Tuesday 30 November 2010

Daveyone's World4Justice:2010 Review!


Almost a year since I declared 2010 as World4Justice year I thought this would be a good opportunity to see how things have progressed in that year as we reach its conclusion. I did not think there would have been any major signs of reform even back then but there have been some significant moves in the right direction. (Click on original blog title for more)




I was delighted to receive a correspondents from Glenn Sacks and his fabulous Fathers and Families organisation telling me the highlights of what they have achieved and their appreciation to my contribution for their call for Parental Alienation Syndrome to become a recognised syndrome and along with other reports from psychiatrist and child welfare bodies it has now become recognised and is destined for the legislator some day soon.
I was also delighted that John Hemming (Lib-Dem) M.P. for Yardley Birmingham within the Coalition Government, tipped me off about the Ministry of Justice call for eveidence and subsequent review that will conclude in about one year from now. The call required 2 questionnaires to be completed one brief, one more intensive and I was struck by the quality of questions including the final one which was what questions did we feel they should have asked and I highlighted the plight of the many thousands of fathers who commit suicide each year because of the effects Family law CSA and other related influences have on their lives. I also submitted my blogs and other submissions and been invited to contribute more now after the 30th September 2010 deadline and in turn they will keep me updated with the developments as the review progresses. I am aware of many campaigners who are not convinced by this review describing it as a fudge or white wash and I too have my reservations knowing that it is this Governments motivation to make cost savings throughout all departments rather then the quest for justice as we have all been campaigning for for many years, but nonetheless I urge that we give this a chance and keep it high on the political agenda via your own MP and in the media, I am not sure the impending NFFJ protest on Chairman Lord Justice Wall's home will have the desired effect as he is the one person from both the Houses of Parliament that is at least doing something about this and we should give him and his team all the support and information they need. (Keep focused Guys!)


I am pleased with the International awareness campaign I have pushed on Facebook and elsewhere and the number of people affected and who have come forward with interesting and complimentry feedback from the Washington DC campaigners,to Dadsonair in Australia ( Not forgetting Ken Thompson's one man crusade for justice from Melbourne to the Hague Courts for human rights!) the PAS campaign spearheaded in Singapore to the 3 musketeers in New Zealand my great concern for the Canadian system and the recent but just as significant advice from South America and South Africa. Maybe our Review here in London will influence other countries to follow suit even if it is on the same cost cutting premise. If it gets the justice we crave then so be it!

Finally, and referring back to our RFFJ friends, I am reminded of my wife and I travelling to Canterbury last year in support of the 'Fathers are for life not just Christmas campaign' aimed at the Archbishop of Canterbury who seemed more preoccupied at the time on how the BBC purveyed the image of the Church when perhaps if the religious leaders from all faiths in this country and beyond put their efforts into resolving the Family Law injustices then perhaps their reputations would preceded them as this still remains a powerful message everyone should consider when giving gifts (or not) to their Dad this Christmas!

Thursday 28 October 2010

Daveyone is ONE!

happy birthday banner Pictures, Images and Photos
Well not quite but today marks the first anniversary of my original blog and as well as reproducing my very first blog I thought this would be a good time to annalise what has happened in that year via my Campaigning blog which you can view if you click the above title* and my Political blog here :
http://world4justice.wordpress.com/
It is sad that the motivation for this is more from a Government seeking cost savings and cutbacks rather then the pursuit of Justice, I would say however, that both questionnaires did ask all the right questions, including the last question (30) which was what question should they have asked. All my answers can be found on my campaigning blog but the answer I gave to this was what about all the suicides this appalling law and its associated organisations have caused which runs into hundreds of thousands a year worldwide and I would invite you to view the video on my 'Lest we forget in 2010' Political blog.

I am reassured that some of the first steps has been to disband CSA and CAFCASS something I have petitioned for for some while. I believe this review will ensure a more open court using safe guards such as Child A, Child B or Family XYZ in particularly sensitive cases, but better still I would call for a reform of the workings of social services with the immediate withdrawal from Family Law cases where children who have not been deemed at risk, suddenly empowers a parent (most often mothers ) to abuse this for their own ends.

I am also dismayed at the latest revelations of the Baby Peter Connelly story;
http://www.talktalk.co.uk/news/pa/uknews/2010/10/26/report-reveals-baby-p-case-details.htmlI would call upon the Children's Secretary Micheal Gove to separate the schools from the social services portfolio and above all to make a full review of OFSTED that oversees both Schools and Social Services and a top to tail review of the working practises for all Social workers, managers and other child welfare officials who's over stretched and ultimately incompetent departments are costing children's lives, disjointing normal family relationships and ultimately braking society!


The one campaign above all I have taken to heart in recent months is Parental Alienation Awareness, having contacted friends in Singapore, Australia and from New York to Texas in the USA we share an empathy for what I can only describe, as I entre my 38th month, as a living bereavement and can only applaud Glenn Sack's report http://www.fathersandfamilies.org/?p=8632 that US authorities who now recognise this as a serious condition and one thing all of us who endure this nightmare is that it is child abuse (why would you want to impose years of regret on your own children?) and should be outlawed along with false allegations NOW!


