Gender Bias and the Judicial System

By Kathleen Flynn

Does the judicial system treat men differently than women when it comes to child custody and providing legal representation? A recent incident has made me wonder. My neighbor came home from work a month ago to find his live-in girl friend of three years gone. She had packed up all her things and left with their newborn son. He had no idea she was leaving. Being close to both of them and Godmother to their son, neither did I.

After trying to call her to no avail, he came to my door in tears asking me if I knew where she was. When she wouldn’t answer her cell phone for me, I advised him to call the Police. SJPD came out and tried calling her too but no luck. We suspected that she was at her mothers in Visalia. SJPD called the Visalia Police.

The Visalia Police finally reached the young woman who simply said, “I don’t want to live with him any more,” and the Visalia Police left it at that. SJPD let my neighbor know that it was now a civil matter, and after trying to console him a bit they left.

The next day, I made several calls and got advice on where to send him for legal assistance. Since he lost his job over this, he qualified for Legal Aid. He went down there but they refused to help him, citing not enough staff. An attorney I know who works in the Family Law Clinic had me send him to a free clinic in San Jose. After several hours wait, he had to fill out his own paperwork with very little guidance, take it down to the court, file it, and wait another ten days until the judge issued a court order.

I had him call the DA’s Office for help. Their office was very helpful and compassionate. The clerk had him come down immediately and fill out paperwork, so they could assist him. I asked the clerk why the Police didn’t put out an Amber Alert when the child was abducted. She said she didn’t know but that the mother could not leave the County with the infant without a court order. She advised that once the judge issued an order he was to bring it to them immediately so they could track her down and serve her.

Ten days later, the judge finally ordered the mother back to Santa Clara County and set a court date for September 18th. The judge knew the mother was unemployed, living with her mother — who is on drugs and on Welfare with three other children — and had abducted his child. Yet the judge refused to give him temporary custody, even though he lives with his fully-employed mother, and has the means and will to take care of his son. No visitation order before the court date was made either. The DA’s Office has spoken to the young woman to notify her that she must return immediately, but she has refused, so they are still working to locate her residence.

In the midst of all this, I have continually wondered: Would they have treated her the same way if the situation were reversed? Would Legal Aid, attorneys, authorities, the judge, and the judicial system have behaved with the same disinterest they have toward him? If he had taken the child, would they have asked her if she beat him, or beat her son, or cheated on him? I don’t believe anyone in authority would ask a woman those kinds of questions.

What do you think?

Kathleen Flynn is a professional mediator and community activist.