IS THERE AN IDEOLOGY OF MOTHERHOOD IN (POST) MODERN CHILD-CUSTODY LAW

The concept of the ideology of motherhood assisted early feminist work on child custody law in understanding how a field where women appeare d to 'succeed' could nonetheless be problematic. It has, however, rece ntly been subjected to criticism. This article reviews the use of the ideology of motherhood in the context of child custody law as wed as c hallenges to its utility in the analysis of women's oppression. Its co ntinued resonance as a conceptual tool, despite shifts in its content and application, is demonstrated by reference to recent developments i n Canadian child custody and access case law and policy-making. Key is sues arising in the cases include allegations of abuse, mobility right s of custodial parents and religious rights of access parents. The aut hor argues that the modern version of the shifting ideology of motherh ood includes the notion that mothers must ensure as much as possible t hat a man participate in their children's lives, especially when the m other is financially insecure. A disciplining effect on all mothers, i ncluding those who 'win' custody, results. This effect can have a diff erential impact depending on a mother's race, class, sexual orientatio n and (dis)ability. Strategies for challenging the normative model are discussed.