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Topics · 03 · Family law

The paper wall.

Contact with your child is a human right, Article 8, and this page shows exactly where the paper meets the wall: the court convictions by name and number, the statistics that would settle the bias question and mostly do not exist, the shared-care evidence, and the reform record with its reversals carried in full. The claims we refuse to make are at the bottom, starting with the one our own red team banned.

How to read this page: court cases carry their application numbers and link to the judgments. Formally neutral law is the starting point, not the dispute. The dispute is enforcement, and enforcement is measurable.

Art. 8the human right to family life, and the convictions for failing it
By nameevery judgment cited with its application number
60 studiesthe shared-care outcome literature, caveats included
Unpublishedcourt outcomes by parent sex, in country after country
§01

The convictions

Not opinions: judgments. The Strasbourg court holds states to a positive obligation to actually enforce contact between a child and a parent, and it convicts them, by name, when the machinery is slow enough to decide the case by itself. Every case below links to the judgment.

§02

The missing number

What gets published is where children live, from household surveys. What almost never gets published is how courts decide, by parent. Here is exactly what exists, country by country, so the gap is provable and not just asserted.

§03

The evidence on shared care

The outcome literature, with its true size: the shared-care advantage is consistent but small, the samples skew resourceful, and we say both parts out loud.

§04

The reform record, both directions

Belgium and Kentucky legislated toward shared care and kept it. Australia legislated toward it and repealed it in 2023. England and Wales announced a repeal of their involvement presumption in 2025. A page that hides the reversals deserves to lose; here they are.

§05

The Nordic core

Home ground: what Norway's Supreme Court confirmed in 2024, what the only enforcement tool actually is, and which of the commission's 35 proposals aim at exactly this.

§06

Checked, and we refuse to claim it

The fathers-rights claims that circulate and fail verification, including the one our own red team banned on day one: courts are biased against fathers, stated as motive. What survives checking is stronger than what we refuse.

