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Revision as of 00:18, 15 October 2007 editSlp1 (talk | contribs)Administrators27,819 editsm The Family court system: oops← Previous edit Revision as of 02:00, 15 October 2007 edit undoMichael H 34 (talk | contribs)Extended confirmed users4,390 edits Child custody - Shared parenting: add sentenceNext edit →
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| date =2007-03-20 | date =2007-03-20
| url =http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20070320/OPINION01/703200357/1036 | url =http://desmoinesregister.com/apps/pbcs.dll/article?AID=/20070320/OPINION01/703200357/1036
| accessdate =2007-03-28 }}</ref></br> | accessdate =2007-03-28 }}</ref> They claim that </br>
Members of the fathers' rights movement criticize the ] of the child standard currently used in many countries for making custody decisions, which they describe as highly subjective and based on the personal prejudices of family court judges and court-appointed child custody evaluators,<ref name="Fatherphobia">{{cite web Members of the fathers' rights movement criticize the ] of the child standard currently used in many countries for making custody decisions, which they describe as highly subjective and based on the personal prejudices of family court judges and court-appointed child custody evaluators,<ref name="Fatherphobia">{{cite web
| last =Schlafly | last =Schlafly
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| publisher = American Coalition of Fathers and Children | publisher = American Coalition of Fathers and Children
| url =http://www.acfc.org/site/DocServer/ACFC2saved.pdf?docID=181 | url =http://www.acfc.org/site/DocServer/ACFC2saved.pdf?docID=181
| accessdate =2007-03-15 }}</ref> They claim that their proposals to enact a rebuttable presumption of shared parenting have been defeated by their opponents' portrayals of fathers as a threat to their children's well being.<ref name="Why Dad's Matter">{{cite web
| accessdate =2007-03-15 }}</ref><br />
| last =Sacks
| first =Glenn
| authorlink =
| publisher =GlennSacks.Com also Houston Chronicle
| title =Why Dad's Matter
| date =2006-06-18
| url =http://www.glennsacks.com/why_dads_matter.htm
| accessdate =2007-10-14 }}</ref><br />


Critics claim that fathers are mostly non-custodial parents, not as a result of actual court bias, but because most fathers do not want to be the primary custodial parent to their children,<ref name="Separation Divorce and Remarriage">{{citation Critics claim that fathers are mostly non-custodial parents, not as a result of actual court bias, but because most fathers do not want to be the primary custodial parent to their children,<ref name="Separation Divorce and Remarriage">{{citation

Revision as of 02:00, 15 October 2007

Template:Discrimination2 The Fathers' rights movement or Parents' rights movement is a social movement whose members are primarily interested in issues affecting fathers and children related to family law, including child custody and child support sometimes after divorce. The movement receives international press coverage as a result of high profile style activism of Fathers 4 Justice and other national organisations internationally.


Background and history

The fathers' rights movement is a grouping of individuals and groups who are highly diverse in goals, methods and political views. They tend to focus on a narrowly defined set of issues of interest to their membership of divorced or divorcing men, in which fathers have become the 'new victims' of family law. Not just a men's movement, women, particularly the second wives of divorced fathers, have increasingly become involved in activities promoting fathers' rights.
Discussion about fathers' rights issues began in the West in the 1960s as changes to divorce laws prompted an examination of the legal rights and responsibilities of fathers and parents in general. During the 1970s fathers' rights organisations such as Families Need Fathers emerged.

In recent years, some fathers' rights groups have become frustrated with the slow pace of traditional campaigning for law reform. Groups such as Fathers 4 Justice have become increasingly vocal and visible, undertaking public demonstrations which have attracted public attention and influenced the politics of family justice.
Some Fathers’ rights groups have been short-lived and unstable, as members and leaders do not remain with the group after they have been helped. Infighting within groups has occurred.

Movement's Activities

The movement's primary focus has been to campaign (including lobbying and research) for formal legal rights for fathers, and sometimes for children, including changes to family law related to child custody, support and maintenance, abuse and violence as well as the perceived inequities in the family court system themselves.

