Yes guys, yet another cut and paste from the governments ( How to get off the hook) hand book has surfaced.
My thoughts are in blue text below the original.
Have you noticed how they manage to avoid a very important word in their brief:
Yes it is called EQUAL or EQUALITY!
Can anyone out there please try to tell me:
1. Why do I need to go to court to remain a loving and devoted parent for my children?
2. If I must go to court can anyone please tell me why the court action is not on-going in the background and the child / parent relationship
does not faulter?
3. Why does a judge not enforce the law?
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Dear Mr Morris
Thank you for your email dated 16 November about child contact. On this occasion I have been asked to reply.
The Government believes that children benefit from a continuing relationship with both parents following divorce or separation, where it is safe and in the child’s best interests. The Children Act 1989 supports this and, most importantly, it makes the welfare of the child concerned, rather than the rights of the parents, its paramount consideration. While most parents can and do resolve issues about contact and residence following separation or divorce, the court becomes involved if either parent applies for an order for residence or contact. The court has a wide discretion to take account of all the facts and circumstances of each individual case. Decisions are made after the judge has heard and considered all the evidence provided by both parties and any other witnesses, including experts. Both parties are entitled to have their views heard and have the opportunity to respond to any evidence put before the court. If arrangements under a court order do not work out, either parent may, according to the circumstances, apply to the court for the order to be varied, revoked, or enforced.
We do not see any need to change this law, but we do need to change the way parents settle disputes. In particular, we would like to see a reduction in the number of parents resorting to the courts, as this so often results in poorer outcomes for the children and greater dissatisfaction for the parents. Where cases do come before the court, we are promoting extensive use of measures such as mediation and in-court conciliation to divert such cases from a full court hearing. Linked to this, we also want to provide a wider range of levers to ensure the proper implementation of court orders.
I realise there are cases where non-resident parents have difficulty in maintaining contact with their children because of the obstructive behaviour of the parent with whom the children reside. Where contact has been agreed or ordered by the courts, it is essential that it is adhered to. If, at the end of a long and difficult dispute, the contact ordered by the court does not take place, then it has been a waste of time and energy but, more importantly, the child is not benefiting from what the court has decided will promote their welfare. The enforcement of contact orders is a sensitive area. Deliberate refusal to obey any court order is contempt of court that can be punished with a fine or imprisonment. The court also has the power to decide to transfer residence to the other (non-resident) parent if this is considered to be in the child’s best interests.
However, penalties such as fines and imprisonment may not always be appropriate in a child contact case because of the effect that this may have on the children at the centre of the dispute. The Children and Adoption Act 2006 gives courts additional powers to facilitate contact and enforce contact orders. For instance, in addition to the current system of fines and imprisonment, they will be able to refer parents to a counsellor or a parenting programme or make enforcement orders imposing requirements for unpaid work. The courts will also be able to award financial compensation, for example where the cost of a holiday has been lost. These additional levers will be available to the courts in any contact case, if the court considers they would assist resolution. The Government brought the remaining provisions in Part 1 of the Children and Adoption Act (sections 1-5 and 8) relating to new powers for the courts to order 'contact activities' to assist people in resolving contact disputes and new enforcement powers on 8 December 2008.
The Children and Family Court Advisory and Support Service (CAFCASS) works with parents who have been unable to agree arrangements, to help them resolve their disputes, where it is safe to do so and in the child's best interests.
The Children and Adoption Act 2006 contains measures for the extension of the maximum duration of Family Assistance Orders from six months to 12 months which were implemented in October 2007. Beyond this, the Government plans to implement additional measures to enforce contact orders, including through the monitoring of court-ordered contact.
Denying a child contact with one of its parents is not usually in the child’s best interests, but it is for the courts to decide whether or not a child has suffered serious harm or is at risk of suffering serious harm, in the circumstances of each case.
Yours sincerely
Emma Hutchinson
Public Communications Unit
www.dcsf.gov.uk
Your correspondence has been allocated the reference number 2009/0097256. To correspond by email with the Department for Children, Schools and Families please contact info@dcsf.gsi.gov.uk.
If you have any further queries why not browse our Popular Questions website. This site has been built to allow you to quickly find the answer to your question http://www.dcsf.gov.uk/popularquestions
The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Cable&Wireless in partnership with MessageLabs. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free.
Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.
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Dear Mr Morris
Thank you for your email dated 16 November about child contact. On this occasion I have been asked to reply.
The Government believes that children benefit from a continuing relationship with both parents following divorce or separation, where it is safe and in the child’s best interests.
They may very well believe it but they do not enforce it!
The Children Act 1989 supports this and, most importantly, it makes the welfare of the child concerned, rather than the rights of the parents, its paramount consideration.
If this is true then how has the welfare issue shifted to the mother?
While most parents can and do resolve issues about contact and residence following separation or divorce,
Many do not and the blackmail begins.
the court becomes involved if either parent applies for an order for residence or contact.
Why do the parents need to apply for residence or contact?
The court has a wide discretion to take account of all the facts and circumstances of each individual case.
The courts need to butt out and not get involved.
