Motherhood, Fatherhood and Law: Child Custody in Israel

Abstract

This article analyses the ways notions of fatherhood and motherhood are constructed, negotiated and articulated during divorce proceedings in Israel. The analysis is based on in-depth interviews with divorced parents, lawyers, judges and therapeutic professionals, and on a wide sample of divorce court files involving child custody arrangements. The main finding of the study is that while motherhood is ordinarily perceived as a taken-for-granted caring essence, fatherhood is a vague concept that has yet to acquire concrete meaning. Treating the law as an overwhelming arena of conceptual negotiations and practical applications, the study also finds that legal professionals have a significant role in shaping how both women and men grasp and act upon their parental rights and duties. By and large, I find that the impact of legal professionals to that effect, combined with a rather conservative family law system in the shadow of which the parties operate, impedes innovation and discourages men from assuming expansive parental roles after divorce. Hence this study provides a rich example of the contribution of law to the gendered social expectations and coercions determining women and men’s ability to shape their parental roles and identities.

Keywords: custody, divorce, fatherhood, Israel, motherhood, visitation