Fathers’ rights groups also provide emotional and practical support for members during separation and divorce. With the increase in access to the internet, much advocacy, support and development of fathers' rights issues takes place through the internet, on blogs and forums.
Critics of the fathers' rights movement suggest that its members cast their personal troubles as pressing social problems, and use rhetorical strategies to elicit emotional responses. They suggest that the movement focuses on the needs and wants of fathers as well as symbolic issues of "rights", "equality", and "fairness", rather than on the nuts and bolts of actual parenting and the developmental needs and wishes of children.
Controversially, some fathers' rights activists in various countries have been accused and convicted of criminal activities, including stalking, harassment, and violence. Glenn Sacks, a prominent fathers' rights activist, has condemned "the mentally-imbalanced "radicals" at the extreme end of the fathers' rights movement" who describe the perpetrators as heroes.

Main Issues

The Family court system

Main articles: Adversarial system, Family law, Divorce, No-fault divorce, and Best interests

Members of the fathers' rights movement criticize the win or lose adversarial system currently used in most Western countries to determine divorce and child custody issues, stating that the system is biased against fathers in making custody decisions and in preventing interference with a father's parenting time once it has been ordered. They note that an adversarial approach is expensive in time and money, and claim that that those working within the court system have a “vested interest in separating children from their parents.” Fathers' rights activists report that family courts are biased in favor of the mother, sole custody, and geographical/one-parent stability, and point to studies noting that women initiate at least two-thirds of divorce, with the claim that "automatic custody" for mothers is one of the reasons for this. They protest what they see as judicial abuses such as the use of secretive in camera hearings and claim that fathers who have criticized the court system publicly have been sanctioned by fines and reductions in custody and parenting time. Some activists argue that some men have been driven to suicide by family courts, while others acknowledge that these suicides often might stem more from personality factors than legal bias. Critics of the fathers' rights movement note research that fathers are accorded considerable significance in custody decisions and are not discriminated against. Some critics also state that based on significant research, family courts discriminate against mothers as a result of gender bias and influence from the fathers' rights movement.

Child custody - Shared parenting

Main articles: Best interests, Child custody, Shared parenting, and Rebuttable presumption

Stating that "children need both parents", the fathers’ rights movement calls for greater equality in parental responsibility following separation and divorce. They call for laws creating a rebuttable presumption of 50/50 shared custody so that children would generally spend equal time with each parent unless there were reasons against it. They point to studies showing that children in shared custody settings are better adjusted and have fewer social problems such as low academic achievement, crime, pregnancy, substance abuse, depression and suicide, and claim that shared parenting is in fact in the best interests of the child. Members of the fathers' rights movement and their critics disagree about the correlation of these negative developmental outcomes for children to sole custody situations. Critics claim that poverty is the cause of these negative developmental outcomes, while members of the fathers' rights movement state that these problems correlate more strongly to "fatherlessness" than to any other variable including poverty. They claim that
Members of the fathers' rights movement criticize the best interests of the child standard currently used in many countries for making custody decisions, which they describe as highly subjective and based on the personal prejudices of family court judges and court-appointed child custody evaluators, and that courts are abusive when more than half custody is taken away from a willing, competent parent. They claim that their proposals to enact a rebuttable presumption of shared parenting have been defeated by their opponents' portrayals of fathers as a threat to their children's well being.

Critics claim that fathers are mostly non-custodial parents, not as a result of actual court bias, but because most fathers do not want to be the primary custodial parent to their children, and they also point to research suggesting that joint custody arrangements are good for children only if there is little parental conflict. They also argue that if shared parenting were ordered, fathers would not provide their share of the daily care for the children.

Critics question the motives of those promoting shared parenting, noting that it would result in substantial decreases in or termination of child support payments. They also claim that some fathers' rights groups are more interested in enabling men to re-establish authority over their children and ex-partners and that issues of power and control in cases of domestic violence and child abuse are ignored. In response, fathers’ rights advocates point out that a rebuttable presumption for shared parenting would preserve a child's protection against unfit or violent parents.