  • Family courts are biased against fathers, and the Strasbourg case law proves it. Banned motive claim and the case law does not support it. Every verified conviction (Kuppinger, Ribic, Strumia, Improta, Terna) rests on the state's failure to enforce contact swiftly and effectively under Article 8 positive obligations; no judgment in this line contains a finding of judicial bias against fathers. Where a discrimination complaint was actually raised alongside the enforcement complaint (Terna v. Italy, Article 14), the Court rejected it while still finding the enforcement violation. The provable line is enforcement failure, not motive.
  • Mothers win about 90 percent of custody cases because judges discriminate. Unverifiable as stated. Figures of this kind conflate all residence arrangements (the large majority agreed by parents without adjudication) with the small contested fraction decided by courts. Most states do not publish contested-case outcome statistics broken down by parent sex, which is exactly the statistics gap the page documents; the ECtHR's own tables likewise publish no breakdown by applicant sex or case sub-type. A percentage that cannot be traced to published adjudicated-outcome data cannot be carried.
  • Parental alienation is a recognized diagnosis, endorsed by the WHO and by the European Court of Human Rights. Fails on both limbs. WHO removed 'parental alienation' as an index term from ICD-11 in 2020, stating its inclusion for coding purposes 'will not contribute to valid or meaningful health statistics', and Parental Alienation Syndrome was not included in DSM-5. The ECtHR contact-enforcement judgments do not endorse any diagnosis; they hold states to enforcement obligations regardless of the label put on the obstruction. Third-party PDFs that headline Kuppinger as a 'parental alienation' ruling are advocacy framing, not the Court's language.
  • Equal shared parenting presumptions are the settled international direction of reform. The reform record cuts both ways and the reversals must be carried. Australia repealed its presumption of equal shared parental responsibility (section 61DA, Family Law Act 1975) through the Family Law Amendment Act 2023, in force 6 May 2024. In England and Wales the government announced on 22 October 2025 the repeal of the parental involvement presumption in section 1(2A) of the Children Act 1989, with the repeal proceeding in legislation. A trend claim that omits these two reversals fails verification and would be the page's weakest point under attack.
  • Strasbourg requires states to give fathers 50/50 shared custody or a presumption of equal time. No ECtHR judgment holds this. The Article 8 obligation verified in this line of cases is procedural and remedial: decide contact disputes swiftly, then enforce whatever the domestic courts ordered with adequate and effective measures, adequacy being judged by swiftness (Kuppinger paras 101-103, citing Hokkanen and Ignaccolo-Zenide). The substance of custody and time allocation stays within the state's margin of appreciation, and the same standard has been applied for mothers and a grandmother (Ignaccolo-Zenide, Terna).
  • Mothers win 90 per cent of custody cases Unverifiable and misleading. No jurisdiction examined (Norway, Denmark, Sweden, England and Wales) publishes court decision outcomes by parent sex. The 80 to 90 per cent style figures in circulation come from household surveys of where children live (SSB, SCB and equivalents), which overwhelmingly record private agreements that no court ever decided. Citing residence shares as court outcomes is exactly the conflation the page's statistics-gap argument exists to avoid.
  • Parental alienation syndrome is a recognised diagnosis Fails verification. WHO removed parental alienation from the ICD-11 index in 2020, describing it as a judicial term whose inclusion would not contribute to valid health statistics, and it is not in DSM-5. Presenting it as settled medical science is an easy takedown and would contaminate the page's credibility. The observable phenomenon (contact refusal, enforcement failure) can be described without the contested diagnostic label.
  • Shared parenting presumptions are proven to benefit children The causal claim fails on two grounds. First, the outcome literature shows small associations (d = 0.109 across 19 studies in Baude et al. 2016) confounded by selection: families who choose shared care have more money and less conflict. Second, the legislative record cuts the other way: Australia repealed its equal shared parental responsibility presumption (in force 6 May 2024) after it was misread as a right to equal time, and England and Wales announced repeal of the parental involvement presumption on 22 October 2025. A page that hides these reversals gets destroyed by anyone who knows them.
  • Courts routinely deny fathers contact Contradicted where case files have been studied. The MoJ 2025 review found the most likely outcome of child arrangements cases in England and Wales was some form of involvement with both parents, generally unsupervised and face-to-face, and Harding and Newnham 2015 found fathers' contact applications overwhelmingly successful. The provable grievance is different and stronger: orders are made but compliance is weakly enforced, which is what the ECtHR convictions (Hokkanen, Ribic, Kuppinger) establish.
  • Australia's 2006 reform gave fathers equal time, and it worked until it was taken away. Section 61DA presumed equal shared parental responsibility, meaning decision-making, never equal time; section 65DAA only required courts to consider equal time. The repeal record shows the equal-time misreading was itself part of the problem: the ALRC found the framework confusing, repetitive and commonly misunderstood, and that misunderstanding is among the stated reasons Parliament repealed it effective 6 May 2024. Citing the 2006 reform as a shared-care success without carrying the 2023 repeal fails verification and would be indefensible under attack.
  • Research proves shared custody causes better outcomes for children. Causal overclaim. Every population comparison is observational: Nielsen's own abstract says JPC is 'linked to' better outcomes; Bergstrom's team states its design is cross-sectional and calls for longitudinal studies; Steinbach (2019) warns that self-selected, high-resource, low-conflict families dominate the samples and that the risks and benefits are not clear yet. The pooled effect is also small (d = 0.109 in Baude et al. 2016). The defensible sentence is: where studied, children in shared care do as well or better, as an association, with a small average effect.
  • Scandinavia gives separated fathers 50/50 by default; Denmark proves it. False for Denmark. Shared residence (delt bopael) exists since 2019 only by parental agreement, can be revoked unilaterally, and per the peer-reviewed record 'cannot be established in court' (Sandberg 2023, Frontiers in Psychology). Danish courts can order joint legal custody, not equal living time. Denmark's growth in equal living arrangements (15 percent in 2009 to 41 percent in 2021) came overwhelmingly through private agreements, not court-imposed defaults.
  • England and Wales has already repealed the parental involvement presumption. Not yet true as of August 2026, so the page must say 'is repealing'. The government announced the repeal on 22 October 2025 and it sits as Clause 17 of the Courts and Tribunals Bill, which was still in Public Bill Committee on 23 April 2026; section 1(2A) Children Act 1989 remains in force until Royal Assent and commencement. Separately, framing this repeal as anti-father overreach fails verification: the MoJ review that drove it found unsupervised direct contact was the most likely order even in risk-of-harm cases, which undercuts the claim that English courts systematically exclude parents.
  • Fatherlessness causes 63 percent of youth suicides (and the related percentage memes about runaways, dropouts and prisoners). No traceable primary source. The figures circulate attributed to US federal agencies but cannot be located in any federal publication or peer-reviewed study, and no peer-reviewed work assigns a causal share of suicides to father absence; suicide is multicausal. Fails the campaign's rule that every figure needs a FACTS.md row and register entry.

If the courts are neutral, publishing the statistics costs nothing. That is the whole ask, and nobody will publish them.

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