Family law and gender imbalance: criteria for protecting fathers' rights in the context of law enforcement conflicts
Year: 2025
Type: article
Abstract: The relevance of the study is related to the absence in Russian legal doctrine of a comprehensive analysis of the causes of law enforcement asymmetry, including the subjective interpretation of the “interests of the child” and the lack of procedural criteria for assessing parental competence. The practical significance of the work lies in its focus on the harmonization of legislation and law enforcement practice, which corresponds to the goals of protecting the rights of the child. Objective. The study is aimed at identifying systemic legal barriers that limit the implementation of paternal rights in judicial practice and developing recommendations for amending family legislation to minimize gender bias in determining a child's place of residence. Objectives. To identify discriminatory patterns in disputes about the place of residence of the child through the analysis of judicial practice, to analyze the conflicts of application of the norms of the Family Code of the Russian Federation on the equality of parents and to propose mechanisms to eliminate gender biases in jurisdictional activity. Methodology. The study is based on the synthesis of comparative legal analysis of judicial practice, qualitative case study and systematic approach to the assessment of law enforcement conflicts within the framework of the norms of the Family Code of the Russian Federation, aimed at minimizing subjectivity in determining the place of residence of a child. Results. The analysis of more than 120 court decisions revealed that in 73% of cases fathers were refused to change the child's place of residence due to stereotypical perception of parental roles, despite the presence of evidence of their competence. We developed criteria for assessing the “interests of the child” (attachment, conditions of upbringing, psychological expertise) and proposed amendments to Article 66 of the Family Code of the Russian Federation, enshrining the presumption of joint custody as a mechanism for minimizing gender bias. Conclusion. The study confirmed the existence of systemic discrimination against fathers in judicial practice due to gender stereotypes and gaps in the interpretation of the norms of the Family Code of the Russian Federation. As a legal solution, a model of harmonization of legislation through the presumption of joint custody, standardization of parental competence assessment and amendments to Article 66 of the Family Code of the Russian Federation is proposed.
Authors: L. N. Emelina, S. A. Yavorsky
Language: English
Topic: Family and Matrimonial Law
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4408219995