In the mid-1990s, a few high profile mothers who faced the prospect of losing custody of their children captured the attention of the media and led to cries of judicial bias. One of these mothers was O. J. Simpson prosecutor, assistant DA Marcia Clark.

Dr. Warshak was asked to address the issue of gender bias at a 1995 international conference in Montreal, Quebec, Canada.

He begins by discussing the manner in which gender stereotypes have shaped custody decisions throughout history. Next he takes up the question of whether, and in what form, gender bias is part of the current custody scene. Avoiding simplistic approaches to the topic, this presentation examines a range of criticisms leveled at the best-interests-of-the-child standard, from both women’s and men’s advocacy groups.

Dr. Warshak explains why allegations of systematic discrimination are difficult to evaluate and he gives examples of how advocacy groups and the media misrepresent the state of research in order to support their preconceived opinions.

Conceding that the absence of reliable data on the question of gender bias in court decisions invites rhetoric in place of reason, Dr. Warshak next addresses the wider issue of whether gender bias rules the ninety percent of cases decided outside of court. Dr. Warshak shows why the question “Which parent should get custody?” lies at the heart of gender bias claims. He then examines four explanations that have been offered to defend the mother’s preferential claim to custody, and concludes that the best scientific evidence proves that neither nature nor experience gives women a monopoly on parental competence either before or after divorce. This section offers a more detailed analysis and criticism of the primary parent standard than in Dr. Warshak’s previous work.

The presentation concludes with a brief discussion of research findings demonstrating the need for a new approach to custody decisions that guarantees children their birthright to both parents. Dr. Warshak makes a simple suggestion to ensure that custody reform reflects the needs of children rather than the demands of adults.

Approximately 30 minutes