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Fathers For Justice dress up as Captain America, Batman. Then Get Arrested. [PICS]

 
  

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illmatic
20:21 / 14.02.06
Well, I don't have a problem with accepting that there may be an institutional bias against male parents in many of custody and acesss cases. I'd sooner see this as down to the fact that the mother is usually the primary caregiver in the home, and the courts reflect this, than as a product of the strength and wide reaching influence of the feminst movement, though doubtless feminst discourses are used in some of these cases.
 
 
ShadowSax
20:33 / 14.02.06
"You're just like my ex-husband."

jeez, if you had said that 8 pages ago we could have avoided this whole thing. hadnt realized we were roleplaying.

carry on.
 
 
Tryphena Absent
22:00 / 14.02.06
Do we have figures to prove that more fathers go for equal custody? Are such things independently recorded?

fathers value female nurturing over female finances in the same way that mothers do, because of societal norms. so fathers are more likely to want the children to spend quality time with mothers than the reverse.

still, fathers go in wanting equal and get less. mothers go in wanting primary and get primary


If the fathers value female nurturing and male finances than shouldn't it make sense that more women get custody or are you criticising societal norms?

i'm not referring to one or two articles. you do have to do some reading and refer to written journals not available online for some of this information.

Which ones?

feminist groups whose interests overlap those of some left wing groups.

Could you name them please.

Feminist politics has also supported legislation that prevents a mother from notifying her spouse of an abortion without there even existing claims of abuse.

Sorry to come back to this but I'm interested in this point - prevents or allows a mother not to notify her spouse?
 
 
STOATIE LIEKS CHOCOLATE MILK
23:06 / 14.02.06
refer to written journals not available online for some of this information

You could always, y'know, quote them, and tell us where the quote comes from so we could find it for ourselves, in libraries or summat.

Not specifically disagreeing with your points here, it's just that "lots of important people believe this stuff" has never really been counted as evidence. Not even in pre-feminist courts.
 
 
alas
21:25 / 15.02.06
I am glad, SS, that you say you can see some benefits of feminism (& would actually like to hear which ones you do see).

I see feminist arguments for custody payments as mostly a necessary, compromised response to the bigger social ill of the serious poverty of single mothers and children (in ths US), which I will demonstrate below. This compromise position results from the unlikelihood of instituting more socialist-feminist policies (such as in Sweden, see below) that would more equitably mitigate this problem--policies which many feminists still quixotically fight for (unlike groups like fathers4justice which, so far as I can see, are strictly pro-father and not pro-economic justice. Is there any evidence to counter that view?).

I therefore accept that a percentage of men in divorce/custody cases are upset with this situation, and genuinely hurt by this situation, and I sympathize with their pain. I have not, and do not, deny that their pain or hurt is real.

I believe that women are not simple "victims" and I have a problem with that term, as you apparently do when it is applied to women. I believe women have "agency" in our culture. I.e., women do act in many areas of social life, although their actions are still circumscribed by gender and often by other factors (race, class, perceived orientation, perceived ugliness, etc.). "Victim" is an inappropriate status to ascribe to women, men, or any adult person. Feminists should avoid using or implying it, even as they work to improve women's position in the world.

By the same logic, while I believe men are privileged in most areas of social life, I recognize that they are not utterly free agents in our society either--and many men circumscribed by the same forces just listed for women, so it is inappropriate to use the term "oppressors" as a blanket term for men as individuals.

I accept that feminist individuals or groups may at times unfairly demonize men as oppressors and at times cling to victim status, and I believe this is counterproductive, hurtful behavior when it happens. HOWEVER: I do not accept that this happens as frequently as it is portrayed in the media, or, seemingly, by men's rights groups, nor do I accept that it is a fair characterization of most feminists.

While I do not believe women are "victims" in a simple sense of the word, they do experience oppression, particularly in terms of poverty. This is key, because you still argue NOW doesnt fight for equality. It fights for the financial gain of women, as if 1) women are working from a position of relative wealth and as if 2) women’s poverty is not implicated with childhood poverty.

Unlike your position so far, NOW and most feminists see the poverty of women as real and as deeply harmful to children and to our society as a whole, so they do believe that women’s poverty must be countered. Although feminists almost universally believe that divorce is necessary to a free society and to women’s freedom, divorce has been more impoverishing to women and to children, and this is a problem.

You do not seem to believe women are impoverished. So, first, let me address the stat you do provide about women and wealth. First, from the site you cited re: women’s control over 51.3% of the wealth "But in fact, women represent more than 50% of the poor. Two thirds of the 60 million women working outside the home have no pension plan and those who do have benefits receive half the benefits of their male counterparts."

