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| url =http://www.glennsacks.com/equal_rights_amendment.htm | url =http://www.glennsacks.com/equal_rights_amendment.htm
| accessdate =2007-04-15 }}</ref> and they call for more services to be provided for male victims of domestic violence.<ref name = "Men need help too"/> Members of the fathers' rights movement propose that both domestic violence and child abuse must be adjudicated as criminal assault, observing due process protections, and that government funding for programs addressing these issues must be made contingent on such protections."<ref name="Taken Into Custody 298"/> | accessdate =2007-04-15 }}</ref> and they call for more services to be provided for male victims of domestic violence.<ref name = "Men need help too"/> Members of the fathers' rights movement propose that both domestic violence and child abuse must be adjudicated as criminal assault, observing due process protections, and that government funding for programs addressing these issues must be made contingent on such protections."<ref name="Taken Into Custody 298"/>
Michael Flood criticizes the studies based on the Conflict Tactics Scale, he says they are flawed and that the statistics used in the studies are quoted selectively. He states that women suffer more injuries, and women suffer more serious injuries, as a result of domestic violence than men.<ref name = husbandbatt>{{cite web
| last = Flood
| first = Michael
| title = Claims about Husband Battering
| publisher =
| date=Summer 1999
| url =http://www.xyonline.net/husbandbattering.shtml
| accessdate =2007-09-21 }}</ref> He also claims that fathers' rights activists are trying to roll back protections for battered women.<ref>{{cite web
| last =Flood
| first =Michael
| authorlink =
| title =Fact Sheet #3: How the fathers’ rights movement undermines the protections available to victims of violence and protects the perpetrators of violence
| date=August 2005
| url =http://www.xyonline.net/Protectingperpetrators.shtml
| accessdate =2007-03-24 }}</ref>


===Parenting time interference and Parental alienation syndrome=== ===Parenting time interference and Parental alienation syndrome===

Revision as of 17:47, 2 January 2008

Rights
Theoretical distinctions
Human rights
Rights by beneficiary
Other groups of rights

The Fathers' rights movement has been characterized as a civil rights movement, whose members are primarily interested in issues affecting fathers and children related to family law, including child custody and child support sometimes after divorce. The movement has also been characterized as a social movement, but members of the fathers' rights movement disagree and state that these issues are "a question not of social science, but of constitutional government." The movement receives international press coverage as a result of high profile style activism of Fathers 4 Justice and other national organizations internationally.

Background and history

The fathers' rights movement is a grouping of individuals and groups who are highly diverse in goals, methods and political views, and who focus on a narrow set of issues of interest to their members. It is not simply a men's movement, as women have increasingly become involved in activities promoting fathers' rights; these women are often the second wives of divorced fathers or other family members of men who have had some engagement with family law.

Discussion about fathers' rights issues began in the West in the 1960s as changes to divorce laws prompted an examination of the legal rights and responsibilities of fathers and parents in general. During the 1970s fathers' rights organisations such as Families Need Fathers emerged. The movement has become increasingly vocal, visible and organised, and has played a powerful presence in family law debates. Some commentators see the rise of the movement as a 'backlash' to increasing female power in the family and in society, and the consequent challenge to men's traditional roles and authority. In this view, the movement is seen as part of a 'gender war' between the sexes. Other commentators propose a more complex analysis that sees several interrelated trends as leading to the growing prominence of the movement. They suggest that shifting household demographics, including greater fragmentation of families through the decline in marriage and rising divorce/separation rates, have increased the fragility of men's relationships with their children. They also suggest that expectations of men as fathers have expanded beyond a traditional breadwinner role to include greater practical and emotional involvement with their children at a time when it is more difficult for them to do so.

Some fathers’ rights groups have been short-lived and unstable, as members and leaders do not remain with the group after they have been helped. Infighting within groups has occurred.

Some fathers' rights activists in various countries have been accused and/or convicted of criminal activities, including stalking, harassment, and violence. Glenn Sacks, a prominent fathers' rights activist, has criticized persons he has called "the lunatic fringe of the fathers' rights movement", who describe the perpetrators of violent crimes against family court judges and others as "some sort of freedom fighters."

Movement's Activities

The movement's primary focus has been to campaign (including lobbying and research) for formal legal rights for fathers, and sometimes for children, including changes to family law related to child custody, support and maintenance, abuse and violence as well as the perceived inequities in the family court system themselves. Fathers’ rights groups also provide emotional and practical support for members during separation and divorce.

