Video summary
The panel discussion at HistFest 2026, titled "Birth, Motherhood & Custody – An Untold History," brings together authors Lara Fel and Lucy Les to explore two groundbreaking books that challenge conventional narratives about family law and childbirth. Lara Fel's work, *Custody: The Secret History of Mothers*, investigates child custody cases from 1800 to the present day through six detailed case studies, revealing that mothers have historically lost custody not only due to personal transgressions like adultery but also for intellectual pursuits such as writing books, while legal systems frequently favored absent or imprisoned fathers. Complementing this, Lucy Les's *Born: The Untold History of Childbirth* traces the unique human experience of birth from Neanderthals to the overturning of *Roe v. Wade*, utilizing archaeological evidence and historical texts to highlight how women have traditionally managed fertility through abstinence and herbal methods while facing pervasive shame regarding infertility and miscarriage. Both authors emphasize that these histories are often obscured by patriarchal narratives dominated by doctors, religious figures, and theorists who have systematically negated women's realities.
The conversation delves into the harsh mechanisms of modern court proceedings and societal expectations, which are designed to be adversarial, fostering hatred between parents and inflicting psychological scars on children while ignoring feminist ideals. Fel shares her personal experience from a 2020 custody case, illustrating how intimate maternal experiences are reduced to bullet points for interrogation in a system that penalizes mothers for maintaining identities beyond motherhood, such as being activists or writers. This rigid framework extends to professional life, where women face judgments that having children invalidates their career dedication, while childfree individuals encounter similar moral scrutiny. The speakers argue that these fixed gender expectations trap men in punitive roles where they criticize women using the same language historically used against them, a dynamic exemplified by historical figures like Caroline Norton in 1830s Britain who saw husbands become extreme versions of themselves to assert ownership over children while wives were punished for failing to conform to narrow feminine ideals.
Beyond the courtroom, the discussion highlights how cultural rituals, superstitions, and legal frameworks have been used throughout history to regulate women's bodies and autonomy, often reducing pregnancy to a state of isolation or "cage." Social media is identified as a significant source of immense pressure, shifting from curated perfectionism to an expectation of "honest" chaos that remains skewed toward white, middle-class experiences while judging others more harshly for their messiness. Influencers amplify unrealistic standards like the "perfect baby grow," creating psychological impacts on female identity regarding behavior, sexuality, and pregnancy expectations, whereas journalists rarely attend family court cases due to high costs, leading reporters to focus only on extreme instances. The speakers conclude that family law and 19th-century realist novels developed in tandem, with literary works like *Jane Eyre* and *Tess of the d'Urbervilles* reflecting the intense societal focus on custody and intimate family life during that era, underscoring the need to reclaim women's voices from these dominant narratives.
Ultimately, the panel underscores the importance of understanding these historical contexts to navigate current issues regarding reproductive rights and maternal well-being, arguing that dismantling rigid ideals of "good" motherhood and masculinity is essential for the health of everyone involved. By piecing together this under-researched academic field, which combines legal history with feminist critique, the authors aim to expose how the adversarial nature of courts and societal shame have long suppressed the true experiences of mothers and fathers alike. The discussion serves as a call to action to recognize that both men and women are disadvantaged by these fixed expectations, particularly when it comes to professional commitment and personal autonomy, urging society to move beyond punitive roles and acknowledge the unpaid labor and vulnerability inherent in motherhood without shame or judgment.
Read the full video transcript
Good morning everybody at the British
Library and everyone watching at home
and welcome to Histfest day two and the
first event of today which is birth,
motherhood and custody and untold
history. Um so our first uh our first
participant is uh Lara Fel. She is the
author of four highly acclaimed works of
cultural history and a novel, professor
of modern literature and culture at
King's College London and a fellow of
the Royal Society of Literature. She re
reviews regularly for the Guardian and
contributes to a range of BBC radio
programs. Most recently, um, Lara
appeared as a lead contributor in the
landmark BBC1 cultural history of the
inter war years, art that made Made Us,
and she wrote and presented a program
about Doris Leing for the Radio 4
prestigious archive hour slot. She's
here today to discuss her latest book,
Custody, the Secret History of Mothers.
And Lucy Les, she is a historian and
novelist and occasionally a television
and radio presenter. Her first book,
George and London: Into the Streets, was
a finalist for the History Today
Longwind Prize. Lucy is also the author
of the international bestseller Milk of
Paradise, a history of opium, which was
book of the week for Radio 4 and the
Sunday Times. She lives in London with
her husband and their wire hair dashed.
She's here, sorry I didn't write these.
She's here today to speak about her
latest book, Born the Untold History of
Childirth. And finally, our chair,
Pragya Argawal, is a professor of social
inequities and behavioral and da uh
behavioral and data scientist. She's the
founder of the research think tank, the
50% project, investigating global gender
inequalities. And she's the author of
four widely acclaimed non-fiction books,
including Sway, which was Guardian Book
of the Week, and NYPL Book of the Day.
Hysterical and Motherhood were um
nominated as best smart thinking and
popular science books of the year. Thank
you very much.
Oh, good morning. Hope you can hear me.
Um so we are here so I'm Pragya Garwal
and we are here to talk about these two
really fantastic books. You haven't read
them uh you're in for a delight. Um
they're thoroughly well researched and
really urgent and speak to something
that's hap like of the time basically
although they're both historical they
are very much of the time and what's
happening right now. Um so I'm going to
um so today we'll talk for about 40 45
minutes and then we'll take questions
from the audience. So have a think about
what you want to ask these two authors.
Um I would like to get back to my
children's birthday party this
afternoon. So
hopefully we can make that. Um so I
think we're going to start by a reading
from each of these two authors. So we'll
start with you Lara and if you could
give us a little background context of
the reading um for about 5 to eight
minutes and then we'll move on to Lucy.
Thank you.
>> Great. Thank you. Thanks for coming.
It's great to be back in the British
Library. Um so my book Custody is a
history of child custody cases from 1800
to the present told through six case
studies. Um, and I use those case
studies to kind of illuminate the
background, reading lots of of sort of
ordinary case files around them, but
really bringing out these big
biographical intimate stories. And I'm
going to read the very beginning of the
book, which sort of throws the reader
straight into the story of George Saund,
the French novelist who um found herself
in a custody case. She had married very
young as people often did at that in in
the early 19th century, been slightly
sort of forced into marriage by her own
precarious situation. And very quickly
they realized that they were
incompatible and
somehow she had the gumption uh that
rather than sort of facing it at home,
she she sort of radically changed her
life. She negotiated a settlement with
him where she could they could sort of
alternate periods when and she would go
off uh to Paris. She dressed as a man.
