UK Family Law Reform

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The recent history of matrimonial and family law shows that the most significant changes, which affect the outcomes of cases, have been introduced, not by Parliament, but by case law of the senior judges, and which go against the equitable principles laid down by Parliament in the written laws.

The principles currently applied are not those that Parliament, or the public have accepted. They include ‘no-fault divorce’ and the ‘children’s interests paramount’ principles, compounded with policies of mother-priority in custody, and enforced payment of child maintenance which is not based on need and is entirely unaccountable. The former principle is responsible for deep-seated injustices against innocent men, and the latter, while appearing to be reasonable, in reality, results in capable fathers losing control of their children’s upbringing at the discretion of a judge. The state effectively supports these processes through the priority provision of legal aid to women.

Outcomes in typical cases illustrate deep-seated injustices. They show massive inequalities in outcomes so far as children, life savings, home, and future income are concerned.

Problems caused are across a spectrum of issues : the separation of innocent men from their children, serious financial burdens, the prohibitive costs of ongoing legal action, the effect of deepseated injustices, and the lack of support for marriage and for well-behaved individuals in marriage.

Human rights violations against innocent men are clearly taking place in about 100,000 cases each year. Current social conditions, with about 30% of children largely without the protection of their natural fathers, and experiencing their mothers having multiple partners, are commonplace.

Current practices in the formulation of law and policy, and those responsible, are reasonably described as degenerate, and under the control of un-elected and un-representative select groups.

Judges are deeply involved in the law-making process, as well as acting as the law-enforcers, and are therefore in a dictatorial position. Parliament and the public are not represented in the debates, which are dominated by lawyers, social scientists, and those with specific agendas especially feminists.

The lack of control mechanisms, lack of public involvement has been adequately demonstrated within many recent initiatives. Submissions to supposedly responsible authorities, and applications under human rights laws, are being deliberately obstructed, and have provided no remedies.

To restore control, we recommend that the people’s representatives in Parliament assert their authority over those responsible for the present situation. A constitutional issue has arisen, about who controls the law. Parliamentary laws are required to be introduced that will : allow individuals to know their rights and responsibilities before commitment; prohibit judges’ discretion to vary those rights, with written law that anyone may understand; remove the degenerate principles currently applied, and base law on essential ethical principles, that provide support for marriage, for the individual’s rights, and for justice; ensure that the people and court users, and those without agendas, will control law and policy; provide feedback from court users, and publish findings and remedies; ensure that the victims of the present corruption and degeneracy are compensated, and that those responsible will be brought to justice; establish bodies, e.g. sub-committees of a Family Justice Council, with terms or reference to implement these remedies.

Preface

Introducing this report

The focus of this report is the decline of matrimonial and family law into a state of degeneracy, and how it may be restored to serve the people of the UK.

To appreciate the need for, and what will be required to ensure, full restoration, it is necessary to understand several aspects. These include :

1. the historical background in law, since 1948 when the degeneracy started

2. major principles currently applied

3. outcomes for the parties in typical cases

4. the problems caused for the parties and for society

5. formulation of law and policy, and those who have been responsible

6. the lack of effective control mechanisms, including public and Parliamentary involvement.

An understanding of these issues allows us to determine :

7. what is required to be done for restoration of control by the public and Parliament, including the introduction of essential ethical principles on which law and policy is based.

Our aim is to provide an overview of this subject, while keeping this report as brief as possible. We do this by presenting our evidence and more detailed argument in other referenced reports, which are available in hardcopy form and on the Internet. This report is itself available on the Internet at

http://www.c-g.org.uk/publics/rcomfl/report.htm.

Join us in campaigning for equality and justice.

http://uk.groups.yahoo.com/group/ukfamilylawreform/