Some fathers' rights groups have become frustrated with the slow pace of traditional campaigning for law reform. Groups such as Fathers 4 Justice have become increasingly vocal and visible, undertaking public demonstrations which have attracted public attention and influenced the politics of family justice. With the increase in access to the internet, much advocacy, support and development of fathers' rights issues takes place through the internet, on blogs and forums.

Sociologists Scott Coltrane and Neal Hickman state that like other political advocacy groups, members of fathers' rights groups cast their personal troubles as pressing social problems, and that they use rhetorical strategies to elicit emotional responses. Critics suggest that the movement focuses on the needs and wants of fathers as well as symbolic issues of "rights", "equality", and "fairness", rather than on the nuts and bolts of actual parenting and the developmental needs and wishes of children.

Main Issues

No-fault Divorce

Main article: No-fault divorce

Members of the fathers' rights movement state that laws establishing no-fault divorce did not stop at removing the requirement that grounds be cited for a divorce, so as to allow for divorce by "mutual consent;" they also allow either spouse to end the marriage without any agreement or fault by the other. They state that no-fault divorce should be referred to as unilateral divorce. They state that laws establishing no-fault divorce can be seen as one of the boldest social experiments in modern history that have effectively ended marriage as a legal contract. They state that it is not possible to form a binding agreement to create a family, adding that government officials can, at the request of one spouse, end a marriage over the objection of the other. They state that no-fault divorce has left fathers with no protection against what they describe as the confiscation of their children. Members of the fathers' rights movement propose "reasonable limits" on no-fault divorce when children are involved.

The Family court system

Main articles: Adversarial system, Family law, and Divorce

Members of the fathers' rights movement criticize the win or lose adversarial system currently used in most Western countries to determine divorce and child custody issues, and define "winning custody" not as the right to parent one's children, but as the power to prevent someone else from parenting his children with the help of the government. They state that family courts are biased against fathers, and in favor of mothers, sole custody, and geographical/one-parent stability, in making custody decisions. They point to studies noting that women initiate at least two-thirds of divorce, with the claim that "automatic custody" for mothers is one of the reasons for this. They also state that family courts are slow to take effective measures to prevent interference with fathers' parenting time. They note that an adversarial approach is expensive in time and money.

They state that family courts operate in secret, which protects them from public scrutiny, and that family courts have engaged in censorship. They state that fathers who have criticized the court system publicly have been sanctioned by fines and reductions in custody and parenting time. Some activists argue that some men have been driven to suicide by family courts, while others acknowledge that these suicides often might stem more from personality factors than legal bias.

Members of the fathers' rights movement point out that parental rights have been characterized by courts as "sacred", "absolute", and "inherent, natural rights", and that courts have ruled that parenthood cannot be denied without violating fundamental principles of "liberty and justice", but that these unequivocal principles are ignored by family courts as a threat to their reason for existence. Members of the fathers' rights movement state that parents are ordered to pay fees for services demanded by the court, and claim that those working within the court system have a “vested interest in separating children from their parents.” Members of the fathers' rights movement propose the restoration and enforcement of the traditional rights of parents to the care, custody and companionship of their children."

Critics of the fathers' rights movement note research that fathers are accorded considerable significance in custody decisions and are not discriminated against. Some critics also state that based on significant research, family courts discriminate against mothers as a result of gender bias and influence from the fathers' rights movement. Critics also claim that most non-custodial parents are fathers, not as a result of actual court bias, but because most fathers do not want to be the primary custodial parent to their children.

Child custody - Shared parenting

Main articles: Child custody, Shared parenting, Best interests, and Rebuttable presumption

Stating that "children need both parents", the fathers’ rights movement calls for greater equality in parental responsibility following separation and divorce. They call for laws creating a rebuttable presumption of 50/50 shared custody so that children would generally spend equal time with each parent unless there were reasons against it. They point to studies showing that children in shared custody settings are better adjusted and have fewer social problems such as low academic achievement, crime, pregnancy, substance abuse, depression and suicide, and claim that shared parenting is in fact in the best interests of the child. Members of the fathers' rights movement and their critics disagree about the correlation of these negative developmental outcomes for children to sole custody situations. Critics claim that father absence covaries with other relevant family characteristics such as the lack of an income from a male adult, the absence of a second adult, and the lack of support from a second extended family system and concluded that it is the negative effects of poverty, and not the absence of a father, that result in negative developmental outcomes. On the other hand, members of the fathers' rights movement state that although the consequences of poverty and having a single parent are interrelated, each is a risk factor that has independent effects on negative outcomes in children, and that these negative outcomes correlate more strongly to "fatherlessness" than to any other variable including poverty.
Members of the fathers' rights movement criticize the best interests of the child standard currently used in many countries for making custody decisions, which they describe as highly subjective and based on the personal prejudices of family court judges and court-appointed child custody evaluators, and that courts are abusive when more than half custody is taken away from a willing, competent parent. They claim that a rebuttable presumption of shared parenting is supported by a majority of citizens, and that their proposals to enact such laws are opposed by divorce lawyers and by feminist organizations, the latter by invoking the specter of domestic violence and child abuse as propaganda directed against fathers and fathers' rights groups.