[If the above link doesn't work, try cut/pasting in the following URL: http://www.pbs.org/ttc/society/philanthropy.html]

Second, after glancing around at several resources, it seems that that 51.3% figure from the Fed. Reserve Board results from the domestic purse-strings responsibility of many women in "traditional" marriages (mentioned by Haus), and—more especially—from the relative longevity of women in stable, long-term married relationships: those married women are likely to end up widowed, and remain so for 20 years or more, during which time they control the wealth of their deceased husbands. (One site explained that wealthy elderly women are 5 times more likely than men to be widowed.) The statistic thus has little relevance for this situation. But note: divorced, separated, and never married women remain at a high risk of poverty in old age, much more so than men.

[If the above link doesn't work try cut/pasting:
http://www.cbpp.org/1-27-00socsec.htm]


More directly, from the National Poverty Center at the University of Michigan, "Poverty rates are highest for families headed by single women, particularly if they are black or Hispanic. In 2004, 28.4 percent of households headed by single women were poor, while 13.5 percent of households headed by single men and 5.5 percent of married-couple households lived in poverty. In 2004, both black and Hispanic female-headed households had poverty rates just under 40 percent." At least partly as a result of this poverty, children represent 25 percent of the total population, but 35 percent of the poor population.

[If the above link does not work, try cut/pasting:
http://www.npc.umich.edu/poverty/#4]


To claim, as you seem to, that women "only" want their children as a way to get at men’s money, apparently to hoard it all to themselves, is, to be blunt, misogynist bullshit. In fact, you say: The result of most custody fights gives mothers more money and MORE access to welfare services.--also implies that women are getting wealthy from custody and TANF payments.

Despite your claims to the contrary, the United States has done the least of all the major economic powers in the world to ameliorate women’s poverty. From a policy briefing from the Joint Center for Poverty Research, a joint project at the University of Chicago and Northwestern University :

[If the above link doesn't work, try cut/pasting: http://www.jcpr.org/research_summaries/vol1_num1.html]

* The United States has the highest poverty rate and the highest ratio of women's to men's poverty among eight modern nations reviewed in a Joint Center for Poverty Research paper, Gender Inequality in Poverty in Affluent Nations: The Role of Single Motherhood and the State. Karen Christopher, Paula England, Katherin Ross, Tim Smeeding, and Sara McLanahan used the Luxembourg Income Study (LIS) to analyze eight Western, industrialized nations: the United States, Australia, Canada, France, Germany, the Netherlands, Sweden, and the United Kingdom. The analysis pertained to nonelderly adults. Results indicate that both the greater prevalence of single mothers in the U.S. and their higher poverty rates relative to other groups are causes of the relatively high sex gap in poverty found in the U.S. The authors examined the effect of household composition (e.g., what proportion of the population is single, and what proportion of women are single mothers) and state tax and transfer policies on the inequality between women's and men's poverty. They conclude that both family structure and relatively low state transfers that do little to redistribute income between men and women contribute to the high sex gap in poverty in the U.S. relative to the other nations studied.

* [In] the U.S., …the poverty ratio of single women to men is 1.93; single women in the U.S. are almost 100% more likely to live in poverty as are single men. In Sweden, single mothers have a poverty rate of 3% compared with their counterparts in the U.S., who have the highest rate of poverty cross-nationally at 47%.


(Sweden is one of the few countries in the world with a primarily feminist, socialist social welfare policy, by the way. Research it, and I think you’d find about the closest thing to what feminist groups have called for as national policy in the U.S.)

Now, as to women and divorce, specifically. The following statistics are taken from the US Census Bureau, 2003, P60-225(but referring to 2001, the most recent data available):

[If the above link doesn't work, try cut/pasting:
http://www.census.gov/prod/2003pubs/p60-225.pdf]


* Although the poverty rate of custodial mothers fell from 36.8 percent in 1993 to 25.0 percent in 2001, it was still significantly higher than the rate of custodial fathers, 14.7 percent.

* "The proportion of custodial parents receiving every payment they were due increased from 36.9% to 46.2% between 1993 and 1997, and the 2001 proportion remained unchanged at 44.8% Among these parents, the average amount received was $5,800 and did not differ significantly between mothers and fathers."

*A large majority (85.3%) of the 6.9 million custodial parents due child support payments in 2001 had arrangements for joint custody or visitation privileges with the noncustodial parents, and approximately 3/4 (77.1%) of these parents received some support payments. Of the custodial parents due child support but who did not have visitation arrangements, about half (55.8%) received any payment.


The 10% figure of men defaulting on payments is low. Some of these men are, no doubt, poor, but I have read some fairly convincing arguments saying that men are at least as likely to exaggerate their inability to pay for reasons of poverty as women are to obstruct visitation.