Children are our future,invest in them wisely!
First published Thursday 29th October 2009
http://daveyonefamilylawman.blogspot.com/2009/10/children-are-our-futureinvest-in-them.html


Whenever I see that young face in a blue jumper looking up from the newspaper, I see two small milk teeth and realise he never had a chance to grow a full set, and just wonder how many of his 440 days of life those eyes did NOT cry?
Baby Peter was murdered, what part of that does Lord Justice Hughes not understand? The 3 people Peter had no alternative but to put his 'trust' in, as he surely could not run to another family member or a neighbour or even phone Childline, as they were 'responsible' for his care but they betrayed that trust with systematic torture and abuse, not a fall down the stairs or walk into a door!
As any parent will tell you if your child cry's out, even if you think they are joshing, you still take the time to make sure they are OK! So how on earth can this poor innocent soul sustain 50+ injuries and so called professionals could not spot one with the same number of visits as he had injuries? So to this end I believe Sharon Shoesmith who was ultimately responsible should not be windging about a loss of her lucrative job, she should be thanking her lucky stars she is not being prosecuted for neglect and dereliction of duty as I surely would if, at the wheel of a 40 to truck. I ploughed into a car killing the occupants and whilst my momentary lapse of concentration also would show no intent, as in this case, I would still expect to receive a 6 to 24 month sentence!
Sadly this story is only the most tragic tip of a far deeper failure affecting Social Services throughout the land and this poor system touches every council to a varying degree and whilst Ed Balls is content to make cut backs on Education on the one hand, he will throw in the region of £800,000 at each council just to employ more social workers into the failed system rather then the reform of working practice he assured us of in the wake of the Baby Peter, Victoria Climbe and Khyra Ishaq horror stories besides the ones that never make the National headlines!
It should also be noted that Family Law Court Judges rely too heavily in my view (and many others) on reports from this self same industry of incompetence so children are going into care on the first visit (unlike Peter) just because a neighbour has complained of a dog barking in the house nearby, and whilst cruelty was never proved the small daughter has been lost in the irreversible, it seems, system ('Jenny' on the south coast). The judge never makes a judgement as they cannot enforce their own court orders anyway but they have become and administrative extension to this appalling law. It should also be noted that OFSTED gave Haringay Council a clean bill of health the week Baby Peter died but, but had to back track very rapidly with a damming report soon afterwards;


HOW MUCH LONGER WILL THIS BE ALLOWED TO CONTINUE?

My inaugural blog on this subject is dedicated to my friend the late Ian Mackay who supported me as a McKenzie friend when the money ran out in my case, and worked so hard to see a change in this failure of a system, He is the first person to speak in the following film.





I would also like to take this opportunity to thank my friends at Antimisandry.com who instantly reproduce this blog on their site and to date has proved my most successful in the form of recorded hits though some way behind my mentor Guido Fawkes and I would thank Percy from Hobart, Outdoors from Canada and Marx here in the UK among others for their encouragement. http://antimisandry.com/justice4children/The injustices I have witnessed first hand in Family Court for me epitomises all that is worst in inequality and antimisandry.com seek to redress the balance and equality in parenting as well as other aspects of everyday life. (* AM readers click on 'my blog' bottom left to be directed to more on this) http://www.daveyonefamilylawmanblogspotcom.socialgo.com/magazine/read/progress-international_325.html

Saturday 23 October 2010

From Fudge to Fruitcake?


Lawyers to be kept out of divorce battles!

My first reaction when these 2 items slammed on to Davey's newsdesk this morning was has the world gone mad? Is it possible this Government may just be getting a few things RIGHT? I am grateful to RFFJ for alerting me to these stories and much more. (click on original blog title for more of RFFJ)


Lawyers will be kept out of thousands of family dispute cases every year in a shake-up of divorce laws.

By Nick Collins Telegraph
18 Oct 2010
A government review is to recommend the introduction of a compulsory mediation stage before any financial or custodial dispute is heard in court.

The plan, to be published at the start of next year, will also introduce briefer and simpler hearings for cases that cannot be resolved by mediation.

David Norgrove, who is leading the review, described the "tremendous strain" being put on the current system by the rising number of disputes coming before the courts.

The number of divorce cases rose 16 per cent to 137,000 last year, with the average childcare case taking more than 12 months to be completed.

It is hoped that the new mediation stage will reduce legal aid costs by up to £100 million, while fewer expert witnesses would be required to testify before the courts.

Mr Norgrove told The Times the family justice system costs more than £1.6 billion, but that nine in every ten cases could be dealt with out of court.

He said evidence showed that: "If you can get both parties to learn about mediation, the great majority will go on to use it."



Sir Nicholas Wall, the most senior judge in England and Wales, said the system should be made "less adversarial" as he attacked selfish parents for failing to consider their children's wellbeing.

Under the new system, couples could be forced to take parenting classes as well as being referred to mediators, with court rooms acting as a last resort.

Judges would also be able to advise parents early into legal proceedings what the likely outcome would be, in an effort to force through an agreement and avoid long and expensive cases.

As we have always said money is the driving force here and it is only thanks to this Coalition Government seeking cut-backs that finally justice may actually be WON!

