In the best interests of the child? : a case study of the psychological discourses of the custody decision-making process in a South African context

Abstract

This study focuses on the process of custody decision-making in a South African divorce context with the aim of critically examining the operation of the principle of the best interests of the child. A narrative approach is incorporated into Parker and Fairclough's discourse analytic approaches in the context of an instrumental case study. More specifically, the focus falls on moving beyond the understandings of custody embodied within the current psychological literature in order to examine the relationship between theory and practice and to view custody as a dynamic process at both a textual and analytical level. Concepts of dialoguing, context, audience and intertextuality together with a storied approach are central. Further, an attempt is made to provide a disruptive reading of the case through the use of notions of power, ideology and institutional practices embedded within the case and its broader contexts. The analysis demonstrates the need for decision-making to be viewed as a broader process situated across multiple professional, institutional and socio-political texts and contexts. Further, it is argued that in order for the process to uphold the principle of the child's best interests, specialised training must be supplemented with changes at the level of policy, aimed at moving toward a more inclusive, process-oriented approach to custody decision-making.