The fathers' rights movement is a branch of the men's rights movement whose members are primarily interested in issues related to family law, including child custody and child support, that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mothers—either after divorce or marital separation. The movement includes men as well as women, often the second wives of divorced fathers or other family members of men who have had some engagement with family law. Most fathers' rights advocates argue for formal gender equality.
Demographics The fathers' rights movement emerged in the West from the 1960s onwards as part of the men's movement with organizations such as Families Need Fathers, which originated in the 1970s. In the late twentieth century, the growth of the internet permitted wider discussion, publicity and activism about issues of interest to fathers' rights activists. Factors thought to contribute to the development of the fathers' rights movement include shifting household demographics brought about by rising divorce and falling marriage rates, changes in the understanding and expectations of fatherhood, motherhood and childhood as well as shifts in how legal systems impact families.
Fathers' rights groups in the West are primarily composed of white, middle or working class, heterosexual men. Members tend to be politically conservative but do not share a single set of political or social views and are highly diverse in their goals and methods. Members of the fathers' rights movement advocate for strong relationships with their children and focus on a narrowly defined set of issues based on the concerns of divorced or divorcing men. Women, often new partners including second wives or other family members of men who have had some engagement with family law and mothers without custody, are also members of the fathers' rights movement, and fathers' rights activists emphasize this. Two studies of fathers' rights groups in North America found that fifteen percent of their members were women.
The fathers' rights movement organizations Families Need Fathers and the Lone Fathers Association have campaigned for fathers' rights over many decades. Longer-lasting organizations appear to result from the long-term dedication and commitment of key individuals. Other fathers' rights groups have tended to form and dissolve quickly. Internal disagreements over ideology and tactics are common, and members tend not to remain with the groups after they have been helped.
Political and social views
The fathers' rights movement has both liberal and conservative branches, with different viewpoints about how men and women compare. Although both groups agree on the victimization and discrimination against men, they disagree on why men and women differ (nature versus nurture) and traditional gender roles. The liberal version believes the differences between the genders are due to culture and supports equality between men and women; in contrast, the conservative branch believes in traditional patriarchal/complementary families and that the differences between genders are due to biology. Ross Parke and Armin Brott view the fathers' rights movement as one of three strands within the men's movement that deal almost exclusively with fatherhood, the other two being the good fathers' movement and groups forming the Christian Men's movement – the Promise Keepers being the largest.
Members of the fathers' rights movement assert that fathers are discriminated against as a result of gender bias in family law; that custody decisions have been a denial of equal rights; and that the influence of money has corrupted family law. The movement's primary focus has been to campaign (including lobbying and research) for formal equal rights for fathers, and sometimes for children, and to campaign for changes to family law related to child custody, support and maintenance, domestic violence and the family court system itself. Fathers' rights groups also provide emotional and practical support for members during separation and divorce. A subset of the fathers' rights movement is considered to be a part of the broader manosphere, a set of Internet forums promoting masculinity along with opposition to feminism.
Some fathers' rights groups have become frustrated with the slow pace of traditional campaigning for law reform; groups such as the originally UK-based Fathers 4 Justice have become increasingly vocal and visible, undertaking public demonstrations that have attracted public attention and influenced the politics of family justice. Following protests, some fathers' rights activists have been convicted of offenses such as harassment and assault. Fathers' rights groups have condemned threats and violent acts, with Matt O'Connor of Fathers 4 Justice asserting that his organization was committed to "peaceful, non-violent direct action" and that members caught engaging in intimidation would be expelled. An example of this was in January 2006, when O'Connor temporarily disbanded the group after it was revealed that a fringe subsection of members were plotting to kidnap Leo Blair, the young son of Tony Blair, the former UK Prime Minister. According to the police, the plot never progressed beyond the "chattering stage". Four months later the group was refounded.
Legal scholar Richard Collier writes that fathers' rights activists often base their arguments for reform on "anecdotal evidence and assertion" rather than "evidence-backed research", and argues that implementing their proposed changes to the law "may have potentially deleterious consequences" for mothers and children. Collier, along with researchers Martha Fineman and Michael Flood, have said the movement perpetuates negative stereotypes of women as hostile, deceptive, vindictive, and irresponsible as well as the stereotype that women are out to take advantage of men financially. Collier links such negative views of women with ideas of a crisis of masculinity within the broader men's movement, often in tandem with "virulent" anti-feminism.