Child Maintenance and Enforcement Commission to be scrapped!

(Thats CSA to you and me!)

The government has announced this morning that the Child Maintenance and Enforcement Commission (CMEC) is among 192 quangos that are to be scrapped.

Specific details of what will replace CMEC have not yet been announced, only that it will be brought under more direct Ministerial control as an executive agency of the Department of Work and Pensions who will have responsibility for its functions. The government intends to introduce a Public Bodies Bill that will enable the reforms to be implemented.

The Commission formally replaced the Child Support Agency (CSA) last year and has the responsibility for the child maintenance system in Great Britain. The CSA had been beset with problems which led to its demise. In June 2006, the National Audit Office revealed that it cost the CSA 70p to collect every pound of child support and £3.5bn in payments had not been collected since 1993.


The government also confirmed that the Human Fertilisation and Embryology Authority is to be scrapped by the end of the current Parliament and its functions will be transferred to other regulators.

As previously announced, the Legal Services Commission is to be abolished and its functions moved to the Ministry of Justice. The Legal Services Ombudsman, which oversees the handling of complaints about lawyers in England and Wales, is also to be completely abolished by 2011.

Non-Departmental Public Bodies to be retained on the grounds that they perform a technical function which should remain independent of the government include the Family Justice Council, the Family Procedure Rule Committee, the Law Commission of England and Wales and the Legal Services Board.

However there is still some doubt over the future of Cafcass pending the outcome of the Family Justice Review Panel which is due to produce their report on the family justice system in 2011. Also under still under consideration is the Office of the Children's Commissioner which is subject to a formal review to be finalised by the end of November.

At time of going to press Davey is of the understanding that CAFCASS is to be disbanded and all I would say to those prospective redundent Court reporters is I hope you endure just 10% of the misery and heartache you and your appalling service have inflicted on parents and more importantly the children you were supposed to have served over the past 10 years!


Monday 11 October 2010

Parental Alienation Awareness : Worldwide!


Focus on Singapore!
Wee Cheng
is the first friend I came across when I became one of the 500 million community on Facebook and his heart rendering story has been played out to me almost on a daily basis. I have never met Wee, who lives 1000,s of miles away, but I feel strongly for this honourable, honest and above all caring and devoted father who appears to have been alienated from his son Adriel for the past 6 months by the State and wonder if the Government and law makers in Singapore could show a lead in this global failure and help reunite Wee Cheng with his son as early as this week and show those of us across the world the way of reforming these atrocious laws. As I was in mid flow on this blog and searching for more eloquent ways to describe my friend I referred back to the aforementioned Social Network and low and behold only 12 minutes earlier another friend had posted this rare but valuable reminder that this goes on everyday throughout the world, which for me along with the you tube featured toward the end of the blog epitomises the cruelty that is Parental Alienation which most right minded people now recognise as child abuse or even state sponsored kidnapping!!

This is a sad state of affairs that unfortunately plays out all across America each and every day. Good, fit, willing fathers like Dr. Wardner should not have to spend hundreds of thousands of dollars in order to share equally in what is the true best interest of our children, both parents sharing equally in their lives.

If this mothe...r has in fact willfully and deliberately alienated these children from their father, she should be imprisoned for the crime of child abuse and custody of these children should be changed to the father, as studies prove, the father is far more willing to share equally in custody matters than the mother.

Furthermore, if attorney Richard J D'Amico or any other organization was complicit in these acts of child abuse, he should be disbarred and imprisoned as well. There should be no leniency shown for those who abuse our children.

JUSTICE IS COMING!!!

Donald Tenn
Fathers 4 Justice
http://www.msnbc.msn.com/id/39412789?ocid=twitter



http://www.facebook.com/?ref=home#!/event.php?eid=157041714327784


http://www.youtube.com/watch?v=-rxiXGYMicM


http://www.daveyonefamilylawmanblogspotcom.socialgo.com/magazine/read/do-they-look-like-extremists-cassandra_192.html (click on original blog title for more)

Saturday 9 October 2010

What happens to dads (and Grandparents) after a split?

Recent research shows that when a marriage ends, most fathers are left without the family home or primary care of the children. Men who feel they were mistreated by the system tell their stories to KATE HOLMQUIST

EVERY NIGHT before he goes to sleep, Joe, a separated father, looks at a picture of his children on his computer screen and tells them he loves them.

When Tom’s marriage broke up, he slept in his car near the family home because he wanted to be close by in case something happened to the children.

Cathal weeps when he speaks of how he came home from hospital after being stabbed by his wife to find his house emptied of “everything” – including his children. His wife had left a solicitor’s letter on the counter accusing him of being mentally ill and telling him she wanted a divorce.

All three men have struggled for years in the courts to gain access to their children and believe that they should have been made primary carers, in their children’s best interests. They tell of being so alienated from their children by their ex-wives, they’ve had to watch their children’s first holy communions and confirmations from the back of the church. They speak of telling social workers about their ex-wives’ abusive behaviour and of not being believed.

