Abstract
Following parental separation, child custody decisions continue to be made on the basis of the discretionary best interests of the child. The current study explored mothers and fathers (N = 40) in family violence, or high conflict past two years post separation, and their experiences within the Australian family law system. A thematic analysis was conducted on the interviews of separated mothers and fathers. Results revealed that the experience of engaging with the Australian family law system caused considerable anxiety and distress for these separated parents. Principal themes related to: (a) gendered narratives; (b) parents’ concerns not been taken seriously; (c) perceived inadequacies in knowledge or competence of experts and decision makers in relation to family violence; and (d) coercion from some professionals within the family law system. These cumulative experiences tentatively pointed to an aftermath of long-term emotional and psychological trauma, not only for separated mothers and fathers, but also children in their care.
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