Publication Cover
Journal of Child Custody
Applying Research to Parenting and Assessment Practice and Policies
Volume 7, 2010 - Issue 1
1,316
Views
35
CrossRef citations to date
0
Altmetric
Original Articles

The Gender Paradigm in Family Court Processes: Re-balancing the Scales of Justice From Biased Social Science

, &
Pages 1-31 | Published online: 17 Feb 2010
 

Abstract

Because of a reliance on women's shelter samples extrapolated to community or custody samples, both Jaffe, Johnston, Crooks, and Bala (Citation2008) and J. B. Kelly and Johnson (Citation2008) have developed a misleading evaluative framework for custody assessors, one that maintains a focus exclusively on males as perpetrators of family violence to both their spouses and children. We present extensive research to challenge and contradict this gender paradigm framework. Since custody assessments typically involve conflicts between a male and a female, generic assumptions favoring either gender must be avoided if justice is to prevail. The gender paradigm sets a framework for evaluation that is inconsistent with social science studies, many of which are unreported by J. B. Kelly & Johnson and by Jaffe et al. The implications of the gender paradigm for custody assessment are discussed and a more balanced view, consistent with the research literature, is proposed.

Notes

Controlling/jealous behaviors were defined as: “Prevents you from knowing about or having access to family income even when you ask”; “Prevents you from working outside the home”; “Insists on knowing who you are with at all times”; “insists on changing residences even when you don't want or need to”; “Tries to limit your contact with family and friends.”

In some cases, such maternal supremacy may still be based on a couple having had a homemaker/breadwinner division of primary parental roles within the intact family. However, when both parents have worked outside the home and fathers have had more direct, hands-on involvement—including, in traditionally maternal modes of parenting—functional post-separation co-parenting should no longer automatically be expected to depend on the father taking instruction from the mother.

Log in via your institution

Log in to Taylor & Francis Online

PDF download + Online access

  • 48 hours access to article PDF & online version
  • Article PDF can be downloaded
  • Article PDF can be printed
USD 53.00 Add to cart

Issue Purchase

  • 30 days online access to complete issue
  • Article PDFs can be downloaded
  • Article PDFs can be printed
USD 394.00 Add to cart

* Local tax will be added as applicable

Related Research

People also read lists articles that other readers of this article have read.

Recommended articles lists articles that we recommend and is powered by our AI driven recommendation engine.

Cited by lists all citing articles based on Crossref citations.
Articles with the Crossref icon will open in a new tab.