Tag Archives: Divorce Court

News

MUST-READ: How divorce courts destroy the lives of fathers and children

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Consider this story from the Herald Sun in Australia.

Excerpt:

A mother found by the Family Court to be violent, untruthful, lacking moral values and responsible for the psychological and emotional abuse of her children has been given custody of them.

The father, deemed “principled” and with “much to offer his children”, has been effectively banned from seeing his daughters.

[…]The father… is described by a Family Court judge as no threat to his daughters, a successful parent who is “courteous” and “intelligent”.

The same judge found the mother… abandoned her first daughter at two and spurned the child’s subsequent attempts at reconciliation, had displayed “dreadful”, “cruel” and “malicious” behaviour.

But the judge still ruled that because of time spent apart, the children had become estranged from their father and it was in their interests that “the children spend no time with the father”.

Time spent apart? Why would a loving father willingly spend time apart from his own children?

Bill has not seen his daughters since April and has not spent extended time with them since August 2005.

He says the estrangement was largely a result of false allegations of sexual abuse of the children made against him by his former wife.

The custody ruling in the Family Court last month came after a seven-year battle over access to the girls, now aged nine and 11.

It followed a criminal trial in 2007, when Bill, 55, was cleared of the sexual abuse allegations. The trial judge found them totally false and threw the case out.

The ordeal has cost Bill his home, his job and about $450,000 in lost income and legal costs. He has faced court 70 times to clear his name and try for some form of access to his children.

“It has been a nightmare. All I wanted was to be part of my children’s lives – to try to give them a good start in life,” Bill said.

“But I am denied that because of the malicious way in which my ex-wife has acted and because of the credence the legal system has given her lies and falsehoods.

“The family law system needs wholesale change. There appears to be no testing of evidence in court and it seems that often lies and fabrications are immediately accepted as fact.

“It’s a disgrace and, as far as I know, it doesn’t happen in any other legal sphere.”

Bill’s case follows the case of “Steve” last year, in which the court accepted his good character, but banned him from seeing his daughter for seven years because it was believed the mother would “shut down” emotionally if he were allowed to see her.

In another case last year, a father, “Mick”, was jailed for sending a birthday card to his daughter in breach of a court order and was locked up again for taking a walk in a park – near where, unknown to him, his daughter was playing.

False allegations of sexual abuse are standard operating procedure in divorce courts in order to get custody of the children, and the child support payments that go with the children. The legal stakeholders in the divorce racket have every reason to help to the woman to make these false charges, because the father usually fights for custody, which is what keeps them all employed.

Further study

To find out more about the horrors of feminism and unilateral divorce, consider reading something by Stephen Baskerville and something by Jennifer Roback Morse. This podcast by Jennifer Roback Morse explains some of the threats to traditional marriage – it’s my favorite podcast ever. Women need to do a better job of understanding men, and understanding what has to change to make marriage attractive and appealing to men. That may involve changing laws to make these unfair divorce courts stop doing what they are doing.

One last thing. Most of my readers know that I am chaste, and so I have never been married or divorced. My parents are have been married for 40+ years. None of my immediate family is divorced. And none of my Christian friends are divorced. In fact, I have never experienced a divorce even vicariously by being friends with someone who was going through a divorce. And the point of this is to show you how Christians can become sensitive to an issue just by studying it. And this is what marriage-minded Christians need to do.

Christians need to study to understand the many serious problems that divorce causes for men and children. We should understand how marriage acts as a buffer to state power, thus protecting religious liberty. We should know how feminist policies weaken marriage and parenting. And we should understand how a stable marriage benefits children, and ultimately, society. When Christians inform themselves about these issues, it becomes easier to put ourselves second and act to preserve the marriage. Knowledge binds the will.

Commentary

Jennifer Roback Morse evaluates the economics of no-fault divorce

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Her post is here on the Ruth Institute blog.

Dr. J talks about the famous actor Alec Baldwin, and his experiences with the family court system in Los Angeles. She then transitions into some commentary on the work of Dr. Stephen Baskerville.

