In the UK family legal system, there is often a presumption among parents that gender bias exists in cases involving children. This belief often follows the concept that legal professionals including judges, solicitors and barristers may have their decisions in children matters influenced by the genders of the specific parties.
When looking at the law itself, it can be seen that it is formally gender-neutral and does not contain any explicit gender bias. Legal professionals are bound to act in accordance with the law and so they must also enforce this gender-neutrality. There is no starting presumption that mothers or fathers inherently make better or worse parents. Legal professionals are also expected to act without prejudice or bias towards any party and so breaches of this are uncommon.
The courts in children proceedings are primarily concerned with the welfare of the subject children. Any decision making by the court must reflect this. The use of gender bias would be against the best interest of the child and so gender should not be used as the basis of decision making.
Statistics are sometimes used to show that there is a trend in the gender of parents who become the primary carer following separation. Although a gendered trend may be present, this is likely a result of the mother often being the primary carer before the separation of the parents and this arrangement being reflected in the court’s decision. The Court often seeks to preserve existing arrangements when making decisions regarding children and so if the mother was the primary carer in the past, the court will be likely to maintain this in any child arrangement decisions. This trend often leads people to have the misconception that the family legal system is gender biased.
There are further factors that lead to the belief of gender bias. This includes the fact that fathers are not automatically granted parental responsibility unless they are included on the birth certificate or married to the mother. This can sometimes lead fathers into believing that mother are given primary responsibility in raising children despite this being a separate aspect of family law. Furthermore, agreements made between parents outside of court may contain personal or societal gender bias which could influence statistics. This bias is the responsibility of the parents themselves and does not accurately reflect the law surrounding children.
Some may claim that gender bias can still be present in the family legal system through the subtle personal bias of legal or government professionals. Certain individuals may hold a view that mothers are more nurturing than fathers based on societal norms and this belief may sometimes influence people’s perspectives subconsciously. Although this may be an important factor to consider, professionals are given training aimed at avoiding any personal prejudice and most family court decisions are well monitored and are subject of appeal which limits the impact of any personal bias.
In conclusion, although trends and perceptions of gender bias exist, family law itself does not favour any one gender. While prejudice remains an important issue, measures exist to prevent it from influencing outcomes in the legal system. When bias does occur, it can be challenged and addressed through established legal processes.
At Higgins Miller Solicitors, we recognise and understand that concerns of gender bias can make family proceedings more stressful. We provide highly rated and committed support to all of our clients regardless of their gender or position. Contact our office or view our website for further information regarding our services and how we can support you in family proceedings.