Post-separation Parenting: A Study of Separation and Divorce Agreements Made in the Family Law Circuit Courts of Ireland and their Implications for Parent-child Contact and Family Lives

Mahon, Evelyn; Moore, Elena

doi:10.1037/e530842013-001

Cited by 3 publications

(2 citation statements)

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“…Contra to this, available evidence suggests that children do not do well if their home lives are marked by parental conflict (Bancroft et al, 2011). The findings of a pro-access philosophy concur with previous ethnographic studies in Irish courtrooms (Coulter, 2009; Mahon and Moore, 2011) which identified joint custody as the idealised post-separation family configuration by judges.…”

Section: Discussionsupporting

confidence: 86%

‘Ordinary decent domestic violence’: A discursive analysis of family law judges’ interviews

Naughton

O'Donnell

Greenwood

et al. 2015

Discourse & Society

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The present study examined judges' constructions of the 'best interests of the child' in child custody and access arraignments where there were allegations of domestic violence within the context of an interview. Using interviews with six Irish District court judges a microstructural discourse analysis enabled the identification of socio-cultural discourses, scientific knowledge, and judges' own values beliefs and bias about custody arraignments in cases of domestic violence. Judges' discourses were shaped by an idealisation of the nuclear family unit which resulted in a pro-access philosophy (theme 1). The knowledge that domestic violence had occurred challenged this ideology and, to rhetorically manage this dilemma, judges' talk normalised, or trivialised abusive parents' behaviour, which rendered domestic violence irrelevant to child custody and access (theme 2). Mothers who alleged domestic violence when they disputed contact between fathers and their children were pathologised through talk (theme 3). It is recommended that systems be put in place, including judicial training, to facilitate judges in their decision making process in this highly discretionary and complex area of the law.

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Section: Discussionsupporting

confidence: 86%

‘Ordinary decent domestic violence’: A discursive analysis of family law judges’ interviews

Naughton

O'Donnell

Greenwood

et al. 2015

Discourse & Society

View full text Add to dashboard Cite

show abstract

“…There were three reasons for choosing to focus on men’s experience for this article. First, fathers are the parents who are more likely to move out following marital separation and divorce (Kitson, 1992; Mahon & Moore, 2011). Second, men are more likely to receive a barring or protection order and be removed from the family home (Horgan, 2011).…”

Section: Methodsmentioning

confidence: 99%

Delaying Divorce

Moore

2016

Journal of Family Issues

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A period of separation is a ground for divorce in some countries. During this waiting period, some parents live apart in two separate residences, while other parents live apart in one residence. In this article, I examine the experiences of fathers who remain living in the same residence as their former partners and the experiences of a number of fathers who had to move out of the family home and live in a separate residence after the decision to separate. The findings show that restrictive divorce policies that delay divorce potentially create a situation of prolonged boundary ambiguity which complicate the process of renegotiating boundaries between parenting and former spousal relationships on divorce. The article argues that for a sample of divorced fathers, the policies that require a prolonged waiting period relate in some way to issues of unclear boundaries.

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Denied Contact of Sepedi-Speaking Fathers with Their Children after a Relationship Break-Up

Matjila

Wilson

2021

Journal of Divorce & Remarriage

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Post-separation Parenting: A Study of Separation and Divorce Agreements Made in the Family Law Circuit Courts of Ireland and their Implications for Parent-child Contact and Family Lives

Cited by 3 publications

References 0 publications

‘Ordinary decent domestic violence’: A discursive analysis of family law judges’ interviews

‘Ordinary decent domestic violence’: A discursive analysis of family law judges’ interviews

Delaying Divorce

Denied Contact of Sepedi-Speaking Fathers with Their Children after a Relationship Break-Up

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