Now, notice how your verb structures in the following also suggest that feminists are the only actors in society and that men are passive victims, without actually providing any evidence for this stance:

from the point that the tender years doctrine was dismissed [by whom? Judicial system (male dominated)=passive construction] as a reason for determining custody, the feminist movement has prevented [active construction] society from moving away from those values by creating a system [active verb, feminists again] that sustains that bias. In the 1960s, the tender years doctrine began to be removed [passive construction, again avoiding reference to male-dominated judicial/legislative bodies] from laws. However, because of feminist politics, its outcome remains [again, this construction avoids any assignment of agency to men in society]. So it can be said that feminism didnt create the current situation in that mothers were often given custody beginning in the late 19th century, but it can also be said that feminism revived this bias and legislated it [again, now feminists are, without the agency of men, legislating, despite having much less money and no direct political power] into sustainability.

Thus I will continue to assert that the picture you paint is of women’s groups acting like a secret cabal that’s actually more powerful than the judiciary and political officeholders who have set precedents and made these policies, which are about 85% male. And you seem to believe that these male-dominated establishments have been strangely much more attentive to women’s interests, despite women’s lack of wealth and power, than to male interests. I dispute this claim, as I believe would this source based on the House Ways and Means Green Book on Child Support Enforcement

[If the above link doesn't work, try cut/pasting:
http://www.policyalmanac.org/social_welfare/archive/child_support_01.shtml]


The policies you decry in the above paragraph arose in the 1970s when it was realized that single-parent families were now resulting primarily from divorce and unmarried women, and not from widowhood. Only about 18% of women were receiving child-support payments, and their children were suffering.

But policymakers did not react out of altruism or feminist sensibility; they reacted because many of these children were ending up on welfare rolls, and they had tired of any real, sustained "war on poverty." They did see men, who still come out of divorce more financially sound than women, as a source for gaining that money, and one that did not rely on taxation. They discovered that for every $1 spent on seeking custodial support, it saved $4 of taxpayer expense. So they went after it.

Women and children are impoverished at higher rates in this country than men are. Personally, I’d like to see high taxes on the wealthy and generous payments to child-carers regardless of who they are. I’d like to see less emphasis on finding the guilty father, which has its roots in colonial times, not feminist politics (Michael Grossberg’s book I think covers this history).

All of this intensified with the "end of welfare as we know it." Partly they could kick the mostly women and children off TANF lines--as a result of strict time limitations on welfare--by really going after men. I’m not saying that women and even feminist groups have not supported this, but NOW and most feminist groups were ADAMANTLY opposed to and shocked by and felt betrayed and demoralized by the Clinton administration's draconian approach to the poor. They genuinely resisted, but were also faced with potentially huge problems of massive increases in women's and children's poverty. And it's about this time that groups like both Promise Keepers and Fathers4Justice gained prominance, both, for different reasons and with differing goals, blaming feminists for all social evils.

So: I’m saying that 85% male politicians devised these strategies to avoid taxation, while seeking to paint themselves as knights in shining armor saving women in distress even as they harmed women and children. But to say feminist politics "created" this situation is sloppy argumentation, at best.

At worst, when you use feminist politics as a scapegoat for your arguments, refuse to acknowledge that divorced men bear any responsibility for the current situation, and yet borrow feminist ideas, tactics and policies without crediting them, it does matter. It is not just hypocritical, it is misogynist.

Now, as you apparently aren't bothered by completely alienating potential feminist allies, consider this: the "victimized" way you've framed your arguments is likely to contribute to the mainstream, non-feminist perception that men should suck it up and just pay their way. To these readers, f4j and other father's rights groups are likely to appear so self-centered that they can see no one else's pain as in a league with their own--not abused women, not impoverished children. This perception of self-centeredness contributes to the suspicion that many of these men simply resent having to support the children they have fathered. The risk you run, for your own cause, is that the implicit self-centeredness and immaturity deeply undercut the central point that these fathers have been unjustly denied parenting opportunities. Non-feminist readers are likely to be convinced that the system is basically working.

I am also interested in your answer to the question about abortion and I would like to discuss your argument that the amount of parenting before a divorce does not matter, but I’ll leave off for now as I have gone on quite long enough.
 
 
illmatic
07:29 / 16.02.06
[Note to mods: Several of the links Alas has provided above aren't working for me. Could someone have a look at them please. They just seem to be taking me to the front page of the thread. Thanks.]
 
 
ONLY NICE THINGS
07:36 / 16.02.06
Yep. Alas, could you edit this to put in the links anew?
 
 
illmatic
07:42 / 16.02.06
Alas:To these readers, f4j and other father's rights groups are likely to appear so self-centered that they can see no one else's pain as in a league with their own--not abused women, not impoverished children.

Can I back up Alas's point here by adding that this is exactly the perception I've gained from reading Shadowsax's contributions to this thread, which is why I was asking SS about his views on feminsim and wider concern for social justice. Many thanks for Alas for expressing this so articulately.

Note: This is not to belittle the pain and distress experienced by any of these fathers, or to say that fathers experienced no problems in the court system, it's just to put in a wider context, and focusing on how their arguments are constructed.
 