Child support

See also: Child support, Advocacy, Single parent, Sociology of fatherhood, and Paternity fraud

Members of the fathers’ rights movement campaign for the reform of child support guidelines, which in most Western countries are based on maintaining the children's standard of living after separation, and on the assumption that the children live with one parent and never with the other. Activists complain that the current guidelines provide mothers with financial incentives to divorce, and leave fathers with little discretionary income to enjoy with the children during their parenting time. In their place, fathers’ rights activists propose guidelines based on a Cost Shares model, in which child support would be based on the average income of the parents and the estimated child costs incurred by both parents. These guidelines are opposed by critics, however, because critics claim that they focus on the relative living standards of divorcing parents rather the best interests of the children and supporting them at the same level after divorce.
Noting research that cultural communities emphasize different aspects of fatherhood, members of the fathers' rights movement state that the law should value a broader definition of fathering by reducing the focus on collecting child support and increasing the focus on encouraging informal contributions (such as groceries, clothes, toys, time with the children) as child support.
Members of the fathers’ rights movement suggest that child support should be terminated under certain conditions, such as if the custodial parent limits access to the children by moving away against the wishes of the other parent, gives fraudulent testimony, or if paternity fraud is discovered, adding that two men should not have to pay child support for the same child.
They also complain that it is often difficult for fathers in financial hardship or who take on a larger caregiving role with their children to have their child support payments lowered. They point out that unemployment is the primary cause of child support arrears, and claim that arrears makes the father subject to arrest and imprisonment without due process.

Domestic violence and Child abuse

Main articles: Domestic violence, Emotional abuse, and Child abuse

Members of the fathers' rights movement assert that women make false claims of domestic violence or child abuse in order to gain an upper hand in divorce, custody disputes and/or prevent fathers from seeing their children. They contend that false claims of domestic violence and child abuse are encouraged by the inflammatory "win or lose" nature of child custody hearings, and that men are presumed to be guilty rather than innocent by police and by the courts. They protest the inclusion of vaguely-defined and difficult-to-refute definitions of violence based on fear, harassment and stalking, in child custody hearings.
Members of the fathers' rights movement state that it is extremely rare for fathers to abuse their children. They add that when child abuse occurs, the perpetrator is not likely to be the father, and that the child abuse most often occurs after the father has been separated from his children. They suggest that government policies are creating child abuse by separating children from their fathers.
Members of the fathers’ rights movement protest the lack of attention paid to male victims of domestic violence. They point to domestic violence studies based on the Conflict Tactics Scale, which suggest that men and women act violently toward their partners in about equal percentages. They also claim that men comprise a "significant minority" of the victims of domestic violence, and they call for more services to be provided for male victims of domestic violence.
Critics note research which suggests that women rarely make false allegations of domestic violence or child abuse,and that in any case allegations of child abuse rarely result in the denial of all parental contact. They criticize the domestic violence statistics from studies based on the Conflict Tactics Scale quoted by members of the fathers’ rights movement, claiming that the studies are flawed and that the statistics are used selectively. They state that women suffer more injuries, and women suffer more serious injuries, as a result of domestic violence than men.
They suggest that fathers' rights activists are trying to roll back protections for battered women.

Parenting time interference and Parental alienation syndrome

Main articles: Parental alienation and Parental alienation syndrome

Members of the fathers' rights movement state that some mothers interfere with the father's parenting time and that such interference should be stopped. They state that parenting time interference can result from the custodial parent's relocation beyond a practical distance from the noncustodial parent and they campaign for a rebuttable presumption prohibiting such relocations.

They claim that the controversial Parental Alienation Syndrome (PAS) is a valid syndrome in which a parent alienates the child against the other parent for the purpose of gaining or retaining full custody of the children, and they offer advice to fathers about what to do if their access to their children is affected by parental alienation.

Critics of the fathers' rights movement and of parental alienation syndrome note that it is not considered a syndrome by the American Psychological Association and that it is a strategy that has been rejected by some members of the legal community. Critics and members of the fathers' rights movements agree about the danger that parental alienation syndrome may be used by abusive fathers as a weapon against appropriately protective mothers in order to win custody.