She immediately found herself with
lovers and um began writing and
the only thing that that she missed in
Paris was her children. And and she
realized that actually the more her
husband was becoming increasingly sort
of irassable and started sort of
bringing out shotguns and chasing her
and various guests around the house. and
she she realized that they needed an
actual separation at this point. Divorce
uh wasn't possible in France and found
herself in a custody case
terrified she was going to lose it. It
wasn't in the 19th century in England.
No woman who was openly adulterous who
had written books of the kind that
George S had got could possibly have won
a custody case. and Saund um I don't
want to give too much of a plot spoiler
away but she was basically the kind of
only woman of her time who managed to
win a custody case and it was largely
we'll we'll talk more I think about the
difference internationally and the law
but it was largely because of French law
being sort of way ahead of its time uh
in in the kind of rights it gave
children that that France had just
really because of the language of rights
that was developing but so I throw the
reader right into this moment in 1836
where Saund is waiting for her case and
she knows it's going to be an enormous
struggle and she knows that everything
about her private life is going to be
sort of paraded in the press that her
husband's going to read out letters that
she's kind of written to him trying to
be open and honest about their lives
that are suddenly going to get sort of
turned into these these kind of inflamed
legal documents.
A woman plunges into the river on fully
dressed. To anyone passing by, she must
look mad or worse, driven by a death
wish. But for her, there is the relief
of cool water slicing hot skin after
walking for hours in the 30° heat. She
swims in the gently flowing water
weighed down by two layers of ankle
length fabric. In Paris, she's becoming
notorious for her habit of wearing men's
clothes. But here at her ancestral home,
deep in the Lir Valley, she's wearing
the voluminous dresses of her times. She
gets out and walks on, her clothes
drying clamy in the sun, and then swims
again, hanging her wet dress on a bush
this time and swimming in her petticoat.
Once more, she races on, testing her
body, pushing it. By the end of the day,
she'll have walked nine miles. She is
exhausting herself with these exertions,
turning the loveliness of the summer
countryside into a setting as gruelling
as it is ecstatic. She's waiting to
appear in court, sacrificing her
reputation to fight for her children
against a husband driven by punitive
anger.
She has to keep moving because to stop
would leave her confronting the quieter
emptiness of sadness and fear. These
children who she's always taken for
granted are hers could be taken from her
and they know it as children usually do.
Her seven-year-old daughter at boarding
school writes sadly to her mother
experiencing this brief unwanted
separation as the lifetime of division
that her father wants for her. She tells
her dutifully about the eclipse of the
son she's witnessed, assuring her that
she's done all the spelling and the
letters herself. Her 12-year-old son is
more involved in her affairs. His
friends at school read about the court
case in the newspapers. He knows what's
said about his mother as a woman who
writes and a woman with lovers and he
defends her. I have courage for my age,
he assures her, aware that this is a
battle and that he is required to take a
side. If my father loses, he will think
he is dishonored. But I don't want you
to lose, my poor vier. He's her
protector, but he's also a troubled boy
who wishes none of this was happening
and fantasizes that one day his parents
might reconcile.
>> Thank you so much, Laura. Really
touching, beautiful.
Lucy, I'll invite you to to
>> Thank you. Hi everyone. Thanks for
coming. Um so my book starts at the
beginning of what we know from
archaeology which is from the
Neandertols the experience of uh well
any experience that that is associated
with the act of pregnancy and birth or
infant mortality and it finishes with
what is essentially it's a new law in
America uh DoddS versus Jackson but it
is the unpicking of uh the right to
abortion law Ro v. Wade. Uh, and it's
not. So, we'll get into that, I'm sure,
at some point in the discussion. Um, Ro
v. Wade is not abortion on demand as
many people think, but uh, Dosby Jackson
is certainly uh, a conservative act that
is severely limiting women's choices in
America right now. And there are many,
many murmurings across the world. uh
moving towards very strict control of
reproductive rights which is something
that we should be aware of and that was
what uh sparked the the writing of this
book and also my own personal journey
which is involved in these pages. So I'm
going to read you part of the
introduction and uh hopefully we'll have
a good discussion later on. So mamoto is
swuahili for mother child. Sadly these
are necessary. I was hoping it wasn't
going to be the case. It is one of the
few words we have to describe the
physical closeness of mother and newborn
in those first early months before the
two can said to be truly separate
beings. Uh those of you with children
will recognize that phase when they
start to look beyond mom slightly and
that's when self is is developing.
Before that, for the Swahili, it's
Mamoto.
The um the state of Mamoto is just one
part of what makes the human experience
of birth unique from that of other
primates and animals. We are born before
we are fully developed, rendering us
vulnerable, relying on our mothers and
caregivers to feed and tend us long
after most young animals have already
left the nest. There are exceptions to
this obviously um um throughout the
animal kingdom but u we are quite
unique. Scientists call this extended
dependency when we are no less dependent
on our mother outside the womb than we
were inside the altitual state. This
phenomenon is thought to be related to
the fact that child birth is more
dangerous for us than for most other
animals. Considering the size of
newborns, our pelvises are narrow,
making labor longer and more painful.
This means that since the dawn of
humanity, women have sought assistance
and companionship during childbirth.
This assistance has in turn become
ritualized over the millennia, creating
bonds and promoting the sharing of
knowledge within communities.
From ancient Manoan temples to
contemporary baby showers, women have
found ways to build the networks of
support and advice they need to help
them when the time comes to cross the
transformational threshold of
parenthood.
Vastly divergent traditions accompany
these rituals of pregnancy and childirth
across the globe, but they often contain
themes of control from forbidden foods
to prehibited sex positions, lucky
colors, or items of clothing. Many of
these rituals persist today, reflecting
the deep mysticism and psychological
shift that still surrounds the physical
experience of creating new life. Even in
cultures that have embraced science and
raised our chances of survival.
