Constructions of gender and power : South African mothers’ experiences of intimate partner violence and family court

Abstract

Divorce and intimate partner violence, or domestic violence, have been well researched; however, the experiences of mothers' post-separation, and specifically during Family Court processes, in the context of domestic violence, has been less well-reviewed. Mothers' experiences of domestic violence after leaving abusive partners, and their postseparation experiences with Family Court, are for the most part poorly understood. This study aimed first to explore South African mothers’ experiences of Family Court processes in the context of intimate partner violence; and second, to explore the social constructions of gender and power in the context of Family Court and intimate partner violence, post separation. This qualitative study was underpinned by a social constructionist paradigmatic framework and a critical postmodern feminist theoretical approach. Participants were recruited using purposive and snowball sampling. Data was gathered until saturation using semi-structured face-to-face interviews and analysed by means of discourse analysis. Throughout the research process all ethical considerations were adhered to. The study found that mothers experienced ongoing abuse after separation and perceived the Family Court system as unsupportive and inadequate in addressing issues related to family violence, financial maintenance, and children's court matters. These systemic failures mirrored the dynamics of the abusive relationships. The research uncovered dominant discourses related to gendered narratives, dismissed safety concerns, and a perceived lack of knowledge or competence among experts and decision-makers regarding family violence, coercive control, and economic abuse, leading to long-term emotional and psychological trauma for the mothers and their children. These findings suggest the urgent need for systemic reform and a deeper understanding of the complex challenges around gender power imbalances that surround the Family Court system.