3.8 Article

Penalizing women's fear: intimate partner violence and parental alienation in Canadian child custody cases

Journal

JOURNAL OF SOCIAL WELFARE AND FAMILY LAW
Volume 42, Issue 1, Pages 80-91

Publisher

ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD
DOI: 10.1080/09649069.2020.1701940

Keywords

Canada; intimate partner violence; parental alienation; best interests of the child

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This paper explores Canadian family law cases involving claims of parental alienation and of family violence from 2014-2018, reporting the data on these claims, their resolution, and their impacts upon custody and access. A close reading of those cases where both alienation and intimate partner violence claims are made reveals troubling patterns in how intimate partner violence is discounted in this context. We suggest that the rise of shared parenting as a dominant normassists in understanding why alienation has achieved such unquestioned status, and call for greater focus on safety and women's and children's voices.

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