"Very many thanks for sending me a copy of your interesting and informative guide on 'even Toddlers Need Fathers'. I much appreciate your drawing my attention to it." Author of, 'Maternal Deprivation:Reassessed,' and one of the foremost authorities on children's welfare, Professor Sir Michael Rutter (March 13th. 2002).
IntroductionThis website is intended to help all those who seek to use the courts to gain access or contact with their children. In particular it is intended to help fathers who expect these courts to be independent and impartial. In fact because of research conducted by Professor Bowlby after the Second World War there is a theory, prevalent throughout the courts, which discriminates against fathers. According to the principle of 'maternal deprivation' or the 'Tender Years Theory', as it is commonly referred to in court, it is wrong to take a small child away from the mother. Whilst recognising the principle that fathers should be allowed contact with their own children, this theory is still used to justify 'court orders' which restrict 'bonding' thereby making their relationship unsustainable.
For example, the cornerstone of family law in this country is the court authority or 'precedent' set by the former Master of the Rolls Lord Donaldson in 1992,'At the risk of being told by academics hereafter that my views are contrary to well-established authority, I think that there is a rebuttable presumption of fact that the best interests of a baby are best served by being with its mother, and I stress the word 'baby'. When we are moving on to whatever age it may be appropriate to describe the baby as having become a child, different considerations may well apply. But as far as babies are concerned, the starting point is, I think, that it should be with its mother.'Although Lord Donaldson specified 'babies' the, 'principle that children should be raised by their mothers won overt backing in the Court of Appeal,' after Lord Justice Thorpe rejected a house husband's attempt to win custody of his two children. (Matt Born, The Daily Telegraph, 'Judges reject child custody for house husbands', 19th.April, 2002).
In the same year as Lord Donaldson made his precedent the 'academic' Professor Sir Michael Rutter was knighted for his work called 'Maternal Deprivation Reassessed' (Penguin, 1972) which contradicts Bowlby's research.i. Investigations have demonstrated the importance of a child's relationship with people other than his mother.In her judgment in the Court of Appeal in the author's proceedings (8th.June, 2000), Lady Justice Hale, described the difference between these two approaches in the following way;-
ii. Most important of all there has been repeated findings that many children are not damaged by deprivation.
iii. The old issue of critical periods of development and the crucial importance of early years has been re-opened and re-examined. The evidence is unequivocal that experiences at all ages have an impact.
iv. It may be the first few years do have a special importance for bond formation and social development. (page 217)15. Sir Michael qualified the original theory of maternal deprivation which had been developed by John Bowlby and expressed for popular consumption in a book called 'Child Care and the Growth of Love'. That theory was that children were damaged by separation from their mother or mother figure. Sir Michael Rutter pointed out that children were not invariably so damaged and that, in any event, other people, including their fathers, are also very important to children.As Lady Justice Hale states Bowlby's theory holds that children are 'damaged' by separation from the mother. Rutter pointed out that in reality children are not so damaged.
These two principles are not mutually compatible and according to Clare Dyer, the Guardian legal correspondent, although, 'Under the present law, mothers who defy court orders can be jailed for contempt the power is rarely used because judges are loath to deprive small children of their mothers.' ('New law may boost rights for fathers', 29th.October, 2001). Whether it is called 'maternal deprivation' or the 'Tender Years Theory', it is still the view of the former Master of the Rolls, who is the most senior judge with civil responsibilities, which prevails.
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