A new study by the Universities of Warwick and Reading, funded by the Nuffield Foundation, has found that there is no evidence that the family courts in England and Wales are discriminating against fathers because of gender bias.

The authors reviewed almost 200 cases from 2011. They found that fathers made 96 per cent of all contact applications and the majority were to initiate or restart contact.

The study concluded that contact applications by fathers were ‘overwhelmingly successful’ and also that the courts showed no gender bias when deciding where children should live.

It went on to say that far from preventing contact, the courts tried to facilitate as much contact as possible even in cases where there were welfare concerns or strong opposition from older children.

The report found that regular overnight contact was ordered/allowed in almost half of all cases.

Cases where no direct contact was ordered were found in only 10 per cent of cases.

These were cases where either the non-resident parent didn’t come to court, there were serious welfare concerns or parents battling with multiple problems.

In many of these cases, the court made clear that contact would be reconsidered if circumstances changed.

Families Need Fathers acted in an advisory capacity on the study, but they strongly disagree that fathers do not experience bias in the family courts.

They say that they see the numerous challenges that fathers face in the courts to demonstrate that their children would benefit from a relationship with them.

They cite the example of the father who is unable to obtain staying contact with younger children as they are told by the courts that the children cannot be away from their mothers at these ages, but where the mother works nights or the child spends time with their grandparents overnight this is not considered an issue.

They say that the entire system of parenting in the UK is set up around the presumption that mother knows best and that when parents separate there should be a primary parent (nearly always the mother) and a secondary parent (nearly always the father).

The Children and Family Court Advisory and Support Service (Cafcass) is the voice of children in the family courts and is there to ensure that the children’s welfare is put first.

They say, ‘Cafcass wishes to help both parents to continue, after separation or divorce, to play an important role in their children’s lives, unless there is a good reason, supported by evidence, not to do so.”

They go on to clarify, ‘What those roles will be will depend on the circumstances of each case, but they will usually involve both parents having overnight contact, being involved in the child’s schooling, health issues, moral and religious education, hobbies and so on.” Cafcass appear to recognise and support both parents having a continuing role in the children’s lives.