma-informed approach in health services. Specialized support services should be provided to help mothers cope with violence.

     

A voice or a choice? Children’s views on participating in decisions about post-separation contact with domestically abusive fathers

ABSTRACT

The United Nations Convention on the Rights of the Child explicitly calls for children to be granted the right to participate in legal proceedings that affect them. Despite this legal obligation and an evolving consensus that recognises children as social and competent actors, this rhetoric has struggled to achieve translation into meaningful practice reality, particularly when decisions are being made about contact arrangements for children where there has been a prior history of domestic violence. Drawing on the narratives of children who participated in three separate research projects in Ireland between 2009 and 2015, this paper will consider the manner in which they were involved in the decision-making process and the extent to which their views were ascertained and their voices heard. This paper concludes by raising the key question of how the child’s best interests can be served if the child’s views are not sought, heard or considered.     

National self-image as an obstacle to ensuring children’s rights in the context of domestic violence and family law – the case of Sweden

ABSTRACT

The aim of this paper is to highlight and discuss contradictions and challenges in the current policy and practice regarding fathers’ violence towards mothers and children in the Swedish welfare state. In particular, professional discourses and understandings of domestic violence in disputes about contact, custody, residence and maintenance, following parental separation, are analysed. My research suggests that abusers find ways to manipulate professionals and get them unwittingly to enable their continued control of victimised mothers and children. One conclusion is that oppression is maintained through processes of familialisation and selective repression. These discursive practices reproduce intersectional inequalities and, in doing so, in many cases result in the administration rather than prevention of further violence.     

Feminist lawyering,violence against women,and the politics of law reform in India: An interview with Flavia Agnes

The history of the women’s movement’s relationship to law in India cannot be written without acknowledging the pioneering work of activist, advocate, and scholar Flavia Agnes. Her own life’s journey, engagement with the movement, involvement in women’s rights litigation, feminist jurisprudential scholarship, and outreach work through Majlis (the organisation she co-founded) offer key insights into the kind of movement-based legal pedagogy, awareness, and training that the women’s movement has fostered in India. Flavia’s activism and scholarship over the last three decades have opened up sophisticated critiques of rape law and family law reform in India that have become foundational to the field of what can be called Indian feminist jurisprudence. This interview offers insights into the autobiographical, the feminist, and the scholarly convergences in Flavia’s thinking and writing. She speaks with candour and conviction and introduces ways of thinking about feminist lawyering, violence against women, and the politics of law reform in India that are historically and theoretically grounded in an ethics of self-reflexivity and quotidian wisdom that the insulated nature of clinical legal education in India has much to learn from.

     

Grandparent contact: another presumption?

ABSTRACT

This article reviews the debate about the enhancement of grandparents’ legal status in relation to their grandchildren. In particular, it observes that calls for a legal presumption in favour of grandparent contact with their grandchildren when family relationships break down were emboldened by the enactment in s1(2A) of the Children Act 1989 of a presumption that involvement of both parents in their children’s lives furthers children’s welfare. Proponents of grandparent rights argued that there should be a similar statutory presumption in favour of grandparent involvement. It is also argued that courts should strictly enforce child arrangement orders that give grandparents time with grandchildren. The article examines the welfare case for such involvement and concludes that there is no unequivocal evidence to support it. It also considers the effect of the presumption in s1(2A). The article concludes that to enact a similar presumption in favour of grandparents, to apply a de facto presumption, to enforce orders strictly and even to remove the leave requirement that currently exists, could prejudice the interests of mothers as well as children.     

Social rights,child rights,discrimination and devolution: untangling the web

Abstract

This article examines judicial reviews of two areas of social security policy and practice in the UK – the household benefit cap and the restriction of bereavement benefits to bereaved spouses and civil partners. While each case ostensibly concerned discrimination against claimants, in practice much of the legal argument centred on the impact on claimants’ children. The judiciary is revealed to be deeply divided on the lawfulness of the acknowledged discrimination. The article considers what lessons can be drawn about the relative weight that ought to be afforded to claimants’ property rights, the best interests of affected children, anti-discrimination provisions and the state’s stated policy imperatives of cost control and administrative convenience. Insights are also sought into whether devolutionary differences can be identified between the approaches of courts in London and Belfast.     