In a similar way, the battle over who
controls reproduction is not new. Women
have always tried to control their own
fertility. Even if for most of it, most
of history, the only truly reliable
method was complete abstinence. There is
evidence that even among the paleolithic
hunter gatherers, women limited their
fertility through the means available to
them,
herbal methods and breastfeeding, things
like that. So many of the questions we
are wrestling with today were faced by
women thousands of years ago. And
perhaps by looking back at their
experiences, it can be possible to
navigate a way forward.
This book contains many stories of
individual women and mothers pieced
together from ice age bone fragments,
medical scrolls, and 19th century
pamphlets about contraception. But their
voices have not been easy to find.
Perhaps this is why this book took me 15
years to research and write, and why it
often felt like I was embarking on
uncharted territory, searching for the
stories and lived experience that I knew
existed. Because for all of history, the
majority of women have given birth, but
we're unrecorded. The input of women has
so often been negated and overridden by
the masculine voices of doctors,
husbands, organized religions, and
theorists who have denied the needs,
challenges, and realities of pregnant
and laboring women. But the history of
childbirth includes other men, too. ones
who dedicated their lives to making
child birth safer and others who took on
a supportive role as the women they
loved and ch and had children with went
on to change the way we think about
birth and sex. When I first set out to
discover the history of childbirth, my
husband and I were trying for the
children we longed to have but eluded us
having moment. For a long time, I
struggled to identify my place within
the world of motherhood. Yet, as time
passed, I came to realize that
parenthood is far more than the quest to
pass on our DNA or to build the familial
bonds that will shepherd us through our
lives. How a society thinks about
childbirth is a reflection of how it
views and treats its women. And so,
perhaps it is no surprise that this
fundamental power to create and carry
new life is so often used to undermine
women's autonomy. We are living in a
time of fathomless change for women all
across the world. As my window of
opportunity to have a child closed, a
door opened that allowed me to learn
about what birth meant for others, for
societ for society and people for us as
people. Ultimately, every successful
birth of a healthy child is a small
victory for humanity and a life-changing
moment for the mother. Pregnancy and
birth are attended by myriad personal,
emotional, social, physical dangers, but
also joy, triumph, and wonder.
In nine short months from two cells, the
body constructs a new life and brings it
into the world in a unique moment where
all is possible. The practicalities and
the power struggles of childbirth have
shaped nations, but also individual
identity and continue to do so. We begin
in prehistory and end today with a
reversal of Ro v Wayade, taking in the
cries from the medieval birthing chair
and the calls to rally of our modern
age. This is how we are born.
Thank you.
Thank you so much. Um so I'm going to
start with you Lara and um I just wanted
to start from the very start. The title
says custody, the secret history of
mothers and I wanted to have hear your
thoughts on why the secret. What does it
allude to? Yeah, I mean it's partly I
think that um
I think there's a the common conception
in the culture that custody is generally
a sort of maternal responsibility that
mothers are more often given custody and
I think it is certainly true that in the
majority of cases of separating couples
mothers end up with custody but it's in
fact it's been a very consistent story
through the courts that women have lost
custody um initially you know in sort of
basically every case. Uh even there are
cases in the 19th century where the man
was in prison but still got custody. Um
and even in the eras like the 1970s when
broadly there was a kind of
international sense that children needed
to be with mothers, women who
transgressed were losing custody. And so
it's it's sort of a in a way it's saying
it's it's a history of mothers who have
in some way defied the norm in some way
not been this sort of cultural insistent
ideal of a good mother and how that that
history all along has been um sort of
children losing access to their mothers.
So so there's that and then there's also
the fact that the history of custody
just hasn't been told. It's quite hard
archally to piece it together. Um,
interestingly,
uh, legal history is quite a small area
academically and it tends to be criminal
his legal history that there's family
law history. I sort of realized when I
embarked on this there are only about
three family legal historians in Britain
and they're brilliant, but so far they
haven't sort of specifically applied
themselves to to children. Um, so it's
also just a sort of history that I felt
needed to be brought to light.
>> Thank you. Um there are a couple of
things here that I would follow up um
through the discussion. The idea of um
bad mothers perhaps and the idea of
transgressions as well. And I just want
to follow up quickly on how do you think
uh this this so I was researching last
year about um bias in criminal justice
systems and justice system generally and
the idea that there are certain ways
that women are discriminated against
within a court uh setting um based on
the idea of how they should emote or
based on the idea how they should
present themselves. How do you how what
have you found through your research?
How much that is bearing to this case of
custody?
>> Yeah, I mean I so so my research has
been partly archival and has also
involved me sitting in as a journalist
in the present. So I in a way I found
the same things in both for women who
are seen as too strong are seen as less
maternal um that there's a kind of
requirement to emote but then there's
also a danger because as soon as you
start emoting you might be seen as
hysterical. And so one of my chapters is
about a woman called Elizabeth Packard
in 1860s America whose husband put her
in an asylum because husbands turned out
to have the she didn't know this but
husbands turned out to have the right to
sort of sign you into an asylum. Um and
there of course then she was on she was
in this asylum trying to insist she was
sane. All her emoting and and crying and
and sort of try struggling became seen
by the doctors as as a sort of sign that
she wasn't in fact a sane person. And so
it kind of goes in both directions. But
I think absolutely there's a a sense and
I think in in the contemporary courts I
sort of realize it's
you know that sense that people have in
the kind of psychoanalyst consulting
room where everything is about the
transference. Everything who however you
are in that 50-minute session is is is
who you are. That that's what the
analyst goes on. And there's the same
sense in the courts that the judge makes
their decision on based on the sort of
three hours they've witnessed this
person. Um, and somehow your manner in
that very fake scenario, uh, how how you
behave to to your ex-husband who who may
have been violent, who may, you know,
there's this whole back history is meant
to sum up who you are and who you might
be with the children they haven't
actually met.
>> And I think this goes back through time
and continues now that that there's a
sense of of too much emphasis being
placed on um some kind of sort of
interpersonal magic in a way.
>> Yeah. the idea of what a materna looks
like and I think I'm going to follow up
with that with you Lucy. um you talked a
little bit about your motivation for
writing the book and it's very um
touching about why you wanted to look at
the history but also how it relates to
the idea of womanhood and motherhood the
idea of reproduction and idea of birth
and and I wonder what you found through
your research in terms of how the the
idea of how birth has been seen or
written about is linked to this idea of
what makes a good mother or not.
