Patriarchy affects how custody battles are eventually ruled – and not because the court is particularly in favor of women. Today, regrettably, such assumptions seem to be on the rise. My wife has confessed that when she first learned I was a single dad she automatically presumed that mum had died! But the source of the bias is not in the courts – it’s in the marriage. As she points out, there is a danger of abusive men simply silencing mothers and children who oppose contact arrangements, by using the counter allegation of parental alienation. The one time such stereotypes were arguably harmful, however, was during my custody case. “And although the overall number of residence orders made for mothers was higher than those made for fathers, this was because a large number of such orders were made for mothers as respondents in cases where the father sought contact. By continuing to use this site, you accept our use of cookies. When my ex-partner left the family home I was determined that my daughter would in no way go without anything she was already accustomed to. The argument that Men's Rights activists make doesn't hold water. I do not even lift an eyebrow when a 2-year-old boy, who comes home from unsupervised visitation with his dad, has a diaper filled with his own rectal blood and that same child is later turned over to his father on a full-time basis. Judges in family courts can withhold information not just for the good of the individuals concerned, but also to conceal their own verdict. Why do you suppose fathers are so quick to give most of the custody to mothers? If you’re a dad and in a situation where your claim for custody is a rightful one, there’s no legal reason why that shouldn’t be the case. Many judges realize the fact that fathers are just as involved in parenting as mothers. We hear a lot about how the courts are biased in favor of mothers when deciding child custody. But in these modern times it’s no longer reasonable to assume this is always the case. Mother of boys killed by abusive father calls for system overhaul. Study finds family courts not discriminating against fathers. Tags: children, court, discrimination, father, human rights, mother, UK, unfairness This entry was posted on June 22, 2008 at 8:28 am and is filed under Anti-male discrimination . A serious topic Are family courts biased? In 1925, family courts evaluating cases of separation were guided by the Tender Years doctrine, which observed that kids under the age of 13 were more likely to be psychologically dependent on their mother for care. And up until the 1980s, this was mostly true. But the source of the bias is not in the courts – it’s in the marriage. This will be a particular norm among older members of the judiciary, of course. I’ll never know whether my gender factored against me in court. The Massachusetts Supreme Judicial Court Gender Bias Task Force also uncovered substantial evidence of gender bias against mothers in family courts. Whether it’s the ballet teacher talking about asking the “mums” for help at the summer show, school newsletters mentioning “mums” in the playground or Brownies asking “mums” for help sewing, barely a day passed when my apparent abnormality was not thrust upon me. Dr Maebh Harding, from the Warwick … In fact, perceived bias against men in family courts has, in large part, provided the so-called “Men’s Rights Movement” with momentum. Not based on the statistics above, anyway! I’m a contrarian by nature so took no small satisfaction in proving that I could be every bit the mum my daughter needed. There have been assumptions that mothers play the predominant role in their child's lives, and for that reason a child should not be separated from their mother. Three elderly female magistrates. Luckily I wasn’t especially offended by any of it. Given that the vast majority of family court decisions are that children should primarily reside with their mother and that they will have weekly contact with their father, I don't think there's that much of an inherent bias against mothers. Contact applications by fathers 'overwhelmingly successful' There is no evidence that family courts in England and Wales are discriminating against fathers because of gender bias, a new study by the Universities of Warwick and Reading and funded by the Nuffield Foundation has found. 7. ... UK Politics. “But there was actually no indication of any bias towards mothers over fathers by the courts; in fact we established there was a similar success rate for mothers and fathers applying for orders to have their children live with them. But if, when doing so, they fail to establish the real reason for a child’s resistance to contact, they may overlook abuse and/or domestic violence and, worse, they risk removing the child from a victimised mother and transferring him or her into the care of the abuser himself. And when you are a single dad, there are plenty of times you face being a little marginalised. The law itself is not written to impose bias, but in the past, decisions in the Family Courts have reflected the gender bias that exists in society. After a 10 year career as a divorce coach/consultant and doing extensive research on the subject, I've come to the conclusion that the courts are not the reason mothers retain custody in the majority of divorces. The research, by the universities of Warwick and Reading, found that on the contrary, contact applications by fathers were “overwhelmingly successful”. 'No court bias against fathers' A recent fathers' rights protest Claims that family courts are biased in favour of mothers have been rejected by top judge Dame Elizabeth Butler-Sloss. It’s worth noting, however, that any potential bias toward the mother is in many cases perfectly justified. While I’d always done a lot around the house I was suddenly in the position of having to do it all, and I quickly drew up a mental roster of everything I’d need to do to keep the ball rolling – cleaning, laundry, school uniform ironing, packed lunches, sewing ballet shoes, shopping. Wednesday 30th May 2018. A 2015 study by the University of Warwick concluded that family courts do not discriminate against the father. There have been assumptions that mothers play the predominant role in their child's lives, and for that reason a child should not be separated from their mother. For legal advice on all issues to do with divorce or separation, please contact the family team at BLB Solicitors. 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