Decisions are made after the judge has heard and considered all the evidence provided by both parties and any other witnesses,
Many witnesses are not allowed to give their information.
including experts.
Who needs these “So Called” experts? (If they were not required before)
Both parties are entitled to have their views heard and have the opportunity to respond to any evidence put before the court.
This is untrue and the judge will only allow what he sees fit.
If arrangements under a court order do not work out,
What do they mean If the don’t work out?
either parent may, according to the circumstances, apply to the court for the order to be varied, revoked, or enforced.
Apply all you want, the court will not enforce an order that you should need anyway.
We do not see any need to change this law,
There is no need to change the law they just need to enforce it!
but we do need to change the way parents settle disputes.
How are they going to do that?
In particular, we would like to see a reduction in the number of parents resorting to the courts,
If a mother is withholding the children, where else can a father go?
as this so often results in poorer outcomes for the children and greater dissatisfaction for the parents.
No surprise here then! How would a parent be dissatisfied if they “Owned” the children?
Where cases do come before the court, we are promoting extensive use of measures such as mediation
Mediate till the cows come home, the mother need not attend! Why should she?
and in-court conciliation to divert such cases from a full court hearing.
Why should a parent have to go to court to remain one?
Linked to this, we also want to provide a wider range of levers to ensure the proper implementation of court orders.
Implement all you like, it will make no difference! It is real enforcement that will help.
I realise there are cases where non-resident parents have difficulty
The word here should be “Impossible”
in maintaining contact with their children because of the obstructive behaviour of the parent with whom the children reside.
This happens quite simply because one parent is given “Ownership” of the children.
Where contact has been agreed or ordered by the courts, it is essential that it is adhered to.
Why did the involvement with your children stop in the first place? Just because the mother does not like you anymore?
If, at the end of a long and difficult dispute, the contact ordered by the court does not take place, then it has been a waste of time and energy
Ahh you forgot something quite important here.…..The Money it costs!
£300 per hour for a family solicitor……..£10-15K to get a court order.
but, more importantly, the child is not benefiting from what the court has decided will promote their welfare.
So why do they not do their job properly?
The enforcement of contact orders is a sensitive area.
It is only sensitive for the mother and the father receives no sensitivity!
Deliberate refusal to obey any court order is contempt of court that can be punished with a fine or imprisonment.
When is this ever going to happen?
The court also has the power to decide to transfer residence to the other (non-resident) parent if this is considered to be in the child’s best interests.
Again when is this going to happen?
However, penalties such as fines and imprisonment may not always be appropriate in a child contact case because of the effect that this may have on the children at the centre of the dispute.
What a cop out! This is a disgrace. So it is okay to shut out the father and all of the extended family. Is this appropriate?
The Children and Adoption Act 2006 gives courts additional powers to facilitate contact and enforce contact orders.
How?
For instance, in addition to the current system of fines and imprisonment, they will be able to refer parents to a counsellor or a parenting programme or make enforcement orders imposing requirements for unpaid work.
Refer the mother as much as you want, she need not attend or adhere as the government won’t enforce any measures!
The courts will also be able to award financial compensation, for example where the cost of a holiday has been lost.
I have lost lots of money due to paying for lost holidays, passports train tickets etc and how am I ever going to get this back?
These additional levers will be available to the courts in any contact case, if the court considers they would assist resolution.
They will not assist as they will not enforce anything against the mother.
The Government brought the remaining provisions in Part 1 of the Children and Adoption Act (sections 1-5 and 8) relating to new powers for the courts to order 'contact activities' to assist people in resolving contact disputes and new enforcement powers on 8 December 2008.
The Children and Family Court Advisory and Support Service (CAFCASS) works with parents
They work very much against the non-resident parent.
who have been unable to agree arrangements,
Who of sound mind would agree to losing their children?
to help them resolve their disputes, where it is safe to do so and in the child's best interests.
The records show that CAFCASS do not want to disobey the mother’s wishes!
The Children and Adoption Act 2006 contains measures for the extension of the maximum duration of Family Assistance Orders from six months to 12 months which were implemented in October 2007. Beyond this, the Government plans to implement additional measures to enforce contact orders, including through the monitoring of court-ordered contact.
Denying a child contact with one of its parents is not usually
Why do they use the word “Usually”? when they couldn’t care less if the children have a meaningful relationship with their father or not!
in the child’s best interests, but it is for the courts to decide whether or not a child has suffered serious harm or is at risk of suffering serious harm, in the circumstances of each case.
So let me get this right. The government want me to prove that my children are suffering serious harm or are at risk of it before I can continue to be a father to them!
Yours sincerely
Emma Hutchinson Public Communications Unit www.dcsf.gov.uk
Your correspondence has been allocated the reference number 2009/0097256. To correspond by email with the Department for Children, Schools and Families please contact info@dcsf.gsi.gov.uk.
