About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

10 Griffith L. Rev. 124 (2001)
'As Everybody Knows': Countering Myths of Gender Bias in Family Law

handle is hein.journals/griffith10 and id is 128 raw text is: 'As EVERYBODY KNOWS' Countering Myths of Gender Bias in Family Law Angela Melville and Rosemary Hunter* According to certain media commentators, supporters of the men's movement, and even some family lawyers, 'everybody knows' that family law is biased against men. This article draws upon empirical research which shows that the incidence of domestic violence in Family Court cases is relatively high, and that women are often reluctant to take out a domestic violence protection order even if domestic violence has occurred. Despite the, high incidence of domestic violence, the Family Court generally supports men having contact with their children and, rather than the Family Court being biased towards women, the very opposite sometimes occurs. It would appear that what 'everybody knows' are a number of myths that can be located within a broader backlash against feminism, and that these myths fail to stand up to empirical testing. Introduction The title of this article is taken from a comment made by Bettina Arndt, contributor to the Sydney Morning Herald and other publications, and well- known advocate of the Australian men's movement. Arndt had accused the Family Court of discriminating against men, so that their feelings of frustration and anger triggered acts of violence. She then denied that she was inciting violence in the Family Court, arguing that: 'Everybody knows that in the majority of cases where violence does erupt it's over denial of access.' Arndt's use of the phrase 'everybody knows' warrants closer scrutiny. This phrase is used to make claims that women routinely deny contact to the fathers of their children following separation, and that family law and the Family Court are biased against men. These claims apparently appeal to 'common sense' and gloss over the fact that they lack any empirical basis. They are often given credibility without the critical attention that they deserve, and this acceptance has the potential to cause very real harm. As Kaye and Tolmie explain: Angela Melville is a Researcher in the Law Faculty at the University of Newcastle, and Professor Rosemary Hunter is the Director of the Socio-Legal Research Centre at Griffith University. This article draws upon research conducted by the Justice Research Centre, and funded by the Commonwealth Attorney- General's Department and the Department of Finance and Administration. However, the views expressed herein are those of the authors alone. Vogel (1996).

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most