Equal shares: rights for fathers or recognition for children?

Abstract

The fathers’ rights movement in England has recently been given a huge boost by the involvement of Bob Geldof who has become their influential mouthpiece in the media and elsewhere. The movement has also diversified and adopted more high profile tactics more akin to those used in Australia and New Zealand. These tactics have challenged family law to adopt a principle of pure equality between mothers and fathers and demands that, on divorce or separation, children should be shared equally. In this paper it is argued that this demand ignores entirely the experiences of children who have lived an ‘equal shares’ arrangement for many years and that it reduces children to passive objects who can have no voice in a system designed only to create equality between adults. It is argued that rather than pushing the principles of family law back towards simplistic notions of equality, what is needed is a policy based on recognition rather than rights.

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