If you have any further queries why not browse our Popular Questions website. This site has been built to allow you to quickly find the answer to your question http://www.dcsf.gov.uk/popularquestions
Wednesday, December 2, 2009
Tuesday, December 1, 2009
Demo, THE SEA OF SANTA’S
PRESS RELEASE
UNMARRIED AND SEPARATED FATHERS/FAMILIES OF IRELAND
ANNUAL PUBLIC AWARENESS CAMPAIGN
WHEN: SUNDAY 20TH DAY OF DECEMBER 2009 @ 12:30
WHERE: MEETING AT DOLPHIN HOUSE DUBLIN FAMILY LAW COURT
AND PARADING TO O CONNELL BRIDGE
WHY:
TO CAMPAIGN FOR FATHERS WHO WILL NOT GET To
SEE THEIR CHILDREN THIS CHRISTMAS BECAUSE OF FAMILY
BREAKDOWN AND TO COMEMORATE THOSE 6 OF OUR
MEMBERS WHO HAVE TAKEN THEIR OWN LIFE BECAUSE THE
FAMILY LAW SYSTEM IN IRELAND HAS FAILED THEM BOTH
AT CHRISTMAS TIME AND THROUGHOUT THE YEAR BY
ALLOWING HEARSAY EVIDENCE IN COURT TO ENSURE
CHILDREN DO NOT GET TO SEE THEIR REAL HERO THIS
CHRISTMAS, THEIR FATHER
HOW:
EACH MEMBER WILL DRESS UP AS SANTA CLAUS AND WILL
PEACEFULLY MARCH WITH BANNERS SUCH AS ‘PUT THE
FATHER BACK INTO FATHER CHRISTMAS’. BASED ON
PREVIOUS YEARS AN EQUAL AMOUNT OF MEN, WOMEN AND
CHILDREN COME OUT TO SUPPORT THIS EVENT. WHEN THE
MARCH ENDS AT O CONNELL BRIDGE WE WILL HAVE A ONE
MINUTE SILENCE AS WE DROP 6 CHRISTMAS WREATHS INTO
THE RIVER LIFFEY TO COMMEMORATE OUR 6 FALLEN
FATHERS WHO SIMPLY COULD NOT GO THROUGH ANOTHER
CHRISTMAS WITHOUT THEIR CHILDREN.
HELP:
WE AS A NATIONAL ORGANISATION ARE CALLING ON ALL OF
THE NATIONAL AND LOCAL MEDIA TO COVER THIS EVENT
AND ASSIST US TO HIGHLIGHT THE TRAUMA BROKEN
FAMILIES GO THROUGH AT CHRISTMAS TIME, AND TO SEND A
MESSAGE ACROSS THE COUNTRY TO LETS MAKE THIS
CHRISTMAS ABOUT THE CHILDREN AND GIVE THEM THE
RIGHT TO SPEND THEIR MOST EXCITING PART OF THE YEAR
WITH BOTH PARENTS EVEN IF IT HAS TO SEPARATELY.
INFO:
PROJECT CO-ORDINATOR Mr. Ray Kelly 0868879444 ray@usfi.ie This e-mail address is being protected from spambots. You need java-script enabled to view it
UNMARRIED AND SEPARATED FATHERS/FAMILIES OF IRELAND
ANNUAL PUBLIC AWARENESS CAMPAIGN
WHEN: SUNDAY 20TH DAY OF DECEMBER 2009 @ 12:30
WHERE: MEETING AT DOLPHIN HOUSE DUBLIN FAMILY LAW COURT
AND PARADING TO O CONNELL BRIDGE
WHY:
TO CAMPAIGN FOR FATHERS WHO WILL NOT GET To
SEE THEIR CHILDREN THIS CHRISTMAS BECAUSE OF FAMILY
BREAKDOWN AND TO COMEMORATE THOSE 6 OF OUR
MEMBERS WHO HAVE TAKEN THEIR OWN LIFE BECAUSE THE
FAMILY LAW SYSTEM IN IRELAND HAS FAILED THEM BOTH
AT CHRISTMAS TIME AND THROUGHOUT THE YEAR BY
ALLOWING HEARSAY EVIDENCE IN COURT TO ENSURE
CHILDREN DO NOT GET TO SEE THEIR REAL HERO THIS
CHRISTMAS, THEIR FATHER
HOW:
EACH MEMBER WILL DRESS UP AS SANTA CLAUS AND WILL
PEACEFULLY MARCH WITH BANNERS SUCH AS ‘PUT THE
FATHER BACK INTO FATHER CHRISTMAS’. BASED ON
PREVIOUS YEARS AN EQUAL AMOUNT OF MEN, WOMEN AND
CHILDREN COME OUT TO SUPPORT THIS EVENT. WHEN THE
MARCH ENDS AT O CONNELL BRIDGE WE WILL HAVE A ONE
MINUTE SILENCE AS WE DROP 6 CHRISTMAS WREATHS INTO
THE RIVER LIFFEY TO COMMEMORATE OUR 6 FALLEN
FATHERS WHO SIMPLY COULD NOT GO THROUGH ANOTHER
CHRISTMAS WITHOUT THEIR CHILDREN.
