A wife’s time honoured Christian wedding vow is often “to love, honour and obey” her husband.
22 Wives should be subordinate to their husbands as to the Lord.
23 For the husband is head of his wife just as Christ is head of the church, he himself the savior of the body.
24 As the church is subordinate to Christ, so wives should be subordinate to their husbands in everything.
[INDENT][INDENT]Ephesians 5::22-24 http://www.usccb.org/nab/bible/ephesians/ephesians5.htm[/INDENT][/INDENT]
3 But I want you to know that Christ is the head of every man, and a husband the head of his wife, and God the head of Christ.
[INDENT][INDENT]1 Corinthians 3:3: http://www.usccb.org/nab/bible/1corinthians/1corinthians11.htm[/INDENT][/INDENT]
1 . . . you wives should be subordinate to your husbands . . . .
[INDENT][INDENT]1 Peter 3:1 http://www.usccb.org/nab/bible/1peter/1peter3.htm [/INDENT] [/INDENT]
16 To the woman he said: “I will intensify the pangs of your childbearing; in pain shall you bring forth children. Yet your urge shall be for your husband, and he shall be your master.”
[INDENT][INDENT]Genesis 3:16 http://www.usccb.org/nab/bible/genesis/genesis3.htm[/url][/INDENT][/INDENT]
74. . . . the honorable and trusting obedience which the woman owes to the man. . . .
75. . . . this false liberty and unnatural equality with the husband . . . .
[INDENT][INDENT]Pope Pius XI, Casti Connubbi, (Encyclical on Christian Marriage, 1930, at 74-75): http://www.vatican.va/holy_father/pius_xi/encyclicals/documents/hf_p-xi_enc_31121930_casti-connubii_en.html [/INDENT] [/INDENT]
11. . . . The husband is the chief of the family and the head of the wife . . . .
[INDENT][INDENT]Pope Leo XIII, Arcanum Divinae Sapientia, (Encyclical on Christian Marriage, 1880, at 11): Arcanum Divinae (February 10, 1880) | LEO XIII
Of course examples can be found that promote equality, but the simple fact remains that submission by the wife to her husband is deeply entrenched in Christian matrimonial tradition.
If the worst presented to a Court was that Freekalette was submissive to her husband, the Court would be very hard pressed to find that to be a reason to take her children from her.
I expect that what a Court would do would be to look at all the circumstances of both bio-parents’ lives with a view to the best interests of the children. Yes, submission to her husband would be a very significant factor to be considered, but it would only be one of many factors.
If all other things were equal between the parties, much would come down to how the facts were construed. Is Freekalette a sexual deviant who cannot control her urges to the degree that her children are embroiled in her perversion, or is Freekalette a goodwife, in the best Christian tradition, who is exemplary in how she conducts herself in proper submission to her husband, so as to best provide a stable and loving home for her children?
In practice, however, all things between the parties are rarely equal. When it is that close, often the advantage obtained by one side or the other through an early temporary custody order will tip the balance.
I have found that when one or both of the parties in a custody dispute is/are D/s and/or BSDM, both spouses often (well, usually, in my experience) accuse the other of being abusive, regardless of whether or not there actually was any non-consensual abuse, and regardless of who the actual abuser was. It is especially common for one party or another to start the litigation off with a bang by getting an ex parte emergency order (where one side runs to court and gets an order without the other having an opportunity to respond) for temporary custody based on there having been spousal abuse, and then put the brakes on the case. That leaves the kids in the house, the allegedly abused spouse in the house with the kids, and the allegedly abusing spouse on the street until the matter can be properly heard, essentially having to defend against “Have you stopped beating your spouse?” with the response “My spouse beat me!” or “My spouse made be beat him/her!” That usually results in a social worker or other expert getting involved to report to the Court on what actually was going on in the family, which of course takes time, during which the accuser is in the house and the accused is still on the street, paying child support and possibly spousal support while at the same time trying to find an affordable home for the children should he or she ever get custody. After enough months go by, the accuser pushes the issue of stability (all things being equal, it is best for the children to not be removed from their home), so it can be quite an uphill battle for the accused, even if the accusation was groundless.
Kinky and non-kinky people use these tactics, but as you can see, if the opposition is a bit kinky, it makes it easier for the party going for an emergency order to get away with it. What it comes down to, is that with custody litigation, the gloves come off, such that even the most constructive, loving, and consensual acts are often portrayed as being destructive, hurtful, and non-consensual, so people who are kinky are certainly at a disadvantage, even if their kink is totally unrelated to their parenting ability. When there may be an overlap between the kink and the parenting ability (for example, the 24/7 nature of Freekalette’s submission), then the kinky person would be at a very significant disadvantage, for even if the kink eventually were to be discounted (e.g. showing that she was being a Christian goodwife as opposed to a perv), getting custody back after an initial interim custody order is made is always an uphill battle.