Excerpt:

Baldwin does not discuss the ease of divorce ushered by the no-fault divorce revolution. Like most Americans, Baldwin has probably made peace with no-fault divorce, believing easy divorce to be an enhancement of individual liberty. But Baldwin’s story of his life after Basinger decided she had no use for him illustrates that the opposite is more true. Easy divorce opens the door for an unprecedented amount of government intrusion into ordinary people’s lives.

…enforcing the divorce means an unprecedented blurring of the boundaries between public and private life. People under the jurisdiction of family courts can have virtually all of their private lives subject to its scrutiny. If the courts are influenced by feminist ideology, that ideology can extend its reach into every bedroom and kitchen in America. Baldwin ran the gauntlet of divorce industry professionals who have been deeply influenced by the feminist presumptions that the man is always at fault and the woman is always a victim. Thus, the social experiment of no-fault divorce, which most Americans thought was supposed to increase personal liberty, has had the consequence of empowering the state.

And then things get really interesting:

Some might think the legacy of no-fault divorce is an example of the law of unintended consequences in operation. That assumes its architects did not intend for unilateral divorce to result in the expansion of the state. But Baskerville makes the case in this book—as well as his 2008 monograph, “The Dangerous Rise of Sexual Politics,” in THE FAMILY IN AMERICA—that at least some of the advocates of changes in family law certainly have intended to expand the power of the state over the private lives of law-abiding citizens.

Who are these people? They are the Marxists, who call themselves advocates of women: the feminists. Unbeknownst to the general public, the Marxists have had marriage in their cross-hairs from the very beginning.

[…] The goal is to return women into “social production” outside the home, where they can be completely independent of the oppression of men. This of course, requires the collective rearing of children. It also requires the obliteration of the distinction between the private sphere of the home and the public reach of the law.

Click here to read the rest. You know you want to!

It is especially important for unmarried women to understand how no-fault divorce laws and activist family courts dissuade men from marrying. My concern today is that the feminist ideology has become so entrenched that young women will drag themselves through the muck of the sexual revolution without even reflecting on how a string of drunken hook-ups destroys their innocence, vulnerability and capacity to trust and love.

This is not just bad for men, who will increasingly face financial ruin, and loss of access to their own children. No-fault divorce opens the door to totalitarian control of men, women and children by the state. Women who wish to marry and have children will find it increasingly difficult to find men willing to take the risk of marrying and raising children. Women need to consider the incentives created by a Marxist-feminist state.

I recommend to every man considering marriage to spend at least one day listening to family court trials. Then ask yourself. Is it worth it? Marriage may have made sense before feminism, but it makes no sense now. Why take the risk of being financially destroyed, separated from your own children, and possibly imprisoned? Wait until women turn away from feminism and clean up their mess. The risks are too great.

Polemics

MUST-READ: Should women be accountable for their own decisions?

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Laura of Pursuing Holiness writes the most amazing post ever written. (H/T ECM)

Here is her thesis:

We’ve come to this weird place in our history where women become babies instead of have them.  It’s all about choices – but not about consequences.  Rights, but not responsibilities.

You MUST read the whole thing.

She links to a number of articles to make each of her points. And her post is cross-posted at Hot Air, so she is participating in the comments as well.

False accusations

I noticed that Peter Sean Bradley had a related post up earlier this week about 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.)

This is actually done all the time in divorce courts in order to get custody of the children, and the child support payments that go with having custody.

Excerpt:

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.

Also, consider the Teacher’s College professor who committed a hate crime against herself. She may have done this in order to get sympathy from those who were investigating her for plagiarism. Notice in the linked article that when she is accused of plagiarism, she blames the racism and sexism of her accusers! She is the victim, and her accusers are the oppressors.

UPDATE: From commenter James:

A UK newspaper recently presented that a great many women have *never* had sober sex.

Mike Adams recently wrote an article about a professor who has gotten in trouble for presenting peer reviewed papers which were topically relevant to students in class… trouble because they didn’t support the feminist line.

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