Domestic Armageddon
by Dr. Stephen Baskerville
It is often said in men's rights circles that a war began twenty-five
years ago and only one side showed up. Today the other side is building
its arsenal, and in the age of total war we may be headed for a
holocaust. The vanguard of the new campaign is fathers, with two new
books on fathers' rights (or the lack thereof) heralding a new political
consciousness and what may well be a new civil rights movement. Both are
more than the legal self-help their covers advertise. Each contains
extensive essays on the politics of a court system whose
quasi-totalitarian power (and proclivity) to separate children from
their parents is virtually unknown except to those who become its
victims.
Jeffery Leving is an attorney who writes with the assistance of a
psychologist. Coming with the imprint of a major current affairs
publisher, his book will likely become the authoritative work for some
time. More than that, it gives a respectable imprimatur to a phenomenon
that until now has been often dismissed in the press for its religious
and working-class constituency (as in the "Million-Man March" or
"Promise Keepers"). Poignant anecdotes and surveys document the
horrifying consequences of not simply a predictable gender bias in
family courts but, much more disturbingly, the virtually absolute power
of mothers and courts to deprive children of their fathers with no
grounds whatever. Sections on custody, child support, litigation,
mediation, paternity, false accusations of abuse, along with a useful
reference section make this the most complete book on its subject to
date and one that deserves the accolades it has already received.
Yet for all its qualities, one flaw deprives this book of the power
it might otherwise have: It seems to accept the common assumption,
implicit in the oft-quoted statistics on an ever-escalating divorce
rate, that the dissolution of a family begins when two consenting adults
both agree to separate. Fathers receive the raw end of the custody deal,
one might conclude, but at least now they know what they are getting
into when they "decide" to dissolve their family.
Yet most make no such decision. The shocking statistic is not that
50% of marriages end in divorce but that some 80% are unilateral. With
between 70% and 90% initiated by women, and as much as 100% in cases
involving minor children, it is clear that we are in the midst of a
major epidemic of maternal -- and judicial -- child-snatching.
It is here that Robert Seidenberg's book is different from anything
written before. Given its local roots -- Seidenberg is head of an
Arlington, Virginia fathers' rights group (which is albeit one of the
largest in the country) - one might be tempted to dismiss it in light of
Leving's better-publicized effort. In fact Seidenberg has produced a
finely-crafted expos�of a shocking national scandal. Where Leving
attributes the forced destruction of father-child bonds to outdated
prejudice, Seidenberg insists that gender bias alone cannot account for
virtually automatic custody awards to mothers and instead sees something
akin to "racketeering." Where Leving writes entire chapters (and good
ones) on mediation, Seidenberg and his legal collaborator are more
categorical: "With the playing field slanted overwhelmingly in favor of
the mother...Mr Dawes emphatically insists that mediation is a waste of
time and money. And from what I have seen, it is hard to disagree with
him."
This is not a cynical or defeatist work. Like Leving, its title and
cover reflect the fact that it is marketed foremost as a reliable
practical guidebook for individual fathers, and it therefore has a stake
in being accurate. This makes the implicit political message all the
more explosive. Seidenberg breathlessly relates some horrific tales from
the Kafkaesque world of family courts: fathers who lose not only their
families, but their homes, jobs, and assets; men ordered to continue
support payments for children proved to be the issue of their wives'
adulterous affairs; the enterprising woman collecting child support from
two men while working on getting impregnated by a third; chapters with
headings like "Your Lawyer, Your Enemy." The result is an eye-opening
picture of a lucrative industry where lawyers are getting rich, judges
are getting promoted, and wives are getting revenge (and money) -- all
by ruining the lives of innocent children and their fathers.
