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SUPPORTING
REAL FATHERS 4 JUSTICE |
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THE NATIONAL CAMPAIGN FOR REFORM, JUSTICE & FAIRNESS IN FAMILY LAW =============== UKMENSAID PO BOX 205 CHELTENHAM GL51 0YL Office Telephone For Press Enquiries Telephone
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HOW UK FAMILY COURTS & CAFCASS FAIL CHILDREN & FAMILIES
BACKGROUND – BEFORE CAFCASS MAR 97 Parents separate. Limited contact permitted by mother. CHILDREN: T is 9; AUG 97 Father introduces new partner, Christine. After that, mother blocks contact.
DEC/JAN 97 Boxing Day to New Year – staying contact permitted with Christine
involved. Forest of Arden extremely happy time is spent with the children over the holiday.
After that, contact is blocked by mother.
JAN 98 First contact hearing. Mother comes to court to argue that father
was too depressed to be allowed contact. Outside court before hearing: solicitors agree
weekend staying contact to resume immediately. However, parents told they must see the
Duty Welfare Officer who pronounces both parents depressed. Although she has never met
the parties before, and has never seen the children, she vetoes the staying contact agreed
between the parents. An order is made by DJ Enzer for nugatory weekend visiting contact
in line with the Duty Officer’s recommendation. Welfare report ordered. Father is devastated.
A powerful,early message is sent to mother that the family justice system will help her
block contact. She tells the children that it is the Welfare Service who say they cannot
have contact with their father.
FEB/MAR 98 Parents attempt reconciliation. Father is motivated by desire
not to lose his children. During the attempted reconciliation, mother admits to father
that she had been blocking contact deliberately. Reconciliation fails after 5 weeks. There
after all contact (including phone contact) is denied by mother. Welfare report process
re-activated.
MAY 98 Mark Verity (a Surrey Welfare Officer) “observes contact” after
long period of no contact. Children immediately express a strong desire to restart contact.
T says she also wants phone contact to be restored immediately and says she will ask her
mother to release their phone number to father that day. Mother refuses and Verity will
do nothing to assist father or children. He says his role is solely to write a report for
court.
Some crumbs of visiting contact are permitted by mother whilst Verity is
still in the picture. As soon as children want to progress to more contact, contact is
blocked by mother. M then started to refuse contact and T followed suit a few weeks’ later.
This is a classic symptom of parental alienation. Father is unable to interest Verity
in playing any meaningful role in setting up reasonable contact arrangements. Verity
admits to having zero knowledge of parental alienation, phenomenon well known to mental
& health professionals who operate in the realm of custody and access disputes. Verity
is only interested in writing reports for court. By the time he filed his report recommending
contact, all contact had been stopped.
Complaints to the Welfare Service all fall on deaf ears. Nobody is even
prepared to meet with, father to discuss them. Patricia Stowe (Verity’s boss) will do
nothing. The Chief Probation Officer for Surrey, Michael Varah, refuses to investigate
or even to abide by his organization’s complaints procedure. He says it would all be a
waste of taxpayers’ money.
SEP 98 Given the Welfare Service’s lack of support and zero understanding
of parental alienation, father decides to withdraw from the contact litigation to see if
contact would be restored in the absence of litigation. There was a long period of zero
contact during which father wrote to the girls and sent them cards and gifts.
DURING THE ZERO CONTACT PERIOD FROM JUNE 98 TO AUGUST 99
Father hears nothing whatever from his children or their mother. Both girls’
schools are reluctant to communicate with father or to treat him as an equal parent. The
doctor refuses to keep him informed about his daughters’ medical condition. Father educates
T’s school as to the legal position and corrects misinformation that had been provided
to the school by the mother. The school thereafter completely change their attitude.
Indeed, T’s school engineers a breakthrough.
They invite father to a parents’ event at which T is to be presented with
an award. When she enters the hall father is shocked by the fact that she had grown so much
that he did not, at first, recognize his own daughter. She sits and plays the award-winning
piano piece that she had herself composed. Father (who used to play piano while his daughters
sang along when he was able to live with them) did not even know that T played the piano!.
But this breakthrough marks the beginning of a process whereby T ultimately becomes able
to assert her need for contact with her father in the teeth of a climate at home that is
hostile to father. However T still needs external help in order that she could have contact
with her father.