 
ShadowSax
12:20 / 16.02.06
i'll get further into my response, but in going over your post, alas, one thing that stands out is numbers regarding women or children or families living below the poverty level. that statistic is categorically misleading, because as i've pointed out, income levels for custodial parents do not include child support, most of which is paid, as you've noted.

this means that poverty levels of custodial mothers are exaggerated, and it also means that custodial mothers who actually have sufficient income (income deemed sufficient by the STATE to care for the children) are still receiving welfare funds, because by not including child support money as income, they fall below poverty levels.

so that entire argument is skewed.
 
 
ShadowSax
12:37 / 16.02.06
To these readers, f4j and other father's rights groups are likely to appear so self-centered that they can see no one else's pain as in a league with their own--not abused women, not impoverished children.

Can I back up Alas's point here by adding that this is exactly the perception I've gained from reading Shadowsax's contributions to this thread, which is why I was asking SS about his views on feminsim and wider concern for social justice. Many thanks for Alas for expressing this so articulately.


to speak to this, i'd like to say that for fathers who try to look for compatriots in the efforts for gender equality to read accounts that have a dramatically one-sided view, from the point of view of women alone, it seems that feminist-based groups see no ones pain but their own as well. mothers interest groups focus on impoverished children, fathers interest groups focus on children growing up without fathers, which can be just as detrimental as growing up poor (if not more).

which is why i'm trying to stay away from justifying my views on feminism's bad side by demonstrating my views of feminism's good side. it sort of feels like i have to acknowledge some abstract struggle of women in general in order to justify my opinions of certain legislation and social problems coming from feminism. that, in itself, demonstrates the double standard we're dealing with - by presuming men have power, men then have to qualify their criticism with compassion. somehow it doesnt have to work the other way around, where critics of the fathers rights movements dont have to demonstrate compassion for fathers before criticizing specific points, rather saying that fathers rights groups have only themselves to blame because of how those critics have perceived their effort.

i dont blame feminism for putting women into a disadvantaged situation and then trying to get out of it. and i dont see how it's fair to blame the victims of family court bias for that bias. thats a pretty classic logical flaw in the areas of stereotyping.
 
 
ONLY NICE THINGS
13:13 / 16.02.06
i'll get further into my response, but in going over your post, alas, one thing that stands out is numbers regarding women or children or families living below the poverty level. that statistic is categorically misleading, because as i've pointed out, income levels for custodial parents do not include child support, most of which is paid, as you've noted.

Butbutbut - your statistics on women controlling over 51% of domestic spending failed to mention the impact of custodial parents' child support also. So, why are your general addresses on the financial status of women allowable and alas' inadmissable? I can guess, but I thought you might want to have the double standard you're applying there pointed out. Kthxbye.
 
 
ShadowSax
13:26 / 16.02.06
Butbutbut - your statistics on women controlling over 51% OF domestic spending failed to mention the impact off custodial parents' child support also. So, why are your general addresses on the financial status of women allowable and alas' inadmissable? I can guess, but I thought you might want to have the double standard you're applying there pointed out. Kthxbye.

because if anything, women then would be in control of MORE than 51% of finances, because those stats that provided that 51% figure dont include child support, the vast majority of which is received by women. see?

p.s. your direct but dismissive responses dont let you off the hook for anything. being dismissive ("kthxbye") doesnt mean you dont have to read everything and it doesnt mean you arent expected to be fully invested in the thread. if you're going to just swing in to criticize little points here and there, i'm not going to take you any more seriously that i've already done. the fact that you now have to overcome the obvious fact (but new to me) that your opinion is colored by your own relationship history makes your dismissive tone and inability to get past certain problems with tone of voice or whatever isnt justification for not dealing with the larger issues at hand.
 
 
ONLY NICE THINGS
13:52 / 16.02.06
if you're going to just swing in to criticize little points here and there, i'm not going to take you any more seriously that i've already done.

Given the phenomenal lengths you have gone to to ignore alas' many, many statistical proofs, I find this comment rather amusing.

And I am not a divorced woman, you halfwit. I was making a joke which, hilariously, you have jumped on like a drowning man a barrel in order to feel victimised by the scary irrational women again. Obvious, eh?

Now, if you can actually muster a response to alas that does not ignore, misrepresent or just plain lie about what she has said, I will read it with interest. Otherwise, don't whine when people point out the self-delusion in your arguments. For example:

because if anything, women then would be in control of MORE than 51% of finances, because those stats that provided that 51% figure dont include child support, the vast majority of which is received by women. see?

I see nothing in the article, which admittedly yuou have not actually read, to say that the figure does not include child support. Nor did anybody say that it should or should not. It was a statistic concerning women in America, as were alas', not women receiving child support in America. Ergo, your attempt to rule alas' statistics as out of play because they do not focus specifically on women who are receiving child support, and factor in the apparently astronomical increase in women's spending power as a result of this child support, is what I believe you would call rhetoric. If you have some macroeconomic evidence from outside the pages of LadynolikeyBBS that actually describes the impact of child support payments on women's standard of living, present it.
 
