This has been a hotly debated issue for years, with lots of press coverage, from the highly publicised Fathers 4 Justice campaign to independent academic research. The Independent reported that a joint study by the University of Warwick and the University of Reading found that in nearly 200 child custody cases in 2011, fathers were in most cases “overwhelmingly successful” in their applications. The study concluded that men are not unfairly treated in family courts, and are just as likely to have applications for contact and custody approved as women.

However, the Telegraph article revealed that in around 95% of the divorce cases started in January 2016, mothers will retain custody of the children while dads will be categorised by the Child Maintenance Service as ‘the paying parent’ rather than ‘the receiving parent’. The Centre for Social Justice say that one million UK children have no significant contact with their fathers, and only 57% are still living with their dads by the time they reach 15.

The former Equal Opportunities Minister Duncan Fisher also weighed in on the issue, explaining:

“In UK law, a father can only be a father if the mother approves him. She can do this in two ways – marry him or invite him to sign the birth certificate. If neither of these happens, he is not the father until the family court approves him. A man has to be vetted by the mother or the state before he is allowed to be a father.”

So, what can we do to make divorce fairer for dads?

Obviously, changing societal attitudes to fatherhood and the often complex and well-established UK family law system is not something that can be done overnight. However, Glen Poole, the Director of Helping Men UK, has some food for thought on how divorce could be made fairer for dads:

• Give dads equal rights from birth. A man is currently only granted parental rights from birth if he is married to the new mother or his name is recorded on the birth certificate – otherwise, the father has no legal parental rights.
• Close the gap between paternal and maternal leave. Currently, dads don’t have equal opportunity to take paid parental leave in the same way as women, which can disadvantage fathers who don’t live with the mother. Campaigners are calling for better paid, longer paternal leave for dads.
• Introduce the ‘no blame’ divorce. The current system requires one partner to lay blame for the relationship failing at the other’s door, which is not something that should be happening at a time when both parents need to work together for the sake of their children.

Tracey Miller Family Law Solicitors are vastly experienced in all aspects of divorce and family law – if you need expert advice or help to understand your rights in relation to your children following a separation, get in touch.