MAY 99 Father marries Christine.
JUN 99 Still no sign of contact being permitted, so father issues fresh
contact proceedings after mother again refuses to negotiate reasonable contact arrangements.
AUG 99 First hearing. Verity is the Duty Officer at court. He withdraws
from the case saying it needs someone different. Faced with new court proceedings, mother
permits some token contact. Mother then purports to agree a parenting plan in a joint
meeting with a new Surrey Welfare Officer, Roma Nelson, who records and endorses the agreement
in a report for court. After the meeting mother refuses to honour the agreement. The Welfare
Service take no interest and, inexplicably, remove Nelson from the case.
JAN 00 Another Surrey Welfare Officer (Geraldine Wilson) takes over. She
adopts a militant approach towards father from the outset. She has clearly been selected
as someone capable of "putting this father in his place"!. There is a veneer of reasonableness
at first. She agrees to see father with his children but later refuses to do so. She also
refuses to meet father’s wife, Christine, the children’s stepmother, after saying she would
do so. When she writes her report it is inaccurate – even as to basic facts, such as the
amount of contact that is taking place.
Wilson refuses to do anything to support contact. She refuses to support father’s
court application that a mental health professional should be appointed to facilitate contact
– one qualified to advise the court on parental alienation. Wilson’s report recommends that
no contact order be made. Again nobody from CAFCASS will meet with father to discuss his
complaints. Wilson ignores father’s communications.
MAY 00 TRIAL: Under cross-examination Wilson accepts that, if the children
were subject to alienating influences, her recommendations to the court would be the precise
opposite of what would serve the children’s best interests. The judge (HHJ Morgan) takes
up father’s key allegation that contact is withdrawn repeatedly after good contact has taken
place. He, concludes on balance that the mother is probably trying her best, but makes clear
that he expects normal contact arrangements (in line with father’s modest application for
alternate weekend contact and half the school holidays) to come about soon and he admonishes
mother accordingly. He is unaware that mother lied to him on a crucial matter that went to
the heart of father’s allegation that she was undermining contact. (Proof of this lie comes
about during, discovery as a result of subsequent litigation.) The judge makes a contact
order (albeit a paltry one) to both children in spite of Wilson’s recommendation that there
should be no order.
AUG 00 Father and Christine take the children on a very successful and happy
2-week holiday to Florida. After that, father does not see M again for several years. Contact
is blocked. Mother confiscates from T the mobile phone father provided to her to facilitate
contact. Mother refuses to respond to father’s requests for contact. Father again petitions
the court for assistance.
DEC 00 HHJ Morgan makes a more robust contact order to secure T’s contact.
It states that mother must not confiscate T’s mobile phone further she must respond to
father’s reasonable requests for contact.
CAFCASS ENTERS THE PICTURE – THEIR CONDUCT BEGGARS BELIEF! FEB 01 Matters do not improve so father makes a further court application.
HHJ Morgan; agrees with father that the matter should be transferred to the High Court,
that the Official Solicitor (by now subsumed by CAFCASS LEGAL) should take the case and
Guardians Ad Litem appointed for the children. (The President of the Family Division will
later in the Court of Appeal express full support for this ruling by the first instance judge.)
MAR 01 CAFCASS LEGAL in a letter signed on behalf of its Legal Director,
Charles Prest, refuse the judge’s invitation, stating that the matter is best left with
Welfare Officers (by now called Family Court Reporters).
IT WILL LATER BE SEEN THAT CHARLES PREST MAKES CERTAIN THAT CAFCASS WILL
NEVER ACT ON THE FIRST INSTANCE JUDGE’S RULING – NOT EVEN WHEN THEY ARE TOLD TO DO SO
BY THE COURT OF APPEAL & THE PRESIDENT OF THE FAMILY DIVISION HERSELF.
JUNE 01 Mother tells the High Court (DJ Maple) that CAFCASS LEGAL have told
her that father is a “vexatious litigant” and there is nothing they can do to stop him
petitioning the High Court.
JULY 01 A further Welfare Officer (Aviva Morris) with no previous knowledge
of the case requires the children to be brought to the High Court by their mother to be
interviewed immediately prior to a hearing. (T later complains that Morris was only interested
in fishing for negative comments about her father.) This officer declines to meet with father.
She then reports orally to the deputy High Court judge (HHJ Goldstein). Her mission was
clearly to close down father’s contact application.
