The law should protect the rights of those who have done no substantive wrong, and should not destroy them. The fact that this area involves control over children, and subsequently life savings, contributes to the geatest violation of (mainly father's) human rights in the UK.
Family law currently contains 2 principles which have no place in the family laws of a civilised society. These principles are :
– 'no-fault' divorce
– the child's best interests.
The first is easily recognised as contributing to injustices in divorce/child custody etc.
The second is an insidious principle, easily accepted by a gullible public as being appropriate. It is no such thing. The inclusion of this principle in family law (Children Act 1989 etc) allows judges, indeed mandates judges, to take control of children from perfectly good and decent parents, overwhelmingly the father. No one should be allowed, in a civilised society, to take control or direct the upbringing of a child from a parent who has done nothing wrong. The rights of an unimpeschable parent should be protected by the courts, not removed. This principle is probably the most evil intrusion into people's lives of any in UK law, in any part of the law. When people whp have done no substantive wrong are persecuted, as they are under this principle, we can say that the law has degenerated into utter evil.