Gold Band : Gold Standard?

Excessive Verbosity Warning. Do not go past this point unless you have at least two packs of kendall mint cake and a powerade about your person. 

[UPDATE : Office for Judicial Complaints now investigating Coleridge J – see end 5pm 15 May]

This weekend I listened to Coleridge J talk about his Marriage Foundation at the FLBA Cumberland Lodge weekend. Although Chatham House Rules apply to that event much of what was said has been widely and publicly aired by Coleridge elsewhere in recent weeks, and the material referred to is in the public domain. For those of you who want a bit of background, I have written about the Marriage Foundation before here and here.

At launch time I scoured the Marriage Foundation material for an understanding of why it was said that we should be promoting marriage specifically rather than stable relationships in general. There is a surprising lack of properly referenced evidence supporting the central tenet of the Marriage Foundation, namely that marriage is the “gold standard” through which we can stem the tide of family breakdown (unless you count quotes from Michael Winner). In the First Edition of the MF Newsletter bulleted assertions are set out in smart boxes. But there are few references and nothing that I could see of demonstrating causation rather than correlation. I think I identified the Government Survey that is cited for the proposition that “Cohabiting people are significantly less happy in their relationships than married people, and children are happier when growing up with both biological parents” – but by itself it doesn’t really help us to understand why that may be so. After a false start I tracked down the source of the following soundbite:

“All the evidence we have shows that individuals fare best, both in childhood and in later life, when they benefit from the economic and emotional investments of their natural parents who reside together continuously and cooperate in raising them.”

to a 2008 publication by David Popenoe, retired academic formerly of Rutgers State University (see footnote 15 here). Sadly that link is no longer valid so one cannot place the quote in context. But it is clear from looking at other publications by Popenoe on Amazon that his work relates to US society, in particular absent dads in inner city families and not to the UK where one suspects the sociological makeup of the population may be rather different. Out of fairness to the MF I have ordered this 2009 publication by Popenoe because I am interested to see whether my skepticism about the relevance and validity of that quote to the situation in the UK is valid (the MF material cites the quote as Popenoe 2009 so either that is wrong or the same quote is contained in the book I have bought). I will report back in due course (bearing in mind that I read about one book per annum at the moment). [Postscript – in fact I think the quote is probably from a 2009 article in Social Science and Public Policy here, and if so this does appear to survey a number of western societies including the UK.] Of course what is notable about that quote is that it is cited in support of marriage, but in fact it is supportive of co-parenting rather than the institution of marriage.

Continue Reading…

More (Bump &) Grind Required

Written betwixt Paddington and Templemeads last night…

I didn’t hear Sir Paul Coleridge on the Today programme this morning (yesterday), owing to my broken foot (I had to cadge a lift to work with my brother who is allergic to Radio 4. Sadly, I am allergic to Kiss FM but this cuts no ice).

I confess that of the “Marriage Foundation” I know only that which is available via headline – plus a short article in the Evening Standard read on the train en route back from the divorce capital. But such lack of in depth knowledge never stops anyone else from commenting on anything at all, so “What the hell”. And besides, its rude not to complain about the Standard at least once on every visit to the ol’ smoke.

Headline: “Judge: Hello! Approach is fuelling family breakdown”

Apparently, “He told BBC Radio 4’s Today programme: “In terms of the impact that family breakdown is having on society, nobody has the experience that the family judiciary have”. Pause there. NOBODY. Not the mediators, counsellors, extended family, teachers or – god forbid – the parties to divorces. Carry on.

“He insisted he was not mounting a moral campaign but wanted to set-out the facts in a “non-preachy” way”. Hold. That. Thought.

“He said he wasn’t “knocking” the magazine, but added: “I normally find the people who are in there are in my court within about a year or two.””

Pause there. Rewind. “In terms of the impact family breakdown is having on society, nobody has the experience that the family judiciary have”. Apparently limited to the experience of that portion of society that is displayed in Hello! magazine. I wonder if the experience of the District Judges is quite the same. More Coronation Street than Hello! I suspect, and most of them managing to get in a sufficient pickle to end up falling upon the judiciary without ever having said “I do”.

“We all know, all of us who have been in relationships for a long time, that the only way they are made to work and the only way they become really qualitatively good is by absolutely grinding away at it”. Pause there. Remember that not-preachy thing? Er…I could ask the vexed question of just how far one should persevere with a “difficult” relationship and when it is ok to divorce (how much grinding does one have to tolerate?) – but it’s late, I’m ill informed, and it would be more amusing to snigger at the unfortunate choice of language. Juvenile I know: but a bit of mickey taking is just as key to any healthy adult relationship… Once the kids arrive you have to find something to replace the grinding, right?

Postscript: For those who want to find out about the Marriage Foundation their website is here. There is a useful link to their first newsletter in the centre of the home page. I have previously written about this topic here.

The Daily Mail and the Moral Crusade

Sir Paul Coleridge may not be on a moral crusade but his Marriage Foundation has certainly inspired the crusading spirit in the Daily Mail (download pdf of article here: It’s down to the judges to mend our divorce laws – they trashed them in the first place By STEVE DOUGHTY if you don’t want to give google juice to the Daily Mail, but if you must see it in situ here is the link).

The Mail’s Steve Doughty has written an article with a true identity crisis. When I read the words “A judge simply cannot launch controversial political campaigns, and particularly not about matters on which she is required to give daily judgements in court.” I thought Coleridge was about to get it in the neck for sticking out his own. But in fact, whilst the judiciary in general are the villains of this piece, Coleridge himself emerges as something of a hero. Steve Doughty begins by reporting the unremarkable fact that the Law Commission is comprised of lawyers:

“Judges have taken the lead in developing family law for 20 years now. It was in the early 1990s that a judicial quango called the Law Commission, which was set up to provide ministers with advice on updating arcane areas of the law, began recommending sweeping reforms for no-fault divorce to take the tears out of family break-up.”

The Law Commission of course advises the Government about Law Reform, and as we all know is often ignored, particularly where family law is concerned. But according to Doughty this has not stopped the judiciary from having their way by hook or by crook:

“It is the judiciary, not elected politicians, who have decided that the courts should take no account of adultery or other marital misbehaviour in divorce cases.

In a business contract, a party that breaks the rules is penalised. In marriage, the most far-reaching and solemn contract anyone can make, as far as the courts are concerned the rules don’t matter.

This is why a man who has to hand over a large slice of his income to an unfaithful ex-wife who is both living with a well-off partner and denying her former husband access to his children will sometimes feel driven to dress up as Batman and stop the traffic on Tower Bridge.

It is the judges who have decided that divorce settlements must be equalised so a wife can get a bigger share of money she has not earned. It is the judges who have given legal status to the pre-nup, introducing to the law the assumption that marriage is not for life.

Shall I take it in stages? Continue Reading…