“When you Accept that There is No Logic”: Strategies Mothers Employ in Navigating the Custody System when Facing Legal Abuse
摘要
Family court proceedings in the aftermath of intimate partner violence are often sites where survivors face ongoing forms of abuse, including legal abuse—a tactic in which former partners manipulate custody proceedings to exert continued control. This study examines how mothers navigate custody systems that frequently fail to recognize or respond adequately to intimate partner and post-separation violence. It aims to identify and analyze the strategies women employ in the context of legal abuse and non-trauma-informed custody environments in Slovakia.
MethodsThe study reports on the thematic analysis of in-depth qualitative interviews with 27 women experiencing intimate partner violence engaged in custody disputes. Participants were recruited through specialized services supporting IPV survivors.
ResultsThe analysis identified five main strategies: resisting the system, playing the system, adapting to the system, accepting unfavorable outcomes, and harm reduction. These strategies are not linear or mutually exclusive; rather, women combine and shift between them depending on available resources, perceived risks, and the evolving custody context. Harm reduction, especially in relation to protecting children, emerged as an overarching strategy.
ConclusionThe study contributes to a growing body of international research on legal abuse and custody litigation, demonstrating how survivors resist, adapt, and strategize within an unsupportive institutional framework. The findings underscore the urgent need for custody systems to recognize intimate partner and legal abuse and to adopt trauma-informed practices that center the safety and agency of survivors and their children.