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	<title>SpeakOutLoud about psychological abuse &#187; Child custody</title>
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	<description>See the power and control, free your mind, open your heart, live fully</description>
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		<title>Language women should use in the Family Court</title>
		<link>http://speakoutloud.net/child-custody/language-of-resistance-in-family-court</link>
		<comments>http://speakoutloud.net/child-custody/language-of-resistance-in-family-court#comments</comments>
		<pubDate>Tue, 13 Apr 2010 11:01:58 +0000</pubDate>
		<dc:creator>Clare Murphy PhD</dc:creator>
				<category><![CDATA[Child custody]]></category>
		<category><![CDATA[Empowering language]]></category>
		<category><![CDATA[Helping women]]></category>
		<category><![CDATA[Institutional abuse]]></category>
		<category><![CDATA[Legal issues]]></category>
		<category><![CDATA[Codependency]]></category>
		<category><![CDATA[Family Court Judges]]></category>
		<category><![CDATA[Lawyers]]></category>

		<guid isPermaLink="false">http://www.speakoutloud.net/?p=876</guid>
		<description><![CDATA[Many women feel like failures because they have not stopped the man they love from psychologically abusing and controlling them Most women who attend counselling – to come to terms with their partner’s psychologically abusive and controlling behaviours – often beat up on themselves saying: “I let it happen” and “I feel like I’ve failed”. Women [...]]]></description>
			<content:encoded><![CDATA[<p></p><h2><span style="color: #99cc00;">Many women feel like failures because they have not stopped the man they love from psychologically abusing and controlling them</span></h2>
<p>Most women who attend counselling – to come to terms with their partner’s psychologically abusive and controlling behaviours – often beat up on themselves saying: “I let it happen” and “I feel like I’ve failed”.</p>
<h2><span style="color: #99cc00;">Women talk about the effects and impact of abuse and control</span></h2>
<p>Women describe feeling emotionally beaten down, shame, guilt, anger, sadness, depression, lack of confidence, insecure, discouraged, defeated, desperate, fearful, anxious and full of dread. They talk about being codependent, having self-doubt, a low belief in their abilities, confused, a feeling of going insane and an inability to concentrate. This brief list can lead Family Court Judges, lawyers, psychologists and other supporters of female victims to interpret the effects and impacts of abuse as equivalent to passivity, incompetence, and poor mental health. So what can women and their supporters do to combat this social problem?</p>
<h2><span style="color: #99cc00;">It is necessary to uncover ways women actively resist abuse</span></h2>
<p>Women continually use multiple strategies to resist being controlled and psychologically abused by male partners.</p>
<p>Women seek advice and help from others, they strategically subordinate or silence themselves, purposefully choose not to state their beliefs and opinions, consciously choose when to stay quiet and when to assert themselves – all to avoid further abuse.</p>
<p>If a man who persistently attempts to control his partner pressures her not to work, and she defies this by going to work, regardless of abusive repercussions, this act of resistance shows that the woman does not “let abuse happen”.</p>
<p>Women may do things to please their partner that they might not ordinarily do, they may ignore his behaviour, or they may cry as a way of showing they refuse to be content with being verbally abused and emotionally manipulated. Yet other women refuse to cry with the aim of not giving the abusive man the pleasure.</p>
<p>These acts of resistance prove women do not have low self-esteem, rather women resist abuse because they <em>do</em><em> esteem themselves</em>. Women who defiantly talk to a male colleague at a party, despite their partner badgering them to stay away from all men, and women who refuse to obey their partner’s rigid rule that dinner should be on the table at 5 o’clock sharp every night, are refusing to be dictated to. These acts of resistance do not entail letting abuse happen. The abuse happens because, the man who is hell bent on controlling his partner, is violating her needs and boundaries.</p>
<p>Many women resist being controlled by lying about where they’re going, by sneaking out, by not telling their husband where they are going, or who they are having coffee with. These are acts aimed at preserving autonomy, independence and freedom.</p>
<p><strong>Canadian Family Therapist, Dr Allan Wade, along with his colleagues, have researched and written some splendid articles that give an empowering spin to the language women use to describe the impact of being abused . . .</strong></p>
<p><em>“Despair”</em> is usually considered to be a negative effect of abuse. However, Wade and colleagues suggest that <em>“despair”</em> actually suggests that the victim of abuse is hoping for, or calling for, change.</p>
<p><em>“Sleeplessness”</em> is generally labelled the problem to be solved. However, lying awake at night worrying about the crazy-making mind-games her partner is playing, is actually a strategy of resistance. In other words this kind of <em>“wakefulness”</em><em> is refusing to be content with being emotionally abused and controlled.</em></p>
<h2><span style="color: #99cc00;">Using the “language of resistance” in the Family Court</span></h2>
