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The Fathers' rights
movement is a stream in the men's movement primarily
interested with family law and gender bias issues
as it affects biological fathers. Historically related
to the men's rights movement and to masculism, its
advocates see it as a necessary corollary to the
women's rights and children's rights movements.
It emerged in the 1970s as a loose social movement
providing a network of interest groups, primarily
in western countries, established to campaign for
equal treatment by the courts in issues such as
child custody after divorce, child support, and
paternity determinations. The movement is particularly
strong in the United Kingdom, Republic of Ireland,
Italy, United States and Australia.
The fathers' rights
movement received international press coverage following
the formation and high profile style activism of
the now defunct Fathers 4 Justice group in the UK.
Supporters
Supporters include
divorced (and subsequently widowed) Live Aid founder,
Bob Geldof, Irish writer and journalist John Waters
and ex-UK Home Secretary David Blunkett. Waters
fought a legal case for access to the daughter he
had by rock star Sinéad O'Connor, and highlighted
what he saw as injustices in the treatment of men
in his weekly column in The Irish Times. David Blunkett
resigned as Home Secretary on 15 December 2004 following
attempts to remain in touch with his youngest son,
born of a relationship with his ex-mistress. His
efforts, which he mentioned in an interview with
the BBC, unwittingly made him a champion of the
fathers' rights movement. Mr. Blunkett said about
his son, "He will want to know not just that
his father actually cared enough about him to sacrifice
his career, but he will want to know, I hope, that
his mother has some regret."
A contemporary controversy
is around the status of the traditional western
nuclear family of father, mother and their children.
Has the nuclear family declined to the point that
its social function of raising children can be met
in other family or care arrangements? Particularly
where social support and social security is available
can single parents effectively undertake that task?
This particularly relates to the historical situation
where after divorce the mother had care, child custody
and control of the divorced or separated couples'
children with alimony sometimes being paid by the
father where the couple had been married. The father's
rights movement is generally viewed as the confluent
result of a number of changes in both the law and
in societal attitudes, including:
- The introduction of no-fault
divorce in the 1960s, resulting
in a rise in divorce rates throughout
the world. The increasing entry
of women into the public sphere,
a situation which has upturned
traditional gender roles which
view women as primarily domestic
in nature.
- The increasing social acceptance
of single parents and their increased proportion
of all families.
- The number of single parent
(particularly war widow) households increased
after the Second World War, and more recently
increased social welfare and income support
arrangements became more generally available.
- The increasing entry of
women into the public sphere, a situation
which has upturned traditional gender roles
which view women as primarily domestic in
nature.
In the 1980s Parents
Without Rights was formed by scientists at Kennedy
Space Center. In the 1990s, the Million Dads March
Network was formed in Topeka, Kansas, United States.
Fathers' rights campaigners argue that their own
and their children's rights and best interests are
breached, they cite extensive research to argue
that even after separation and divorce that children
gain critical mental and emotional health benefits
from continuing quality involvement by their father.
Father's rights activists state that it is destructive
to deny children the right to know and be cared
for by both parents when both are available.
Many first marriages
in the United States now end in divorce, and the
divorce rate for subsequent marriages is higher
than that of first marriages. More than half of
marriages that end in divorce involve children.
Thus the courts may be called upon to determine
aspects of the relationships of these children to
their parents. Many couples resolve these issues
without recourse to the courts, however where this
does not occur for whatever reason the courts apply family
law in making their decisions.
According to "Americans
for Divorce Reform", as the divorce
rate soared, so did the number of children involved
in divorce. The number of children involved
in divorces and annulments stood at 6.3 per
1,000 children under 18 years of age in 1950,
and 7.2 in 1960. By 1970 it had increased to
12.5; by 1975, 16.7; by 1980, the rate stood
at 17.3, a 175 percent increase from 1950. Since
in 1972, one million American children every
year have seen their parents divorce. (Brian
Willats, Breaking Up is
Easy To Do, available from Michigan Family
Forum, citing Statistical Abstract of the United
States, 1993.)
Due to roles whereas
the mother is the primary giver of child-care and
the father a stronger commitment to work and providing
financially, fathers can be denied what is perceived
as a caring role but required to maintain their
financial support through child
support in continuing pre-existing arrangements
in care and income generation. Thus many claim to
seek an increased involvement with their children,
some to the extent of shared
parenting and sole custody. In response to difficulties
in achieving satisfactory arrangements (perceived
as being ousted from their children's lives, or
reduced to a role where they cannot be effective
parents) a number of those affected men have become
involved in the fathers' rights movement.
These delays can
result in unnecessarily long separations occurring
between fathers and children during and after lengthy
periods of court hearings. Father's rights activists
argue that that time would be better spent dealing
properly with the trauma of the parents' initial
separation and allowing the children to maintain
their relationships with both parents continuously.
The adversarial system,
such as currently exists in the UK, encourages each
parent to identify their fears, real or imagined,
about what will affect their children now that the
parents have separated. Some hold that when a parent
expresses these fears about the other parent in
this circumstance, even when fears are unfounded,
they can nevertheless be treated as fact. Fathers'
rights campaigners believe this system is biased
toward believing the mothers' expressed fears. The
father must then try to demonstrate that he presents
no risk to the children, and that the advantages
that he will confer on them are real. Although such
considerations can play a part in making compassionate
decisions about children in the aftermath of a family
break-up, fathers' rights activists believe the
law as it currently stands in the UK takes on a
wider remit by linking the interests of the child
with those of the mother.
Fathers' Rights proponents say
that in such circumstances, the case can easily become
a witch-hunt. Any aggression that
the father may have manifested in the past can be
claimed as justification for limiting his involvement
in his children's upbringing. If he is inexperienced
at parenthood, or because this is a first child,
the result may be that he is initially not trusted
to provide basic care. In one case in the UK in
2003, a judge ruled that it was in a child's "best interests" to
have no contact with her father, because such contact
caused the mother to feel depressed and anxious.
A second judge, Mathew
Thorpe, said that while he had "every sympathy" for
the father, he could not overturn the original ruling.
Lord Justice Thorpe added "It's also a tragedy
for the child, who is being denied an ordinary right
to know her father and develop understanding, interests
and affection with him.".
Many fathers' rights
campaigners say they have had experiences that follow
a similar pattern, and they are aiming that the law
should be changed to prevent situations such as theirs
from arising.
Fathers' rights activists
further claim the idea of adversarial court cases to
resolve family disputes has led to a sub-culture they
consider to be completely absurd. They may also question
the assumption that it can ever be legitimate for the
state to collude in disrupting a loving and natural
relationship between a father and his children.
Kevin Thompson,
a non-custodial father in Massachusetts, has written
a book called "Exposing
the Corruption in the Massachusetts Family Courts," which
details his journey through a judicial system
he feels is "anti-father." The
book is highly critical of the judge in
his case, Judge Mary McCauley Manzi. Judge
Manzi later issued an order restraining the
book's distribution, on the grounds that it
violated the involved minor's right to privacy.
It seems unlikely that Thompson will obey this
order, and the book appears to still be available
in both print and PDF formats.
On child
custody, a priority on continuity of care and/or residence
leads to primary custody often being awarded to the mother.
However the arrangements prior to the relationship breakdown
presupposed a number of factors, stereotypically, fathers
being the primary breadwinner and mothers the primary carer
and presupposed other things such as daily contact between
fathers and their children.
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