The Law Reform Commission issued a new paper on family law yesterday and needless to say it would propel us in a still more liberal direction that could only further undermine the social institution proven to be of most benefit to children, namely marriage.
The LRC – in reality one more left-wing quango – either doesn’t know or doesn’t care that you undermine the special status of marriage by parcelling out rights currently unique to it, to more and more forms of relationships. This is exactly what it recommends.
The media mainly reported on what it has to say about unmarried fathers. I believe that to date they have had too few rights. However I also believe the LRC goes too far in its recommendations. It proposes that they be given all the rights of married fathers but without requiring of them the formal commitment to both mother and child that a man makes when he gets married. This is nonsensical.
What should be supported, however, is making it much easier for unmarried fathers to become legal guardians of their children. When a father applies to court to be his child’s guardian, there should be a very strong presumption in his favour. The mother must be required to show why he would not be a fit guardian.
Applying to court shows some level of commitment on the father’s part and this should be duly acknowledged. Presuming in a man’s favour prevents mothers simply cutting the father out of his child’s life as often happens now.
The mother’s commitment to her child is, of course presumed automatically, especially in an era when – unfortunately – she can abort her child if she does want to take on the responsibilities of motherhood.
But if women show their commitment to motherhood by becoming pregnant in the first place and then by giving birth, the father has to signal his commitment in some other way, a legal way. Marriage is the traditional and the best means of him doing that.
Applying to court to be a made a guardian is the next best way of showing his commitment.
Of course what the LRC should really recommend is the promotion and strengthening of marriage because nothing commits both a mother and a father to their children better than this. But it’s not about to do that because it is so deeply in the family diversity camp.