“I was really, really depressed before the separation, sleeping in the back sitting room. You weren’t walking on eggshells, you were walking on razor blades,” says Cathal, who showed The Irish Times an extensive psychiatrist’s report that declares him under stress due to the separation, but well mentally otherwise.

“I know men who killed themselves because they lost contact with their children,” says Declan Keaveney, a retired garda who spent €50,000 fighting through the courts to be made primary carer of his two children and even contemplated suicide himself. He eventually succeeded in becoming primary carer.“Men have no voice – we have nothing,” he says.

Keaveney, who is now is a volunteer with Amen, a support group for male victims of domestic abuse. He listens on a daily basis to men driven to the edge by rancorous separation wars in which children are often used as ammunition. “Parental alienation syndrome”, where one parent turns the children against another, is common, he says.

A report by One Family, an advocacy group for one-parent families, finds some fathers who, despite contact orders, are refused contact with their children by their wives and cannot get the HSE to intervene and enforce their rights.

Court delays also mean fathers can go months without seeing their children. One father says he “just gave up because it was too stressful . . . [my ex-wife] was on legal aid and I had a private solicitor which cost a lot of money and I just gave up”.

There is “no deliberate bias” against men in the family law courts, believes Anne Egan, a researcher who sat in on 158 in camera cases (where cases are heard in private) for her PhD, though the court “reinforces stereotypical views” that children need to be with their mother as primary carer – the result in 88 per cent of cases.

Another PhD researcher, Róisín O’Shea, found only 2.23 per cent of 493 cases had the children living with their father. While many fathers asked for 50/50 living arrangements, O’Shea saw this ordered by the court in just two cases.

Egan, who also interviewed fathers, says most accepted the mother as primary carer, but “they would have liked more contact rather than specific times and dates”. These fathers missed the daily informal involvement with their children over breakfast, the school run or even just a few minutes in the evening to hear about a child’s day.

The second major complaint was being left out of decision-making. “Most were not happy with the situation but it was working for them,” she says.

If a father wants to be primary carer, “it’s not always fair. There’s a battle royale if you are acting for a father,” says Marion Campbell, a private family law solicitor who has been dealing with separation cases since 1981, when she started her career in the legal aid board.

Due to the recession, a growing number of men have become stay-at-home fathers whose wives work full-time. It’s often the wife who wants to separate, yet if the father wants to remain in the home as primary carer, he needs maintenance paid by the wife and her agreement to leave the family home, which is practically unheard of (O’Shea’s study found not one case of fathers receiving maintenance).

Jobless and rejected men may have no choice but to move home to their parents’ house, Campbell says. Would a stay-at-home mother be asked to leave her house with no maintenance and limited access to her children because her husband wanted a separation? The question just doesn’t arise, Campbell points out.

Another unfair perception is that men are not physically assaulted by their wives, she adds. “I’ve come across a lot of cases, but women are much stronger and more proactive in issuing proceedings. Men bury their heads and come in at the last minute and quite a number are upset because they don’t want the separation,” says Campbell.

ONE FATHER WHO WAS physically abused says he never told anyone because “it’s embarrassing”. When parents fight in court over property and children, lawyers’ briefcases heave with psychiatrists’ and social workers’ reports, although hearings can be so brief that judges don’t always see everything.

Keaveney says the men he hears from often feel social workers have sided with their wives and barely listen to them, and that the wives’ allegations are always believed.

Joe says he experienced years of false accusations by his ex-wife before he finally received a verbal apology from a social worker who said he’d been right about his wife’s fragile mental state all along. For example, his wife went to gardaí accusing Joe of exposing their son to pornography during an access visit. Gardaí investigated and The Irish Times has seen a copy of a letter from An Garda Síochana telling Joe they found no basis for the allegations. For Joe, this was just one episode in a long campaign by his ex-wife to “destroy” him, even though she had left him for another man.

“Because she’s a woman she can say what she likes, do what she likes and is getting away with it. Because I’ve moved on, the only way she can get to me is through the kids. I know guys who have not seen their kids in five to 10 years.

“One father I know, hadn’t seen his son for eight years. Then he got a call through a solicitor to say his son had attempted suicide. Can you imagine how he feels?”

Tom weeps when he speaks of living “in limbo”. After years of court battles costing in the region of €50,000, he has good access to his children but still worries about their safety. At the height of the conflict, he would drive by a place where he knew his children would be, just to see them from a distance. “I’m trying to move on, but last week, I broke down leaving the kids back to their mother. I was leaving them to somebody I don’t trust.” Sleepless nights have become routine, but he keeps going, trying to rebuild his life and his business, “for my kids”.

Some names have been changed
http://www.irishtimes.com/newspaper/features/2010/1005/1224280399159.html?sms_ss=facebook&at_xt=4cac9f9c81c6172f%2C0


We grandparents suffer too as our sons despair over their loss!



I pray my husband and I will live to see our son reunited with his child

Letter to the Observer following this news item http://www.realfathersforjustice.org/news/index.php?itemid=421
The Observer, Sunday 3 October 2010

Our son has been going through agony in the last 10 years and the knock-on effect has devastated our entire family. We grandparents never got to see our only granddaughter at birth. Why, after paying thousands in solicitor's fees and eventually getting a contact order, are things not enforced?

