How divorce laws discourage marriage

A friend notified me of this new article by the Canadian journalist Barbara Kay about a recent decision by a judge in Ontario, Canada. The article states that a Toronto judge has awarded custody of the 3 children from a dissolved marriage to the father, as a result of the mental trauma suffered by the children while they were in custody of the mother. The article notes that this is a “stunning and unusual family law decision”.

According the Government of Canada’s own numbers, sole-custody is awarded to the mother in nearly 80% of divorce cases:

In the majority of cases (79.3 percent), the mother had sole custody; the father had sole custody in 8.7 percent of cases. Shared custody (a child spends at least 40 percent of the time with each parent) and split custody (one or more children have primary residence with the mother and one or more children have primary residence with the father) were relatively infrequent at 6.2 percent and 5 percent, respectively.

In this particular case, Kay notes that the mother (K.D.) had pressured the children to distance themselves from their father (A.L.). She writes:

According to the judgment against K. D., she is denied all contact with the girls, even by telephone or text messages She has been ordered not to come closer to them than 300 metres. A. L. has been given the right to confiscate their computers and cellphones. This is necessary, Justice McWatt said, because the mother had so poisoned her children’s feelings toward their father that they had lost their capacity for independent judgment in relating to him.

Now, for good men, the thought of losing access to our own children after a divorce is a terrible thing to contemplate. Two-thirds of divorces are initiated by women, often against the wishes of the men, under no-fault, (i.e. – unilateral), divorce laws. Additionally, there is the question of money. Alimony and child support payments can be high, and men can often be required to pay even if they lose their jobs!

In another related story, a Quebec judge overturned a father’s grounding of his daughter because the judge felt the grounding was too harsh! Men are not going to feel comfortable about getting married when the courts interfere with families in order to implement their politically correct agenda. Men want to be fathers, but it seems as if the courts are sending men a message: don’t marry, don’t have children.

Stephen Baskerville, a professor at Patrick Henry College, has written a cover story for Touchstone Magazine in which he explains the danger that faces men and women who choose to marry. This article summarizes Baskerville’s new book, and is highly recommended understand how and why the government discourages marriage.

Here is an excerpt from the article:

Though obfuscated with legal jargon (losing “custody”), what this means is that a legally unimpeachable parent can suddenly be arrested for seeing his own children without government authorization. Following from this, he can be arrested for failure or inability to conform to a variety of additional judicial directives that apply to no one but him. He can be arrested for domestic violence or child abuse, even if no evidence is presented that he has committed any. He can be arrested for not paying child support, even if the amount exceeds his means (and which may amount to most of his salary). He can even be arrested for not paying an attorney or a psychotherapist he has not hired.

This can happen to women as well, according to Baskerville, in certain cases. Christians typically believe in marriage, and research indicates that a stable marriage is the best environment in which to bring up children. Therefore, Christians should be concerned by the government’s attempt to weaken the bonds of marriage by providing spouses with financial incentives to file for divorce, seize custody of the children, drain their ex-spouse of money, and prevent the ex-spouse from having a healthy relationship with the children.

Stephen Baskerville was interviewed on the Chicago-based radio show Extension 720 with host Milt Rosenberg. This interview is alarming, but required listening for men and women contemplating marriage, and for those who want to see marriage encouraged, and not discouraged, by the government and the courts. Here is another interview with Dr. Baskerville, but this one is from the Dennis Prager show.

Marriage is without a doubt good for children, for spouses, and for society. Shouldn’t we be thinking of ways to encourage people to marry, and to stay married, instead of having the government provide incentives to divorce or not marry at all?

UPDATE: Australian study shows that kids are safer when they live with their fathers.

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