Synopsis by Gary Da Silva
The breakdown of the family, particularly through the mechanism of no-fault divorce, significantly impacts fathers and children. Stephen Baskerville’s article “The Politics of Family Breakdown: How No-fault Divorce Turns Fathers into ‘Deadbeat Dads’” provides a comprehensive analysis of these impacts, focusing on the political and judicial factors that exacerbate the issue.
Political and Judicial Factors
- Unilateral Divorce and Custody Bias: Baskerville highlights that under no-fault divorce laws, a significant majority of divorces are unilateral, initiated by one spouse, typically the wife. This leads to a situation where fathers are often left without protection against losing custody of their children. Family courts overwhelmingly favor mothers in custody decisions, driven by financial and bureaucratic incentives rather than the best interests of the children.
- Family Court System: The family court system is described as an entity with immense power, operating largely behind closed doors and often unaccountable. Judges and associated professionals, including lawyers and social workers, have financial interests in maintaining high volumes of litigation. This creates a system where divorce and custody battles are encouraged, benefiting those who profit from these proceedings.
- Criminalization of Fathers: Fathers who lose custody become marginalized and criminalized. Their interactions with their children are heavily regulated, and any deviation from court-mandated visitation can result in severe legal repercussions. This criminalization extends to extreme measures, such as forced psychological evaluations and invasive surveillance, undermining the fathers’ rights and dignity.
Economic and Social Impacts
- Financial Burden: Child support enforcement policies are stringent and often unreasonable, placing immense financial burdens on fathers. These policies are driven by the politics of interest groups rather than the actual needs of children, resulting in inflated arrearages and aggressive collection tactics. This financial strain can push fathers into poverty, further limiting their ability to maintain a meaningful relationship with their children.
- Erosion of Father-Child Relationship: The enforced separation and stringent regulations diminish the father-child bond. Fathers are relegated to a secondary role, often perceived as ‘deadbeat dads,’ irrespective of their willingness and capability to support and nurture their children. This erosion of the paternal role has long-term psychological and emotional consequences for both fathers and children.
- Impact on Children: The instability and conflict resulting from family breakdown adversely affect children. The absence of a father figure and the contentious nature of custody battles contribute to emotional distress and developmental challenges. Children in single-parent households, particularly those headed by mothers, are statistically more likely to face economic hardships, academic struggles, and behavioral issues.
Broader Societal Implications
- Incentivization of Divorce: The structure of family courts and child support systems inadvertently incentivizes divorce. Mothers may be encouraged, or even forced, to divorce to gain custody and financial benefits. This creates a vicious cycle where the system that aims to protect families ends up facilitating their disintegration.
- Public Trust and Legal Ethics: The manipulation of divorce laws and the entrenchment of biased judicial practices erode public trust in the legal system. The lack of transparency and accountability in family courts raises ethical concerns, highlighting the need for reforms that prioritize the welfare of families over bureaucratic and financial interests.
- Call for Reform: Baskerville advocates for a reevaluation of no-fault divorce laws and family court practices. He emphasizes the need for policies that protect the rights of both parents, ensure fair and balanced custody arrangements, and minimize the adversarial nature of divorce proceedings. By addressing these political and judicial shortcomings, society can better support families and mitigate the negative impacts on fathers and children.
In summary, the breakdown of the family, exacerbated by no-fault divorce and biased judicial practices, has profound negative impacts on fathers and children. The family court system’s incentives and the criminalization of fathers contribute to a cycle of family disintegration, necessitating significant reforms to protect and support family structures.
Conclusion By Gary Da Silva – As far back as 2004 and more actively since I became Chairman in 2019 we as Fathers 4 Justice South Africa have actively engaged the government on all levels at the highest possible point, namely the State President, the department and the minister of justice, The department and the minister of Social Development, The Family Advocates office, The centre for gender Equality, the law reform commission to name a few. Every SINGLE ONE OF THEM has chosen to ignore us.
Fathers in South Africa therefore are simply NOT THE PROBLEM ANY MORE!
