Differentiated experiences in child custody decision-making: The parent perspective

Objectives This presentation reflects a phenomenological study with eighteen parents about their perceptions and experiences in child custody decision-making, noting the complexities and differentiated experiences; low... [ view full abstract ]

Objectives
This presentation reflects a phenomenological study with eighteen parents about their perceptions and experiences in child custody decision-making, noting the complexities and differentiated experiences; low conflict, high conflict and domestic violence. These differentiated experiences require differentiated responses, not yet reflected in Canadian legislation.
Using a critical approach, the parent voices clearly articulate their differentiated experiences and ways in which legislation impacts their experiences, allowing those without power to draw attention to those in power.
Method
This study is guided by Manen’s application of phenomenology to better understand how parents perceive or make meaning of their experiences in child custody decision-making. Convenience sampling is the sampling method. I conducted one-on-one in person interviews with participants, and followed-up with a process of member checking. I used the thematic analysis framework by Braun and Clark (2006) to analyze the data from the study.
Results
Two separate analysis; one whole participant group, and one subgroup, reveal differentiated experiences of child custody decision-making for parents in this study. A major difference in participant data across codes, categories and themes for men and women appears through a feminist lens where violence is a factor.
A critical view of the study findings and provides another understanding of the parent experience of child custody decision-making, empowering, oppressive, or both, putting into perspective their acts of resistance to structural barriers. These acts of resistance, are avenues for change and demonstrate a pathway for those with seemingly little power to challenge legislation.
Conclusions
The results from this study have implications for legislative reform that need to be reflective of parents’ differentiated experiences, separating out experiences of low conflict, high conflict and domestic violence. The study findings illuminate the tensions in Canadian child custody legislation and presumptions of shared parenting as they relate to differentiated parent experiences.