Tag Archives: Jennifer Roback Morse

UK government aims to combat fatherlessness with shared parenting law

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.

Jennifer Roback Morse on the injustice of the American family court system

I find myself thinking about life-long married love on Valentine’s Day, so I’m going to post an article by marriage-defender Jennifer Roback Morse about one of the biggest challenges to life-long married love.

Excerpt:

Easy divorce opens the door for an unprecedented amount of government intrusion into ordinary people’s lives. This unacknowledged reality is the subject of Taken Into Custody, by Stephen BaskervilleWith penetrating insight, the political scientist exposes the truly breathtaking consequences of no-fault divorce for the expansion of state power and the decline of personal autonomy.

First, no-fault divorce frequently means unilateral divorce: one party wants a divorce against the wishes of the other, who wants to stay married. Kim Basinger dumped Baldwin for no particular reason, unleashed the power of the Los Angeles Family Court system to inflict pain on him and, in the process, inflicted untold damage on their child. Second, the fact that one party wants to remain married means that the divorce has to be enforced. Baldwin wanted to stay married and to continue to be a husband and father. Yet, the coercive and intrusive machinery of the state must be wheeled into action to separate the reluctantly divorced party from the joint assets of the marriage, typically the home and the children.

Third, 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.

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.

She explains who is really behind the attempt to destroy marriage, and the answer might shock you.

It’s important for people to understand the real reasons why people are not getting married, so that we can do something to encourage them to marry that really fixes the problem. Talk to any man and he will tell you that aside from the concerns about the economy and the national debt, the main reason why he is not willing to get married is the unfairness of the family courts. If you don’t understand the threats that men are seeing with respect to marriage, it might be a good idea to take a look at this essay by Stephen Baskerville, hosted by the Christian Touchstone magazine. It’s a summary of the book that Dr. Morse reviewed. I consider that book “Taken Into Custody” to be a must-read for anyone contemplating marriage.

Jennifer Roback Morse lectures on sexual liberation and social justice

My favorite marriage scholar.

Topics:

  • what is sexual liberation?
  • what effects has it had on the poor?
  • can government be neutral about morality?

I am a man who admires passionate women, and she really impresses me. She makes social issues seem as interesting as national security and counter-terrrorism. Not only does she know what she is talking about, but she is soooooo passionate about it.

Here is some research from the Heritage Foundation to back up some of her claims.

This lecture makes me think of books by Theodore Dalrymple. Are all my readers aware of Theodore Dalrymple? Here’s a free book (his first) online – chapter by chapter. If you need something GRRRREAT to read on Friday night, this will knock your socks off. Just read a little, and you won’t be able to put it down.