NOW: Family Courts Not Corrupt
Enough
June 2, 2002
by Stephen Baskerville, Ph.D.
The National Organization for Women
reports that America's family courts are "incompetent and corrupt."
Family law is rife with conflicts-of-interest and routinely denies due
process of law, says NOW.
No one familiar with family court would
argue that they are not corrupt. Yet NOW's objection seems to be that
family court is not corrupt enough. NOW claims family courts are biased
against mothers, but their only evidence is that the courts do not throw
enough fathers out of their families.
NOW's assessment is based not on facts
but on surveys of its supporters: angry women who have learned they
can use the courts to separate child from their fathers. NOW says "women
report" that "batterers or abusers are easily able to obtain custody
of their children." But NOW provides not a single documented instance
of a violent or incestuous father getting custody.
Family courts grew up in conjunction
with no-fault divorce. Both were largely the creations of organized
feminism. The first principle of family court is to remove the father
from the home. Mothers too are sometimes forced away from their children,
but NOW seems to regard that as a small price to pay for the power to
eliminate fathers.
Though purporting to be a critique of
the very real corruption in family Courts, NOW's report is an attack
on fathers and a manifesto for removing more fathers from their homes
and their children.
In fact family courts are far more destructive
and dangerous than NOW alleges. Family courts routinely confiscate children
from parents who have done nothing wrong. Family courts incarcerate
massive numbers of parents without trial, without charge, and without
an attorney. And family courts routinely ignore and themselves violate
the most basic constitutional rights, including freedom of religion
and freedom of speech. But because the targets are overwhelmingly fathers,
NOW has nothing to say about it.
Perhaps we should take NOW at its word:
If NOW is not happy with its misbegotten child, perhaps it is time to
abolish family court. After all, we already have courts to deal with
those who break the law and legal agreements. We do not need courts
whose bread-and-butter derives from dissolving families. But don't look
for real divorce reform from the National Organization for Women.
Stephen Baskerville