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Theoretically my research is placed in three fields: gendered violence research, the
sociology of law and critical family research. Research on gendered violence shows in
this study particularly in emphasizing the position of the victim, in underlining the consequences
of violence and in that the gender of the parent is a pervading element
throughout the analysis. By combining the sociology of law and critical family studies
have arrived at seeing the institutions involved in child custody disputes, most importantly
courts of law and social services, as societal actors producing in their practices
family life, parenthood and childhood – and their relationship to violence occurring in
families.
Research questions, data and method
My approach to the issues of parenthood and violence is institutional, because my research
focuses on the activities of public authorities in particular. The research data consist
of case documents produced on child custody disputes handled in court and the research
questions have been formulated in relation to the data.
My research questions are as follows:
a) How do the authorities involved in child custody disputes handle the issues of
alleged violence in families during litigation?
b) What kinds of decisions are made in child custody dispute cases during which
the potential violent behaviour of one parent or both parents has been raised?
c) What kinds of conceptions of violence do judges and social workers present in
case documents concerning child custody disputes?
d) How is potential child sexual abuse dealt with in the custody dispute process and
what kinds of meanings is it given?
The data consist of the case files on 158 child custody dispute cases, which I have collected
from three district courts and four courts of appeal in various places around
Finland in the period 2001–2003. The Finnish legislation on child custody and visitation
practices has not changed between the end of the mentioned period and the completion
of this dissertation. I selected the cases on the basis that in them allegations of physical
violence inflicted by one parent or both parents, threats of violence or child sexual
abuse have been entered into the case files.
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