Sarah Phillimore Post author July 14, 2015 at 11:06 pm. According to a new study, however, there is no evidence of any bias. “Whilst it’s true that mothers were usually the primary care giver in contact applications, this was simply a reflection of the social reality that women are more likely to take on the role after a relationship breakdown,” author Dr Maebh Harding said. Patriarchy affects how custody battles are eventually ruled – and not because the court is particularly in favor of women. A serious topic Are family courts biased? This danger has increased since my letter to the Guardian was published over two years ago (Dangers of crackdown on parental alienation, 30 November 2017). A 2015 study by the University of Warwick concluded that family courts do not discriminate against the father. I’ll never know whether my gender factored against me in court. And, not the reason many fathers aren't involved in their children's lives post … Considering the above, there seems to be a fundamental principle underpinning the actions of some of the family court that if a mother expresses an inappropriate belief, it is more likely to be treated as true, whereas if a man expresses an inappropriate belief, it is more likely … Interesting – the Justice Gap article talks about the Pinochet Case. Campaigner whose sons were murdered voices delight at MBE. Is it #TimesUp for the family courts? There have been assumptions that mothers play the predominant role in their child's lives, and for that reason a child should not be separated from their mother. But in these modern times it’s no longer reasonable to assume this is always the case. The law itself does not include any legal bias toward the mother over the father. So no, the UK courts don’t have a mother-bias in child residence cases. 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Mother of boys killed by abusive father calls for system overhaul. In traditional family units it is, whether you like it or not, often the mother who spends more time with the child and who does more of the parenting. 636644), Probate Registry delays continue as online applications become mandatory. We hear a lot about how the courts are biased in favor of mothers when deciding child custody. This article is by Ben Parfitt, a former client of BLB Solicitors. There have been assumptions that mothers play the predominant role in their child's lives, and for that reason a child should not be separated from their mother. Gender Bias in Family Court: 4 Huge Ways Courts are Penalizing Men There once may have been a day where the United States court system was 100% unbiased, but if those days ever existed, they’re lost to the annals of courtroom history books. Erasing Child Support Bias Today. The law itself is not written to impose bias, but in the past, decisions in the Family Courts have reflected the gender bias that exists in society. Three elderly female magistrates. And when you are a single dad, there are plenty of times you face being a little marginalised. Nor will I know if a judge very speedily granted me an appeal because they believed that might have been the case. Notify me of follow-up comments by email. It’s worth noting, however, that any potential bias toward the mother is in many cases perfectly justified. I’m a contrarian by nature so took no small satisfaction in proving that I could be every bit the mum my daughter needed. More famously, Fathers 4 Justice was founded on the experience of Matt O’Connor who was denied access to his two sons leaving him, in his words “shocked by the cruel, degrading and inhuman treatment of dads in Britain’s secret courts”. In the UK, perhaps the most famous case of alleged judicial bias was the Pinochet case, after the House of Lords ruled in 1998 that the former Chilean dictator had no immunity from arrest and extradition for crimes against humanity. Indeed, as Sodha points out, the courts have become increasingly willing to contemplate transferring children’s residence from “alienating mothers” to their fathers. Pressure group Separated Dads states simply that: “The important fact to remember is that, in the majority of cases, the father will not be granted custody of the child by the courts. Historically, men have seen themselves as the primary breadwinners while viewing mothers more as the caretakers of children and the home. Tags: children, court, discrimination, father, human rights, mother, UK, unfairness This entry was posted on June 22, 2008 at 8:28 am and is filed under Anti-male discrimination . Working mothers face a ‘wall’ of bias—but there are ways to push back. 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