Children's Participation in Family Law Proceedings: A Step Too Far or a Step Too Small?

The Children (Scotland) Act 1995 established children's rights to have their views considered in family law proceedings. These rights go further than elsewhere in the UK: in requiring parents to consult their children when making any ‘major decision’, in creating a range of mechanisms for children to state their views and through facilitating children becoming party to legal proceedings if they are legally competent. Such rights are not without controversy, either in abstract (Is it in children's best interests to be involved in court proceedings? Should children have such rights?) or in practice (Do children and parents know of these rights and accompanying duties? How do legal professionals judge a child's competency?). This paper explores such controversies, using findings from a feasibility study undertaken with children, parents and legal professionals.     

Towards identifying and ranking selected types of violence against women in North India

ABSTRACT

The paper is aimed at identifying and ranking different types of violence against women (VAW) in states of Delhi and Haryana in Northern India. Examples of gender-specific violence were selected through an extensive review of the literature. The types of VAW reviewed include the lower economic value of daughters at birth (females being considered a liability rather than an asset), rampant female feticides aided by proliferation of often illegal prenatal diagnoses, maternal morbidity, and mortality rates, physical and emotional abuse and neglect of female children, “honour” killing of women, exclusion and deprivation of women from medical treatment and nutrition, their subjection to assaults and rape (including marital rape), insufficient compliance to women’s legal rights of inheritance, arranging early marriages of girls, dowry deaths, female sexual harassment, and intimidation in community and workplace, female trafficking and prostitution, and so forth.

The conceptual frame of reference used for the study was provided by the culturally sanctioned legitimation of the patriarchal system of Indian family as well as by people’s perceptions and attitudes. Data were collected through the survey method in two phases. A preliminary survey was conducted during the first phase for developing the questionnaire items to be used for data collection in the phase two of the study. The findings of the study are presented and reveal participants’ rankings of selected types of VAW by degree of relative importance. Data, based on secondary sources as well as a non-random sample of respondents, were analysed to assess the various areas which demand immediate redress. We also interpret data based on selected criteria and suggest few optimistic future trends in regard to addressing and preventing VAW.     

CHILDREN'S RIGHTS IN EUROPEAN LEGAL PROCEEDINGS: WHY ARE FAMILY PRACTICES SO DIFFERENT FROM LEGAL THEORIES?

Debates about child custody following parental separation often have been framed in terms of a battle between the competing rights of different family members. In the United States, advocates of mothers’ rights square off against proponents of fathers’ rights, with each side claiming to truly represent children's rights. Of course, not all advocates lay claim to children's rights in contact and custody disputes merely as a tactical maneuver. Some experts believe that children are entitled to (and benefit from) their own, independent legal advocate in custody cases. In theory, at least, the position that children lay claim to a third set of independent rights is strongly held in Europe, more strongly than in many U.S. states, because of the adoption of United Nations Convention on the Rights of the Child in Europe, but not in the United States. In this article, we examine children's rights in custody disputes from a European perspective, particularly children's legal right to contact with their parents, as well as the children's right to be heard in custody and contact disputes. We find that, despite differences in legal theory, tradition, and family demographics, European countries ultimately face a familiar reality: Custody and contact disputes are, in reality, more about renegotiating family relationships than they are a matter of a mother's, father's, or child's rights.     

NR Madhava Menon: The guiding light for global clinical legal education

The late NR Madhava Menon, known widely as ‘the father of modern legal education in India’, was also a leading voice for global legal education reform by championing ‘socially relevant legal education’ through clinical legal education throughout the world. This article concentrates on his seminal role in the founding of the Global Alliance for Justice Education (GAJE) and the crafting of its mission statement. Drawing on a number of key moments in Dr Menon’s lifelong dedication to the twin causes of legal education and social justice, it highlights how he brought an international perspective to his critical work on legal education reform in India by enlisting international collaborators, how he motivated international colleagues to bring similar reforms to their countries, and how he mentored new generations of legal educators in what has become a true global clinical movement. The article focuses specifically on how the guiding principles of GAJE’s inaugural conference, which Dr Menon co-chaired in 1999, reflect his vision of global clinical legal education that continues to guide GAJE and the global clinical movement today.