HELP:
WE AS A NATIONAL ORGANISATION ARE CALLING ON ALL OF
THE NATIONAL AND LOCAL MEDIA TO COVER THIS EVENT
AND ASSIST US TO HIGHLIGHT THE TRAUMA BROKEN
FAMILIES GO THROUGH AT CHRISTMAS TIME, AND TO SEND A
MESSAGE ACROSS THE COUNTRY TO LETS MAKE THIS
CHRISTMAS ABOUT THE CHILDREN AND GIVE THEM THE
RIGHT TO SPEND THEIR MOST EXCITING PART OF THE YEAR
WITH BOTH PARENTS EVEN IF IT HAS TO SEPARATELY.
INFO:
PROJECT CO-ORDINATOR Mr. Ray Kelly 0868879444 ray@usfi.ie This e-mail address is being protected from spambots. You need java-script enabled to view it
Thursday, October 22, 2009
Letter to David Cameron
Dear Mr. Cameron,
A couple of weeks ago on early morning radio I heard Caroline Spellman outline the Conservatives plan for the family should you become elected. This morning I heard you stating that you hope and expect your ministers to build on achievements already gained from charities etc. rather than have a complete sweep, losing any information that is already there.
We are very much impressed by this positive move toward family unity and would like to be a part of this, building on our previous work.
Representatives of our group have attended meetings in relation to Iain Duncan Smith’s Centre for Social Justice research and we have taken part in the workshop with his Breakthrough Glasgow program.
We are a support group that helps grandparents who are denied contact with their grandchildren and our approach is building bridges within families and encouraging families to work together for the sake of the children involved as they are always the innocent victims of adult behaviour. We very much support traditional family values and believe much work is needed to rebuild the erosion of the family unit, with education in parenting and compromise as priorities. We have been working in this field for ten years now and have a varied case load with a good success rate in regaining or maintaining contact within families.
We believe you will be coming to Glasgow during the build-up to next year’s election and would appreciate it if you could spare us some time during one of your visits to discuss our proposals to help families.
A couple of weeks ago on early morning radio I heard Caroline Spellman outline the Conservatives plan for the family should you become elected. This morning I heard you stating that you hope and expect your ministers to build on achievements already gained from charities etc. rather than have a complete sweep, losing any information that is already there.
We are very much impressed by this positive move toward family unity and would like to be a part of this, building on our previous work.
Representatives of our group have attended meetings in relation to Iain Duncan Smith’s Centre for Social Justice research and we have taken part in the workshop with his Breakthrough Glasgow program.
We are a support group that helps grandparents who are denied contact with their grandchildren and our approach is building bridges within families and encouraging families to work together for the sake of the children involved as they are always the innocent victims of adult behaviour. We very much support traditional family values and believe much work is needed to rebuild the erosion of the family unit, with education in parenting and compromise as priorities. We have been working in this field for ten years now and have a varied case load with a good success rate in regaining or maintaining contact within families.
We believe you will be coming to Glasgow during the build-up to next year’s election and would appreciate it if you could spare us some time during one of your visits to discuss our proposals to help families.
Friday, August 14, 2009
Freelance Journalists
Dear all,
I would like to warn you about free lance journalists who promise you payment (not even asked for) for stories then never hear from them again. The time and labour I have put into it is a big expense out of our funds for phoning our members usually at the shortest notice to take part can provide up to £1000.00p for these journalists
Two major magazines have been involved concerning £200.00p and one of £400,00p for our funds via a freelance from Stroud. The magazines knew about the deals but took nothing to do with it.
I have always went out of my way to help but how many times have you been disappointed by the stories end result, forgetting to put in your details of contact, switching the story to suit their own best interests and being told it was the editor who left it out.
What have they really done for you? Today’s internet and organisations like Facebook ‘s widespread publicity etc. Who needs freelancers when they are deceptive?
I would like to warn you about free lance journalists who promise you payment (not even asked for) for stories then never hear from them again. The time and labour I have put into it is a big expense out of our funds for phoning our members usually at the shortest notice to take part can provide up to £1000.00p for these journalists
Two major magazines have been involved concerning £200.00p and one of £400,00p for our funds via a freelance from Stroud. The magazines knew about the deals but took nothing to do with it.
I have always went out of my way to help but how many times have you been disappointed by the stories end result, forgetting to put in your details of contact, switching the story to suit their own best interests and being told it was the editor who left it out.
What have they really done for you? Today’s internet and organisations like Facebook ‘s widespread publicity etc. Who needs freelancers when they are deceptive?
Sunday, August 9, 2009
Letter from Scottish Government
The Scottish Government
T 0131-244 3322 F: 0131-244 4848E:Claire.McDermott@scotland.gsi.gov.uk
Mr James Deuchars22 AIness CrescentGlasgowG52 1PJ
Our ref: 2009/00243500R6 August 2009
Dear Mr Deuchars
Thank you for your emails of 30 July to Fiona Hyslop, Cabinet Secretary for Education andLifelong Learning, Minister for Children and Early Years, John Swinney, Cabinet Secretaryfor Finance and Sustainable Growth and your earlier email to my colleague Liam Rankin. I have been asked to thank you for your emails and respond on their behalf.