Yeah, the there's there are lots of
different there are so many views all
over the world. Uh but the act of so the
there are still lots of moral
connections with so infertility in lots
of cultures and certainly in Britain uh
is linked with sha shame is something
that I think we we've all touched on in
in our work. Um, shaming women. Women
can be shamed for anything. I mean, we
all know this. Uh, um, you know, you're
not smiling enough, number one. Um,
but coming down, I mean, I certainly
experienced a lot of shame associated
with my failed pregnancies. Uh and then
I because we started trying earlier than
than a lot of our friends uh it became
more noticeable you know when you get to
30 and then suddenly they are getting
married and in the first year they're
pregnant and then you're the people that
have been trying and try and you're not
pregnant you're still not pregnant and
then you know and then it gets a bit
tiresome and then and then people and
it's the female friends really. they
stop telling you they're pregnant even
though you've heard from someone else
they're pregnant and you go out with
them and they don't tell you. And then I
did actually confront this with a couple
of my friends and said, you know, just
because I can't do this doesn't mean I
don't enjoy it that you can which
thankfully that is something that I
don't have in me that that I certainly
felt sorry for myself but I didn't it
didn't affect my feelings towards other
people. I was really happy for them but
it becomes more and there is 100% um an
a journalist
uh who I was on friendly terms with uh
wrote a piece for the Guardian just
after I'd had a miscarriage and and she
just had a baby and it was about how
women who've had children sit around at
coffee mornings and judge other women
who are in their social circle and when
they've all got their baby on on their
lap and they say what's you know what's
wrong with their marriage or what's
wrong with her and they actually say and
this was appeasing the guardian. I was
reading it and I looked and I was
looking at her picture in it and I was
thinking did she this is this is someone
I actually know and I knew it wasn't
aimed at me so much. It was aimed at
getting paid for writing something
having just had a baby. So that was why
and I did send her an email and and I
said Elellanena did you actually write
this like and she said I'm so sorry I
know how it would have come across and
she said it did pray on my mind. I
thought yeah yeah the check didn't pray
on your mind so much. So, um, but that
kind of like really hammered it home
that this is what other people might be
thinking about me because all my friends
were really supportive and really kind
and they might be getting it wrong by
not by saying the wrong thing or or just
saying something that hurts you at the
time because as we and some people will
know um pregnancy and loss and and
successful pregnancies are you are
living in the eye of the hormone storm.
I mean you cannot predict your own
behavior. Um, and you can hear your your
sound brain saying, "No, no, no, no need
to get wound up." And it's already out
of your mouth and flying around the
walls. So, you can't It's a very
difficult time. And I and I certainly
was ashamed of my failure. I mean, I'm
for I'm 48 now. Um, just clinging on for
the last few weeks. But um I've had kind
of and we said that we would stop at 40
cuz you know I didn't want to be the
just and that's fine if you don't stop
at 40 but I had to put a limitation on
the loss for me otherwise I'd have gone
completely bonkers. So I've had time to
recalibrate now and obviously I get
emotional when I talk about these
things. Um and you can't tell where
that's going to come from either.
Sometimes I can read that and be
absolutely fine. And um so it there are
learning to live with writing about also
writing about this profound act of
fertility, the successful birth which
you realize is so culturally embedded in
us like a new baby. Um and
it and reconciling that with now I I
couldn't have written this book eight
years ago. I mean, when I I was 38, I
once had to have a discussion with
myself about why I should not take the
baby out of the pram in John Lewis that
was not mine. I actually had to have
this discussion. It was really serious.
It was like, I want that baby. How far
could I get? Could I get to the Lake
District? that actually went through my
mind before the the true manhunt came on
you know and um so you are it it's um
you know that is a particularly
uh
you are living in a in a and also with
pregnancy uh which is something else I
think we'll we'll touch on you it's all
each pregnancy is different and
everything is new to you so so you are
learning on the job I mean you know if
you want to adopt a cat from the Blue
Cross. That's three visits. You only you
only need one for a baby. Uh and it's
not from the Blue Cross. And uh so, you
know, it it's just a learning experience
the whole time at a time when you are
experiencing just the most incredible
emotional and physical challenges. And
that coupled with societal attitudes is
particularly patriarchal society
attitudes. Not all men um but
You're you're trying to live in a cage
when
you you are quite and your body is a
cage. It's a protective cage. um uh you
use uh onion the French and it's
interesting we have completely different
views because it's it means a fortified
situation
and I think and and I think you see that
as quite por porative because you're
walled off and I see it in a in a
positive light uh because it's
protective of the baby and certainly
when when I was uh pregnant one real
time in particular I was on the
Millennium Bridge walking the dog and
you know those zorbing bubbles
Um, I was walking the dog. This is just
before we got married. And um, I was
walking along the Millennium Bridge with
a dog and I was in absorbing bubble. I
thought, "Oh my god, I'm pregnant
again." And um, because I was not
interested at all in I was fortified
from everything outside me. It had all
gone inside. every all my thought
process were only any anything that was
more than 3 ft away from me was
apart from the dog was of no interest.
That was it. And and so I knew anyway
I'm I'm babbling now but um so yeah so
so you are in in this situation at the
same time as the crushing load of
society is is around you as well. Yeah.
So yeah,
>> I think there is a whole sense of how
society perceives womanhood and
motherhood that comes across in both of
your books interlaced with your personal
experiences which is quite painful but
humorous and also poignant at times and
and which is going to come to Lara about
that and I was wondering Lara I'm really
interested in the process of writing
this book about how how did you go about
it once you decided that you want to
write it um and so did it emerge out of
your personal experience. What archives
did you consult? How did you manage to
weave
>> the fragments of history into a story?
You know, something I'm challenged with
at the moment.
>> Yeah. Yeah. No, it's a challenge. I mean
just to to follow up quickly on on the
shame question. I think it comes so much
into
>> it's interesting um how that that sort
of early experience of of kind of pride
or shame around becoming a mother then
when you have it taken away um I think
women and men who've lost all access to
their children have said to me that
they're so ashamed of what people think.
