U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

The System Had Choked Me Too": Abused Mothers' Perceptions of the Custody Determination Process That Resulted in Negative Custody Outcomes

NCJ Number
304474
Journal
Journal of Interpersonal Violence Volume: 36 Issue: 9-10 Dated: 2021 Pages: 4310-4334
Author(s)
L. Khaw; et al
Date Published
2021
Length
25 pages
Annotation

Using constructivist grounded theory techniques, we conducted a qualitative analysis of interviews with 24 abused mothers with negative custody outcomes to understand how they perceive and make sense of the process as a whole, and how they cope with these outcomes.

Abstract

Intimate partner violence (IPV) is a public health problem that continues to affect abused mothers after separation from an abusive partner. In addition to the risk of ongoing control and violence by abusers, the custody determination process may present challenges for mothers who end up with negative custody outcomes (e.g., share custody with abusers or lose custody). In the current study, the custody determination process was reportedly complex and stressful, and most mothers did not anticipate a negative custody outcome. Mothers’ perceptions and experiences followed three phases: “trusting “the system” to protect them and their children, adapting to “the system” in search of positive outcomes, and, once custody decisions were determined, coping with the aftermath of the judicial system process, either by accepting or resisting the outcome. This study echoes previous calls for further training and policies that make the custody determination process less burdensome and harmful for survivors and their children. (Publisher Abstract)