Friday 15 July 2011

28. Meyer Elkin, 1987; Joint Custody: Affirming that parents and families are forever


Dr Elkin writes for the (American) National Association of Social Workers, and supports joint custody arrangements in 1987; two years before the judicial interpretation of the 1989 Children Act translated to a general suppression of shared residence arrangements in the UK.


Dr Elkin lists the following ‘fallacious assumptions underlying sole custody determinations’:

  • There is a mother hood instinct that makes women better and more qualified than men to rear children
  • The nuclear family is best suited to rear children
  • A parent who has a paramour is not  fit parent
  • If parents are unable to agree during marriage, they will agree after divorce
  • Divorce is bad for children
  • Younger children are more affected than older children by divorce
  • Children need a mother more than a father
  • Fathers stop seeing their because these fathers are irresponsible and do not care
  • A child reared by a homosexual will become a homosexual; so a homosexual should be denied custody
  • People do not change
  • Divorced persons are incapable of developing a decent relationship with each other
  • Fathers request joint custody as part of a strategy to obtain sole custody eventually
  • If parents really cared about their children, they would not get a divorce
  • Judges and attorneys know what is best for children
  • Mental health professionals, as well as judges and attorneys, can predict human behaviour
  • There is no evidence that joint custody works
  • Sole custody gives the child continuity and stability
  • Two homes do not provide continuity and stability
  • Joint custody makes it easier for the children to be used as pawns
  • Joint custody forces parents to see each other
  • Joint custody means a 50/50 arrangement with children
  • The adversarial system is the best approach to determining custody