Two weeks after the order he arrived at his former home to find the mother had moved away. More fees to hire a private detective. She was found and eventually had to comply with contact.

Over the next four-and-half years, contact was 14 hours a month. Our son was never allowed to take his daughter on holiday and had her to stay only one weekend in his house.

All contact has been refused since 2006. He receives no school reports and has had one photograph. Parcels, gifts, cards and letters are sent regularly to her from Dad and family and maintenance has always been paid.

Changes must be made to support fathers who desperately want to see their children. Mediation is now the only option.

I put on a brave face most of the time and I pray that my husband and I will live to see our son reunited with his only child. Somebody out there help these fathers, please.

Name and address supplied


My parents separated in 2001, when I was eight and my sister five ("How a new age of fathers' rights is taking hold", In Focus). Both my parents wanted us to retain a strong relationship with each of them and so it was decided between them that they would "share us". We spent every Monday and Tuesday nights and alternate weekends with our dad and the rest with our mum. After eight years, my sister and I felt we were constantly in limbo; we felt as though we had no real home.

With the support of our mum, we spoke to Dad and told him we wanted the situation to change. Although he was upset he could see this was affecting us and he valued our happiness. Although we now tend just to see him alternate weekends I feel that our relationship is now stronger as we value our time together more.


I am greatful to Toon of RFFJ for both of these items : James Whale suffered the sadness of seeing his own son going through Parental Alienation at the time he was diagnosed with Kidney Cancer. James devoted a chapter of his book to this time and if you click on the origional blog title above you can read more on James's battle and remisson from Cancer. Davey

We grandparents suffer too as our sons despair over their loss! (James Whale)

You said: "Only about 11% of children from broken homes go on to spend equal amounts of time with each parent", without speaking to any children in this situation. After eight years of living this "ideal" scenario, it became complicated and impractical. The happiness our parents were trying to create turned to unhappiness.

Leah Sharman

Bournemouth

Last week, I received a telephone call from a policewoman threatening me with arrest. My crime? Sending three cards to my grandson telling him I love him. He had his third birthday last week and as my son's former partner will not allow me to see him I put birthday wishes in our local newspaper. My son is fighting through the family courts to regain the access he had with his son until March this year but he still is not seeing his little boy.

My son's ex-partner saw my cards as harassment. Don't you think the police have more important things to do than threaten a 67-year-old grandmother?

Name and address supplied

I'm single and not a parent, but I noticed that none of the concerned fathers you quoted made any reference to their children's feelings.

That the men you interviewed seemed incapable of putting their children's feelings above their own is illustrative of a bias in the home of the very children those men purport to wish to protect.

Vivian Frew

London EC1

"Home" needs to become a space that is healthily shared by women and men, not a battleground.

Alongside the gains of feminism in making the space "out in the world" a much more healthily distributed one between men and women, there needs to be a similar recalibration of power and perception in the shared space of home. This has to be in the interests of us all.

Phil Goss

Senior lecturer in psychotherapy

University of Central Lancashire


For more on Grandparents check out my friend Jimmy's blog.
http://chatterboxblogforyou.blogspot.com/

Tuesday 5 October 2010

Solicitors called to account "In the child's best interest!"


New Legal Ombudsman warns rip-off lawyers!

Lawyers who bring the industry into disrepute by charging huge prices for services will no longer get away with it, the new Legal Ombudsman has said.

I would suggest this accounts for the majority of family Law Solicitors , so whilst those nice people over at the Ministry of Justice are reviewing the nightmare we have reveiled to them we should now concerntrate our efforts on bringing this lot to account and submit our £30,000 claims! http://www.bbc.co.uk/news/uk-11473197


Government blamed for resignation of online child protection chief
Campaigners believe home secretary's move to merge Ceop with other agencies forced Jim Gamble to quit

http://www.thisislondon.co.uk/standard/article-23627885-payne-to-be-victims-commissioner.do

We need to protect or kids from the likes of Whiting and the Jim Gamble at CEOP offered our best hope!




">http://www.guardian.co.uk/society/2010/oct/05/government-resignation-online-child-protection?CMP=twt_gu




A possible breakthrough in Parental alienation awareness from the US conference;

Action Alert: Tell Major Media Outlets, DSM Committee that Parental Alienation is Real and Harms Children

http://www.fathersandfamilies.org/enews/cv/enews-20101005.html

Saturday 2 October 2010

Psychiatric Experts Assess Parental Alienation!


http://abcnews.go.com/Technology/wireStory?id=11776668
The American Psychiatric Association has a hot potato on its hands as it updates its catalog of mental disorders — whether to include parental alienation, a disputed term conveying how a child's relationship with one estranged parent can be poisoned by the other.
Davey asks 'will they consider the financial implications for the so called legal professionals too?'


"Now that the media frenzy about Andrew being found in Amsterdam (The Netherlands) has settled down, I am concentrating all of my efforts onto having him returned to Australia as quickly as possible under the provisions of the United Nations Convention on the Civil Aspects of International Child Abduction (Convention)".Ken Thompson!
http://www.hcch.net/index_en.php?act=text.display&tid=21





Parental Alienation is child abuse and should be outlawed NOW!

