One is that many mothers gain custody because most fathers decide to give up custody rather than there being bias towards fathers. Jacob was under her care at the time. Twenty-nine percent of fathers see their children 1-4 times a month, while 27% have no contact at all with their children. More on that later. 9. This article will discuss the historical context for this belief and consider whether the bias against fathers … First she denies that family court outcomes disproportionately treat fathers worse than mothers. Mick Clarke’s seven-year-old son, Jacob Clarke, was murdered by his mother Tanyia Hewson on the 5 th of June 2017. As a family lawyer, I regularly see dads who worry about their chances of being treated fairly in the Federal Circuit and Family Court. The title says it all – “The idea that family courts are biased against men is a dangerous fallacy.” After that, those of us who toil in the family court reform vineyard know what’s coming, and Sodha doesn’t disappoint. "Yes there is bias, prejudice and discrimination in family court towards men. Whether right or wrong, the courts carry the stigma of being biased against dads when it comes to parenting orders and in particular, equal shared parental responsibility. However, it is questioned whether the court system is biased against men in matters involving custody and access to children when family breakdown occurs. Many battles in family court are lost simply because of the fathers negative and distasteful reactions during court. However, despite these problems most of you have failed because you didn't take the time to learn how the system works." It can be argued that, when deciding custody and visitation, a court gives the best interests of the child the highest priority and not gender (Levin ; … The perception that family law is unfair to fathers is not exactly true. SJC Justice Upset with Problems in Probate Court, But Tells Father to Complain to Chief of Probate Court First by Ed Oliver, Massachusetts News, February 13, 2001. This is actually a myth. Historically in family law, due to bias against fathers, fathers may have been disadvantaged or on unequal footing when it came to matters involving children. Family court bias against Fathers Australia. Several conclusions can be made when you put all of these statistics together. Understand and truly believe that your child needs you. Even if the mother disagrees and the Court is against you, remember that your child is counting on you to hang in there and fight for your parental rights. Until the statistics tell us that more than 4 percent of divorced fathers are seeking custody through the Family Court system, there are few men who have such experience and proof of a true "gender bias." Mick Clarke certainly thinks so. by Dr. Stephen Baskerville, Insight Magazine, June 18, 2001. Yes the family court system is broken and needs reform. Just 3 per cent of fathers who go before the Family Court are refused access to their children, casting doubt on One Nation senator Pauline Hanson's claims that mothers are using the court … Biased Courts – Are Family Courts Prejudiced Against Fathers? Is there a family court bias against Fathers in Australia? A gender bias argument should not be used by a divorced father unless he has personal experience and can back up that experience with proof. The speaker continued by explaining why men lose in family court. One of the reasons so many believe this is the case is because the large majority of couples who divorce do so by agreeing to joint custody.