A new study from the University of Ottawa reveals how race, gender, and religion intersect to create inequities in custody cases. Biases—including racism, Islamophobia, and sexism—often lead to unfair outcomes for fathers and their children, particularly when the fathers are from racialized groups.

The research highlights systemic problems in family courts, especially for South Asian and Middle Eastern/North African fathers. These men are frequently stereotyped as authoritarian or abusive, which can unfairly influence custody decisions. The consequences of these biases harm not only the fathers but also their children.

Key findings include:

• Harmful stereotypes: Racialized fathers were often seen as controlling or dangerous due to cultural biases and Islamophobic assumptions. These stereotypes were used to discredit them in court.
• Uneven treatment of allegations: Courts often dismissed claims of abuse by mothers while prioritizing allegations of alienation against fathers, leading to unjust rulings.
• Stigma around mental health: Fathers dealing with issues like depression or PTSD faced added prejudice, with their challenges being used against them in custody decisions.
• Impact on children: The devaluation of non-White fathers’ roles led to decisions that ignored children’s best interests. Delays in judgments further weakened parent-child relationships.

The researchers argue for systemic reforms to address these inequities, including bias training for legal professionals and the use of evidence-based assessments to guide custody decisions. By tackling these biases, courts can work toward outcomes that prioritize fairness and the well-being of children.