IT
STARTED almost immediately. A torrent of
angry e-mails from across Britain and
several countries around the world
blocking our office systems, a non-stop
barrage of faxes clogging up our machines,
hundreds of nuisance telephone calls
swamping our switchboard and threatening
letters to my home.
And the cause? An
article I had written for The Times
(Law, March 23) criticising some of the
more extreme protests by the Fathers 4
Justice organisation in their campaign for
fairer treatment under the law over access
to their children.
My first thought was that
this was nothing less than electronic
harassment by those I had challenged and
further proof of what I had been saying.
My reaction was annoyance and frustration
at this onslaught from faceless
adversaries.
Despite toying with the
idea of calling in the police, I decided
instead to begin a dialogue with many of
the angry men who had contacted me and I
wrote to every one of them. In so doing, I
changed my mind about the validity of
their cause.
There was the
schoolteacher whose access to his son was
suddenly changed by a court from every
other day to every other weekend, the
father who has had no contact with his
daughters for two years, the numerous
fathers who have been reduced to mere
visitors in their children’s lives and
the fathers and grandparents too afraid to
go to court because they fear that they
will end up worse off.
I was moved by their
stories and researched how other countries
dealt with the issue. And I have now come
to believe that many fathers are unfairly
treated by the law in this country.
What became abundantly
clear as I heard more and more of their
stories was that here were men who had
practised what successive governments had
preached, taking an active, sharing role
as a parent only to find themselves
suddenly expunged from the daily lives of
their children.
I have been a practising
family lawyer for more than 20 years. I
have dealt with every type of relationship
breakdown. I represent equal numbers of
men and women and because I work to
achieve for my clients the satisfactory
conclusion that they seek, I have been
sheltered from the kind of resentment and
sense of injustice that men in
organisations such as Fathers 4 Justice
clearly feel.
I believe that the time
is right to consider the introduction of
laws similar to those in California and
Florida, and many other American states,
where there is a presumption that when a
relationship breaks down the children have
a right to equal access to both parents.
This position is based
on the understanding that contact is a
positive experience and that children
experiencing equal time with both parents
are usually better adjusted than those in
the sole custody of one parent. It
eliminates the question of whether parents
are entitled to see their children and
instead focuses on the logistics of their
doing so through a parenting plan. If one
parent wants to change the joint
residency, he or she has to convince a
court that it is right to do so.
I believe that our laws,
too, could enshrine this principal of
equality. We do it now for financial
settlements; we can do it with children.
The extent to which we
need to change was summed up recently in a
statement by the new chairman of the
Solicitors Family Law Association. She
told a conference that solicitors were
regularly recommending “generous”
parenting time that typically amounted to
alternative weekends, a mid-week visit and
shared holidays.
Those who contacted me
would not regard such arrangements as
generous when they have been used to
spending every day with their children. In
too many divorces, the child is viewed by
one or both parents as a weapon.
Government statistics say that 40 per cent
of mothers “thwart” contact
arrangements, with many fathers
complaining that contact is damaged by
their former partner’s conduct.
About 160,000 children a
year are affected by divorce and some
surveys report that up to 40 per cent of
fathers lose all contact with their
children after two years. Ninety per cent
of child arrangements are settled by
separating couples without court
intervention. Despite this, the number of
contact orders made by the courts has
risen 50 per cent in five years to a total
of 61,000 in 2002. But enforcing contact
orders is often not practicable since
imprisonment and fines on the offending
parent are often detrimental to the
children at the heart of the dispute. It
is the law itself, not prison, that should
provide the answer.
The Government recently
announced a pilot project to encourage the
use of mediation by separating parents.
More than this is needed, however. Last
week, in an admirably outspoken and honest
admission of the system’s failings, Mr
Justice Munby led the way in showing what
must be done. It is time for the rest of
us to admit that the law requires radical
change and that we need to work towards
that end.
The author is head
of the family law unit at Grahame Stowe
Bateson and chief assessor of the Law
Society’s family law panel