 
ShadowSax
13:59 / 16.02.06
haus,

i'll respond by saying that since the IRS and welfare offices dont include child support as income, any statistical data about poverty levels, which comes from welfare and governmental offices such as the IRS, also dont include child support as income. i'll wait to be shown proof to the contrary about that.

and in regards to your namecalling and the fact that i'm obviously being baited by a moderator, [---*].



*see? thats me being better than you and not sinking to your level. just calm down, bme.
 
 
ONLY NICE THINGS
14:36 / 16.02.06

i'll respond by saying that since the IRS and welfare offices dont include child support as income, any statistical data about poverty levels, which comes from welfare and governmental offices such as the IRS, also dont include child support as income. i'll wait to be shown proof to the contrary about that.


And this is irrelevant, as it says nothing about the impact that has on poverty statistics. Essentially, just as you don't really care about violence against women, you don't really care about women being economically disadvantaged - you refuse to accept data about the first because they must be making it up to cheat men out of access to their children and the second because, although you have no idea of the impact child support payments would have on this, or indeed of how the data has been gathered, you want to believe that women live in luxury on the ill-gotten gains harvested from their poor, hardworking ex-husbands. This is denial, Shadowsax, in the face of an overwhelmingly better-researched argument.

And please read the FAQ about how moderation functions and stop painting yourself as the victim. That, aws you have said, is what feminists do.

Now, alas said above:

I see feminist arguments for custody payments as mostly a necessary, compromised response to the bigger social ill of the serious poverty of single mothers and children (in ths US), which I will demonstrate below. This compromise position results from the unlikelihood of instituting more socialist-feminist policies (such as in Sweden, see below) that would more equitably mitigate this problem--policies which many feminists still quixotically fight for (unlike groups like fathers4justice which, so far as I can see, are strictly pro-father and not pro-economic justice. Is there any evidence to counter that view?).

That is, child support is an imperfect solution in the face of a) low incomes earned by women and b) the unlikelihood of a more equitable distribution of wealth. It was created as a way for c) politicians to absolve themselves of responsibility for the fiscal wellbeing of divorcing families while appearing to be concerned for women (without actually having to do anything else to address injustice in gender employment and pay levels). I think that would be a good place to start, but to reject all evidence out of hand on the grounds that income support payments, the impact of which has not been calculate, are not included as income, which has not been proven to be the case, simply suggests that you aren't really interested in anything apart from, as alas and Illmatic have suggested, advancing a rather alienating sense of entitlement and a refusal to engage with data when it contradicts dogma that is, I would humbly suggest, quite key in why the fathers' rights movement so often look like they are nursing a gigantic victimisation complex in defiance of reality.
 
 
ShadowSax
14:38 / 16.02.06
i'm not painting myself as the victim, you idiotic shit. i just dont like being called names by moderators, dumbass.
 
 
ShadowSax
14:40 / 16.02.06
and your one-sided insistence on mindless falsehoods is annoying, just as you claim mine is. so, bugger off and go join a she-woman's man-hating club, as you seem fit to lead them on to great and glorious things.

also, piss off, bite me, and: you're a twit.
 
 
Kit-Cat Club
14:44 / 16.02.06
I have been following this thread with interest, but this is highly unedifying - perhaps everyone, but especially Haus and ShadowSax, should take a step back for 24 hours or so?
 
 
Regrettable Juvenilia
14:59 / 16.02.06
I'm tempted to move ShadowSax's last two posts for deletion as they are entirely free of worthwhile content - then again, it's highly informative to have statements such as "bugger off and go join a she-woman's man-hating club" preserved just so that everybody knows exactly who and what they're dealing with here.

(What is a "she-woman"?)
 
 
ShadowSax
15:04 / 16.02.06
hi fly, actually, "she-woman..." being an allusion to the little rascals.

anyway, i'm glad to stay away for a while. altho i'd love to hear why my nearly precise re-working of haus's sentences towards me could be considered for deletion.

all i've done in my past few posts is exactly imitate the posts that haus has been typing for the past several pages. my patience with haus is at its end, thats all. it's all very stupid. delete me if you want, or keep it there, i could frankly give a shit.
 
 
ShadowSax
16:26 / 16.02.06
i realized part of this should be more than contained within a pm, so i say it here in public:

"...i'm trying in that thread to move on from the vitriol and just lost it, and i apologize to the community for that."
 
 
alas
17:18 / 16.02.06
I have tried to fix the two (I think) links that weren't working, by deleting some blank spaces that crept into my HTML. I hope they will work now (or as quickly as moderation efforts allow).
 
 
Char Aina
21:00 / 16.02.06
i just dont like being called names by moderators, dumbass.

moderators are members too, dude.
they can do as members do.
same rules go for all 5k of us.
 
 
Dead Megatron
07:33 / 17.02.06
"she-woman"? How many times can a woman be a woman?