They
>> men have said they people must think I'm
a racist a rapist. the women have said
um what can they think I've done and
even I found even when I'm writing
articles for the Guardian my editor came
back to me and said but this mother must
have done more it's not possible that
she could have lost her children only
having been like this and it's sort of I
think that that kind of stigma and shame
is so important but on my book yes so I
was involved in a custody case myself in
um 2020 and what emerged I went in very
innocently thinking this was going to be
a sort of straightforward experience in
which effectively there's no you can't
meet in the middle with children. The
judge would help us come up with a sort
of collective solution. Uh and I was
shocked by two aspects. One by how
adversarial it felt like it wasn't just
accidentally adversarial. It felt like
it was willfully adversarial. it the
court process was sort of almost
designed to leave us hating hating each
other far more than we had at the
beginning and to leave the children
scarred by that experience and then also
by how this the the kind of world of the
courtroom just didn't seem to be the
feminist world I thought I lived in and
it left me wanting to know more wanting
to know how we'd got to this point in
history um and whether it was an anomaly
in the present or whether there were
sort of lots of other cases and what I
discovered in the present was it It was
far worse than I'd realized and
historically that it had been pretty bad
for a long time. And what I wanted to do
with the book was really try to find a
way to bring out children's experiences
over 200 years um as well as their
parents' experiences. And that was sort
of the hardest bit because children's
voices are are so often kind of written
out of court cases and certainly out of
a lot of the legal reports um that that
kind of report on cases. And so in
finding these six big stories, I was
able to find stories that had been well
doumented about they're all in their
ways very well-known people and in many
cases the children have written too
about their experiences. So, I write a
chapter on Edar O'Brien uh where I'm
able to use her accounts of her custody
battle in her her memoir and I managed
to talk to her as well. And in her
novel, she wrote kind of novel after
novel where she was trying to
sort of get get more closely to what
this experience that had traumatized her
had been. and she ended up I I was
interested that in several of these
books she ended up killing a child uh
that these children had to die because
that was sort of how she'd experienced
it was sort of the death of a child
within this process but in her case her
son has written his own memoir about
this and so I was able to interweave his
account with hers and then similarly uh
the chapter on Alice Walker uh which is
the only one of the chapters where it
doesn't involve an actual court case
they they managed to settle it out of
court but they ended up with this very
peculiar version of 5050
custody where Rebecca Walker alternated
two-year periods between her parents,
between these two totally different
worlds, and felt she wasn't at home in
either world, and she couldn't settle.
And so, for me, it kind of exemplifies
the difficulties of 50/50 custody that
there's a sense in which children are
being split in that kind of awful
Solomon sense in in half. But there
again, she Rebecca Walker has written a
really brilliant memoir um about these
years and about her experience with
them. So, and then obviously that's much
harder in the early periods, but what I
was able to find in the in the chapter
on kind of I write a chapter on Freda
Lawrence, uh, DH Lawrence's wife, and
the she lost almost all contact with her
her children for a whole decade. Um and
at that point in her case was in sort of
19 uh 13 14 15 at that point there's a
kind of sudden moment in the national
archives where you can read every single
divorce file all the handwritten sort of
notes and additions which you couldn't
before that and you can't after that. So
I really dug into that and read a
thousand divorce files from that period.
And I did find that when you get the
full file, you do hear the children's
voices that you hear these sort of long,
often they're barely literate people,
but they're kind of managing to to write
sort of incident after incident about
their marriage. And I heard sort of
children being there's one where the the
father's given custody and the mother
gets access for I think two hours a week
and it has to be at her former in-laws
house and they lock her in a room and so
when the child needs to pee, she has to
hold him out of the window. And it's
those sorts of you you're sort of
getting at the experience of these
children through these descriptions. Um,
and then having done all this, it was
clear that it was going to be
chronological. It was clear that I was
going to lead through I want when I'm
writing to create quite a novelistic
sense for the reader of kind of wanting
to know what happens next and wanting I
wanted this to be a book that people
could read and bet as well as that that
you're kind of reading to to sort of
dwell with these people. I think it's
been very touching. Lots of people have
said it's made them cry. I sort of
wanted that. I think I hope it's also
happy and inspiring. These are sort of
very energizing women I think um as well
as sad sometimes ones. But I so I wanted
to really kind of create the momentum of
each of those stories to lead you
through but to also step back and say so
what was it that made this this decision
possible? Say in Freda Lawrence's case
like why did she lose all access to her
children just because she'd had an
affair? Um and then to survey the
landscape around her and in Alice
Walker's case say to say what would it
have been like if she had gone to court
would she have got a different
settlement. No actually being a black
mother and a bisexual mother at this
point in history would not have gone
well here were lesbians losing custody
in sort of case after case in in the
kind of 80s. So to to sort of keep the
focus on the on the sort of granular
central stories but to be able to step
back and survey what's what's going on
around them.
>> Thank you so much. Um it's really
interesting um to hear about the whole
Yes, it does feel like a novel and it
does feel like uh like a story you're
telling and it's easy to read but it's
also painful because at times you it it
brings up my own kind of experiences and
emotions as well and I want to come to
you Lucy similarly with how your
experience of writing the book um and
how did you said it took you such a long
time to actually get this story together
and research for it but you're also
writing from your own personal
experience So I just wanted to hear your
thoughts on how does it feel like to to
write about painful experiences along
with the the vast extensive research
you've done. Um what was that experience
like? How did you go about it?
>> Oh great question. Uh thank you. Yeah.
Um
I you so because through the trying
process obviously you've just read all
the books and wanted to be informed and
and it's amazing how many women are not
informed about any aspect of pregnancy
or labor and stuff but and that's crazy
but so I I I kind of felt informed when
I had this idea and then um
I was looking at the books the texts
that would inform me about the things I
wanted to know how are people faces
through history because as a historian
that's how you think about things you
how was this experienced 700 years ago
or 500 years ago for me I'd started out
in the Georgian period so a lot of it
was to do with you know 1700 to Queen
Victoria. So I had all of these ideas.
