Protect Natural Rights of A Child and their Father
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Kids need BOTH Parents, equally! Period.
Most laws and therefore the courts presume that mothers are better caregivers or have some form of superior natural rights over offspring and therefore entitled to custody of children. This despite the fact that number of times children are born out of wedlock, through artificial insemination (IUI, IVF, egg donation etc.), surrogacy etc. and in numerous cases all costs are borne by men before-during-after conception for both mother and child.
All lawyers, judges, mediators tell you even before a case begins that the custody of the child will be given to mother irrespective of the facts of the case.This (presumed one-sided entitlement) is grossly unfair to children and their fathers.
Increasingly, married women are using this unfair entitlement to bargain for divorces, maintenance and other illicit demands if the child-father want to have or maintain any contact whatsoever. Number of times they steal household goods, common savings, valuables (including of extended family) etc. and in parallel file cases for custody. Quite often they resort to slander and defamation to tarnish a father's reputation and thereby pressurize the individual to concede to their unfair demands.
Well aware of the grossly unfair advantage (Courts/laws will unfairly give them custody), they leverage it to get whatever they want. In the process, the child's rights get violated, their innocence lost, they are denied the love/affection/nurturing/wisdom/wealth of their fathers and they are increasingly at risk of exposure to unknown strangers that their fathers cannot safe-guard or protect them from.
During the course of filing such custody cases married women seeking divorce also get unfair advantage by
- taking restraining orders on flimsy grounds or
- running away with children without the knowledge and consent of either the child or their father
- hiding the child or relocating them from one place to another or even removing them from the country itself
- threatening fathers of physical harm
- emotionally blackmailing fathers to fall in line or they will turn the child against them
All of these weird tactics are adopted just to deny any access to both children and their fathers with each other and rupture their normal relationship and ties. At best, the fathers are able get some sort of visitation rights (few hours after a gap of long periods) during or after court proceedings. This is a gross breach of child's fundamental rights to freedom and liberty as they are too small to have a voice and incapable of protesting as they are completely under mother's (and her extended family's) control and results in lost opportunities of normal childhood and bonding with their natural fathers.
This is resulting in grave consequences for small children (often at young ages of 3 years+):
- They are uprooted from their natural and secure environment
- They are forced to adapt to forced circumstances and new hostile environment at a very young age
- They are forced to learn to live without love and affection of one parent
- Their sense of security and comfort is grossly impaired
- They are forced to forget or turn away from one parent
- They are forced to live in a state of denial (unable to access parent whenever they want)
- They end up getting locked up or confined or constantly moved from one place to another
- They end up getting exposed to complete strangers or at the mercy of relatives, including potential threat of abuse (physical, emotional and sexual)
- They have to forego comforts, amenities and live in state of deprivation as there are no longer two incomes supporting their upbringing
- They may even end up losing their inheritance if one parent gets frustrated, gives up, loses hope, turns away or both parents get remarried and have off-springs from new marriages
- Their psychological impairment at such a young age makes it so much more difficult for them to grow up as normal adults or have secure wholesome relationships.
- They are served with a disadvantage at a very early age in life vis-a-vis other children/rest of their generation that they will compete with, for no fault of their own.
The custody entitlement should be equal for both fathers and mothers irrespective of a child's age. Granting an unfair advantage (Custody of minor children to mothers only) is allowing unscrupulous women to destroy the basic fabric of society, a child's normal childhood, forcing children to grow up in broken homes with psychological impairments, and blackmailing fathers. This, in turn, is resulting in grave injustice to both, small children and their fathers with small children being utilized as bargaining chips by mothers.
Parents must be obliged by courts to provide the child a family environment with presence of both and equal rights/access to both during and after court proceedings. Their (parents) personal needs are secondary once a child is brought into this world. They both need to take responsibility for their actions and be care-givers/providers for their children. One individual cannot be allowed to breach basic human and fundamental rights of the child and the other individual.
Laws and courts should proceed in custody cases with both parents on equal footing and equal rights in the spirit of justice and fair play. Their endeavor should be to make the parents reconcile or opt for shared parenting & joint custody (if the former is no longer practical) with equal rights (access/love/affection/nurturing/upbringing/wisdom and wealth), responsibilities and division of labor towards the upbringing of child. Custody should be provided to one parent if and only if the other volitionally forsakes it and this should also be open to re-examination in due course.
This will ensure fairness, protection of a child's rights and equality of sexes (Women and Men - Mothers and Fathers) from a law and justice perspective.
This petition is filed on behalf of all children and fathers caught in these impossible situations resulting in grave injustice to both.
With all due respect, this petition urges honorable courts of law and justice as well as influential leaders across nation states to pass edicts and laws in their respective courts and geographies to ensure an end to current one-sided approach of law and ensure justice and protection of human as well as fundamental rights of liberty and freedom. This is to protect our future generations and also all fathers whose children are their legacy.
Let us not forget that fathers are also human beings and have strong bonds of love, affection and attachment with their little ones. To breach and encroach on their fundamental rights due to a wrong presumption in law is a grave injustice. This needs to be urgently corrected to allow for harmonious relationships amongst the two sexes, ensure continuity of belief in the sanctity and institution of marriage and most importantly allow our next generations to grow in a wholesome family environment.
Save our little children, save our future!
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