Sir, - The eradication of discrimination against women has been driven and underpinned to a large extent by legislation based on the concept of equality. It is long past time that legislation was enacted to eradicate the cruel injustices inflicted on fathers in relation to custody and continued parenting after marriage relationship breakdown.
Laws must co-evolve with changing lifestyles and attitudes. Parenting duties are being shared more equally than ever before and this should be reflected by changes in legislation and the judicial interpretation of legislation.
One of the best ways of ending the discrimination in the family law courts would be the introduction of reporters into the family law courts. If individual cases were reported, the judiciary would be publicly accountable for their decisions. The names of the parties would not be disclosed to the public, but the outcome of the cases and the evidence used against the father and/or grandparents would.
This would ensure that there would be some sort of equality in a system that favours the mother over a father, as well as a grandparent. Fathers who are more than willing to be responsible parents should not be denied the right to be so. Likewise, grandparents should not be denied the right to see their grandchildren.
The solution to this is two-tier: Social attitudes towards fathers must change. The legislation and structures dealing with marriage breakdown need to change, so that shared parenting and joint custody becomes the norm and the custodial guardianship rights of both parents and children are upheld.
The legislation governing separation/custody does not overtly appear to cause discrimination against fathers. However it is deficient in that:
1. It does not protect parenthood adequately.
2. It does not encourage the amicable resolution of custody disputes.
3. It provides no guidelines/standards on dealing with custody issues.
4. It does nothing to rectify the anti-father attitudes in society generally and which are more pronounced amongst the judiciary.
Society changes, but legislation stays the same. Is this right? - Yours, etc.,
(Unmarried father,
with sole custody),
Christopher Carr, Ballyadam, Carraig Tuaithail, Co Cork.