So I was looking at that because we have
such a a wealth of written records and
all these different material culture
everything else and I was thinking well
you know childbirth kind of is where
everything begins. So I have to look
back as far as possible and see what
evidence we have and that took me into a
lot was done here um and also the
welcome into archaeology more and
because since the early 90s archaeology
has come on mainly through the work of
people and um institutions in Eastern
Europe if I'm perfectly honest uh
putting huge resources into
the science behind it we have found out
so many more things from bone fragments
from from burials that that were opened
up then covered up because we didn't
know how to deal with them. So so
there's just more and more developments
the whole time. So that really
fascinated me and then very quickly
emerging themes um which also touches
back on what we were saying before this
idea of good women get pregnant easily
and good women have easy pregnancies and
good women have easy births and don't
make a fuss and then they're really good
mothers because they're good. That's
that's that's kind of like the basic
hindb brain thinking about it. As soon
as you complicate it by not being very
good at it or or making a fuss then bad
bad woman. So you know there are those
things. So and that aspect really uh
fascinated me and not doing as you're
told. That's another one as well. So, so
and as you go through history, you
realize so that so very early from the
very beginning strictures are put rules
sets of rules are imposed on women on on
women who are trying to get pregnant. So
a lot the early earliest texts we have
Samrian Egyptian they're to do with
women struggling with with fertility
issues or gynecological issues usually
uh a fifth to a third of any medical
text is to do with intimate women's
health whether they whether crocodile
dong is going to help you
or fumigation uh which also were very
popular is not necessarily uh very
accurate but for instance ancient
Egyptians had a
pregnancy test by peeing on a bag of
wheat and which Harvard had done
extensive tests on and it works. Uh and
uh the Elommites I think it was as well
also did early gender selection using
peeing on bags of different seeds. Uh
not to select a baby in the way that we
think of gender selection now because
just they wanted to know. So
these kind of uh preoccupations have
been with us since the earliest times uh
and they're still going on now and
across the world and and it also gives
us a great insight to how people moved.
So you get the very earliest snake
imagery which we imagine is from
Christianity, Garden of Eden. No, it is
way way way earlier than that. And you
get the same snake sculptures that are
quite often um to do with earth
sculpture and um because we've now got
drone footage, we can see oh the same
one appears in the fertile cresant and
then appears on the Mexican coast and
those are people that have just moved
45,000 years ago through the bearing
straight and gone down the west coast of
what we now term America and they're
taking the same imagery with them. So
and and then it gets adapted over time
and then we get more and more
patriarchal control. We move from the
realm of women as I've said in
prehistory uh to where women were not
necessarily revered because there are
lots of death cults around women and and
associations with death regarding women
probably to do with death and childbirth
but not necessarily still a bit of a
mystery to towards established religion
where it's just really about land and
power consolidation and money and
status. And so the strictures become
they draw on all of these old
traditions, these mystical traditions
because there is for I think for many
men, not all men, uh a great sense of I
mean this stuff that's coming out of
America where they just your average man
does not understand the lady parts
and they just really don't. And and this
is not this is not your old white dudes.
This is the college kids still don't
understand. Um it's like how
so it becomes something other which
Prague has written a lot about. So the
woman is other because it's secret and
mystical and there is an enormous amount
of male jealousy and fear surrounding
that. You are you are knitting organs in
there and he can't see how you're doing
it. So he wants to know and control that
and because that is just it's the nature
of the beast. And so the more structured
things become, the more resource scarce
resources become, which we are seeing
this right now, the stronger this need
to control becomes. And and it draws on
all of our history, our collective
global history, the myths, the legends,
the superstitions, everything, the the
morality of it all, it draws on that to
create a framework of control. And it's
just it's shutting down tighter and
tighter all the time. We we we tell
ourselves we can have everything. Yeah,
you can have everything, but you can
also do every unpaid wave labor job,
which is what motherhood is. It's unpaid
labor, which is your duty out of love.
Well, it's still unpaid labor. And then
you can go to work as well because women
should work and should contribute and do
all these different. So, you know, you
can have everything, but do you really
want to be carrying everything around
with you all the time
>> when when it's not expected of other
people?
>> Sorry, that was
>> No, no, no. Thank you so much. I think
it's really gives a great idea of the
scope of the book and and how how across
cultures and across time it's all about
I think something else that kind of I
feel like goes across both books is the
idea of control and the idea of
controlling people but especially the
idea of maternity and maternal
performativity in a way it's about
performativity it's about conforming to
a certain idea. societal idea of what
motherhood should be like and what
womanhood should be like. I wonder how
it was for you to write about your own
personal experiences in it and how do
you feel about that like how vulnerable
and and
>> yeah I mean I've written about personal
experiences throughout I think when I
wrote my book on Doris Leing I sort of
realized that her leaving behind two
children when she left her first
marriage was going to be a sort of key
question for me in writing about her and
that I was going to bring my own
experience to thinking that through. how
could you not? And that it felt more
honest to bring myself right onto the
stage. And so I in that book and then in
in the one I wrote after on DH Lawrence,
I sort of used my day-to-day experience
as a kind of prism through which to
examine what I was doing. I think in
this um in this book, I just wanted my
experience to be a kind of starting off
point. I wanted to be saying, I'm not
sweeping in from afar and looking at
this material. I have been in that
courtroom, too. I know what it's like to
be interrogated by a barristister. know
how what happens to your most intimate
experiences when they become a kind of
bullet points on a statement and when
you're trying if you're someone who sort
of lives with complexity and and sort of
celebrates complexity how how do you
then sort of say but no that's not quite
there kind of all that is is somehow
eliminated so that was for me the main I
didn't want to write much about myself
but just wanted to be in Yeah. Um I was
interested when you were talking and and
sort of thinking there was a side of me
that that sort of thought it might be
worth talking about the men in my book
too in a way that um I think I am very
sympathetic to to the men in in my book
and and that probably hasn't come across
but I think sort of what happens with
these ideals of the good mother is that
it it kind of it's bad for everyone that
the kind of idealization
of the good mother and therefore the
kind of punitive victim victimization of
of of the bad mother means that there
are then also ideals of of sort of
masculinity that the men are pushed into
and that they find themselves kind of
bewilderedly
using the same language and kind of
criticizing the women for the for the
same things and and kind of getting
involved in these court cases and
actually
it it felt to me like there's sort of
something that happens in a in a
marriage I think as well where people
become extreme versions of themselves
and kind of define against each
and with with say the kind of opening
chapter on uh an woman in the 1830s in
in Britain called Caroline Norton who
who sort of who lost three children. She
didn't know that she didn't have she was
very much the main car for them. She
breastfed herself unlike many women of
her time and then suddenly the husband
got fed up with her because she was too
flamboyant and glamorous and write and
wrote books and he felt a bit left
behind and decided he was going to show
her that actually he owned their
children. And I think what happened with
them was that he sort of you can see him
becoming a kind of worse version of
himself year after year, but that he
doesn't begin he begins sort of
genuinely rather good humored and
affable and adoring her and and not
quite knowing what he's found himself in
in. And it's it's the kind of ideas of
19th century masculinity that sort of
trap him in a way as much as the the
kind of ideas of femininity trap her.