As you know the Scottish Government greatly valued the input made by stakeholders suchas yourself to the development of the Charter for Grandchildren, which was widelydistributed to a range of outlets. The Charter for Grandchildren was designed to be a non-legislative complement to the Family Law (Scotland) Act 2006. It is a document aimed at highlighting the important role grandparents and the wider family can play in supportingchildren, particularly through difficult times. The intention is that the publication can be usedby the legal profession, family support organisations and others on a voluntary basis.
During the passage of the Family Law Bill through the Scottish Parliament, the issue of grandparents' rights was discussed and it was agreed that giving grandparents a legal rightto contact with their grandchildren might not be in their best interests in every case. Anyonewith an interest in a child such as a grandparent or other family member can apply to thecourts for contact with them. In making a decision the court will hold the welfare of the childas its principal concern.
As you know, the Scottish Government firmly believes that, if a child cannot live with theirbirth parents, the first option should be to consider the ability and capacity of kinship carersin the wider family to provide the child with a safe and permanent home. You may be interested to know that the Looked After Children (Scotland) Regulations 2009 were laid inParliament on 3 June 2009. The new regulations cover planning for all looked after children;ind set out what has to happen when a child is looked after at home, placed with a kinshipor foster carer or in a residential establishment. They also cover the assessment and approval of kinship and foster carers and the role of fostering panels within local authorities.
The overall aim of the regulations is to improve the planning and decision making process forall looked after children and their carers. The regulations will mean that, for the first time. kinship carers of looked after children will have a formal statutory role. There will be a rangeof responsibilities and duties on both the local authority and the carer to meet the needs ofthe looked after child. Subject to Parliamentary approval, the regulations will come into forceon 28 September 2009. We have also commissioned The Fostering Network and the BritishAssociation for Adoption and Fostering to jointly develop a detailed guidance package toaccompany the new regulations. A training programme will also be rolled out across all local authorities in Scotland to help them implement the new legislation In cases where adoption is considered to be the best option to provide that child with a permanent safe, secure and stable home, an adoption agency must undertake a thorough assessment. This assessment takes in the wider family circumstances and will considercontact arrangements where these are in the best interests of the child. However, the final decision on what arrangements for contact between the child and their natural family,including grandparents and siblings, is a matter for the court to decide in considering an adoption application and all the evidence presented.
Yours sincerely
Claire McDermottFamily and Property Law
St Andrew's House, Regent Road, Edinburgh EH1 3DG wwwscotland.gov.uk
T 0131-244 3322 F: 0131-244 4848E:Claire.McDermott@scotland.gsi.gov.uk
Mr James Deuchars22 AIness CrescentGlasgowG52 1PJ
Our ref: 2009/00243500R6 August 2009
Dear Mr Deuchars
Thank you for your emails of 30 July to Fiona Hyslop, Cabinet Secretary for Education andLifelong Learning, Minister for Children and Early Years, John Swinney, Cabinet Secretaryfor Finance and Sustainable Growth and your earlier email to my colleague Liam Rankin. I have been asked to thank you for your emails and respond on their behalf.
As you know the Scottish Government greatly valued the input made by stakeholders suchas yourself to the development of the Charter for Grandchildren, which was widelydistributed to a range of outlets. The Charter for Grandchildren was designed to be a non-legislative complement to the Family Law (Scotland) Act 2006. It is a document aimed at highlighting the important role grandparents and the wider family can play in supportingchildren, particularly through difficult times. The intention is that the publication can be usedby the legal profession, family support organisations and others on a voluntary basis.
During the passage of the Family Law Bill through the Scottish Parliament, the issue of grandparents' rights was discussed and it was agreed that giving grandparents a legal rightto contact with their grandchildren might not be in their best interests in every case. Anyonewith an interest in a child such as a grandparent or other family member can apply to thecourts for contact with them. In making a decision the court will hold the welfare of the childas its principal concern.
As you know, the Scottish Government firmly believes that, if a child cannot live with theirbirth parents, the first option should be to consider the ability and capacity of kinship carersin the wider family to provide the child with a safe and permanent home. You may be interested to know that the Looked After Children (Scotland) Regulations 2009 were laid inParliament on 3 June 2009. The new regulations cover planning for all looked after children;ind set out what has to happen when a child is looked after at home, placed with a kinshipor foster carer or in a residential establishment. They also cover the assessment and approval of kinship and foster carers and the role of fostering panels within local authorities.
The overall aim of the regulations is to improve the planning and decision making process forall looked after children and their carers. The regulations will mean that, for the first time. kinship carers of looked after children will have a formal statutory role. There will be a rangeof responsibilities and duties on both the local authority and the carer to meet the needs ofthe looked after child. Subject to Parliamentary approval, the regulations will come into forceon 28 September 2009. We have also commissioned The Fostering Network and the BritishAssociation for Adoption and Fostering to jointly develop a detailed guidance package toaccompany the new regulations. A training programme will also be rolled out across all local authorities in Scotland to help them implement the new legislation In cases where adoption is considered to be the best option to provide that child with a permanent safe, secure and stable home, an adoption agency must undertake a thorough assessment. This assessment takes in the wider family circumstances and will considercontact arrangements where these are in the best interests of the child. However, the final decision on what arrangements for contact between the child and their natural family,including grandparents and siblings, is a matter for the court to decide in considering an adoption application and all the evidence presented.