(The President of the Family Division later “deprecates” CAFCASS’s methodology
in her leading Judgment in the Court of Appeal on 20 February 2002.)
HHJ Goldstein delivers his Judgment dismissing father’s case on the strength
of Morris’s oral report. Without notice or warning, Goldstein makes an order banning father
from making any further application regarding contact to his children for 3 years – effectively
the rest of their childhood but, of his own volition, the judge gives father permission
to appeal to the Court of Appeal. Father appeals (in person) and wins. The appeal is reported
in Family Law Journal.
20 FEB 02 Court of Appeal’s ruling and leading Judgment delivered by the
President overturns Goldstein. She describes what he did as “outrageous”. The Court of Appeal’s
Judgment expresses an intention that there should be a profound investigation and comprehensive
assistance for the family – the parents AND the children. T is now 14; M is 13.
2 MAR 02 President directs “for the avoidance of doubt” that the contact
application dated 12 February 2001 is still to be dealt with and writes to that effect to
Mike Hinchcliffe (Charles Prest’s Deputy in CAFCASS LEGAL) that same day. This was to correct
one of several fundamental errors in the President’s Judgment which father had to point out
to her.
14 MAR 02 Father’s email to Mike Hinchcliffe referring to President’s direction
on 2 March 02.
24 APR 02 CAFCASS grudgingly accept Court of Appeal’s invitation to act (having
taken an internal decision to refuse) as a result (it is claimed) of a phone call from the
President to Charles Prest.
1 MAY 02 Father’s email to CAFCASS (John Ramus CAFCASS Guardian/caseworker)
stressing the importance of CAFCASS attending the children hearing on 3 May and again referring
to the President’s direction that there was a live contact application to be dealt with. Father
is overseas on business. It is immediately plain that Ramus intends to do nothing effective.
3 MAY 02 CAFCASS attend Court and, through Counsel (Heather
MacGregor) mislead
Mr Justice Johnson (the High Court Judge) into believing that there is no outstanding contact
application. They knew this to be false and their Counsel had a copy of father’s comprehensive
letter to the Judge which yet again referred to the President’s direction. Accordingly Johnson
J dismisses contact in father’s absence. (The President later in the Court of Appeal makes
clear that she is dumbfounded that Mr Justice Johnson ignored her express intentions.) Father
sends a Litigation Friend (Duffield) to court in his absence. CAFCASS’s team laugh and joke
with mother and her lawyers, but refuse to enter into a dialogue with father’s representative
while they conspire with mother’s side to have contact dismissed. CAFCASS’s counsel refuses
to talk to father on the phone when Duffield offers her the phone. The consequences of
CAFCASS’s gross negligence on this day are disastrous.
8 MAY 02 Father complains to CAFCASS (David Mott) concerning the conduct of
this first hearing.
23 MAY 02 David Mott refuses to enter into correspondence with father.
28 MAY 02 Father’s email appealing to CAFCASS Legal Director (Charles
Prest)
14 JUNE 02 Prest’s distasteful reply refusing to get involved and effectively
says, “Forget your children – it’s all a waste of taxpayers’ money!”
20 JUNE 02 Father’s email to Prest again appealing for his intervention.
25 JUNE 02 Email from Prest refusing to do anything about father’s complaint.
24 AUG 02 CAFCASS Counsel’s negligent Opinion wrongly stating that (a) there
was no outstanding contact application and (b) there never had been one. CAFCASS knew this
advice to be both plainly wrong and negligent. The President’s Judgment on 20 February 2001
had emphasized that CAFCASS LEGAL must read all the papers immediately. They never bother
to read them.
NOV 02 CAFCASS tries to repeat the very methodology that the President
“deprecated” in her Judgment. Father appeals direct to the President who intervenes causing
Prest to take some action. However, beyond writing a letter of apology, he takes no action
to put the handling of this case on a proper footing.
25 NOV 02 Lord Justice Thorpe’s Judgment in Court of Appeal confirming that
President’s Judgment on 20 February 2002 had intended a profound investigation and comprehensive
help for family. Thorpe sends an expedited transcript of his Judgment to Mr Justice Johnson
who ignores it.