>> Yeah. I think they these ideas very
fixed ideas of a femininity and
masculinity disad advantage men as
women. Um and I think in both the books
I what I found really interesting was
that there is this this expectation from
women to be mothers to be a certain kind
of mother but then the same ideas are
weaponized against them and used against
them as well. Um, so that's something
that I found really interesting. But I I
I I think we could talk for so long
about these books and that's really
interesting. But I would like to take
some audience questions now if that's
okay.
There's a somebody here.
I was probably sat in the most awkward
place. Um,
so I'm really fascinated about these
links between what motherhood then
means, not only for your role as a
mother and your identity as a mother,
but also how that then impacts on how
you're seen in every other dimension of
your life. Um, and I think that kind of
touched on briefly for both of of you in
there that about these ideas about kind
of morality and what is good and what is
bad. Um, so complete disclaimer, I have
no children for lots of different
reasons. Um, and I'm also a
pediatrician. Um, and repeatedly
throughout my training and my career,
I've always been told, um, well, you'll
never be a good doctor because you don't
have your own children. You have no idea
what it's like for anybody else. How
could you possibly empathize with any of
your families? Um, and equally, I see my
colleagues who do have children also
have it flowing back right the other way
about, well, how can you be a committed
doctor if you have your own family and
won't they always come first? So, you
know, there's there's you can never win,
right? Um, but it just fascinates me.
These are two completely distinct parts
of your life and your identity and your
role. And yet the morality perception of
motherhood is felt to be a valid
judgment on everything else we do.
>> As a mother,
if someone starts a conversating
question about morality, no, I'm just
I'm going to throw it back to both of
you. Lucy, please. Would you like to say
about
>> Yeah, it's the same thing. It's we have
a lot of this with this current American
administration just only because it's
and I don't say it but you have it. K
star has done it as well when they're
talking about the behavior of women or
the behavior towards women in any given
sphere. Starmmer is a a criminal for it.
Um as a father you know um and and they
do it all in the time and in America.
But as a father, what that validates
your position on whether you think women
shouldn't be raped
like that's and and as a mother it means
suddenly you're the earth mother and
everything you say is it's it's it comes
from a place of love
>> and it's just so and then which is so
the sentence doesn't I can't remember
anything to do with the sentence after
as a mother as a father um because they
don't mean anything doesn't validate
your position it it's something that's
biologically you have undergone and um
experienced and your experience is
absolutely valid and part of who you
are. But it does not give you the right
to judge someone else or or to to that
your experience is then their experience
or or should influence their experience.
God forbid. So unless in it's in an
extremely positive way in a difficult
moment ob you know if you're imparting
empathetic
sharing information that helps but as a
mother no um and there is certainly that
>> that can absolutely um
>> yeah I mean I think what happens in in
custody courts is that and if you are a
mother that's that's meant to subsume
your identity and a lot of the women in
my book are punished because they've
asked for more. They've said, "I'm a
mother, but I'm also an activist or I'm
also a writer." And that, you know, that
may mean writing about difficult
material that wouldn't be suitable for a
child to read, say, and does that make
you then a bad mother because you're
writing books that you wouldn't want
your child to read. It sort of becomes
so um difficult to disentangle these
identities. I think that's true.
>> Absolutely. And I do think that this
this idea of uh if you're a
professional, you cannot be a mother and
you're not committed. This idea of
motherhood penalty exists. Of course, be
even before a woman becomes pregnant
because they wouldn't be committed. I
know I've encountered that in my own
life. For a long time, I didn't talk
about being a mother because I thought
that would kind of invalidate how
committed I was to my career. But on the
other hand to be to
consider that somebody can't be a good
pediatrician or have the necessary
skills and experience and empathy if
they haven't experienced in their own
lives is another sort of judgment. So
this idea of morality linked with the
the label of being a mother is is is
through history. That's what I think you
both have written in your books as well.
It's very true. So thank you for that.
Any other
>> great question
>> and there's one over there.
>> Uh thank you. Just question well not
some observations really for Lara just
by way of background. I've been a family
lawyer for nearly 50 years um dealing
with children cases. So your comments I
find extremely interesting and I I agree
with the vast majority of what you say.
Um just interested to note uh you said
that you were attending family courts
now as a journalist which is something
that's only happened relatively
recently. What sort of factors would
determine which cases you decided
>> you would like to look at? And the
reason I asked that is that when this
was brought in a few years ago um
certainly myself colleagues expected
lots of interest and I have not had one
of my cases and I'm in court and I have
been nearly every day for the last 40
years. Not one case uh uh have I had a a
journalist once sit in on. So I was just
interested on that.
>> Oh, I mean have you been in touch with
journalists about cases? Because it's
partly that journalists, you know, it's
sort of very random what you hear about.
But just to answer, so I kind of began
by just doing a week slightly at random
at different courts. Some courts you can
have designated um transparency. I mean,
this might be a conversation to have
after it might be a bit niche, but some
designated judges who talk to
journalists who'd sort of tell you,
"Yeah, we've got this final hearing
you'd find interesting." I've also had
some barristers write to me saying,
"You'd be really interested in this
case." And then I've since starting to
publish, I've had a lot of parents
writing to me. But the danger then is
that I only go to the really extreme
cases and I want to keep sort of just
getting the sense of like what a day is
like. And I I quite like just sitting in
with a judge and doing their whole day
and sort of um getting a sense of the
different cases interacting and not
feeling because otherwise um I may be
seeing only the very best or the very
worst judges that can feel like where I
end up. But yeah, I think it's really
difficult to get that many journalists
into courts and there are lots of
initiatives trying to do it. It's really
expensive if you're a salary, if you're
like a freelance journalist going into
court for a week and not knowing if
you'll find a case that will make a
national newspaper. So, you sort of I
was doing it because it was part of this
larger research project for my book and
I had had the time and I I'm now doing
it because I'm kind of addicted to being
in court. But, um it is there aren't
that many journalists and there aren't
going to be I think
>> I think there was another question here.