Main issues
Family court system
Fathers' rights campaigners advocate for greater influence of fathers in the lives of children, especially after divorce. Sociologists Melissa Blais and Francis Dupuis-Déri have identified the fathers' rights movement as a primary gateway for recruitment into the broader men's rights movement. Fathers' rights activists argue that family law and family courts are biased against fathers, especially in regards to child custody.
Conversely, sociologist Michael Flood argues that fathers' lack of involvement with their children before separation plays a larger role in obstructing their access to children after divorce. Flood argues that some fathers' rights groups "seem more concerned with re‐establishing paternal authority and fathers' decision‐making related to their children's and ex‐partners' lives", and "have done little to foster fathers' positive involvement in children's lives". Cited in Critics of the movement argue that fathers' groups ignore actual trends in family law that seek to affirm the symbolic importance of fathers within a heteronormative family structure.
Stephen Baskerville, president of the American Coalition of Fathers and Children and fathers' rights advocate, defines court-determined custody as not a right to parent one's children but as the power to prevent the other partner from parenting. He states that the outcome of divorce is overly one-sided and is initiated by mothers in more than two-thirds of cases – especially when children are involved. He also states that divorce provides advantages for women such as automatic custody of the children and financial benefits in the form of child support payments. Members of the FR movement also state that family courts are slow to help fathers enforce their parental rights, and are expensive and time-consuming.
Baskerville has also stated that family courts are secretive, censoring and punitive towards fathers who criticize them. He also claims that employees and activists within the courts support and benefit from the separation of children from their parents and that family law today represents civil rights abuses and intrusive perversion of government power.
Others contest these conclusions, stating that family courts are biased in favor of fathers and that the lower percentage of separated fathers as custodial parents is a result of choices made by fathers rather than bias of family courts. Other writers state that fathers' rights activists incorrectly maintain that the courts are biased against fathers while in reality the vast majority of cases are settled by private agreement and fathers voluntarily relinquish primary custody of their children, which explains the lower percentage of custodial fathers; and that the "bias" of courts is in favour of the primary caregiver, not mothers per se. Collier writes that fathers' rights activists "misread the gendered nature of law's regulation of shared parenting historically". According to sociologist Michael Flood, father's rights activists have exaggerated the disparity in custody awards between mothers and fathers, and ignored the fact that in the vast majority of cases, fathers voluntarily relinquish custody of their children through private arrangements; either because they are willing to do so, or because they do not expect a favorable court ruling.
Custody and parenting
According to the BBC, "Custody law is perhaps the best-known area of men's rights activism". Psychologist Linda Nielsen writes that "much misinformation about [Joint Physical Custody] children and their parents has made its way into the media, onto the Internet, and into the hands of legislators, mental health and family court practitioners, and parents".
Fathers' rights activists call for laws creating a rebuttable presumption of 50/50 shared custody after divorce or separation, so that children would spend equal time with each parent unless there were reasons against it.
Members of the fathers' rights movement and their critics disagree about the correlation of negative developmental outcomes for children to sole custody situations. Social scientist V. C. McLoyd states that father absence covaries with other relevant family characteristics such as the lack of an income from a male adult, the absence of a second adult, and the lack of support from a second extended family system and conclude that it is the negative effects of poverty, and not the absence of a father, that result in negative developmental outcomes.
Members of the fathers' rights movement criticize the best interests of the child standard currently used in many countries for making custody decisions. Some feminist groups have stated that if shared parenting were ordered, fathers would not provide their share of the daily care for the children.
Stephen Baskerville states that shared parenting has been demonstrated to reduce parental conflict by requiring parents to cooperate and compromise, and that it is the lack of constraint by one parent resulting from the ability of that parent to exclude the other, that results in increased parental conflict. He further states that only when child support guidelines exceed true costs do parents ask for or seek to prevent changes in parenting time for financial reasons, adding that any argument that a parent is asking for increased parenting time to reduce child support is at the same time an argument that the other parent is making a profit from child support.