29 NOV 02 CAFCASS, having done nothing to act on the President’s Judgment of
20 February 2002, now attend court and have contact dismissed again without having prepared
any report and without any prior notice to father of their position nor had any court application
been made to dismiss contact. CAFCASS’s Guardian/caseworker, John Ramus, had not seen either
parent nor even the children. Mr Justice Johnson dismisses contact again, refuses to allow father
to cross-examine John Ramus, and merely tells father to “sue CAFCASS”.
17 JUNE 03 Court of Appeal allow father’s appeal a second time. President expresses
her disappointment that CAFCASS have done nothing since her first Judgment. She makes clear that
she expects CAFCASS to act when she calls upon them to act. CAFCASS (David Mott) lie to the
President through Counsel Heather MacGregor) claiming that they had heard “absolutely nothing” since
the first Court of Appeal’s Judgment of 20 February 2002. CAFCASS through Counsel accept that
they should have moved the case forward at the first hearing on 3 May 2003.
T is now 15; M is 14. Father rarely sees them. IT IS NOW ALL TOO LATE! 1 AUG 03 Former Chairman of CAFCASS, Anthony Hewson,OBE at the instigation of EQUAL
PARENTING COUNCIL, agrees that CAFCASS must investigate the father’s complaint.
22 APR 04 After relentless chasing by father, an investigator is instructed by CAFCASS
(an external solicitor GEORGE MARRIOTT) to interview father. The interview takes place on 22 April
2004. Marriott has not even been given the complaint documents by CAFCASS.
27 APR 04 Having learnt of Mr Hewson’s resignation, father briefs the new CAFCASS Chair,
Baroness Jill Pitkeathley OBE. Particular reference is made to Charles Prest’s gross misconduct. She
replies stating that she did not want to comment further until the matter had come before the CAFCASS
Board. (She has not commented since.)
15 JUL 04 CAFCASS’s then Chief Executive, Jonathan
Tross, writes to father enclosing
Marriott’s report dated 30 June 04. The report partially upheld the complaint in a token way, but
it was clear that the investigator had been grossly negligent and biased in favour of his paymasters
CAFCASS). His report is a whitewash and will later be discredited by the CAFCASS Board’s Appeal Panel.
27 JUL 04 Father appeals to the CAFCASS Board by way of a letter that mounts a
comprehensive, copiously documented attack on Marriott’s methodology, report and conclusions.
Father’s appeal is subsequently upheld by the CAFCASS Board, but no remedy is proposed.
10 SEPT 04 Father writes to CAFCASS’s new Chief Executive, Anthony Douglas, asking
how CAFCASS intends to resolve the issues arising out of the successful appeal. In response, Mr
Douglas seeks a meeting with father. This will be the first meeting that anyone from CAFCASS has
ever had with any member of the family since the Court of Appeal’s judgment on 20 February 2002.
17 SEPT 04 Mr Douglas meets with father and undertakes to write back to father
covering all issues and with proposals for resolution by latest the end of October 04. Mr Douglas
adds that he is acutely aware of the importance of this matter, especially in view of the fact
that Mr Prest (and other CAFCASS staff implicated in father’s complaint) are “still in their posts”.
(Mr Douglas makes clear that he is aware that father has repeatedly accused the CAFCASS Board
of spinelessness in failing to sanction those responsible for CAFCASS’s abject failures in this
case – failures that have patently worked to the detriment of the children’s welfare.)
14 NOV 04 In spite of reminders, the promised letter has not been received from
Mr Douglas.
T is now 17; M is 15 – THEIR CHILDHOOD IS OVER!
EPC stands behind everything in this time line and possess a full set of documents
to substantiate every point. Consider the following……
KEY POINTS:
•
• Failed in its statutory duty to promote the welfare of the children
• Deliberately ignored the Court of Appeal and the President’s directions
• Charles Prest perverted the course of justice
• Prest was aided and abetted by his subordinates in CAFCASS LEGAL
• And by Counsel, Heather MacGregor, who was either grossly negligent, corrupt or both
• MacGregor lied to the Court of Appeal in an effort to cover up
• While David Mott (a solicitor and officer of the court) sat behind her knowing she was
lying
A full set of documents proving the allegations and assertions herein has been in the
possession of the CAFCASS Chair and Board for a considerable period of time.
This is not an isolated case. It typifies the way CAFCASS and judges treat non-resident parents and their children in Britain’s secret family courts.
It is a national disgrace!
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