Are fathers really getting a better deal in the family courts?

Updated: Fri, 26 Mar 2010 13:14:50 +0000 by alsters456

Recent reports in the national media have suggested that the tide is turning for fathers in family courts. A number of high profile cases have labelled the mothers in question as ‘too stupid’, ‘disruptive’ or ‘busy’ to be looking after, or even allowed contact with, their children.

But, suggests one Coventry & Warwickshire family solicitor, these cases are the exception rather than the rule. “Fathers are getting a better deal in the courts,” says Erica Kemp, a partner and head of the family law department at Alsters Kelley, “but this does not necessarily mean that mothers are facing rough justice.”

Ms Kemp continues: “The family courts, especially since the introduction of shared residence in 2005, are, for the most part, bending over backwards to try to ensure both parents are able to spend time with their children.

“But, in the majority of cases, children do still live with their mother after divorce or separation – some figures suggest 95%, against 5% with fathers. It is still difficult for a father to secure residence but, in our experience, fathers are definitely seeing fairer treatment by the courts.

“In 2004, senior High Court judge, Mrs Justice Bracewell, presided over a case in which a father was awarded residence after the mother had repeatedly denied access for four years. She warned that there was a public perception courts routinely ‘rubber-stamp cases’ by awarding residence to mothers while marginalising fathers. Mrs Justice Bracewell proved that misconception was unfounded and, in that case, she actually awarded in favour of the father.

“Magistrates and judges are now looking more closely at the long-term opportunities provided by each parent in order to make a decision which is in the best interests of the child.

“Rather than the parents having a right to the child – like a possession – the courts view the child as having a right to a relationship with both parents. Parents have a responsibility to ensure that they do what is best for the child – whether that be living with the mother or the father.”

Alsters Kelley has one of the largest family departments in the Coventry and Warwickshire area with offices in Leamington Spa, Coventry and Nuneaton. They also offer public funding to eligible clients for family matters (as well as clinical negligence and criminal proceedings).