Currently, there are laws, standards, and practices that–when combined–constitute discriminatory policies in Family Court jurisdictions particularly against fathers. By extension, these violate the rights of children.
There is consensus in the psychological community that shared parenting is in the best interests of children more often than not. Aside from the Constitutional Law violations, would it not stand to reason that shared parenting should be the standard, instead of the rare exception in separation/child custody issues?
Family Law needs serious reform, and Family Courts should not be empowered to create master/slave dynamics–again, especially along gender lines–without each parent having Due Process observed, and observed equally. Each parent should be on equal footing walking into a courtroom. Our children deserve to have both parents scrutinized by the same standards. That is in their “best interest”.
A rebuttable presumption of shared parenting should be the starting point in all jurisdictions. The parent and/or state should have the burden of proof placed on their shoulders to prove the other parent as “unfit” or “less than fit” in order to deviate from the shared parenting presumption. The concept is the same as “presumption of innocence”.
In the vast majority of cases, one parent(usually the father), has to overcome higher standards of proof to approach equality in parenting. Shared parenting presumptions begin to level the playing field, which is in our children’s best interest. Family Law Reform needs to be an election topic in 2016.