"A lot of our members are not men with great careers but ordinary men who go out to work in order to bring home money for their families. When they lose that family, everything breaks down for them. We have had five suicides so far this year," said Mike Kelly, spokesman for Real Fathers For Justice.

http://www.hcch.net/index_en.php?act=text.display&tid=21



http://www.guardian.co.uk/lifeandstyle/2010/sep/26/family-courts-fathers-custody

(Click on original blog title for Facebook campaign on this.)

Thursday 30 September 2010

This is it!



Act now 30th September 2010 is the deadline!





Ministry of Justice building in Petty France, near St. James' Park Station.
http://www.justice.gov.uk/reviews/family-justice-intro.htm


This is their Call for Evidence;
http://www.justice.gov.uk/reviews/fjr-call-for-evidence.htm

and to help here are my answers but act now!
1) Injustice!
To find reconciliation in family disputes that are workable and fair to all, whilst serving the children's best interest in offering stability and a continuity of lifestyle with the benefit of both parents, where there have been no previous accounts of violence or abuse, and the parental responsibilities are shared equally! Childhood is such a short span of time, ti should be protected!
What should not be included in the family Court is the systematic incompetence of contributors most especially the CAFCASS and CSF court reporters (CAFCASS in my view and experience should be disbanded!)

2) This question is a bit of a non starter as it should be remembered most separations happen amicably and away from court , those that do are from couple unable to agree following mediation or the like so immediately there is a dispute!
All to often a case that may be a dispute over money or property cane become embroiled in child welfare not least when a mother (more often) withhold the children till things go her way the current law does not enforce court orders so allows the parental alienation to take place!
The state should offer £500 of legal aid to both parties to include a single court appearance/order thereafter the parent who wishes to return the matter to court has to pay from their own funds, thus their minds should be focused on getting it right first time and allowing some flex ability of contact as the children grow.

3) The system is a farce bordering on discrimination and neglect!

a) No in fact the whole experience is one of rush brief and to the point bullet statements that all to often miss crucial details and Judges always seem to be in a rush to get to the next case as opposed to considering the case in hand. At one time CAFCASS had 6 months+ waiting times to process their reports and with so much water under the bridge by the time they did reach court much of the fact were out of date and not always relevant to the child's need after all that time.

b) To encourage couples to entre mediation and be given a foresight as to what they could achieve with £500 and one court agreement (as I propose) and an education on parental responsibilities that should be actively shared . CAFCASS to disband, CSF only to be brought in if there is an underlining child welfare issue and not a matter of course and the judges to receive an unbiased report from the family doctor and schools at the outset of the case so preventing one parent (more often the mother) making false representations to satisfy her own ends with the emphasis on trying to defuse tensions, but whilst there are so many people standing to gain financially cases that could be solved quickly are exacerbated more!

c) The system is mostly inefficient and grossly incompetent!


d) If the system was open to public or press scrutiny as criminal cases are it would be revealed as discriminating against fathers for no apparent reason other then accepted prejudices in society, and bigoted towards bad parents who seem to know how to work the system to their own ends whilst good non confrontational parents are penalised . There has to be a gender equality brought into the 'Walter Mitty' Family Court world as equality is accepted in the real world!
The phrase " In the best interest of the children!" should be banned from Family Court use until they themselves try to understanding of the ramifications of their all too often misjudgements!


4) I have to say there really is little more a Family Court Judge does then administer a court order that frankly is not worth the paper it is written on, even if as in my case it has just taken almost one year to attain and some £35,000 in cost (money I would have preferred to have put towards my children's future. If the judges cannot enforce his own orders supported by often spurious testimony from CAFCASS & CSF reporters what ever is the point ? Here is my solution;
http://daveyonefamilylawman.blogspot.com/2009/11/degree-absolute.html the key to all this is take the financial incentives ou t of the process and then just maybe justice may be served till then the corruption of the system will ensue!

a) Arbitration & Mediation.

b) No single agency such as CAFCASS or a social services to have the final say, some means of overseeing their activities with an impartial witness or 3 !! The right to appeal and for those making these statements to be held to account!


5) My advise to any newly separated couple would be boycott the system as if you cannot resolve it yourselves no way a Solicitor, Barrister or ultimately a Family Court Judges will do it and once again as the financial rewards are so great and with very little redress to the LSC you would be simply wasting your money!

a) No the whole system is a minefield of corruption and deceit and even when you think you are making head way smoke and mirrors are used to deceive you further I would no venture there even with an expensive lawyer at £200 per hour or a £2000 court appearance hardly in the "Child's best interest" to bankrupt the parent is it?

b) There really is no Constancy in this process and can vary just by a change of judge!


c) You can use a McKenzie friend or advocate but the judge will not always recognise then and they can only advise a litigant in person who then has to interpret that advice to an impatient judge so no not to be recommended even though Lord Justice Woolf devotes his own charity to promoting them, this to is only designed to enhance the funds flowing through the system ad hock!


6) Both parents to be regarded in law equally as in every other equality law in the land and beyond!

