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The talk on abuse is remarkably often about argumentation by using uncertainties, possibilities
and probabilities.
Conclusions
In summary, my conclusions of these data consisting of case documents is that the handling
of physical violence and child sexual abuse in child custody disputes is unsystematic,
inaccurate and sometimes belittling. Why is it so difficult to assess the use of violence
and to directly intervene when children and parenthood are concerned? Why does
it seem like sometimes experiences of violence or a possibility of sexual abuse are quietly
accepted as part of children’s family life?
The problems of the authorities in dealing with violence in child custody disputes
can be placed in two different contexts. First, it is fruitful to approach the issue in the
context of the family law, which in practice has a significant impact on the activities of
the authorities. Second, another possibility to deal with it is to see the arrangements for
child custody and visitations as part of the Finnish welfare state and the stand it takes on
violence.
Family law in both Finland and many other western countries emphasizes the right
of the children to both parents. In addition, amicable relationships between parents are
considered important. Theoretical analyses argue that this line of thinking is based on a
strong nuclear family ideology, according to which the original and biological bonds of
children need to be stable and continuous, even if their forms change in practice after
divorce. After divorce, parenthood does not cease to exist but continues to maintain the
“family”. Researchers remind us that, in this context, violence is basically a marginal
problem. My own research supports the idea of a marginal position of violence in the
activities of authorities concerning custody and visitation practices. Violence and child
sexual abuse also pose a challenge, because they question the main principles of legislation.
Problems in encountering violence can also be placed in a larger context, the context
of the welfare state. According to studies, the Finnish welfare state has not taken
clear responsibility for violence but rather tolerated it for long. The ramifications of violence
to its victims have also been identified at a fairly slow pace. Slow reacting to the
problem of violence can also be seen in the attitudes in society towards violence experienced
by children and the young. Statistics are not compiled on it, and paying attention
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