Sex Workers and the Best Interests of their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings

Sex worker parents often lose custody of their children. The purpose of this research was to study theimpact of a parent’s status as a past or present sex worker on judicial decision-making in custody and access disputes. Through doctrinal legal research, I explored judicial treatment of sex worker...

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Main Author: Julie E. DeWolf
Format: Article
Language:English
Published: University of Windsor 2022-04-01
Series:The Windsor Yearbook of Access to Justice
Online Access:https://wyaj.uwindsor.ca/index.php/wyaj/article/view/7280
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author Julie E. DeWolf
author_facet Julie E. DeWolf
author_sort Julie E. DeWolf
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description Sex worker parents often lose custody of their children. The purpose of this research was to study theimpact of a parent’s status as a past or present sex worker on judicial decision-making in custody and access disputes. Through doctrinal legal research, I explored judicial treatment of sex workers involved in custody and access disputes in Child Protection and Family Law case law from Ontario. I reviewed every reference to parental involvement in sex work from Child Protection and Family Law decisions from January 2010-March 2020. Parental involvement in sex work was often presented as an unfavourable aspect of the parent, or otherwise had a negative influence on their claim. Sex work was treated as a negative quality in a parent rather than an aspect of their life warranting further factual exploration. I argue that stigma against sex workers appears to carry more weight in custody and access disputes than evidence concerning the impact that a parent’s sex work has on a child.
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spelling doaj.art-5d45aea4eca7449c8c221272f261b3d92023-09-03T13:50:50ZengUniversity of WindsorThe Windsor Yearbook of Access to Justice2561-50172022-04-0137210.22329/wyaj.v37.7280Sex Workers and the Best Interests of their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal ProceedingsJulie E. DeWolf0York University Sex worker parents often lose custody of their children. The purpose of this research was to study theimpact of a parent’s status as a past or present sex worker on judicial decision-making in custody and access disputes. Through doctrinal legal research, I explored judicial treatment of sex workers involved in custody and access disputes in Child Protection and Family Law case law from Ontario. I reviewed every reference to parental involvement in sex work from Child Protection and Family Law decisions from January 2010-March 2020. Parental involvement in sex work was often presented as an unfavourable aspect of the parent, or otherwise had a negative influence on their claim. Sex work was treated as a negative quality in a parent rather than an aspect of their life warranting further factual exploration. I argue that stigma against sex workers appears to carry more weight in custody and access disputes than evidence concerning the impact that a parent’s sex work has on a child. https://wyaj.uwindsor.ca/index.php/wyaj/article/view/7280
spellingShingle Julie E. DeWolf
Sex Workers and the Best Interests of their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings
The Windsor Yearbook of Access to Justice
title Sex Workers and the Best Interests of their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings
title_full Sex Workers and the Best Interests of their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings
title_fullStr Sex Workers and the Best Interests of their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings
title_full_unstemmed Sex Workers and the Best Interests of their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings
title_short Sex Workers and the Best Interests of their Children: Issues Faced by Sex Workers Involved in Custody and Access Legal Proceedings
title_sort sex workers and the best interests of their children issues faced by sex workers involved in custody and access legal proceedings
url https://wyaj.uwindsor.ca/index.php/wyaj/article/view/7280
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