Canadian Barbara Kay writes about a positive development across the pond. (H/T Andrew)
Excerpt:
Two weeks ago the U.K. government announced its intention to amend the 1989 Children’s Act. Changes will include a “presumption of shared parenting” to ensure that children’s relationships with both parents continues after separation. Under the current adversarial system, as in Canada, legal custody battles almost invariably end with mothers gaining sole custody.
The decision was based more in pragmatism than compassion. Mounting sociological evidence confirms the terrible social costs of fatherlessness: triple the rates of truancy, teen pregnancies and drug abuse, to name a few.
Also proposed is a £10-million mediation fund. One spokesman enunciated what has become obvious to rational observers: “The courts are rarely the best place for resolving private disputes about the care of children.” In truth, no one but career stakeholders favours the status quo.
Let’s hope the U.K. example will hasten the inevitable arrival of equal shared parenting (ESP) as the default presumption, in the absence of abuse, in Canada. This is, after all, an idea whose time came decades ago. The 1978 Family Law reform Act interpreted the “best interests of the child” to mean: “where feasible, a child should have maximum access to both parents”; the “animosity of the parents should not interfere with this interest”; and the “needs of both parents should be considered.”
The in-depth 1998 Senate-House of Commons Joint Committee Report For the Sake of the Children also recommended ESP as a default presumption. But the report fell into a black political hole. Guided by feminism-inspired “social context” courses they take at the National Judicial Institute, unaccountable family-court judges with no expertise in children’s best emotional and psychological interests privilege mothers’ rights in hugely disproportionate numbers.
Indeed, fathers’ money is welcome, but the fathers themselves aren’t considered necessary to their children’s well-being at all, nor their children necessary to theirs. In 2003 justice minister Martin Cauchon stated, “Divorced fathers have no rights, only responsibilities.” He might well have added, “Divorced mothers have no responsibilities, only rights.” For fathers who fail to pay child support, even when they can’t pay, may spend more time in jail than a cocaine dealer and have their faces plastered on the Internet as “deadbeat dads”; but how many Canadian mothers have spent a night in jail for arbitrarily denying a father court-appointed time with his children?
Ideologues argue that fathers only demand equal parenting rights as a “patriarchal backlash” or to reduce their child support burdens or to punish their ex-mates. Some individual men are doubtless guilty of bad faith, just as some individual women seek sole custody for its material benefits or to punish their ex-mates.
Here’s an excellent lecture by Jennifer Roback Morse about the divorce issue.
If you don’t understand how divorce laws hurt fathers and their children, please read this excellent paper by Stephen Baskerville, published in Touchstone magazine, and this excellent paper from Touchstone magazine by Robbie Low, which explains how fathers are vital to passing on religion from parents to children. Every Christian should know as much about marriage as they know about abortion. Every Christian should have as much opposition to divorce as they have for abortion. And every Christian should put as much effort into preparing to be convincing on the marriage issue as they are on the abortion issue. This matters.