<p>When women write affidavits aimed at helping them win custody of their children, it is common to write the negative effects, or impacts, resulting from the man’s psychologically abusive and controlling behaviours. However, Allan Wade and his colleagues&#8217;s research shows that, <strong>b</strong><strong>y women saying they have low-self esteem, depression, anxiety, stress, etc., this language can feed into stereotypes that women victims of abuse are not capable of resisting abuse, or of maintaining custody of their children.</strong></p>
<p><span style="color: #ff6600;"><strong>Allan Wade PhD, and his colleagues, strongly suggest that women and their supporters include information in written court documents about all the ways the woman has resisted, and continues to resist, each and every form of abuse by their partner</strong></span>. Rather than asking the woman how the abuse impacted, or effected her, instead ask how she responded when her partner did xyz. <strong><em>Ask her what she did</em></strong> when he said, or did, xyz. <strong>The woman’s answers to this will represent her as active and competent.</strong></p>
<h2><span style="color: #99cc00;">How women resist abuse depends on the context</span></h2>
<p>Women do not use the same strategy of resistance in response to abuse and control every time. Rather women decide which situation best suits which kind of resistance – always with the aim of keeping herself safe and sane, and with the aim of reducing or stopping the abuse and control.</p>
<h2><span style="color: #99cc00;">Any small act of resistance is a sign of success</span></h2>
<p><strong>Just because a woman has not been able to stop the man’s abusive and controlling behaviours does not mean she has “let the abuse happen”.</strong> The fact that she has engaged in hours, months and years of subtle, and not-so-subtle, strategies of resistance, means she has successfully mustered up chunks of control over her own life – no matter how tiny that sense of control may feel. It means she has succeeded at not allowing her partner to have 100% control over her decisions, her actions, her secret thoughts, hopes and dreams. It means she has grabbed some form of self-preservation that she has refused to allow him to steal from her. <span style="color: #ff6600;"><strong>What women <em><span style="text-decoration: underline;">do</span></em> to resist abuse is a sign that they are capable of maintaining custody of their children.</strong></span></p>
<h3><span style="color: #99cc00;">References:</span></h3>
<ul>
<li>Campbell, Jacquelyn C., Rose, Linda E., Kub, Joan, &amp; Nedd, Daphne. (1998). Voices of strength and resistance: A contextual and longitudinal analysis of women&#8217;s responses to battering. <em>Journal of Interpersonal Violence, 13</em>, 743-762.</li>
<li>Coates, Linda, &amp; Ridley, Penny. (2009). Representing victims of sexualized assault. In E. Faulkner &amp; G. MacDonald (Eds.), <em>Victim no more: Women&#8217;s resistance to law, culture and power</em>. Halifax &amp; Winnipeg: Fernwood Publishing.</li>
<li>Coates, Linda, &amp; Wade, Allan. (2004). Telling it like it isn&#8217;t: Obscuring perpetrator responsibility for violent crime. <em>Discourse &amp; Society, 15</em>, 499-526.</li>
<li>Coates, Linda, &amp; Wade, Allan. (2007). Language and violence: Analysis of four discursive operations. <em>Journal of Family Violence, 22</em>, 511-522.</li>
<li>Renoux, Martine, &amp; Wade, Allan. (2008). Resistance to violence: A key symptom of chronic mental wellness. <em>Context, June</em>, 2-4.</li>
<li>Todd, Nick, Wade, Allan, &amp; Renoux, Martine. (2007). Coming to terms with violence and resistance.   Retrieved 25 March, 2010, from <span style="text-decoration: underline;"><a href="http://www.yaletownfamilytherapy.com/tcpapers/allanwade02.pdf">http://www.yaletownfamilytherapy.com/tcpapers/allanwade02.pdf</a></span></li>
</ul>
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		<title>Why do so many women lose custody battles?</title>
		<link>http://speakoutloud.net/child-custody/women-lose-custody-battles</link>
		<comments>http://speakoutloud.net/child-custody/women-lose-custody-battles#comments</comments>
		<pubDate>Mon, 22 Mar 2010 23:40:14 +0000</pubDate>
		<dc:creator>Clare Murphy PhD</dc:creator>
				<category><![CDATA[Child custody]]></category>
		<category><![CDATA[Institutional abuse]]></category>
		<category><![CDATA[Power and control]]></category>
		<category><![CDATA[Social influences]]></category>
		<category><![CDATA[Family Court Judges]]></category>

		<guid isPermaLink="false">http://www.speakoutloud.net/?p=865</guid>
		<description><![CDATA[Why are so many women who are psychologically abused and controlled by male partners losing court battles for custody of their children? There are two cruxes of men’s intimate partner abuse – gender and power. The way that power operates in our society underpins domestic violence and family court judges&#8217;s decisions. Whether men deliberately aim [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>Why are so many women who are psychologically abused and controlled by male partners losing court battles for custody of their children?</p>
<h2>There are two cruxes of men’s intimate partner abuse – gender and power.</h2>
<h3>The way that <em>power</em> operates in our society underpins domestic violence and family court judges&#8217;s decisions.</h3>
<p>Whether men deliberately aim to gain and maintain power and control or not, this is the effect on women. If you look at the hierarchies of power and control in nearly every social setting, from kindergartens, workplaces, universities and governments, you will see that the misuse of power and control in an intimate relationship is not a symptom of that one relationship – but reflects a wider social problem.</p>