Unwarranted Termination of Parental Rights and Adoptions

Main article: Parents' Rights Movement

Parents' Rights Advocates claim that many parents' parental rights are unnecessarily terminated, and that children are separated from fathers and mothers and adopted through the actions of family courts and government social service agencies seeking to meet their own targets, rather than looking at the merits of each case.
Members of the fathers' rights movement state that government employees harm children by disregarding the loving bonds they share with their fathers, when social workers typically place children in the foster care system without informing their fathers.

Fathers' rights movement by country

Main article: Fathers' rights movement by country

Issues related to the fathers' rights movement in specific countries are included in the Fathers' rights movement by country. The countries included are Australia, Canada, France, Germany, Ireland, Italy, Jamaica, The Netherlands, New Zealand, Sweden, The United Kingdom (UK) and The United States of America (USA). Of the aforementioned countries, Australia, France, Italy, The Netherlands, Sweden and a minority of the states in the United States of America have enacted a rebuttable presumption for shared parenting as of January 1, 2007.

Fathers' rights and issues with language

Fathers' and parents' rights campaigners state that parenting time should be used indiscriminately to replace contact, visitation and residence. The term visitation is particularly objectionable to fathers' rights activists, who believe that this term reinforces the idea that only one parent raises the children. It is perceived that there is a stigma associated with treating one parent as resident and the other as non-resident. The use of the terms absent parent, putative father, and non-custodial parent have also been challenged.

Some members of the fathers' and parents' rights movement state that no-fault divorce should be referred to as unilateral divorce and child support should be referred to as parental transfer payments.

Notable supporters

Public supporters of the fathers' rights movement and their issues, include divorced (and subsequently widowed) Live Aid founder, Bob Geldof, Irish writer and journalist John Waters, ex-UK Home Secretary David Blunkett and Karen DeCrow, former president of the National Organization for Women

Significant writers

Books

  • Fathers Rights Survival Guide by Mike L. Weening
  • Fathers after Divorce by Michael Green
  • Shared Parenting Jill Burrett & Michael Green
  • Myth of Male Power by Dr. Warren Farrell
  • Father and Child Reunion by Dr. Warren Farrell
  • Torn Apart: True Stories of Excluded Fathers (2005) by Tim Willis ISBN 1-904977-30-8
  • Fathers' Rights: Hard-Hitting & Fair Advice for Every Father Involved in a Custody Dispute by Jeffery Leving, Ken Dachman
  • GUIDE TO FATHERS RIGHTS by Attorney Ronald Isaacs.
  • Dedicated Fathers Audio Book Series by Marvin L. Chapman
  • Fathers Rights Protection System found at www.fathershelphotline.com By Dennis M. Gac


Research

See List of family separation research articles

References

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  2. ^ Collier, Richard (2006). "'The outlaw fathers fight back': Fathers' rights groups, Father 4 Justice and the politics of law reform- reflections on the UK experience". In Collier, Richard and Sheldon, Sally (ed.). Fathers' Rights Activism and Law Reform in Comparative Perspective. Hart Publishing. {{cite book}}: Cite has empty unknown parameter: |chapterurl= (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)CS1 maint: multiple names: editors list (link)
  3. ^ Kaye, Miranda (1998). "Fathers' Rights Groups in Australia and their Engagement with Issues in Family Law". Australian Journal of Family Law. 12: pp 19-68. Retrieved 2007-03-24. {{cite journal}}: |pages= has extra text (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)
  4. Sacks and, Glenn; Thompson, Dianna (2006-06-21), "Why Are There so Many Women in the Fathers' Movement?", Minneapolis Star-Tribune
  5. http://www.timesonline.co.uk/tol/news/uk/article531077.ece
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  7. Smyth, Bruce. "Child support Policy in Australia: Back to basics?" (PDF). Family Matters (67). Australian Institute of Family Studies. Retrieved 2007-10-10.
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  81. "Bob Geldof". Shared Parenting Information Group (SPIG) UK. Retrieved 2007-05-01.
  82. "Welcome to California Shared Parenting Alliance". California Shared Parenting Alliance. Retrieved 2007-03-18.
  83. "Family law reform helps children". Sunday Gazette Mail (West Virginia). Retrieved 2007-03-18. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)

External links

External Links Critical of the Fathers' Rights Movement

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