They're here.
How have you um seen kind of uh
influencers and on kind of motherhood on
the internet? because I I know uh well
um I don't want to kind of like shame my
sister or anything but you know I know I
get the impression that you know some of
this can kind of put pressure on people
to be the kind of like the perfect
mother and bring up their children in
the kind of perfect way. I mean have
have you seen a kind of big
psychological impact on either this or
the children or is it is it positive or
negative or Yeah. What have you really
seen on that?
>> Uh oh, that's really interesting
actually. Thank you for the question. Um
yeah, well influencers it depends how
much I mean I love a bit of Instagram.
Um the recipes and everything. I'm all
over that. And um
yeah, the there is there's definitely I
think I think kind of social media we're
entering a new social media as well
where I mean there are people
who make Night Rider out of their
Daxonss. I am a sucker for a Daxon video
as well, I tell you. Um, you know, he's
got the flashing collar and everything
and they do night shoots in a car park
and they've got a script and everything.
So there and the expectations are high.
Um, um, yeah. Um, he's called Sepy, by
the way. You can find him. He's great.
And so yeah, and I've se also actually I
do watch because of the cooking ones.
There are quite a lot of um and also I
did a in 2013 I I did some teaching in
Cleveland in Ohio which included
teaching people who are going to be
working with the Arish and we went to
see the Arish and all that also
fascinating because that's not going to
affect them what they're doing. Um but
that so and so I see I end up seeing
because of the algorithm algorithms I
end up seeing people who cook in an
Amish fashion or or whatever and how how
they cook for their children big
families. Uh and then there are also
expectations of motherhood. This is
quite interesting. There is a lady I
cannot remember her name for the life of
me. I think she's got eight children.
That's a significant load. And she also
works full-time and she makes enormous
meals either pre-prepared or at night
when she gets in. And you can see she's
absolutely exhausted. This is there is
no curation involved in this. She is
just telling you how it is. Her kitchen
is not perfect. She is getting as much
packed into these kids nutrition-wise as
she can that she can make in 40 minutes.
That that's basically her life. the
comments on there was tons of people who
were supportive of her and there are
loads of people who are like oh opening
another can and things like that you
know and she but she keeps going because
she hasn't got a choice and and I think
that people like that out there are
enormously refreshing there are tons of
people who I mean it's like the matern
maternity version of the rich kids of
Instagram you know 180 pound baby grows
and things like that. Yeah. But also,
you know, there are reasons for having
people put in asylums. Just because your
husband doesn't like you is not not a
valid one. Um it's
they exist for a reason. But um so it's
it's I do think that there is a lot of
pressure brought about by social media.
Do I think that people put pressure on
other people all the time for no reason
anyway? Yeah, kind of. Um, and luckily I
never had to compete about baby grows.
That's one positive. Um, but yeah,
we're yet to see how far that goes
because there are extremes in social
media that as we all know that are not
witnessed in in daily life. But do I
think that social media changes? I do
quite a bit of work with um creative
writing workshops for uh teenagers and
I've done some work in all girls schools
and I always say and they say well you
have to have someone sit in with you
okay that's fine and I say but if it's
when we do Q&A can we just have the room
to ourselves and some schools agree some
schools don't but when they do agree
it's amazing what the girls come out
with now even in the last seven or eight
years um
because expectations of them of their
behavior sexually. I mean, who was
having those? You certainly weren't
having those conversations in the ' 90s.
Not in my schools anyway. Um, but what
because they're articulate kids, what is
going on in their heads? And and the
expectations of them now are so massive,
it can only ripple over into female
identity and the whole spectrum of
pregnancy and birth. Sorry.
>> Yeah, thanks for the question. I think
it's a really fascinating question and
um I just wanted to touch on it because
I researched that a lot for my own book
and uh for a very long time Instagram
was a very curated especially Instagram
was a very curated platform and
motherhood was being performed in a
certain way what to feed your children
how to dress them this kind of beige
kind of clean images of motherhood and
then um we moved on to and there was all
this about motherhood and mother Mary
and all those kind of abusions as well.
And then we moved into this idea of
being we going to be honest and we going
to be very chaotic and messy and show
the real motherhood. But I what I want
what I touched on was that who's allowed
to do that or who's not allowed to do
that and who we see in there a very
white middleclass motherhood and not
other people because they're judged more
for being messy and brown workingass
black mother for instance. So I think
there is all these things happening but
we have to think about even in these
platforms who's visible and who's not
and what that means for how motherhood
is performed in society. So thank you
for that. Um, first of all, I just
wanted to say that the
>> sorry, the shame thing is
all women, no matter what your position,
as somebody who is by choice childfree,
I also got the same shame.
>> What's wrong with you?
>> It's Yeah.
>> What's wrong with you?
>> Um, I wanted to talk about the parallels
in fiction,
Lara. Um, the one that immediately
sprang to mind because obviously we're
going to be hearing about the Bronty's
later on today is the tenate of Wildell
Hall. Did you feel that your research
was in any way influenced by things like
that?
>> Yeah. Yeah. Great question. I mean I
yeah I have a big digression on the 19th
century realist novel actually and I
think for me the the kind of great
custody story is Anna Corinina
um where
uh I think that the scenes between Anna
and her son are so much more
passionately and movingly written than
the love scenes between Anna and Bronka.
the more I read that book, it seems to
me primarily a book about about custody
and about um about Anna's loss of her
son and and and sort of how that's both
inevitable and um and tragic and how it
kind of then you know sets in motion
what's what's going to come for for Anna
by the end of the novel. Yes,
absolutely. Tend to welfare. Also Hardy
um do the obscure. Um,
yeah, I think custody was a very live I
mean, it's partly what what I kind of
argue in a way is that that family law
and the realist novel kind of developed
in tandem and that people hadn't turned
to courts to settle their intimate lives
and people hadn't written massive books
about um family life and somehow those
those happen together and I think that
that is um kind of more than a
coincidence and I think they they really
illuminate each other those two worlds.
Thank you so much and I think we'll have
to bring this to a close now. U please
join me in giving um Lara and Lucy a big
hand and also their books are available.
Please do buy them and read them.
They're fantastic. So