Is There an Ideology of Motherhood in (Post)Modern Child Custody Law?

Abstract

The concept of the ideology of motherhood is crucial to much early feminist work on child custody law. This ideology of motherhood consisted of a set of “common-sense” expectations, described by the author. The ideology of motherhood assisted in understanding why a field where women (since the death of paternal custody) appeared to “succeed” -- statistically end up with custody of children more often then men -- could be problematic from a feminist perspective. The author reviews the ideology of motherhood in the context of child custody and access law and examines challenges to its utility in the analysis of women’s oppression. The author suggests ways in which the ideology of motherhood continues to resonate as a conceptual tool, despite documented shifts in its context and application in this legal field. Ways in which the shifting and enlarge concept of access produces disciplining effects on mothers are highlighted. The complexity of finding a strategy capable of challenging the numerous difficulties arising for modern mothers, without reinforcing essentialist gender roles, is reviewed