Please use this identifier to cite or link to this item: http://hdl.handle.net/1893/31160
Appears in Collections:Faculty of Social Sciences Journal Articles
Peer Review Status: Refereed
Title: Manipulation and Domestic Abuse in Contested Contact - Threats to Children's Participation Rights
Author(s): Morrison, Fiona
Tisdall, E Kay M
Callaghan, Jane E M
Contact Email: f.morrison@stir.ac.uk
Keywords: Child rights
participation
manipulation
alienation
domestic abuse
child contact
visitation
family law
Issue Date: Apr-2020
Citation: Morrison F, Tisdall EKM & Callaghan JEM (2020) Manipulation and Domestic Abuse in Contested Contact - Threats to Children's Participation Rights. Family Court Review, 58 (2), pp. 403-416. https://doi.org/10.1111/fcre.12479
Abstract: The United Nations Convention on the Rights of the Child has catalysed numerous jurisdictions to introduce new legal provisions to support children’s participation rights when child contact is contested. Despite this, children’s participation is frequently limited in practice, especially in contexts where children are perceived as vulnerable to a parent’s manipulation, even if there are allegations of domestic abuse. While ‘resist and refusal dynamics’ have yet to become mainstream terms in Scottish family law, ‘manipulation’ has become a common concern in cases of contested contact. Drawing on a Scottish empirical study on contested child contact in circumstances of domestic abuse, we interrogate the implications that the concept of manipulation has for children’s participation rights. The study involved separate in-depth interviews with 18 children and their 16 mothers. Findings point to concerns about upholding children’s participation rights, particularly in cases where children were depicted as “influenced” or “manipulated.” Through our analysis, we disentangle the problems professionals have when concerns about child manipulation and domestic abuse intersect. We argue that, when combined, allegations of manipulation and domestic abuse present a significant and serious risk to children’s participation rights. We find the legal construction of the child’s views as separate from the parental dispute to have unintended and serious consequences for children’s participation rights. We offer ways in which law and practice may evolve to ensure children’s participation rights in these contexts are both implemented and upheld.
DOI Link: 10.1111/fcre.12479
Rights: This item has been embargoed for a period. During the embargo please use the Request a Copy feature at the foot of the Repository record to request a copy directly from the author. You can only request a copy if you wish to use this work for your own research or private study. This is the peer reviewed version of the following article: Morrison, F., Tisdall, E.K.M. and Callaghan, J.E.M. (2020), Manipulation and Domestic Abuse in Contested Contact – Threats to Children's Participation Rights. Family Court Review, 58: 403-416, which has been published in final form at https://doi.org/10.1111/fcre.12479. This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for self-archiving.

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