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  1. Between a Rock and a Hard Place: Resident Mothers and the Moral Dilemmas they Face During Custody Disputes. [REVIEW]Vivienne Elizabeth, Nicola Gavey & Julia Tolmie - 2010 - Feminist Legal Studies 18 (3):253-274.
    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 (...)
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  • “... He’s Just Swapped His Fists for the System” The Governance of Gender through Custody Law.Julia Tolmie, Nicola Gavey & Vivienne Elizabeth - 2012 - Gender and Society 26 (2):239-260.
    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 (...)
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  • Compromise on Parenting and Family Violence? Reforms to Canada’s Divorce Act.Robert Leckey - forthcoming - Feminist Legal Studies:1-22.
    This paper contributes to international feminist debates on shared parenting and family violence via reforms to Canada’s Divorce Act, in force since 2021. Looking backwards, it reviews parliamentary debates and early judicial discussions. The documentary review reads the reforms as an unstable compromise between calls from feminist voices and experts on family violence and from groups representing fathers. Family violence is now defined broadly and declared relevant to children’s welfare. But language in the statute may undermine its seriousness. Exposing the (...)
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