     

Advancing justice interests and human rights of vulnerable groups through clinical legal education

Access to justice rights of vulnerable groups in the Maldives is significantly affected due to lack of information, awareness, accessibility, and legal representation. The provision of State-funded legal aid is only available in serious criminal cases, and free legal services provided by individual lawyers and civil society organisations are limited and scattered. Out of 20, only a handful of atolls in the Maldives have resident lawyers offering legal services. Thus, as a country with over 200 inhabited islands, key vulnerable groups such as women and children face serious challenges in attaining legal services and access to the system. This article emphasises the broader objectives of legal education and argues that by pursuing social justice goals and advancing the human rights of vulnerable groups in the Maldives, university law clinics can benefit legal education and the society at large.

     

‘It’s Not OK’, but ‘It’ never happened: parental alienation accusations undermine children’s safety in the New Zealand Family Court

ABSTRACT

While the public campaign slogan in New Zealand when referring to family violence, is ‘It’s Not OK’, many women in New Zealand report that the Family Court prefers the catchphrase ‘It never happened’. When women and children escaping violence and abuse reach out to the New Zealand Family Court for protection believing the justice system will help them, they often enter an alternative reality where they are not believed and are subsequently made less safe. This is particularly so for those women whose well-founded fears for their children’s safety get reinterpreted as evidence of a deliberate attempt to alienate the children from their fathers. The Backbone Collective, an independent organisation, surveyed New Zealand women about their experiences in the Family Court, finding that many women reported being accused of parental alienation. This paper investigates the sources of these allegations of parental alienation and how they impact mothers and their children. We argue that the use of parental alienation in the New Zealand Family Court is undermining the international rights of children.     

Macrostructural Opportunity and Violent Crime: The Impact of Social Structure on Inter- and Intra-Racial Violence

Researchers have examined the correlates of inter-group relationships, relying heavily on Blau’s (The American Journal of Sociology, 83, 26–54, 1977) macrostructural opportunity theory. The results of these studies have given mixed support for the relationship between social structure and inter-racial violence. This study builds on existing research on inter-group violence by examining what social structural correlates may influence intra- and inter-group violence using the macrostructural opportunity theory as a guiding framework. Data from the National Incident-Based Reporting System as well as the American Community Survey are utilized to construct a large sample of counties across the United States. The findings provide mixed support for Blau’s hypotheses, with heterogeneity and segregation showing some effects on inter-group violence, while racial inequality remains largely a non-significant predictor.

     

Parental alienation (syndrome) in child custody cases: survivors’ experiences and the logic of psychosocial and legal services in Italy

ABSTRACT

Parental alienation (syndrome) is a controversial issue, criticized by experts in different fields. However, this concept is often used by professionals and is frequently cited in courtrooms. This qualitative study focuses on parental alienation and explores women’s experiences as well as legal and social services’ practices in child custody cases. Semi-structured interviews were conducted with separated mothers who were victims of intimate partner violence, and with social workers and psychologists/psychiatrists designated by courts to evaluate parenting skills. Expert reports, psychological assessments and legal documents were also analysed. Results show that professionals endorsed parental alienation and considered it a ‘feminine problem’. Women were often blamed and labeled as ‘engaging in parental alienation’ when they were trying to ensure their children’s safety. Children’s accounts were interpreted as being a result of their mothers’ manipulation. In contrast, fathers were treated as victims of vindictive women who want to keep children to themselves. Men’s violent behaviours were not considered, and their role as fathers was seen as ‘inviolable’. These practices seem to reflect the ‘good-enough father’ approach, according to which the presence of the father is essential for children’s development, regardless of his violent behaviours.     

