Abstract
This paper adds to our understandings of women’s post-separation experiences of coercive control through the introduction of a new concept—custody stalking. It is defined as a malevolent course of conduct involving fathers’ use of custody and/or child protection proceedings to overturn historic patterns of care for children. The experience of custody stalking is explored through three composite narratives derived from twelve mothers who participated in an exploratory, qualitative study on the involuntary loss of maternal care time following separation. The losses suffered caused these mothers tremendous grief, damaged their psychological wellbeing and had a detrimental effect on their mothering relationships. Yet custody stalking, as a form of malevolent attack, is not well recognised and mothers’ resultant losses are largely culturally invisible. This is in marked contrast to paternal filicides, another form of post-separation avenging attack committed by some fathers that also leads to maternal loss experiences, albeit more absolute.
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Notes
Paper abuse refers to the use of legal and other bureaucratic procedures by coercively controlling partners to continue to attack, harass and control their former partners through ‘exerting power over them, forcing them to have contact, and financially burdening them with the costs associated with litigation’ (Miller and Smolter 2011, 638).
References
Bancroft, Lundy, Jay G. Silverman, and Daniel Ritchie. 2002. The batterer as parent: Addressing the impact of domestic violence on family dynamics, 2nd ed. London: Sage.
Banks, Anna, and Stephen P. Banks. 1998. Fiction and social research: By fire or ice. Walnut Creek: AltaMira.
Beeble, Marisa L., Deborah Bybee, and Chris M. Sullivan. 2007. Abusive men’s use of children to control their partners and ex-partners. European Psychologist 12 (1): 54–61.
Boyd, Susan B. 2004. Demonizing mothers: Father’s rights discourses in child custody law reform processes. Journal of Association for Research on Mothering 6 (1): 52–74.
Brown, Thea, Danielle Tyson, and Paula Fernandz Arias. 2014. Filicide and parental separation and divorce. Child Abuse Review 23: 79–88.
Campbell, Jacquelyn C. 2003. Risk factors for femicide in abusive relationships: Results from a multisite case control study. American Journal of Public Health 93 (7): 1089–1097.
Dawson, Myrna. 2015. Canadian trends in filicide by gender of the accused, 1961–2011. Child Abuse and Neglect 47: 162–174.
Dixon, Shane, Jessie L. Krienert, and Jeffrey Walsh. 2014. Filicide: A gendered profile of offender, victim, and event characteristics in a national sample of reported incidents, 1995–2009. Journal of Crime and Justice 37 (3): 339–355.
Dobash, R.Emerson, and Russell P. Dobash. 2011. What were they thinking? Men who murder an intimate partner. Violence Against Women 17 (1): 111–134.
Elizabeth, Vivienne. 2003. Separation: A resistant act in the midst of (abusive) power relations. Journal of International Women’s Studies 4 (3): 62–80.
Elizabeth, Vivienne. 2010. Turning mothers into villains: Gaps and silences in media accounts of custody abductions. Feminist Media Studies 10 (1): 51–67.
Elizabeth, Vivienne. 2015. From domestic violence to coercive control: Towards the recognition of oppressive intimacy in the Family Court. New Zealand Sociology 30 (2): 26–43.
Elizabeth, Vivienne. 2016. ‘I’d just lose it if there was any more stress in my life’: Separated fathers, fathers’ rights and the news media. International Journal for Crime, Justice and Social Democracy 5 (2): 107–120.
Elizabeth, Vivienne, Nicola Gavey, and Julia Tolmie. 2010. Between a rock and hard place: Resident mothers talk about the moral dilemmas they face. Feminist Legal Studies 18 (3): 253–274.
Elizabeth, Vivienne, Nicola Gavey, and Julia Tolmie. 2012a. He’s just swapped his fists for the system: The governance of gender through custody law. Gender & Society 26 (2): 239–260.
Elizabeth, Vivienne, Nicola Gavey, and Julia Tolmie. 2012b. The gendered dynamics of power in disputes over the post-separation care of children. Violence Against Women 18 (4): 459–481.