Critics point to research suggesting that joint custody arrangements are good for children only if there is little parental conflict. They argue that if shared parenting were ordered, fathers would not provide their share of the daily care for the children. Critics also question the motives of those promoting shared parenting, noting that it would result in substantial decreases in or termination of child support payments.
Members of the fathers' rights movement respond that shared parenting has been demonstrated to reduce parental conflict by requiring parents to cooperate and compromise, and that it is the lack of constraint by one parent resulting from the ability of that parent to exclude the other, that results in increased parental conflict. They add that only when child support guidelines exceed true costs do parents ask for or seek to prevent changes in parenting time for financial reasons, adding that any argument that a parent is asking for increased parenting time to reduce child support is at the same time an argument that the other parent is making a profit from child support.

Critics claim that some fathers' rights groups are more interested in enabling men to re-establish authority over their children and ex-partners and that issues of power and control in cases of domestic violence and child abuse are ignored. In response, members of the fathers’ rights movement state that through political action they intend to establish parental authority for the well-being of their children and they point out that a rebuttable presumption for shared parenting would preserve a child's protection against unfit or violent parents.

Child support

See also: Child support and Paternity fraud

Members of the fathers’ rights movement campaign for the reform of child support guidelines, which in most Western countries are based on maintaining the children's standard of living after separation, and on the assumption that the children live with one parent and never with the other. Activists complain that the current guidelines are arbitrary, provide mothers with financial incentives to divorce, and leave fathers with little discretionary income to enjoy with the children during their parenting time. In their place, fathers’ rights activists propose guidelines based on a Cost Shares model, in which child support would be based on the average income of the parents and the estimated child costs incurred by both parents. Critics of the Cost Share Model guidelines claim that they focus on the relative living standards of divorcing parents rather than the best interests of the children and supporting them at the same level after divorce.

Noting research that cultural communities emphasize different aspects of fatherhood, members of the fathers' rights movement state that the law should value a broader definition of fathering for poor fathers by reducing the focus on collecting child support and encouraging the informal contributions (such as groceries, clothes, toys, time with the children) of these fathers, by counting these contributions as child support.

Members of the fathers’ rights movement suggest that child support should be terminated under certain conditions, such as if the custodial parent limits access to the children by moving away against the wishes of the other parent, gives fraudulent testimony, or if paternity fraud is discovered, adding that two men should not have to pay child support for the same child.

They also complain that it is often difficult for fathers in financial hardship or who take on a larger caregiving role with their children to have their child support payments lowered. They point out that unemployment is the primary cause of child support arrears, and claim that arrears make the father subject to arrest and imprisonment without due process.

Members of the fathers' rights movement state that the purpose of child support should be publicly determined, and enforcement programs must be designed to serve that purpose, observing the due process of law.

Critics have noted that fathers' rights activists and groups have failed when they have tried to help men avoid paying child support when they impregnate a woman out of wedlock.

Increasing a fathers' visitation does not result in an increase in child support compliance.

When it comes to paternity fraud, critics contend that fatherhood is more about taking on the role of father than being about DNA and sperm. They point to cases such as a 2004 California case, where the court ruled that fatherhood is more about "providing stability, nurturing and permanence than planting the biological seed."

In another case, the woman's husband was declared the legal father rather than the man who had impregnated her before she married.

Critics state that non-custodial parents are jailed for willful refusal to follow the court order to pay child support, not for being unable to pay.

Moreover, courts have ruled that child support guidelines do not violate due process.

Domestic violence and Child abuse

Main articles: Domestic violence, Emotional abuse, and Child abuse

Members of the fathers' rights movement assert that women make false claims of domestic violence or child abuse in order to gain an upper hand in divorce, custody disputes and/or prevent fathers from seeing their children, and they state that lawyers advise women to make such claims. They contend that false claims of domestic violence and child abuse are encouraged by the inflammatory "win or lose" nature of child custody hearings, and that men are presumed to be guilty rather than innocent by police and by the courts. They protest the inclusion of vaguely-defined and difficult-to-refute definitions of violence based on fear, harassment and stalking, in child custody hearings.