Yours sincerely
Claire McDermottFamily and Property Law
St Andrew's House, Regent Road, Edinburgh EH1 3DG wwwscotland.gov.uk
Thursday, August 6, 2009
FathersNotGuilty - epetition response
Wednesday 5 August 2009 FathersNotGuilty - epetition response
We received a petition asking:
“We the undersigned petition the Prime Minister to prosecute women who use false accusations to restrict fathers access to children.” Details of Petition: “It is well know that many women lie to the police to prevent or restrict fathers access to their children. The Police and family courts not only turn a blind eye but their acceptance of this practice only encourages women to keep doing it. Fathers are not guilty by default! They are usually the more level headed parent, willing to put the childs interests first and yet they are criminalised by the false accusations of their ex partners. It is often the mothers who are breaking the law and putting their childs interests second to their own selfish and vindictive tendancies.” · Read the petition· Petitions homepage
Read the Government’s response Thank you for your e-petition. When considering whether to make a contact or residence order, the Children Act 1989 requires the court at all times to make the welfare of the child its paramount consideration. The Government is aware of the difficulties that can be faced by non-resident parents in maintaining contact with their children, sometimes because of the obstructive behaviour of the parent with whom the child resides. The Government believes that where it is safe and is in the child’s best interests, a child will benefit from both parents’ continued involvement in their upbringing and from regular meaningful contact with both parents. Where both parents have parental responsibility for their child they are equal before the law, and this continues after they have separated. Many parents who separate or divorce do manage to agree arrangements for their children. And only around 10% do seek a court order to resolve a disagreement. In contact cases, where one party makes allegations, or if there is reason to suppose, that a child or a party has experienced domestic violence, or that there is a risk of violence, the court must, at all stages, identify at the earliest possible opportunity the factual and welfare issues involved. The nature of the allegation or admission and extent of admission or what may be proved is also considered. The court may decide to hold a “Finding of Fact” hearing to hear the evidence from both parties about the allegations made. If the court considers that the allegations are unfounded, or less serious than suggested, it is for the court to take due account of this and the overall reliability of that party’s evidence in deciding the type and level of contact ordered. The standard of proof is the “balance of probabilities” – a lower threshold than for criminal offences that have to be proved “beyond reasonable doubt”. There are no ‘punitive’ responses to unfounded allegations and although costs can be awarded, as in any other cases, this power is not used often as it can lead to financial difficulty for the resident parent, which is contrary to the child’s best interests. The petitioner suggests that fathers are being criminalised. While breach of a non-molestation order is now a criminal offence, the focus in children’s proceedings is not on attaching blame or finding guilt but on making arrangements for children that best serve their interests and are safe for all the parties.
We received a petition asking:
“We the undersigned petition the Prime Minister to prosecute women who use false accusations to restrict fathers access to children.” Details of Petition: “It is well know that many women lie to the police to prevent or restrict fathers access to their children. The Police and family courts not only turn a blind eye but their acceptance of this practice only encourages women to keep doing it. Fathers are not guilty by default! They are usually the more level headed parent, willing to put the childs interests first and yet they are criminalised by the false accusations of their ex partners. It is often the mothers who are breaking the law and putting their childs interests second to their own selfish and vindictive tendancies.” · Read the petition· Petitions homepage
Read the Government’s response Thank you for your e-petition. When considering whether to make a contact or residence order, the Children Act 1989 requires the court at all times to make the welfare of the child its paramount consideration. The Government is aware of the difficulties that can be faced by non-resident parents in maintaining contact with their children, sometimes because of the obstructive behaviour of the parent with whom the child resides. The Government believes that where it is safe and is in the child’s best interests, a child will benefit from both parents’ continued involvement in their upbringing and from regular meaningful contact with both parents. Where both parents have parental responsibility for their child they are equal before the law, and this continues after they have separated. Many parents who separate or divorce do manage to agree arrangements for their children. And only around 10% do seek a court order to resolve a disagreement. In contact cases, where one party makes allegations, or if there is reason to suppose, that a child or a party has experienced domestic violence, or that there is a risk of violence, the court must, at all stages, identify at the earliest possible opportunity the factual and welfare issues involved. The nature of the allegation or admission and extent of admission or what may be proved is also considered. The court may decide to hold a “Finding of Fact” hearing to hear the evidence from both parties about the allegations made. If the court considers that the allegations are unfounded, or less serious than suggested, it is for the court to take due account of this and the overall reliability of that party’s evidence in deciding the type and level of contact ordered. The standard of proof is the “balance of probabilities” – a lower threshold than for criminal offences that have to be proved “beyond reasonable doubt”. There are no ‘punitive’ responses to unfounded allegations and although costs can be awarded, as in any other cases, this power is not used often as it can lead to financial difficulty for the resident parent, which is contrary to the child’s best interests. The petitioner suggests that fathers are being criminalised. While breach of a non-molestation order is now a criminal offence, the focus in children’s proceedings is not on attaching blame or finding guilt but on making arrangements for children that best serve their interests and are safe for all the parties.
