Systematic bias may sway family courts and affect parental rights, particularly for fathers
A new study is exposing how race, gender, and religion intersect to create inequities in custody cases with biases—including racism, Islamophobia, and sexism—often shaping outcomes to the detriment of fathers and their children.
in Discover Psychology, the new research sheds light on the pervasive and systemic biases influencing family court decisions, particularly against racialized fathers from South Asian and Middle Eastern/North African backgrounds, who can be seen as controlling, abusive or resistant to cultural assimilation. The small-scale study found biases often lead to unjust custody outcomes, harming both the fathers and their children.
Key findings from the study led by Dr. Monnica Williams, a Full Professor in the Faculties of Social Sciences and Medicine, reviewed three court cases across North America and found:
- Stigmatization through stereotypes: Racialized fathers were frequently perceived as authoritarian, dangerous, or unfit due to culturally biased assumptions and Islamophobic beliefs. Cultural stereotypes are weaponized to discredit fathers.
- Parental alienation and abuse allegations: Claims of abuse by mothers were often dismissed or inadequately investigated, while allegations of alienation against fathers were prioritized, leading to unjust custody rulings.
- Mental health and trauma: Fathers faced additional stigma when mental health challenges, such as depression or PTSD, were weaponized against them in court.
- Harm to children: The systemic undervaluation of non-White fathers' roles led to decisions that undermined the welfare of children. Delayed judgments exacerbated harm to children and weakened relationships with non-custodial parents.
Professor Williams, who is Canada Research Chair in Mental Health, and her co-authors—fellow Faculty of Medicine professor Sonya Faber and Doctoral student Manzar Zare plus Rehman Y. Abdulrehman of the University of Manitoba and Theresa Baker—are calling for systemic reforms, including bias training for judges, attorneys, and custody evaluators, and the use of evidence-based assessments to ensure fair outcomes.
More information: Monnica T. Williams et al, Intersectional racial and gender bias in family court, Discover Psychology (2024).
Provided by University of Ottawa