Members of the fathers' rights movement state that it is extremely rare for fathers to abuse their children. They add that when child abuse occurs, the perpetrator is not likely to be the father, and that the child abuse most often occurs after the father has been separated from his children. They suggest that government policies are creating child abuse by separating children from their fathers.

Members of the fathers’ rights movement point to domestic violence studies based on the Conflict Tactics Scale, which suggest that men and women act violently toward their partners in about equal percentages. They claim that men comprise a "significant minority" of the victims of domestic violence, and they call for more services to be provided for male victims of domestic violence. Members of the fathers' rights movement propose that both domestic violence and child abuse must be adjudicated as criminal assault, observing due process protections, and that government funding for programs addressing these issues must be made contingent on such protections." Michael Flood criticizes the studies based on the Conflict Tactics Scale, he says they are flawed and that the statistics used in the studies are quoted selectively. He states that women suffer more injuries, and women suffer more serious injuries, as a result of domestic violence than men. He also claims that fathers' rights activists are trying to roll back protections for battered women.

Parenting time interference and Parental alienation syndrome

Main articles: Parental alienation and Parental alienation syndrome

Members of the fathers' rights movement state that some mothers interfere with the father's parenting time and that such interference should be stopped. They state that parenting time interference can result from the custodial parent's relocation beyond a practical distance from the noncustodial parent and they campaign for a rebuttable presumption prohibiting such relocations.

They claim that parental alienation is a well-documented phenomena and that Parental Alienation Syndrome (PAS) is a valid syndrome in which a child is alienated by a parent against the other parent for the purpose of gaining or retaining full custody of the children, and they offer advice to fathers about what to do if their access to their children is affected by parental alienation.

Critics of the fathers' rights movement and of parental alienation syndrome note that it is not considered a syndrome by the American Psychological Association and that it is a strategy that has been rejected by some members of the legal community.

Critics and members of the fathers' rights movement agree about the danger that claims of parental alienation syndrome may be used by abusive fathers as a weapon against appropriately protective mothers in order to win custody.

Unwarranted Termination of Parental Rights and Adoptions

Main article: Parents' Rights Movement

Parents' Rights Advocates claim that many parents' parental rights are unnecessarily terminated, and that children are separated from fathers and mothers and adopted through the actions of family courts and government social service agencies seeking to meet their own targets, rather than looking at the merits of each case.

Members of the fathers' rights movement state that government employees harm children by disregarding the loving bonds they share with their fathers, when social workers typically place children in the foster care system without informing their fathers.

Fathers' rights movement by country

Main articles: Fathers' rights movement by country and Parental responsibility (access and custody)

Issues related to the fathers' rights movement in specific countries are included in Fathers' rights movement by country. The countries included are Australia, Canada, France, Germany, Ireland, Italy, Jamaica, The Netherlands, New Zealand, Sweden, The United Kingdom (UK) and The United States of America (USA). Of the aforementioned countries, Australia, France, Italy, The Netherlands, Sweden and a minority of the states in the United States of America have enacted a rebuttable presumption for shared parenting as of January 1, 2007.

Fathers' rights and issues with language

Fathers' and parents' rights campaigners state that parenting time should be used indiscriminately to replace contact, visitation and residence. The term visitation is particularly objectionable to fathers' rights activists, who believe that this term reinforces the idea that only one parent raises the children. It is perceived that there is a stigma associated with treating one parent as resident and the other as non-resident. The use of the terms absent parent, putative father, and non-custodial parent have also been challenged.

Members of the fathers' rights movement state that child support should be referred to as parental transfer payments.

Notable supporters

Public supporters of the fathers' rights movement and their issues, include divorced (and subsequently widowed) Live Aid founder, Bob Geldof, Irish writer and journalist John Waters, ex-UK Home Secretary David Blunkett and Karen DeCrow, former president of the National Organization for Women

Significant writers

Books

  • Fathers Rights Survival Guide by Mike L. Weening
  • Fathers after Divorce by Michael Green
  • Shared Parenting Jill Burrett & Michael Green
  • Father and Child Reunion by Dr. Warren Farrell
  • Torn Apart: True Stories of Excluded Fathers (2005) by Tim Willis ISBN 1-904977-30-8
  • Guide To Fathers' Rights by Attorney Ronald Isaacs.
  • Elusive Innocence: Survival Guide for the Falsely Accused by Dean Tong
  • Taken Into Custody - The War Against Fathers, Marriage, and the Family by Stephen Baskerville
  • Custody Revolution: The Father Factor and the Motherhood Mystique by Richard A. Warshak
  • Divorced Dads: Shattering the Myths by Sanford L. Braver and Diane O'Connell ISBN 0-87477-862-X