With an unorthodox reordering of priorities, Seidenberg announces up
front the most startling (and least realized) facts for those faced with
the confiscation of their children: the temporary custody hearing is
"the most important event in your life for the next twenty years"
because its results are virtually irreversible; an enormous proportion
of "separations" are in fact child snatchings and kidnappings which are
generally rewarded by the courts with custody; "grounds for divorce are
of no consequence" in determining custody; family courts, far from being
"over-burdened" as they would have us believe, in fact issue lopsided
rulings favoring the most belligerent party to encourage more
litigation.
The rapacity of the legal profession is now the stuff of popular
legend. Yet it is usually assumed that lawyers exploit and profit from
family tragedy, but do not actually cause it. It is no longer possible
to believe this. The dirty secret that emerges from this book is that
courts reward child-snatching and family destruction with custody in
order to generate business.
Ignorance of this central truth leads to a plethora of
misconceptions, some of which are so thoroughly internalized even by
fathers themselves that they continue to accept them even after falling
victim to them:
It is typical for a man to believe...the media myth of the Evil Male.
While he knows that he is a great father himself, he thinks everyone
else is a deadbeat dad.
Similar ignorance and naivet�about the judicial system can have more
severe consequences that defeat fathers almost before they start and
plague them for years afterward:
Typically a father believes that the judge will give him brownie
points for not "snatching" the children (that is, doing what the wife
did) when he had the opportunity to.
When in fact precisely the opposite is invariably the case.
This brings us to the most disturbing, indeed terrifying, part of
this book: the practical recommendations. Again, the fact that it is
marketed primarily as a practical guidebook and not a political
manifesto renders the sober logic of Seidenberg's advice to the
embattled father all the more chilling. The most effective strategy for
a father, it seems, is to imitate the technique of mothers: snatch the
child; conceal the child; keep the child away from the other parent as
much as possible. "Your object is to establish for as long as possible
the pattern of being the sole caretaker for the children." This
appalling advice is exactly what lawyers have long been counseling their
female clients. In fact failure to apprise a female client of this
option (like that of making knowingly false charges of abuse) may
constitute malpractice according to some lawyers. Seidenberg evidently
takes an analogous position: "If you do not take action, your wife
will."
So, to be avuncular about it, this is what we have now come to in
America. Those of us who remember the Cold War find this reminiscent of
the nightmare scenario known as the "counterforce syndrome." This was
where the superpowers, rather than aiming at each other's populations
with the paradoxically deterrent logic of "Mutually Assured Destruction"
(MAD: also perhaps a fitting analogy with divorce litigation, men's and
women's groups can at least agree), target one another's nuclear strike
capabilities with an accuracy that begins to make a first strike look
not only logical but irresistible: the famous "race to the trigger."
This may now be the poison that is turning family discord into family
destruction, with the National Center for Missing and Exploited Children
reporting almost 1,000 parental kidnappings in this country every day.
These are still overwhelmingly maternal, but if fathers begin launching
pre-emptive strikes (perhaps after reading Seidenberg), even this
astounding figure could increase.
But I do not want to end on a note of gender militarism, much less of
"misogyny." A proportionately smaller part of the feminist campaign
involves demonstrating that women end up being exploited by unscrupulous
matrimonial lawyers (and non-custodial mothers certainly do face a
similar ordeal). Karen Winner's Divorced from Justice, among others,
does not always resist the opposite temptation to "misandry." But if we
grant their argument, perhaps it is time fathers and mothers stop
arguing over who is most victimized by the "divorce industry" and come
together to put an end to it.
Jeffery M. Leving with Kenneth A. Dachman, Fathers' Rights:
Hard-Hitting and Fair Advice for Every Father Involved in a Custody
Dispute. New York: Basic Books, 1997. ISBN 0-465-02443-2. $23.00.
Robert Seidenberg with William Dawes, The Father's Emergency Guide to
Divorce-Custody Battle: A Tour Through the Predatory World of Judges,
Lawyers, Psychologists, and Social Workers in the Subculture of Divorce.
Takoma Park: JES Books, 1997. ISBN 0-9657062-0-6. $15.00.
The
Best
Parent
is
BOTH
Parents!
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