Gender bias in child custody judgments: Evidence from Chinese family court

Abstract

Based on a quantitative analysis of a novel dataset comprising 10,093 publicly available judgments of adjudicated child custody disputes from the China Judgments Online website, this article identifies potential gender bias in Chinese family courts under certain conditions. Key findings include: 1. Mothers are generally more proactive in seeking custody and are awarded custody in the majority of cases compared to fathers. 2. Specifically, mothers have a significant advantage in cases involving daughters, while their advantage in cases involving sons is less pronounced. 3. In rural courts, the results are notably different: mothers are disadvantaged overall, fathers are particularly assertive in seeking custody of sons compared to daughters, and mothers are less likely than fathers to be awarded custody of sons. Building on existing literature, this study highlights potential judicial biases rooted in societal gender norms prevalent in rural areas. This raises questions about whether courts have achieved substantive gender equality and whether the legal principle of ’the best interests of the child’ is consistently upheld in every court decision. This study enhances the understanding of gender bias within China’s family court system by providing valuable insights for those interested in addressing gender inequality. It not only highlights specific challenges women face in custody cases but also calls for broader societal and policy changes to support women and combat gender discrimination in all its forms.