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Child Custody Justice

By Lundy Bancroft.

Our society is currently giving mothers a powerful and crazy-making mixed message. First, it says to mothers, “If your children’s father is violent or abusive to you or to your children, you should leave him in order to keep your children from being exposed to his behavior.” But then, if the mother does leave, the society many times appears to do an abrupt about-face, and say, “Now that you are split up from your abusive partner, you must expose your children to him. Only now you must send them alone with him, without you even being around anymore to keep an eye on whether they are okay.”

What do we want? Do we want mothers to protect their children from abusers, or don’t we?

The sad result of this double-bind is that many mothers who take entirely appropriate steps to protect their children from exposure to abuse are being insulted by court personnel, harshly and unethically criticized and ridiculed in custody evaluations and psychological assessments, and required to send their children into unsupervised contact or even custody with their abusive fathers. And sometimes these rulings are coming in the face of overwhelming evidence that the children have both witnessed abuse and suffered it directly, evidence that would convince any reasonable and unbiased person that the children were in urgent need of protection. Family courts across the US and Canada appear to be guilty day in and day out of reckless endangerment of children.

Fortunately, there are also many women who do succeed in keeping their children safe post-separation. Some manage to persuade judges to grant the mother appropriate right to keep her children safe. Others lost in the early stages but do better later, as the abuser finally starts to show his true colors over time. Some women find that they succeed best by staying out of court, and using other methods to protect their children, such as waiting for the abuser to lose interest and drop out, or moving some distance away so that he will tire. Some women find that what works best is to focus on involving their children in supportive services, connecting them to healthy relatives, and teaching them to think critically and independently, so that they become strong children who see through the abuse and manipulation.

There is no formula that works for everyone. What strategies will work best for you depends on what your local court system is like, how much support you are receiving from friends and relatives, how much internal strength your children have, and how much (or how little) damage the abuser has already succeeded in doing to your relationships with your children. And each abuser is different. Some, for example, can be placated if they feel like they have won, and will gradually drift off, while others will never be satisfied with anything less than completely alienating children from their mother. Lawyers can advise you on court strategy, therapists can share their insight into children’s injuries and healing processes, but ultimately you have to rely most on your own judgment, because you are the only expert on the full complexities of you specific situation.

As you make your way ahead, I hope you will put a high priority on taking good care of yourself. Seek out kind, supportive people who are good listeners. Nurture your friendships and family relationships. Try to step through the stress long enough each day to spend some time showering your children with love if they are with you, and make sure to play with them, not just look after their needs. Notice what you have already done well, as a parent and as an advocate for your children. Give yourself credit for your own strength, and celebrate the fact that your mind is getting free of the abuse, even if your children are not free yet. Cry out your sorrows when you need to, sob into a pillow behind a closed door so you won’t upset your children, but do sob, because your heart needs the cleansing relief of those tears. And then build on your strengths and accomplishments to keep fighting.

I wish the “justice system” dispensed justice, but where it comes to child custody litigation involving abusive fathers, outcomes are mixed at best. With adequate knowledge and planning, and especially if you are among the fortunate mothers who are able to obtain competent legal representation from a lawyer who understands what abusers are like as parents, you may be able to keep your children on the path to healing. If your case goes poorly, there are still ways that you can help your children feel your love and support surrounding them, and give them the strength to survive their father’s destructiveness. But regardless of the outcome you experience personally, you might want to keep the following points in mind:

  • The custody system in the US and Canada is broken. You are not the only person who has experienced unhealthy and biased responses, and you are not the crazy, paranoid, vindictive person they may be painting you as.
  • Other women need your help to change that system, so that protective mothers start receiving proper respects for their rights and their children’s rights.

Depending on where your own case stands currently, you may have trouble imagining any involvements right now beyond your day-to-day survival, and your efforts to keep your children functioning. But involvement in social change efforts is not necessarily separate from personal healing. Many women have found that when they become active in the protective parents movement, raising their voices loudly for the custody rights of mothers who have been battered or whose children have been sexually abused, their own healing leaps forward. Breaking down personal isolation sometimes goes hand in hand with breaking down political isolation. So I offer suggestions here not only for ways to carry on your own fight, but also for avenues to join forces with other women (and male allies) who are working for social justice, so that protective mothers and their children can stop being torn apart.

I want to express my personal gratitude to you for your efforts to protect your children from abuse, and to raise them into caring, kind, humane values. The whole world benefits when you fight for your children’s rights, and for their freedom. Protective mothers are some of our society’s most invisible and most important heroes, even while they are treated so often, in a bitter irony, as villains.

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