Coercive Control is Domestic Violence
“Coercive control is more predictive of fatality than extreme violence.” A quote by Lori Chambers, chair of Women’s Studies at Lakehead University writing about a wife batterer (Berry) who, post-divorce was given increasing access to his children by the B.C. Supreme Court and who in December 2017 murdered his 4 and 6 year old daughters. https://vancouversun.com/news/crime/ian-mulgrew-andrew-berrys-convictions-raise-child-protection-issues
“All of (Berry’s) behaviors were about controlling (his wife) and controlling the kids, and they were so obvious. Coercive control is more predictive of fatality than extreme violence. We know that. The stats are really clear. The fact that courts are still looking and saying, ‘Well, you’re not bruised, therefore you must be okay,’ is so archaic.” This quote is from an article in the UBC Law Review, a peer reviewed legal journal (Chambers, Zweep, & Verrelli, 2018). http://www.buildingabiggerwave.org/images/uploads/Paternal_Filicide_and_Coercive_Control_-_Cotton_v_Berry.pdf
The authors go on to frame their article around two erroneous and dangerous assumptions made by family court in custody cases: (1) abuse towards the mother does not make men bad fathers, just bad partners; and (2) contact with fathers, even abusive ones, is assumed to be in the best interest of the children.
These beliefs are widely held among the public, lawyers, and the entire judicial system to the point where they are central factors in deciding family law cases. The result being that in what is labeled, “high conflict” cases, (i.e. cases where the woman has experienced domestic abuse) family law is discriminatory against women. Trying to “prove” family violence (the legal term for domestic abuse against a partner) is extremely difficult even if there are police reports documenting physical violence. Making a case for emotional or financial abuse from the father toward his female partner is nearly impossible and deemed irrelevant in custody cases. Let’s examine each of the assumptions above more closely:
Assumption #1: Abuse towards the mother does not make men bad fathers, just bad partners. Decades of social science research have revealed the long lasting harm done to children who witness domestic abuse against their mother. These children are at a greater risk for repeating the cycle as adults and becoming abusers themselves. A boy who sees his mother being abused is ten times more likely to abuse his female partner as an adult. A girl who grows up in a home where her father abuses her mother is more than six times as likely to be sexually abused as a girl who grows up in a non-abusive home.
Additionally, as described by psychologists Lundy Bancroft and Jay Silverman (2002), most abusive men are self-centered and manipulative and either use authoritarian parenting or have little involvement with their children. A man's abusive behavior fosters disrespect for their mother and undermines her parenting authority. Further (and this is something that the courts don’t acknowledge) men who are abusive toward their female partners do not stop the abuse once the relationship ends. Why? For abusers, separation means losing their sense of power and control. Therefore, they use the tools that they have at their disposal which very often are shared children. Two studies conducted by the American Bar Association revealed that abuser’s motivation to use their own children as a means to intimidate and control the child’s other parent, increases post separation.
Abusers ongoing attempts to gain control will play out first in court proceedings for custody and parenting arrangements. Abusive men will use the courts to control and harass their ex-partners by filing for full custody when they were disinterested in the children during the relationship. They often engage in smear campaigns and continue gaslighting the mother to present her as “crazy” while in court or if she mentions the abuse. In abusive relationships the men often control the finances and are more likely to be able to afford a good lawyer which puts women at a disadvantage during custody disputes. Further, ongoing court battles which deplete the mother’s funds are another method used to control women. Abusive men themselves will go into extreme debt in an actual battle to “win” i.e. control the mother by taking away that which is most important to her, her children.
Assumption #2: Children’s contact with the father, even abusive ones, is in the best interest of the child. This myth, has succeeded in convincing courts—and the public at large—that men are essential in children’s lives, even men who have a history of coercion and/or violence towards their female partners. The Divorce Act of Canada was amended to add the following provision:
Maximum Contact (10) In making an order under this section [custody], the court shall give effect to the principle that a child of the marriage should have as much contact with each spouse as is consistent with the best interests of the child and, for that purpose, shall take into consideration the willingness of the person for whom custody is sought to facilitate such contact.
The result being that abusive, coercive, and controlling fathers are given primary or shared custody in an alarmingly high number of cases (Chambers et. al., 2018). This addition of “maximum contact” to the Divorce Act is due, at least in part, because of the activism of the fathers’ rights movement. This is a group of primarily white, heterosexual conservative men with ties to the men’s rights movement who claim to be advocating for rights to the father in family law cases. The “movement” is really a backlash against feminism where it’s proponents attempt to discredit the experiences of female victims of intimate partner violence and roll back legal protections for all victims of domestic abuse.
When abusive men are awarded joint or full custody of the children, it means they will have access to the mother where the abuse will continue. Researchers from Safe Lives a domestic abuse advocacy organization report that abusive former partners use childcare arrangements to carry on targeting their victims in around a third of cases where children are cited as the reason for ongoing contact. Women are subjected to coercive control, manipulation, and physical and even sexual assault from their ex-partners when children are being picked up or dropped off. Such men will frequently deny the mother access to the children; engage in harassment, bullying, and stalking of the mother. They will elicit friends to follow the mother. They will stalk her on social media. Send excessive and invasive text messages and e-mail to the mother under the guise of discussing the children. Then there is the case of assault and murder. The numbers are staggering. In Canada alone, there is an average of 70 victims per year of domestic homicide with over 80% of adult victims being women.
Coming back to the article that started this piece. The authors urge us to recognize—and court decisions to reflect—that coercive, controlling, and angry behavior is not isolated, private, or simply between parents. Men who control and/or abuse their female partners cannot be good parents and present a serious risk to their ex-partners and their children.
Bancroft, L. & Silverman, J. (2002). The Batterer as Parent: Addressing the Impact of Domestic Violence on Family Dynamics. Thousand Oaks, CA: Sage.
Chambers, L., Zweep, D., & Verrelli, N. (2018). Paternal Filicide and Coercive Control: Reviewing the Evidence in Cotton v Berry. UBCL Rev., 51, 671.