Tag Archives: Custody

Podcasts

New version of Dr. Jennifer Roback Morse’s Love and Economics talk

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Dr. Jennifer Roback Morse
Dr. Jennifer Roback Morse

If you’ve heard it before, it might be worth listening again – this version is clear and new, and there is Q&A. This is my favorite lecture on marriage because she makes marriage seem like the Lord of the Rings or some similar epic. There’s good and evil, and it’s very dangerous and adventurous and important.

The MP3 file is here.

Her goal in this lecture is to explain what families do to help to raise children who can participate in society and the free market. Her audience is fiscal conservatives and libertarians who think that marriage and family are not as important from fiscal issues. She is making a connection between marriage and civil society, and civil society to limited government, and limited government to liberty. Family should be very important to fiscal conservatives and libertarians.

My favorite part is about 26 minutes in, when she is discussing government-run day care, government-provided meals for children and being very aggressive about how she doesn’t want government taking over the roles of mothers and fathers. The push to make government take over the parental roles flows from the idea that women need to be more like men, and that means they need to be separated from their children so they can work like men do. Also, government programs attempt to communicate to women that men are unecessary as protectors and providers and moral leaders, since the government can protect, provide and educate.

What she does not mention is that socialists also love the idea of taking money from the hard-working, frugal parents and redistributing it to single mothers so that all the children will be equally screwed with loveless day care and lousy public-school educations, which are really more indoctrinations than preparation for a profession. They like the idea that everyone will be equal and the only way to do that is to yank children away from their parents.

Consider the words of this radical feminist:

“We really don’t know how to raise children. If we want to talk about equality of opportunity for children, then the fact that children are raised in families means there’s no equality. […]In order to raise children with equality, we must take them away from families and communally raise them.”

(Mary Jo Bane:  Former Assistant Secretary of Administration for Children and Families in the Department of Health and Human Services of the Clinton administration)

This is what they think about the traditional family. The left thinks that the man’s job is to work, and the woman’s job is to work, and the government’s job is to steal their money so that everyone’s children are raised “communally”. This is what the left believes about marriage and family. That’s why they enact policies to break up marriages and push women out of the home to make them work like men. Leftists also don’t want parents teaching their children conservative views and values.

This lecture is highly-recommended. Christians really need to think about marriage and family the way she does. There are two things a woman needs to do to convince a good man to marry. 1) Treat marriage and family as a war against tyranny and socialism. 2) Understand and assist men with their needs and plans.

Commentary

Are family courts fair to fathers in assigning child custody?

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From the radically leftist UK Guardian.

Excerpt:

In the past, public sympathy may well have rested with the court, assuming it was doing its best for the children. But now there is growing evidence that family law has spectacularly failed to keep up with the changing role of men within the home and that children are suffering as a result. Judges are accused of stereotyping, making a legal presumption in favour of the mother and awarding meagre access rights to dads.

With the maturing of the “men’s movement” into more child-centred lobbying and support groups, and with rising numbers of divorce lawyers moving into mediation work and away from adversarial courtrooms, there is a growing understanding of the raw deal many fathers – and children – have been getting from the secretive British family court system.

[…]The government estimates that one in four children has separated or divorced parents. Despite all the evidence that children thrive best when they enjoy the support and love of two parents, only about 11% of children from broken homes will go on to spend equal amounts of time with each parent.

A significant number of fathers, some estimate as many as 40%, will within two years of the split lose all contact with their children. Previously this had been seen as a sign of male fecklessness, but now it is also being recognised that dads are being pushed away, not only by the residual conflict with ex-partners, but also by a legal system that works against them maintaining relationships with their children.

[…]Ian Julian, 49, is one of the tiny percentage of fathers in the UK to have won a shared residency court order for his son, now aged 16. But that was pared away into alternate weekends when his ex-wife sent their son to boarding school against Julian’s wishes. He has had to move four times to follow the house moves of his former wife.

“When I first went to a lawyer, she told me I had no chance of anything, but I was prepared to go to 100 lawyers to find one who would take my case,” he said.

[…]”I’ve heard a judge call a man ‘possessive’ for wanting more than two hours a week, and others make ‘no contact’ orders on hearsay evidence,” he said. “I’ve known mothers taken back to court for ignoring contact orders, but nothing is done. Bad behaviour isn’t just tolerated, it’s encouraged. Some of the judges I have sat in front of have traditional values along the lines of a woman’s place being in the home. But it’s not the experience of the average British family and a father seeing a child once every two weeks isn’t a meaningful relationship.”

This is actually pretty standard in Western nations, and it’s one of the reasons why there is an epidemic of suicide among middle-aged men.

News

Woman recants rape charge after man spends 2 years in jail

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Political Map of Canada

Story from Calgary, Alberta, the most conservative province in Canada.

Excerpt:

Charges against a Calgary man accused of raping a woman over a 10-hour period nearly two years ago have been unexpectedly stayed.