Eriksson, Maria, and Marianne Hester. 2001. Violent men as good-enough fathers? Violence Against Women 7 (7): 779–798.
Family Violence Death Review Committee. 2014. Fourth annual report: January 2013 to December 2013. Wellington: Family Violence Death Review Committee.
Flood, Michael. 2010. Fathers’ rights and the defense of paternal authority in Australia. Violence Against Women 16 (3): 328–347.
Ginna, M. 1998. Stigma, identity dissonance and the non-resident mother. Journal of Divorce & Remarriage 28 (1–2): 139–156.
Harrison, Christine. 2008. Implacably hostile or appropriately protective?: Women managing child contact in the context of domestic violence. Violence Against Women 14 (4): 381–405.
Hayes, Brittany E. 2015. Indirect abuse involving children during the separation process. Journal of Interpersonal Violence, online first: 1–23. doi:10.1177/0886260515596533.
Hays, Sharon. 1996. The cultural contradictions of motherhood. New Haven and London: Yale University Press.
Humphreys, Cathy, and Ravi K. Thiara. 2003. Neither justice nor protection: Women’s experiences of post-separation violence. Journal of Social Welfare and Family Law 25 (3): 195–214.
Jeffries, Samantha. 2016. In the best interests of the abuser: Coercive control, child custody proceedings and the ‘expert’ assessments that guide judicial determinations. Laws 5 (14): 1–17.
Keilty, Sandra. 2005. Mothers are non-resident parents too: A consideration of mother’s perspectives on non-residential parenthood. Journal of Social Welfare and Family 27 (1): 1–16.
Keilty, Sandra. 2008. Working hard to resist a ‘bad’ mother label: Narratives of non-resident motherhood. Qualitative Social Work 7 (3): 363–379.
Kirkwood, Debbie. 2012. ‘Just say goodbye’: Parents who kill their children in the context of parental separation. Melbourne: Domestic Violence Resource Centre Victoria.
Kruk, Edward. 2010. Collateral damage: The lived experiences of divorced mothers without custody. Journal of Divorce & Remarriage 51 (8): 526–543.
Laing, Lesley. 2016. Secondary victimization: Domestic violence survivors navigating the family law system. Violence Against Women: 1–15. doi:10.1177/1077801216659942.
Liem, Marieke, and Frans Koenraadt. 2008. Filicide: A comparative study of maternal versus paternal child homicide. Criminal Behaviour and Mental Health 18 (3): 166–178.
Logan, T.K., and Robert Walker. 2009. Partner stalking: Psychological dominance or ‘business as usual’? Trauma, Violence & Abuse 10 (3): 247–270.
Mahoney, Martha R. 1991. Legal images of battered women: Redefining the issues of separation. Michigan Law Review 90 (1): 1–94.
Mahoney, Martha R. 1994. Victimization or oppression: Women’s lives, violence and agency. In The public nature of private violence, ed. M.A. Fineman, and R. Mytitiuk. New York & London: Routledge.
Mason, Jennifer. 2008. Tangible affinities and the real life fascination of kinship. Sociology 42 (1): 29–45.
Meier, Joan S. 2009. A historical perspective on parental alienation syndrome and parental alienation. Journal of Child Custody 6 (3–4): 232–257.
Melton, Heather C. 2007. Stalking in the context of intimate partner abuse. Feminist Criminology 2 (4): 347–363.
Meyer, Emily M, and Lori Post. 2013. Collateral intimate partner homicide. Sage Open 3 (2): 1–11.
Miller, Susan L., and Nicole L. Smolter. 2011. “Paper abuse”: When all else fails, batterers use procedural stalking. Violence Against Women 17 (5): 637–650.
Morgan, Mandy, and Leigh Coombes. 2016. Protective mothers: Women’s understandings of protecting children in the context of legal interventions into intimate partner violence. The Australian Community Psychologist 28 (1): 55–74.
Morris, Anne. 2005. Naming maternal alienation. In Motherhood: Power and oppression, ed. M. Porter, P. Short, and A. O’Reilly. Toronto: Women’s Press.