Outlaw Parental Alienation so as to stop the resident parent withholding the children during prearranged contact time, this should be regarded as child abuse as it undermines the very stability and routine young children in particular need and understand!

In stead of making fathers into criminals by threats from the police of arrest for harassment ( even though you as a father are attending contact at the time and place prescribed in court ( The law they use was designed for celebrities being stalked and has no place in family law or domestic issues such as these) Make false allegation a criminal offence so when proved, more often, that the mother is making it up they should face a penal notice!

7) They at present are ineffectual especially for the most heated of situations, and simply take the financial incentives out of the system for solicitors and mother who most often are entitled to limitless legal aid and put the emphasis that the money aspect of all matters appertain to the children's welfare and upbringing and nothing else!


8) The easiest way I can answer this question is from first hand experience ;

On one occasion my ex partner told the court I was stopping the children phoning their mother when they were having contact with me ( in spite of me issuing both my children with mobiles and ready access to the land line) I was told by the judge he would issue a penal notice. There after I ensured my children phoned their mother when they stayed with me, when we returned to court 3 month later the mothers barrister told my McKenzie friend to ask me to stop making the children phone so often, it was getting on her nerves!

In October 2004 I was granted a joint residency order and more then sufficient contact time ( overnight Wednesdays alternate weekends and all the school holidays shared 50/50 this is what the children had asked for and I was more then happy to adhere to. From that date onwards the mother sought to disrupt contact at every opportunity often with holding my younger child when I challenged this I was threatened with the police. This culminated on 19th September 2007 when both children were withheld and this has been the case to present day, just 3 years no contact not even a phone call text nothing and again on rare occasions of trying to pass birthday or Christmas cards etc to them and including one time when I handed my eldest an A4 envelope with a charger for a toy left at my home in error and a Post office book and maturing bonds which meant each child received about £1000 although this took place en route home from school at 3pm I had the police turn up to my home 2 days later wishing to arrest me for harassing my son at the school gate, go figure as my American friends would say , but since then I email my local police station, M.P. and newspaper of my intent and the police now do not come!

Court orders only seem enforceable on the father and the mother can get away with almost murder yet there is no course of redress! Judges just seem to go for a quiet life and if there is potentially conflict it is invariably the father that is made to leave!


9) The hypocrisy that ensues from the Family Court process starts with the bland meaning less statement in the "child's best interest" yet the children are never heard. Instead the erroneous CAFCASS and Social Services rely on the mother's word as being Gospel and not truly what the children want. Perhaps schools should appoint an independent advocate pastoral or religious who works like and with the family doctor to offer children private advice and that can be reported solely to a Family Court Judges and once again the reliance of more then one witness to a child's statement and a private room within the school where matters can be dealt with in an non intimidating way.

10) I refer you to my answer to question 4 but would say take the financial incentives out of the system to give justice a fighting chance of success.

11) The whole system is a sham I cannot think of one good aspect of family law after 6 years of study it is in need of radical reform top to bottom and social services should be included in the process the same failures affecting child welfare ( most notably Baby Peter and Khyra Ishaq) are spilling over into family court judgements more often to the detriment of the child I once again am of the view that CAFCASS should be disbanded and social services has no place in preliminary hearings of family court cases all they are doing there is generating future work for themselves and their colleagues!

12 ) If the suggestions made in question 4 where adopted the administration would be greatly reduced one bundle for a single hearing at a set price , problem solved!

13) As with answer 13 and the onus should be place with the parents ( both) to make their agreement work!

14) Sack those for misjudgements and prosecute Social services managers when they are culpable in negligence everyone else in society is accountable for their actions why are those protected by these secret family court immune? Open the process to Press and public scrutiny and say child A child B family XYZ as they do in sensitive criminal cases!

15) They do not there is just one tunnel vision route all cases take with the same inevitable out come. They fail as they are not taken on a case by case basis and much of the testimony brought to the court is hear say and the expected prejudicial outcomes of before!


16) They are not necessary separating couples should be given a pack £500 of legal advice and a single court appearance which is then enforceable on both parents and encouraged to make it work Social Services should only be called in extreme circumstances where proven incidents of violence or abuse have been recorded otherwise they only contribute to the disputes , often when previously they did not exist!

17/18 Once again the answer lies in question 4 but CAFCASS could & should disband immediately, Social services should be reformed and made to concentrate solely on child welfare issues. CSA or Child maintenance enforcement agency should also disband as they serve nobody good parents will pay for the welfare of their children bad parents will not but this poor organisation rewards the bad parent whilst penalising those who are made to pay again and a gain and also contribute to much of the disruption in applied court orders and contact arrangement. Solicitors to be made clear there is a ceiling to what legal aid any one case can justify and as previously suggested £500 there after the client has to pay themselves ( This was also discovered by an associate of mine in Canada who suggested $500 divorces were possible).