How about "double-X-chromosomed female she-woman lady girl"?
 
 
ibis the being
17:54 / 03.03.06
Hello. Real late to the party here, and I am treading most carefully, as there seem to be a lot of broken bottles strewn on the floor already.

I began reading this thread when it was first introduced, and then left it alone when I thought I saw that it wasn't going to go far beyond ridiculing the F4J. Therefore I missed the larger discussion (if it can be called that) that ensued until just now.

I know that the Switchboard largely frowns upon personal anecdote, and for good reason. Probably what I'm going to write could/should be written in a new Conversation thread, but it may be that this horse is dead anyway.

It's a shame that ShadowSax was the only person espousing the 'father's rights' position here, since, like the F4J, he has made an utter fool of himself and discredited even the small kernel of truth that could be presented as a worthwhile argument. Despite his abominable behavior in the thread, I still manage to feel a smidgen of sympathy at least for his obvious pain, and I still have to isolate this one thing he wrote and state that I believe it's true.

Men are discriminated against in family court because of their gender. This doesnt mean that there arent sometimes other reasons for a man to be judged against in family court, but they are not starting out even.

Here's where the personal anecdote comes in (forgive me). My parents split up 7 years ago when I was 20. Much of what happened in the course of the divorce comes to me from my father's side, so it's fair to consider that a biased source.

In the very beginning, my father was in such a state of shell-shock by the breakup (initiated by my mother and she filed for separation, but it was my father who filed the divorce papers), he instructed his attorney to basically just get it over with quickly and he had no real urge to fight anything. There were three minor children (not including myself obviously) and a house in dispute. The house and full custody of all children went to my mother, and the agreement that my father's attorney made in conjunction with my mother's attorney was that there would be no alimony paid in exchange for my father paying the maximum child support allowed regardless of income level or what he was actually required to pay. Although he suffered extreme emotional pain over not getting more than weekend custody with any of the children, he chose not to contest it to avoid putting them into the middle of any kind of battle.

Blah blah blah long story short, over the years my mother continually dragged my father to court over small problems mainly dealing with child support payment amounts and schedules. My father struggled to find an attorney who seemed to present any kind of real interest in arguing his case, and finally resorted to representing himself. This was a poor idea as he's relatively uneducated, and happens to suffer from a disease that impairs his ability to think, articulate coherently, and even at times stay awake.

Most recently, he found himself in court again because my mother was accusing him of owing her back child support, and also because he felt he'd overpayed her and had made the poor decision to suspend his payments until the imbalance was redressed, which he'd never been authorized by a court to do.

During the final battle, as it were, my father asked me to come in and testify on his behalf since my mother was now, bizarrely, arguing that she and not he had paid for my college expenses a few years earlier, which I knew was unquestionably a lie. I went in and I saw in court that my dad suffered through being openly ridiculed and humiliated not only by my mother's lawyer, but also by the judge, for being forgetful, confused, and inarticulate (all mostly due to his illness as I've pointed out). He was slandered as a deadbeat dad, despite the fact that he had paid far more money toward child care than was ever strictly required by a court. He was also characterized as a drug addict because for his illness he's prescribed narcotic pain relievers without which he'd be severely disabled and nonfunctional. He broke down crying in the middle of his opening statements and was summarily mocked by the attorney and judge for this.

To me, this was as clear a case of gender discrimination as I'd ever seen. Nothing about my mother's attorney's case was representative of the truth of the situation, nor were her characterizations of my father in any way accurate. I believe she was relying on and employing a discriminatory stereotype to push through a case that was nearly 100% bullshit, and it was accepted out of hand. It should be noted that in the end my father actually won that particular case, because despite the ridicule he suffered in court and the judge's obvious disdain for him as a person, all that really mattered was the numbers, and fortunately for my father it was clear from those that he had in fact overpayed my mother many times over, and she had to refund him a good deal of money.

Now, do I believe that a case like my dad's is representative of the typical family court case? Not at all. I think alas makes a good point in noting that if the system is set up such that women are assumed to take the nurturing role (i.e. custody) and men to take the financial (i.e. child support), this was put in place by a patriarchy that sought to keep the financial control in the hands of men and perhaps push the children off on the women. And I agree that women are still largely granted less power than men in our culture, and that a lot of the time they can't and shouldn't be viewed as "equal" by a family court when the weight of patriarchal power in society means that "equality" still comes down in favor of the man. However, I think there is a position to be made, though it is certainly not made by F4J nor ShadowSax, for father's rights in some cases. To me this is not a black and white issue, but the gray area can be little hard to navigate.
 