Wednesday, August 5, 2009
Are MPs immune from family problems?
Would you believe if I said to you that elected members of the British Governments are immune to problems in their own families? “I don’t think so”, would be the reply. Even the Queen has her troubles
Why are the vast majority of them keeping mum on the subject? We would have thought the grandparents among them would at least speak up about the gross injustices in family law. This Is just not happening. Why! Are they all hypocrites or false prophets strutting around posing on TV and almost buying their free local papers for publicity to make a big show of doing nothing? They are a joke. What do they really do for their constituents? What can they do? Every constituent we have sent to them for help with family problems ends up being told “there is nothing I can do against social services.
Party politics is their real concern, even before their own families welfare, the proof being that there are very few of them standing up to be counted for children’s interests
On a subject as important as child welfare ‘The Best Interests of the Child’ should be paramount but not so for the government and social services. They use it for their own best interests because they are failing to use every possible means for the protection of our children.
Why are the vast majority of them keeping mum on the subject? We would have thought the grandparents among them would at least speak up about the gross injustices in family law. This Is just not happening. Why! Are they all hypocrites or false prophets strutting around posing on TV and almost buying their free local papers for publicity to make a big show of doing nothing? They are a joke. What do they really do for their constituents? What can they do? Every constituent we have sent to them for help with family problems ends up being told “there is nothing I can do against social services.
Party politics is their real concern, even before their own families welfare, the proof being that there are very few of them standing up to be counted for children’s interests
On a subject as important as child welfare ‘The Best Interests of the Child’ should be paramount but not so for the government and social services. They use it for their own best interests because they are failing to use every possible means for the protection of our children.
Tuesday, August 4, 2009
New Study Measures Benefits of More Involved Fathers
http://news.prnewswire.com/DisplayReleaseContent.aspx?ACCT=104&STORY=/www/story/07-31-2009/0005069573&EDATE=
Children face greater risk when agencies focus only on moms, overlook dads
SAN FRANCISCO, July 31 /PRNewswire/ -- Family service agencies are missing huge opportunities to help children by focusing only on mothers and ignoring fathers, according to a groundbreaking study by some of the nation's top family and child development researchers.
Children face greater risk when agencies focus only on moms, overlook dads
SAN FRANCISCO, July 31 /PRNewswire/ -- Family service agencies are missing huge opportunities to help children by focusing only on mothers and ignoring fathers, according to a groundbreaking study by some of the nation's top family and child development researchers.
Monday, August 3, 2009
A heartbreaking plea to keep a family together.
My Family Destroyed
(A mothers story)
Sobbing profusely the Scottish mother and daughter who fled to Ireland for justice has made a heartbreaking plea for legal support to keep her family together.
Her voice breaking she went on to say “Can anyone help to end this nightmare? I have no money for barristers and have been refused Irish legal aid because the Scottish social services accuse me of emotional child abuse for removing my daughter from a place where she was extremely unhappy. I have never had a court order against me. Scottish social services snatched my two children by means of lies and deceit”
“ My daughter is having nightmares at the thought of going back there again as she is so happy living with the Irish foster carers and the thought of us being together again”.
“The social workers that travelled to Ireland from Scotland were refused permission to take her back, by a judge as there was no court order against me. When they were leaving they spoke to my wee girl and put her in a state of fear and she has been having nightmares since. I’ll never forgive them for that” “I only ever wanted a fair hearing to put my case but I have always come up against a lies”
“The barrister recommended by, i think it was Irish legal aid, told me I have been refused funding and my daughter will be sent back to Scotland. A secret Woman’s Aid refuge that took me in has clammed up on me and refused me the use of their phone to call Scotland without giving me any explanation why”
Grandparents have been reporting child emotional abuse to social services in Scotland for years and they have been giving the impression, if there were no physical signs of abuse, it was all in the grandparents minds. It seems they recognise emotional abuse when it suits them.
It would appear that the social services are exercising their omnipotent power again and teaching this young mother a lesson for daring to oppose them.
To give this mother fair hearing is not in the social services best interest because they are afraid the truth would then come out. As this young mother claims she has proof of laws they have broken against her family.
A Big Thankyou.
From the Scottish mother who fled to Ireland with her daughter. “Thank you all from the bottom of my heart to everyone who has sent me support, good wishes and helpful information. Special thanks goes to, Jimmy Deuchars, Brian McNair and Ian Josephs for their kindness”.
This mother fled to the Irish republic amid claims from Scottish social services that she was an unfit mother. Her daughter sobs for her at night and pleads with her to take her back. The mother cries and says “Thank goodness the foster carers she is placed with in Ireland are two of the kindest patient people I have ever met” If you had seen this mother and daughter together you will see they were meant to be together but the Scottish social services are hell bent on persecuting this family despite having no evidence that would stand up in court.
The Irish Woman’s Aid Refuge has been very kind to her and reports about not letting her use the telephone was a misunderstanding, not surprising the stress they are under is, not knowing what lies ahead. She has not broken any Irish laws but Scottish social services claim by taking her child away she has committed emotional abuse (a joke coming from their record of snatching) The Irish courts refused to hand over the daughter to the Scottish social workers who flew over to take her back. There never has been any court orders against this mother. It is now claimed Scottish social services are being uncooperative with the Irish courts.
