I t is vitally important that men, young men especially, know about the degenerate state of the UK’s family law regime. How it is responsible for, at least partly, sometimes wholly, destroying lives. European human rights laws state that it should be possible for anyone to “marry and to found a family”. But, without the protection of the law, this right is meaningless. It is no longer safe for man to marry and to found a family, so we have a serious civil rights issue, and a major component of civilised society has been wilfully destroyed.
The recent history of matrimonial and family law shows that the most significant changes, which affect the outcomes of cases, have been introduced, not by Parliament, but by case law of the senior judges, and which go against the equitable principles laid down by Parliament in the written laws.
The principles currently applied are not those that Parliament, or the public have accepted. They include ‘no-fault divorce’ and the ‘children’s interests paramount’ principles, compounded with policies of mother-priority in custody, and enforced payment of child maintenance which is not based on need and is entirely unaccountable. The former principle is responsible for deep-seated injustices against innocent men, and the latter, while appearing to be reasonable, in reality, results in capable fathers losing control of their children’s upbringing at the discretion of a judge. The state effectively supports these processes through the priority provision of legal aid to women, and the support given to single mothers.
Outcomes in typical cases illustrate deep-seated injustices. They show massive inequalities in outcomes so far as children, life savings, home, and future income are concerned. Problems caused are across a spectrum of issues : the separation of innocent men from their children, serious financial burdens, the prohibitive costs of ongoing legal action, the effect of deep-seated injustices, and the lack of support for marriage and for well-behaved individuals in marriage. Human rights violations against innocent men are clearly taking place in about 100,000 cases each year. Current social conditions, with about 30% of children largely without the protection of their natural fathers, and experiencing their mothers having multiple partners, are commonplace.
Ethical principles in UK family law should include :
– Matrimonial and family law will be decided by the People, and be fully representative of the wishes of the People in terms of the principles applied;
– Justice will be provided, in terms of children, home, life savings and future income including pensions, with respect to the contribution of the parties throughout the marriage;
– The principles applied will encourage loyalty and good behaviour in marriage, and discourage bad behaviour at separation;
– Matrimonial and family law will operate to preserve the assets of the family for the benefit of the family, and will especially protect the assets of the innocent party;
– Matrimonial and family law will provide justice for the well behaved party; the no-fault principle will not be allowed to be re-established;
– Maintenance of children will be based on one-half of the costs of basic care; no parent will benefit from such maintenance; maintenance will be fully accountable;
– Shared parenting will be the norm;
– No mother will be allowed to take children a distance or overseas;
– There shall never be a burden of proof on a capable parent that he shall have full control over his children, and never a burden of proof on him that he is beneficial to his children.
At this point in time, the law includes none of these.
Current practices in the formulation of law and policy, and those responsible, are reasonably described as degenerate, and under the control of un-elected and un-representative select groups. Judges are deeply involved in the law-making process, as well as acting as the law-enforcers, and are therefore in a dictatorial position. Parliament and the public are not represented in the debates, which are dominated by lawyers, social scientists, and those with specific agendas especially feminists.
The lack of control mechanisms, lack of public involvement has been adequately demonstrated within many recent initiatives. Submissions to supposedly responsible authorities, and applications under human rights laws, are being deliberately obstructed, and have provided no remedies.
To restore control, we recommend that the people’s representatives in Parliament assert their authority over those responsible for the present situation. A constitutional issue has arisen, about who controls the law. Parliamentary laws are required to be introduced that will :
– allow individuals to know their rights and responsibilities before commitment;
– prohibit judges’ discretion to vary those rights, with written law that anyone may understand;
– remove the degenerate principles currently applied, and base law on essential ethical principles, that provide support for marriage, for the individual’s rights, and for justice;
– ensure that the people and court users, and those without agendas, will control law and policy;
– provide feedback from court users, and publish findings and remedies;
– ensure that the victims of the present corruption and degeneracy are compensated, and that those responsible will be brought to justice;
– establish bodies, e.g. sub-committees of a Family Justice Council, with terms or reference to implement these remedies.
Men need a mass movement to bring the pressure required to remedy these problems. We therefore need leader(s) of charisma, significant funding, a permanent office with staff, etc, etc.
For more of Barryâ€™s work click:
Originally posted 2007-11-15 13:26:44.