Crown prosecutor Karuna Ramakrishnan issued the stay after the 44-year-old complainant, who recanted her story under cross-examination by defence lawyer Rebecca Snukal on Wednesday, failed to show up in court on Friday for further questioning.

She had been ordered to do so by Court of Queen’s Bench Justice Sandy Park, so Ramakrishnan could reconsider her position.

John Francis Dionne, 43, had faced charges of sexual assault causing bodily harm, kidnapping, assault causing bodily harm and uttering death threats in connection with the alleged incident on Oct. 28, 2008.

His first trial ended in a mistrial in June, because of an issue with one of the jurors, and was rescheduled for this week.

The woman initially outlined in detail what she says occurred during the ordeal, but when cross-examined, she couldn’t remember specific details.

Then, when asked why she would accept a ride from the man she claimed had raped her for 10 hours she became frustrated and denied it even happened.

“I’m lying about everything,” she told Snukal.

“Hurry along because I’m lying about everything. He’s not a rapist . . . so there, that’s it. End of it . . . he didn’t rape me.

“Let Mr. John Francis go free. He’s not a rapist. It’s over. That’s all I have to say. Let him out.”

Dionne, who had been in custody since his arrest, was to be released some time later on Friday.

Her name has not been released – but his name was released. His life is therefore ruined. And she will probably not be charged, since it is very rare that women are charged for making false accusations. The man spent 2 years of his life in jail. Was there any evidence? She says she was lying about EVERYTHING. How could there be any evidence? And yet he spent two years in jail.

What effect will this have on men? What should men believe about women when things like this happen? What does this tell us about the court system?

Why do women make false accusations of rape?

One recent study listed three reasons why women invent false rape accusations.

Excerpt:

A study of rape allegations in Indiana over a nine-year period revealed that over 40% were shown to be false — not merely unproven. According to the author, “These false allegations appear to serve three major functions for the complainants: providing an alibi, seeking revenge, and obtaining sympathy and attention. False rape allegations are not the consequence of a gender-linked aberration, as frequently claimed, but reflect impulsive and desperate efforts to cope with personal and social stress situations.” ( Kanin EJ. Arch Sex Behav. 1994 Feb;23(1):81-92 False rape allegations. )

In 1985, a study of 556 rape allegations found that 27% accusers recanted when faced with a polygraph (which can be ordered in the military), and independent evaluation showed a false accusation rate of 60%. (McDowell, Charles P., Ph.D. “False Allegations.” Forensic Science Digest, (publication of the U.S. Air Force Office of Special Investigations), Vol. 11, No. 4 (December 1985), p. 64.)

And this also happens in divorce trials in order to get custody.

False accusations in divorce trials

Consider this article from Touchstone magazine, by Stephen Baskerville.

Excerpt:

Today it is not clear that we have learned anything from these miscarriages of justice. If anything, the hysteria has been institutionalized in the divorce courts, where false allegations have become routine.

What is ironic about these witch-hunts is the fact that it is easily demonstrable that the child abuse epidemic—which is very real—is almost entirely the creation of feminism and the welfare bureaucracies themselves. It is well established by scholars that an intact family is the safest place for women and children and that very little abuse takes place in married families. Child abuse overwhelmingly occurs in single-parent homes, homes from which the father has been removed. Domestic violence, too, is far more likely during or after the breakup of a marriage than among married couples.

Yet patently false accusations of both child abuse and domestic violence are rampant in divorce courts, almost always for purposes of breaking up families, securing child custody, and eliminating fathers. “With child abuse and spouse abuse you don’t have to prove anything,” the leader of a legal seminar tells divorcing mothers, according to the Chicago Tribune. “You just have to accuse.”

Among scholars and legal practitioners it is common knowledge that patently trumped-up accusations are routinely used, and virtually never punished, in divorce and custody proceedings. Elaine Epstein, president of the Massachusetts Women’s Bar Association, writes that “allegations of abuse are now used for tactical advantage” in custody cases. The Illinois Bar Journal describes how abuse accusations readily “become part of the gamesmanship of divorce.” The UMKC Law Review reports on a survey of judges and attorneys revealing that disregard for due process and allegations of domestic violence are used as a “litigation strategy.” In the Yale Law Review, Jeannie Suk calls domestic violence accusations a system of “state-imposed de facto divorce” and documents how courts use unsupported accusations to justify evicting Americans from their homes and children.

The multi-billion dollar abuse industry has become “an area of law mired in intellectual dishonesty and injustice” writes David Heleniak in the Rutgers Law Review. Domestic violence has become “a backwater of tautological pseudo-theory,” write Donald Dutton and Kenneth Corvo in the scholarly journal Aggression and Violent Behavior. “No other area of established social welfare, criminal justice, public health, or behavioral intervention has such weak evidence in support of mandated practice.”

If we care about justice for all, then we have to care about this, too.

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