 
ShadowSax
18:25 / 03.03.06
However, I think there is a position to be made, though it is certainly not made by F4J nor ShadowSax, for father's rights in some cases

in some cases?

even qualified acknowledgement that there is a problem is better, i suppose, than nothing.

your anecdote may not be typical in its specifics, but it is very typical in general. usually, it's only something seen by people with direct experience because family courts are closed to the public and there is no reason for lawmakers or the judicial system to change an already profitable system. unless they are called out on it. this is the reason that F4J's actions were public spectacles and not public relations/press release events. there needs to be a shock to public consciousness in order to raise awareness.
 
 
Dead Megatron
19:28 / 03.03.06
Hey ibis. Sorry for the personal question, but did you ever talked to your mother as to why she's go about saying your father didn't pay for your college when he did? I think it might be useful to the debate to examine individual reaction in divorces...

I'll totally understand if you prefer no to talk about it, of course.

and, despite being humiliated by the lawyer (that's hir job, anyway) and the juge (that's is less "excusable", though), at least he won the case. So, is this really an example of bias in courts?

and a little joke to light things up a bit:


This thread is much like a super-hero too: when you think it's dead, it comes back with a new uniform, kicking major assss.

[meanwhile, in the Hall of Justice...]
 
 
ibis the being
22:28 / 03.03.06
in some cases?

Well of course in some cases. In the case of a father who has a history of child abuse, for example, there is no position for 'father's rights.'

there is no reason for lawmakers or the judicial system to change an already profitable system.

I fail to see what's profitable about it. If I had to guess at the reasons for gender discrimination in family court (and certainly guessing is all I am qualified to do), I'd probably say it's because there may be some level of jadedness among family court judges and attorneys who, unfortunately, have seen way too many cases of genuine deadbeat dads and have begun to paint more innocent fathers with the same broad brush.

Hey ibis. Sorry for the personal question, but did you ever talked to your mother as to why she's go about saying your father didn't pay for your college when he did? I think it might be useful to the debate to examine individual reaction in divorces...

I would love to know the answer to that question, but unfortunately long before I appeared in court I realized that any discussion with my mother about finances/dad took less than five minutes to dissolve into screaming fits (hers, not mine) and I declared the topic off-limits between us. Maybe someday I'll ask her.

and, despite being humiliated by the lawyer (that's hir job, anyway) and the juge (that's is less "excusable", though), at least he won the case. So, is this really an example of bias in courts?

I think it is an example of bias within the system.... For one thing, the attorney is not excused from discrimination by losing her case. And the judge is not excused from discrimination for ultimately making a decision that was pretty much incontrovertible as long as my father and the State both kept accurate financial records, which they did. It was a simple mathematics problem that determined the outcome, and it would have taken more than a little bias on the part of the judge to deliver a wrong decision there.
 
 
ONLY NICE THINGS
22:47 / 03.03.06
In which case, perhaps the problem is with an adversarial legal system? If, ultimately, the question came down to a simple matter of calculation, should this ever have ended in a courtroom situation at all? It seems that the adversarial setting here caused unnecessary pain to everyone involved, when it could have been resolved in a different way - even if it came to court, say, by a judge insisting that it went to mediated arbitration involving neither parent, whose testimonies were ultimately irrelevant? Is there a basic fault in the legal system of the US here?
 
 
ibis the being
23:22 / 03.03.06
Well, I don't know enough about the legal system to answer your ultimate question, Haus, but as to the rest of your post I'd say it's exactly right on.
 
 
Dead Megatron
13:37 / 04.03.06
In which case, perhaps the problem is with an adversarial legal system?

For the little I understand of the legal system (of the entire planet), I think it's seriously flawed. It dependes too much on this "adversarial setting" you mentioned, and in the argumentative ability of lawyers, much more than in truth and justice themselves.

But, since I can't imagine a better alternative, I'm forced to accept it as is.
 
 
ONLY NICE THINGS
22:53 / 04.03.06
Actually, DM, there are quite a few alternatives already available. For example, in the UK many disputes can be agreed between solicitors without having to go to court at all. Within the court system, some cases are decided by trial by jury, others by a tribunal of magistrates.

Elsewhere, systems function differently again. For example, the French legal system, if I recall correctly, is adversarial, but also works to the principle of inquisition - instead of cross-examination of the suspect being done by the advocats, questions are asked of the accused by the judge. I don't know if this would apply to a dispute over maintenance payments - I suspect not - but as a principle it might avoid the kind of treatment ibis' father apparently received.
 
 
ShadowSax
14:27 / 06.03.06
Well of course in some cases. In the case of a father who has a history of child abuse, for example, there is no position for 'father's rights.'

so, fathers with a history of abuse should not have rights? i know this sounds pedantic but lets talk about what we're really saying here. criminals have rights in court. accused criminals with a criminal history have more rights in court - are rarely ridiculed by the judge or harrassed by opposing counsel, for instance. should fathers with a history of abuse have fewer rights in family court?