We say to Scottish social services. “Leave this family alone and stop interfering unnecessarily in their lives”.
Ends
Jimmy Deuchars
Grandparents Apart UK
22 Alness crescent
Glasgow G52 1PJ
0141 882 5658
http://www.grandparentsapart.co.uk
(A mothers story)
Sobbing profusely the Scottish mother and daughter who fled to Ireland for justice has made a heartbreaking plea for legal support to keep her family together.
Her voice breaking she went on to say “Can anyone help to end this nightmare? I have no money for barristers and have been refused Irish legal aid because the Scottish social services accuse me of emotional child abuse for removing my daughter from a place where she was extremely unhappy. I have never had a court order against me. Scottish social services snatched my two children by means of lies and deceit”
“ My daughter is having nightmares at the thought of going back there again as she is so happy living with the Irish foster carers and the thought of us being together again”.
“The social workers that travelled to Ireland from Scotland were refused permission to take her back, by a judge as there was no court order against me. When they were leaving they spoke to my wee girl and put her in a state of fear and she has been having nightmares since. I’ll never forgive them for that” “I only ever wanted a fair hearing to put my case but I have always come up against a lies”
“The barrister recommended by, i think it was Irish legal aid, told me I have been refused funding and my daughter will be sent back to Scotland. A secret Woman’s Aid refuge that took me in has clammed up on me and refused me the use of their phone to call Scotland without giving me any explanation why”
Grandparents have been reporting child emotional abuse to social services in Scotland for years and they have been giving the impression, if there were no physical signs of abuse, it was all in the grandparents minds. It seems they recognise emotional abuse when it suits them.
It would appear that the social services are exercising their omnipotent power again and teaching this young mother a lesson for daring to oppose them.
To give this mother fair hearing is not in the social services best interest because they are afraid the truth would then come out. As this young mother claims she has proof of laws they have broken against her family.
A Big Thankyou.
From the Scottish mother who fled to Ireland with her daughter. “Thank you all from the bottom of my heart to everyone who has sent me support, good wishes and helpful information. Special thanks goes to, Jimmy Deuchars, Brian McNair and Ian Josephs for their kindness”.
This mother fled to the Irish republic amid claims from Scottish social services that she was an unfit mother. Her daughter sobs for her at night and pleads with her to take her back. The mother cries and says “Thank goodness the foster carers she is placed with in Ireland are two of the kindest patient people I have ever met” If you had seen this mother and daughter together you will see they were meant to be together but the Scottish social services are hell bent on persecuting this family despite having no evidence that would stand up in court.
The Irish Woman’s Aid Refuge has been very kind to her and reports about not letting her use the telephone was a misunderstanding, not surprising the stress they are under is, not knowing what lies ahead. She has not broken any Irish laws but Scottish social services claim by taking her child away she has committed emotional abuse (a joke coming from their record of snatching) The Irish courts refused to hand over the daughter to the Scottish social workers who flew over to take her back. There never has been any court orders against this mother. It is now claimed Scottish social services are being uncooperative with the Irish courts.
We say to Scottish social services. “Leave this family alone and stop interfering unnecessarily in their lives”.
Ends
Jimmy Deuchars
Grandparents Apart UK
22 Alness crescent
Glasgow G52 1PJ
0141 882 5658
http://www.grandparentsapart.co.uk
Sunday, August 2, 2009
Protest
Description
We have Teamed up with USFI, Grandparents Apart, New Fathers 4 Justice, Real Fathers 4 Justice, Mums House Ireland, and Change Matters (all these groups confirmed to be taking part) to protest at Ireland Courts because the only way to end all of this pain and change things is to work with each other and all stand together as one.We will arrive at the Courts at 14.00 ,
We are protesting about our rights as fathers, mothers grandparents and children, These rights are flawed across the justice system, Access, CSA, Social services, Parental Alienation, False Allegations, Child protection plus more than i could list !We all feel pain and suffer each day in our own way, all because off our governments and hostile justice systems that try to control us.
The only way to end this pain and suffering is all stand together as one voice all fighting against this inhumane system.Please contact your local press and inform them and join us.Please bring banners and everything you can to make our voices heard,
We have Teamed up with USFI, Grandparents Apart, New Fathers 4 Justice, Real Fathers 4 Justice, Mums House Ireland, and Change Matters (all these groups confirmed to be taking part) to protest at Ireland Courts because the only way to end all of this pain and change things is to work with each other and all stand together as one.We will arrive at the Courts at 14.00 ,
We are protesting about our rights as fathers, mothers grandparents and children, These rights are flawed across the justice system, Access, CSA, Social services, Parental Alienation, False Allegations, Child protection plus more than i could list !We all feel pain and suffer each day in our own way, all because off our governments and hostile justice systems that try to control us.
The only way to end this pain and suffering is all stand together as one voice all fighting against this inhumane system.Please contact your local press and inform them and join us.Please bring banners and everything you can to make our voices heard,
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