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. (shrink)

In this article, we investigate the state’s role in the reproduction of relations of male dominance between separated parents through custody law. We argue that three “logics” shape the current operation of family law—durability, gender neutrality and present/future temporality—such that custody law is not simply a mechanism of dispute resolution between parents; it is also a vehicle for the differential production, positioning, and regulation of mothers and fathers as postseparation parents. Drawing on interviews with 21 mothers, we show that the (...) outcome of the state’s governance of gender through custody law for women in dispute over care and contact arrangements is that nonresident fathers are able to engage in nonreciprocal exercises of power over resident mothers. The consequence for resident mothers is that nonresident fathers are able to legitimately use the law to threaten and coerce mothers, and to protect their interests and rights at the expense of mothers’ needs for and rights to security and autonomy. (shrink)

This article is based on interviews with a small number of cohabitants who are critical of conventional marriage. It examines some of the ways in which the distinction between heterosexual cohabitation and marriage is rendered in the New Zealand context. Culturally available distinctions, like that between cohabitation and marriage, are used in the production of resistant counterdiscourses. However, difference can be rewritten as deviance and in this form is central to the exercise of disciplinary power. Contextual shifts in the assertion (...) of a cohabitational self and a marital self contribute to the blurring of the distinction, further exposing the dilemmas of resistance based on difference. (shrink)

Recent scholarship has critiqued the tendency for separated mothers in custody disputes to be defined as hostile and alienating. Through the presentation of three case studies, drawn from an interview-based study with 21 women, we show how such pejorative constructions only arise when the conflicting gendered moral accountabilities of contemporary motherhood are overlooked. We found that mothers tend to believe that contact with non-resident fathers is generally in a child’s best interests. However, as a result of balancing complex moral obligations (...) for the care of their children, they may raise questions about particular kinds of arrangements for contact with particular fathers. We argue, therefore, that family law practice will lead to better outcomes for children when professionals listen to the history of, and reasons for, mothers’ positions. To enable family law professionals to undertake this task, we offer an alternative interpretive framework for making sense of women’s stories. Should family law professionals make use of this framework, it is likely that they will understand that the positions mothers adopt are often the outcome of the difficult moral dilemmas they encounter in caring for their children, and that the reductive rubric of the ‘hostile mother’ needs to be treated with scepticism. (shrink)