Neustein, Amy, and Michael Lesher. 2005. From madness to mutiny: Why mothers are running from the Family Courts—and what can be done about it. Boston: Northeastern University Press.
Nikupeteri, Anna, and Merja Laitinen. 2015. Children’s everyday lives shadowed by stalking: Postseparation stalking narratives of Finnish children and women. Violence and Victims 30 (5): 830–845.
Przekop, Mary. 2011. One more battleground: Domestic violence, child custody and the batterers’ relentless pursuit of their victims through the courts. Seattle Journal of Social Justice 9 (2): 1053–1106.
Rathus, Zoe. 2010. Of ‘hoods’ and ‘ships’ and citizens. Griffith Law Review 19 (3): 438–471.
Regan, Linda, Liz Kelly, Anne Morris, and Rebecca Dibb. 2007. If only we’d known: An exploratory study of seven intimate partner homicides in Engleshire. London: Child and Woman Abuse Studies Unit, London Metropolitan University.
Rhoades, Helen. 2002. The ‘no contact mother’: Reconstructions of motherhood in the era of the ‘new father’. International Journal of Law, Policy and the Family 16: 71–94.
Richardson, Laurel. 1994. Nine poems: Marriage and the family. Journal of Contemporary Ethnography 23 (1): 3–13.
Richardson, Laurel. 2002. Poetic representation of interviews. In Handbook of interview research, ed. J.F. Gubrium, and J.A. Holstein. London: Sage.
Richardson, Laurel, and Elizabeth Adams St. Pierre. 2005. Writing: A method of inquiry. In The Sage handbook of qualitative research, ed. N.K. Denzin, and Y.S. Lincoln. Thousand Oaks: Sage.
Smart, Carol. 2007. Personal life: New directions in sociological thinking. Cambridge: Polity.
Stark, Evan. 2007. Coercive control: How men entrap women in personal life. New York: Oxford University Press.
Stark, Evan. 2009. Rethinking custody evaluation in cases involving domestic violence. Journal of Child Custody 6 (3): 287–321.
Tolmie, Julia, Vivienne Elizabeth, and Nicola Gavey. 2009. Raising questions about the importance of father contact within current family law practices. New Zealand Law Review 4: 659–694.
Tolmie, Julia, Vivienne Elizabeth, and Nicola Gavey. 2010. Is 50:50 shared care a desirable norm following family separation? Raising questions about current family law practices in New Zealand. New Zealand Universities Law Review 24 (1): 136–166.
Upton-Davis, Karen. 2015. Subverting gender norms of cohabitation: Living apart together for women over 45. Journal of Gender Studies 24 (1): 104–116.
Varcoe, Colleen, and Lori G. Irwin. 2004. “If I killed you, I’d get the kids”: Women’s survival and protection work with child custody and access in the context of woman abuse. Qualitative Sociology 27 (1): 77–99.
Villalobos, Ana. 2015. Compensatory connection: Mothers’ own stakes in an intensive mother-child relationships. Journal of Family Issues 36 (14): 1928–1956.
Wallbank, Julie. 1998. Castigating mothers: The judicial response to ‘wilful’ women in disputes over paternal contact in English law. Journal of Social Welfare and Family Law 20 (4): 357–376.
Watson, Laurel B., and Julie R. Ancis. 2013. Power and control in the legal system: From marriage/relationships to divorce and custody. Violence Against Women 19 (2): 166–186.
Acknowledgements
This article is dedicated to the twelve women who spoke with me about their experiences of loss, as well as to all of the other women who would have liked to have spoken formally to me about but could not face the ordeal. Your obvious love for your children and desire to protect them was and remains inspiring.
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Elizabeth, V. Custody Stalking: A Mechanism of Coercively Controlling Mothers Following Separation. Fem Leg Stud 25, 185–201 (2017). https://doi.org/10.1007/s10691-017-9349-9
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DOI: https://doi.org/10.1007/s10691-017-9349-9