<p>When John Howard was Australia’s Prime Minister, his political party pulled the plug on the airing of challenges against psychological abuse and power and control in a national public multi-media campaign. After a three-year market research project, costing the Australian government at least $3.53 million, the government withdrew the launch of the campaign at the last minute. The campaign slogan was going to be “No Respect, No Relationship”, but a new campaign was quickly developed to replace this with the slogan “Violence Against Women, Australia Says No”. The function of the original campaign was to help people understand that psychologically controlling forms of abuse, as well as physical and sexual abuse, are inappropriate ways for men to relate to women. The new campaign only depicted images of physical violence and rape. The new slogan had no bearing on what men do, rather only stated the government’s position. The Prime Minister stated in the foreword to the booklet that went to all Australian homes, that the government’s role was not “to tell people how to live their lives; our personal relationships are private”.</p>
<h3>The way that <em>gender</em> operates in our society underpins domestic violence and family court judges&#8217;s decisions.</h3>
<p>When you examine gender hierarchies, men are generally considered superior to women. There are hierarchies amongst men that consider some men to be more superior than other men – for example white middle class heterosexual men are considered to have greater social kudos and are often given more respect than black working class homosexual men. People at the top of hierarchies are often talked about in positive terms and people at the bottom are often blamed for being lazy, bludging, sick, irresponsible, bad people. These are gross stereotypical generalisations – but nonetheless hold sway in the public mind – and the minds of court judges.</p>
<p>Domestic violence is usually discussed in terms of who is responsible and who is to blame. Even if the man did use physical or sexual violence, public attitudes tend towards justifying, excusing, minimising or hiding men’s violence against women. Psychological abuse and non-physical tactics of control are already hidden and often so subtle, even the woman victim is not able to articulate what’s going on.</p>
<p>Public attitudes often consider men’s control over female partners as men’s legitimate right to uphold their male position as head of the house – thereby what they say goes. Women are perceived as provoking abuse and are held responsible for preventing or stopping it. These attitudes, along with the myth that it take two-to-tango and that men’s abuse is a symptom of the relationship, play a role in family court judges’s decisions.</p>
<p>Many judges collude with male perpetrators – especially middle to upper class men – they may engage in banter about sport for instance and the judge may rule in favour of the man. I read an example of this and in the end the judge dismissed the woman’s need for protection. The man later murdered his ex-partner. This killing might have been prevented if it was not for the judge being influenced by the dominant idea that domestic violence only occurs amongst working class groups or amongst non-white races.</p>
<p>Public attitudes and the structures of gender and power in our society play a major role in why family court judges make particular rulings. This means many women lose custody of their children despite their male partner having engaged in years of ongoing systematic damaging tactics of power and control.</p>
<p>I will write a blog soon about possible ways women can represent themselves in court documents and verbally in court – ways that do not play into stereotypes of passive, pathetic, mad, female victims.</p>
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		</item>
		<item>
		<title>Abusers gain custody of children</title>
		<link>http://speakoutloud.net/child-custody/abusers-gain-custody-of-children</link>
		<comments>http://speakoutloud.net/child-custody/abusers-gain-custody-of-children#comments</comments>
		<pubDate>Fri, 19 Feb 2010 20:36:11 +0000</pubDate>
		<dc:creator>Clare Murphy PhD</dc:creator>
				<category><![CDATA[Child custody]]></category>
		<category><![CDATA[Institutional abuse]]></category>
		<category><![CDATA[Legal issues]]></category>

		<guid isPermaLink="false">http://www.speakoutloud.net/?p=847</guid>
		<description><![CDATA[On this PBS video you will hear children talking about the impact of domestic violence and the failure of the court system to honour their needs and keep them safe. You will also see domestic violence and legal professionals describe the all too common fact that justice is not being done in favour of many many [...]]]></description>
			<content:encoded><![CDATA[<p></p><p>On this PBS video you will hear children talking about the impact of domestic violence and the failure of the court system to honour their needs and keep them safe. You will also see domestic violence and legal professionals describe the all too common fact that justice is not being done in favour of many many children.</p>
<p>This is a vast problem that reflects the interplay between male abusers&#8217; use of children as weapons against women to maintain power and control, and to maintain what they consider to be their &#8220;rightful&#8221; position as head of the family. Plus . . . it reflects the support for such abuse by some professionals who are either ill-informed about the realities of psychological control, or who intentionally support men&#8217;s right to have power over women and children.</p>
<p>If you need help with child custody issues please read my suggestions <a href="http://www.speakoutloud.net/questions/" target="_blank">here</a>.</p>
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