A tale of targeted violence in Hashimpura: the Delhi High Court on recognition,relations and responses

On 31 October 2018, Justice Dr S Muralidhar (then) at the Delhi High Court convicted 16 members of the Provincial Armed Constabulary (PAC) for, inter alia, the murder of 38 Muslim residents of Hashimpura, a neighbourhood in Meerut, Uttar Pradesh in the summer of 1987. In so doing, he described the events that unfolded in Hashimpura as the ‘targeted killing’ of ‘members of a particular minority community.’ The judicial recognition of targeted violence in contemporary Indian society forms the focus of the present article. The article contends that Muralidhar J’s reference to targeted violence paves way for the recognition of an important juridical concept that warrants further academic and legal engagement. By adopting a relational approach, I argue that the conceptual utility of the category of targeted violence lies in its ability to unmask the social relations that it implicates. Targeted violence is not aimed at individual actors, but social relations between perpetrators, individual victims and those who share the victims’ minority identity. Committed to the legal recognition of social experiences, I demonstrate how the category of targeted violence accurately reflects the experiences of and relations between different social actors. I further build a case for why and how legal and judicial responses to targeted violence ought to be informed and shaped by a recognition of its relational harms.

     

Speaking for Themselves: Hope for Children Caught in High Conflict Custody and Access Disputes Involving Domestic Violence

The Speaking for Themselves (SFT) project sought to enhance the physical, emotional, and psychological safety of children exposed to domestic violence and high conflict custody and access disputes. Children were provided with both a trauma therapist and a lawyer, in an attempt to ensure their well-being while providing decision-makers with reliable and authentic information about these children’s circumstances. This project was an attempt to balance the “best interests” approach applied in family law decision-making with the value placed on a child’s right to be heard, an approach espoused by children’s rights advocates. This article presents the SFT philosophy, model program, and evaluation results.     

Interpreting the Political Theory in the Practice of Human Rights

In this discussion of The Heart of Human Rights, I support Allen Buchanan’s pursuit of a theory-in-practice methodology for interpreting the foundations and meaning of international legal human rights from within the practice. Following my use of that methodology, I recharacterize the theory of rights revealed by this methodology as political not moral. I clarify the import of this interpretation of international legal human rights for two problems that trouble Buchanan: (1) whether the scope of ‘basic equal status’ is a global or an ‘intrasocial’ standard and (2) whether there is a ‘proliferation’ of rights that risks undermining the legitimacy of international legal human rights. I argue that the scope of basic equal status is global and that the practice of making what he calls ‘new’ rights claims is part of the practice of human rights.     

Identifying Predictors for Children Witnessing Intimate Partner Violence

Research has shown that intimate partner violence (IPV) prevalence and severity is higher and IPV duration is longer among couples that have children. Women frequently report that their children are the reason why they stay, leave, or return to an IPV relationship. Our study used results from a two-wave telephone survey to determine what IPV-associated factors were significant predictors of respondents’ children witnessing IPV, as well as estimating prevalence of children’s exposure to violence. We found that an increase in respondents’ age was significantly associated with increased odds of a child being exposed to violence. We also found that children witnessing violence were almost twice as likely to have mothers who reported leaving abusers. We hypothesize that increasing age corresponds to improved confidence in help-seeking behaviors. Our findings represent an important first step for future research on understanding how children influence IPV victims’ decision-making in seeking out service providers for help.     

Caregiving and quality of life

ABSTRACT

The increase in life expectancy for adults with learning disabilities has extended the caring role for their parents. This study examined the experiences of older parents who provide long-term care for their adult children with learning disabilities and how they conceptualise their quality of life. Data were collected using semi-structured interviews with 27 older parent carers from four London boroughs and were analysed using framework technique. Findings indicate that most parents appraised their quality of life positively and reported benefits, despite the challenges they had to negotiate daily. The benefits from caregiving, more so in later life, were: a connected family from shared caregiving; a sense of belonging; purposeful living; a reciprocal relationship with their adult children; and personal transformations from providing care that improved their quality of life. The challenges that participants regularly encountered were: multiple losses (sleep, career, identity and friends); the added stress of the government’s Personalisation Agenda of caring services; struggles for access to services; searching for a diagnosis; worry about future care and fear of abuse when carers are unable to continue in their role; unhelpful attitudes of health and social care professionals; and a lack of empathy from friends as well as the public towards people with learning disabilities. Caregiving and quality of life are inextricably linked and the difficulties that parents experienced were mainly associated with socio-structural barriers, rather than their children’s disabilities. Importantly, the findings inform the practice of social workers and others who support this unique group of carers by providing new insights into how caring impacts on quality of life over time and how best these parents’ needs can be met. This study makes a specific contribution to understanding the lived realities of older carers and extends current conceptualisations of caregiving and quality of life among older people.