I fail to see what's profitable about it. If I had to guess at the reasons for gender discrimination in family court (and certainly guessing is all I am qualified to do), I'd probably say it's because there may be some level of jadedness among family court judges and attorneys who, unfortunately, have seen way too many cases of genuine deadbeat dads and have begun to paint more innocent fathers with the same broad brush.

a self-sustaining judicial system is profitable for lawyers and judges. judges overseeing a system that receives kickbacks for higher rates of child support collection have an interest to maintain that system.

i would suggest that mothers who go after money even tho they know they shouldnt get it do so simply because they can or in many cases because they feel they are owed money from fathers who they feel abandoned them, some sense of entitlement, reparations owed.

In which case, perhaps the problem is with an adversarial legal system? If, ultimately, the question came down to a simple matter of calculation, should this ever have ended in a courtroom situation at all? It seems that the adversarial setting here caused unnecessary pain to everyone involved, when it could have been resolved in a different way - even if it came to court, say, by a judge insisting that it went to mediated arbitration involving neither parent, whose testimonies were ultimately irrelevant? Is there a basic fault in the legal system of the US here?

yes, there is. it's due to the self-sustaining legal system based on kickbacks from feds to local govts for higher child support numbers and the interest to continue an existing profit system. why would lawyers encourage settlement when they will make more money by going to court? and unlike criminal cases, where there is more risk for both sides, engagement in family court has largely predetermined outcomes (due to bias), so there is greater certainty on all parties of who is going to make the money. often, the father is also taken to court to pay for the mother's legal fees, putting him further into debt.
 
 
Supaglue
22:05 / 06.03.06
Actually, DM, there are quite a few alternatives already available. For example, in the UK many disputes can be agreed between solicitors without having to go to court at all. Within the court system, some cases are decided by trial by jury, others by a tribunal of magistrates.

Haus is right, DM. There are many schemes in the UK (and elsewhere no doubt) that have been piloted to try and soften the blow of divorce and the law concerning children and the family. Mediation is the main one that springs to mind. It's offered and encouraged by legal advisors/lawyers in every divorce, and whilst not compulsory, I believe it's helped to resolve bitter differences that would otherwise have gone to court.


But, since I can't imagine a better alternative, I'm forced to accept it as is.

Of course, the adversarial approach is not the only legal model in the world - the French inquisitorial approach can help to lessen the 'me aginst them' feeling that occurs in family problems that require judicial intervention.
 
 
alas
02:08 / 07.03.06
should fathers with a history of abuse have fewer rights in family court?

This strikes very close to a situation I know very well. It was decided that a carefully monitored but continued relationship between the children and the possibly abusive parent was worth pursuing, for all concerned. It was a very particular case, but not necessarily that unusual I think, because there was a lot of gray area.

I'm opposed to any systemic attempt to make a human being into a "monster," and adversarial systems do tend to do just that. It is often the lawyer's job to present the opponent as subhuman--whether it's criminal court or family court. Someone upthread mentioned that mothers in these cases are therefore often presented as "crazy," which is another sub-human category, and, Shadowsax has repeatedly stated that fathers are presented as exaggeratedly violent.

(I would point out, that, complicating this scenario, is the fact that our society has a place for and even kind of admires the violent man--especially the John Wayne authority figure--but to be the hysterical/crazy woman...I can't think of any situation where that's admirable, let alone "heroic." These stereotypes do genuinely muddy the waters of courtrooms in weird ways, however. The qualities for which a man might be valued in work--aggressively arguing a case, even to the point of bullying--tends to be a very counterproductive for the same men in a family courtroom, which I think some men find to be a bewildering experience.)

But, generally speaking, I don't think it's usually the best solution to rip any person out of a child's life, during a period of crisis, if there is any other possible way forward and especially if there are real and warm feelings for the parent from the child. Purely from a very pragmatic level, a bewildered child who misses hir parent may, in mourning the loss of the absented person, turn them into a fantasy figure--a wronged, beautiful, wonderful person... who lives only in the child's mind. If the child then flees to that absent person later in their childhood or in their early adulthood, and the person is, in fact, dangerous or unpredictable or just very messed up, it has the potential to be a very damaging situation for the child, and sometimes the adult too.

I would not say "no rights" then, but I would say that the nature and history of the abuse must be taken into account in determining contact--whether, when, how much, and under what circumstances. And I suppose that does mean "fewer" rights. Additionally, the nature of the children's feelings towards that person (and they might very well be complex feelings) should be carefully determined, weighed, and considered. That often takes time and money, and patience from the adults, because a child's trust can be difficult to gain.

History matters, and the texture of that history matters. Unfortunately, divorcing parents of whatever gender do, too frequently, but not necessarily intentionally, lose sight of the children, and turn them into pawns of their adult power struggles. The courts are simply not best placed for determining the child's state of mind and emotion (although a good, well-trained, and genuinely commited Guardian ad litem can help the process considerably). But often the courts are the only entity in a position to do this job, because the parents have not been able to work it out in mediation or through other less adversarial means, and have chosen/wound up in court.
 
  

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