See also

External links

External Links Critical of the Fathers' Rights Movement

References

  1. ^ Sacks and, Glenn; Thompson, Dianna (2006-06-21), "Why Are There so Many Women in the Fathers' Movement?", Minneapolis Star-Tribune
  2. Baskerville, Stephen (2007). Taken Into Custody - The War Against Fathers, Marriage and the Family. Cumberland House. p. 259. {{cite book}}: |access-date= requires |url= (help)
  3. ^ Collier, Richard (2006). "Fathers' rights, fatherhood and law reform- International perspectives". In Collier, Richard and Sheldon, Sally (ed.). Fathers' Rights Activism and Law Reform in Comparative Perspective. Hart Publishing. {{cite book}}: Cite has empty unknown parameter: |chapterurl= (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)CS1 maint: multiple names: editors list (link)
  4. ^ Collier, Richard (November 1, 2006). "Unfamiliar territory: The issue of a father's rights and responsibilities covers more than just the media-highlighted subject of access to his children". The Guardian. Retrieved 2007-10-17. {{cite news}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  5. McKee, Alan (2005). The Public Sphere: an introduction. University of Queensland. p. p. 47. ISBN 9780521549905. {{cite book}}: |access-date= requires |url= (help); |page= has extra text (help); Cite has empty unknown parameter: |chapterurl= (help)
  6. Kenedy, Robert (2004). Fathers For Justice: The Rise Of A New Social Movement In Canada As A Case Study Of Collective Identity Formation. Caravan Books. ISBN 978-0882061085. {{cite book}}: Cite has empty unknown parameter: |chapterurl= (help)
  7. Baskerville, Stephen (2007). Taken Into Custody - The War Against Fathers, Marriage and the Family. Cumberland House. p. 282. {{cite book}}: |access-date= requires |url= (help)
  8. ^ Collier, Richard (2006). "'The outlaw fathers fight back': Fathers' rights groups, Father 4 Justice and the politics of law reform- reflections on the UK experience". In Collier, Richard and Sheldon, Sally (ed.). Fathers' Rights Activism and Law Reform in Comparative Perspective. Hart Publishing. {{cite book}}: Cite has empty unknown parameter: |chapterurl= (help); Unknown parameter |coauthors= ignored (|author= suggested) (help)CS1 maint: multiple names: editors list (link)
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  13. “Threat to crack down on vigilante group.” The Age, 25 July 2002
  14. Militants harassed woman, daughter.” The Canberra Times, 6 August 2002
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  30. ^ Baskerville, Stephen (2007). Taken Into Custody - The War Against Fathers, Marriage and the Family. Cumberland House. {{cite book}}: |access-date= requires |url= (help); Unknown parameter |comment= ignored (help)
  31. Baskerville, Stephen (2007). Taken Into Custody - The War Against Fathers, Marriage and the Family. Cumberland House. {{cite book}}: |access-date= requires |url= (help); Unknown parameter |comment= ignored (help)
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  34. ^ Charalambous, Mark (2005-07-10). "New research shows bias in restraining orders". The Fatherhood Coalition. Retrieved 2007-04-14.
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  40. Baskerville, Stephen (2007). Taken Into Custody - The War Against Fathers, Marriage and the Family. Cumberland House. {{cite book}}: |access-date= requires |url= (help); Unknown parameter |comment= ignored (help)
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  42. Crary, David (th). "Fathers' Rights Groups Decry Court Process". The Associated Press. {{cite web}}: Check date values in: |date= (help)
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  44. Baskerville, Stephen (2007). Taken Into Custody - The War Against Fathers, Marriage and the Family. Cumberland House. {{cite book}}: |access-date= requires |url= (help); Unknown parameter |comment= ignored (help)
  45. Baskerville, Stephen (2007). Taken Into Custody - The War Against Fathers, Marriage and the Family. Cumberland House. {{cite book}}: |access-date= requires |url= (help); Unknown parameter |comment= ignored (help)
  46. ^ Baskerville, Stephen (December 2002). "The Politics of Fatherhood". childrensjustice.org: American Political Science Association. Retrieved 2007-03-15. {{cite web}}: Text "Political Science and Politics, vol. 35, no. 4" ignored (help)
  47. ^ Baskerville, Stephen (May 2006). "Family Violence in America The Truth About Domestic Violence and Child Abuse" (PDF). Retrieved 2007-03-14.
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