The Special Rapporteur, along with the other members of the Platform of Independent Expert Mechanisms on the Elimination of Discrimination and Violence against Women, has voiced concern about the pattern of ignoring intimate partner violence against women in determining child custody cases across jurisdictions. Since raising specific concerns to Brazil and Spain, the Special Rapporteur has received reports of cases from countries where such violence has been ignored and where mothers making such allegations have been penalised by law enforcement and/or the judiciary responsible for determining custody cases.

The tendency to dismiss the history of domestic violence and abuse in custody cases extends to cases where mothers and/or children themselves have brought forward credible allegations of physical or sexual abuse. In several countries, family courts have tended to judge such allegations as deliberate efforts by mothers to manipulate their children and to separate them from their fathers. This supposed effort by a parent alleging abuse is often termed “parental alienation”.

The report examines ways in which family courts in different regions refer to “parental alienation” or similar pseudo-concepts in custody cases, ignoring histories of domestic violence, which may lead to the double victimisation of victims of such violence. The report also offers recommendations for States and other stakeholders on how to address the situation.