Is there a bias against fathers?

When parents separate, both parties must compromise. This means that no one person gets everything that they want, but must engage in a process of give and take.

These changes can be uncomfortable, especially if it means that any one person ends up with less than they had before. It is cheaper to buy 2L of milk than it is to buy two 1L bottles: in the same way, when the same resources that supported a family must be spread between two separate households, it can feel like a loss.

There is an idea that has arisen that the disadvantages of separation are disproportionately paid by men and that fathers have less rights than mothers. While this is not the place to comment on the whole system of family law, I will address the idea within the context of mediation.

The first point to address is what rights fathers have to their children. The truth is that neither mothers nor fathers have any right to contact with their children: it is the children who have a right to a meaningful relationship with each parent. This is contextual and depends on whether there are any safety concerns. Mediation is focussed on what is best for the children rather than any entitlement of the parents.

Mediation is a voluntary process. The mediator is not a judge, and will not make any decisions for parents: parents come up with and negotiate on their own arrangements. No parent is obliged to accept any option that they are unhappy with.

As all of the decisions are made by the parents by their own agreement, there is no bias against any gender in mediation.

If you would like any further information on how mediation can work in your situation, please contact our office for a free fifteen minute phone consultation.