19) This is a mini statement blog;

http://daveyonefamilylawmanblogspotcom.socialgo.com/magazine/read/absent-dad---revisitedbut-i-only-live--a-mile-away_176.html

Well having worked for 35+ years, I did all the courts asked and more acquired a second family home equal distance to the schools as my former one and carried on working , adhering fully to the court order , and trying to fix 2 broken relationships with one good one having an enhanced relationship with step children unhindered by court orders. this culminated in bankruptcy and depression too great demands on a single person for finances a single wage would never achieve. Then to be entitle to minimum and ever reducing aid from the state still paying CSA having my former home handed to my ex partner and her new partner on a plate her new partner not having spent 30 seconds in Family court was able to acquire my home for a pepper corn rate of £34,000 when it was worth over £200,00 in the same week I was issued with an intent to reposes my second family home, my pension maturing early saved it but now means it is only paying a minimum out ( £20 per week) for the rest of my life! I am not entitle to legal aid in spite of being broke and there seems no course of redress at the age of 52 what hope but there are those worse off then me see question 30

20) Compassion.

21) There is no accountability and there is no excuse why the courts cannot be more open as they are in Australia and cases can be identified by numbers or letters in the most sensitive cases there is no accountability at Social services and no way of undoing their wrongs or reversing bad decisions once in place a national scandal!

22) There needs to be more openness including press intervention whilst sensitive cases can still be protected if everyone involved was aware then it follows so would accountability!

23) Criminal courts use ID such as Child A and this can still be used at the Judges discretion but there has to be some form of overseer to ensure there is some accountability for any judgement, this would also save wasted appeals.

24) I have thought about this on a number of occasions and have come to the conclusion that the key stage for this is at the stage a child reached the age they start at secondary education so I would suggest a child under 11 should be allowed to talk to court via video link but children over 11 should be able to attend court perhaps with a child advocate.

25) CAFCASS should be disbanded as ineffectual failures!


26) All the above and took my research worldwide for over 6 years!

27) Openness, accountability and performance rating!

28) Judge could be supported by a jury of independent parents and in fact a reduction in the number of agencies involved but above all ACCOUNTABILITY!

29) One of the first thing I did when I saw the failings first hand in UK courts was to go in search of where things might be done better, Sadly the whole malaise was derived from the British model and as a result the same problems occur around the world ! In the USA things seem to be on a par with the UK with State and county variations and their CPS is as much a national disgrace as here in Britain they seem to be tougher in Canada whilst the courts in Australia are a little more open they are still far from ideal and along with their New Zealand neighbours suffer from failing child welfare services with their CYFS.

30) Along with Parental Alienation, False allegations and children going into care or foster home on spurious Social services claims such as the dog barked so the child needs to go into care! But one other hidden secret the public never see as a result of these sinister courts is the resulting suicides of those falling fowl of this appalling system! In Australia where a thorough record is kept over 12,000 people have taken their lives since November 2007 ( when Kevin Rudd took office) it is believed similar numbers are lost in the UK ( where the BBC mocked a protester on the Tyne Bridge for trying to highlight this fact) and Canada . In the USA where numbers run into the 100,000 SCC.org has revealed the correlation between returning service personnel and their added involvement in the family law system adding significantly to this tragic number!
http://www.youtube.com/watch?v=0_StCzStBy0


Follow the progress of this review by clicking on the blog title above!



http://www.communitycare.co.uk/Articles/2010/09/30/115451/family-justice-review-chair-we-cant-go-on-like-this.htm

Lest we forget!

Lest we forget!
In the year we saw the last of the World War One ‘Tommy’s’ complete his journey on this earth and many World War Two warriors now considering how many more memorials they will attend especially in foreign lands, we appreciate what their lives and those who did not return stand for in giving us freedom of speech and a quality of life many of us take for granted and my thoughts of my late father a peace loving man facing the horror of war from the rear gunning turret of a Lancaster Bomber. (click on picture to see him arrive in the US) My Dad, Eddie (1921-1990)

Listen to the Children!

Listen to the Children!
click on picture for video

Dad is the WORD!

Dad is the WORD!
Darby Jay has a point doesn't he?

Family Justice review e-petition

Family Justice review e-petition
Sign against it NOW!

Roy Wood

Roy Wood
Tell me a story Minister! There ain't no time left to lose!

WHY?

WHY?
Are we all prisoners to ourselves?

You thought you had problems?


Time to fix this broken Family Law!

1984

1984
Has it caught up with us?

Are you Hammer or Anvil?

Are you Hammer or Anvil?
Even authority can become voulnerable when WRONG!

Family Justice Reform?

Family Justice Reform?
Lets work together!

It is all about the children...

It is all about the children...
..even at Buckingham Palace!

Kids......this is a role model!

Kids......this is a role model!
(I once saw Lennox Lewis in Mayfair, a big man not just in statue: Davey)

e-petiton for equal parenting in law!

e-petiton for equal parenting in law!
Not much to ask really!

Kings of Rock (any dispute?) click on Guitar

Kings of Rock (any dispute?) click on Guitar
Status Quo have not expressed their opinion of this site, this is just here for light relief to a heavy subject!

100 years on could this be the fete of our ecomony and democracy?

100 years on could this be the fete of our ecomony and democracy?
Ask Nigel Farage!

Justice4Stephen?

Justice4Stephen?
I hope so!

Just who exactly do they represent?

The Legacy!

The Legacy!
Daveyone Bows-Out!