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Judge orders boy 11 to live with father he hates

89 replies

atlantis · 24/01/2010 11:47

An appeal court judge has upheld the the order that a boy aged 11 should be removed from his mother, whom he is thriving with, and live with his father who he hates and has not seen for four years;

www.dailymail.co.uk/news/article-1245603/Judge-orders-boy-11-live-father-hates-seen-years.html

The rights of the child, including his human rights being clearly ignored.

This is becoming more common that fathers 'rights' are viewed as more important than a childs right to a happy, healthy family life and the best interests of the child are being ignored.

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sarah293 · 24/01/2010 13:33

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solo · 24/01/2010 13:37

My Ds is 11, hasn't seen his father since he was 3.6 and even though I've never bad mouthed his father, Ds hates him. It is possible for children to develop their own feelings and opinions about individuals.

dittany · 24/01/2010 13:37

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Mongolia · 24/01/2010 13:41

"It just shows that fathers' "rights" are about ownership of children rather than relationships"

Although I don't like the generalisation... I think that in my very pery personal case I have surprised myself thinking that exh discuss access to DS as if we were talking of a shared ownership of a car. He rarely stops to think what does DS needs, but has a very clear idea of his own needs on when and when not to see DS. It is about what suits his job, his social life, his financial interests, not what suits DS.

atlantis · 24/01/2010 13:43

"He has mental health problems and the judge told him to prodice medical records but they couldn't find anyone to apy for them to be printed - i offered but apparently this is no good, so consequently they are not in the file for consideration."

If there is a paper chain to his mental health problems then you need to keep banging away for these medical records.

When the guardian and solicitor are appointed for your child this will be funded by legal aid, the legal aid will pay for his medical records.

You can also request a psychological assessment for the ex, which will also be covered by the legal aid the guardian and solicitor are awarded.

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dittany · 24/01/2010 13:43

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seeker · 24/01/2010 13:47

It's in the Daily Mail. Therefore by definition it is half a story heavily biassed and probably factually inaccurate.

GypsyMoth · 24/01/2010 13:47

tarty...my ex has mental health issues too. google a mckenzie friend. they can help and advise and are free (i think) just require travel expenses etc.

because of the mental health probs i requested a forensic psychological examination. threw up alot of worries as well as his medical rcords....there were about 6 suicide attempts on there for a start.

Mongolia · 24/01/2010 13:47

What do you do when police says you can not use records of DV you were subject to without the permision of the perpetrator? Just wondering, because that really baffled me.

atlantis · 24/01/2010 13:48

"It's in the Daily Mail. Therefore by definition it is half a story heavily biassed and probably factually inaccurate. "

It's also in the telegraph (second link) and has been in the times and guardian at other times.

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atlantis · 24/01/2010 13:50

"What do you do when police says you can not use records of DV you were subject to without the permision of the perpetrator? Just wondering, because that really baffled me. "

Cafcass will do a criminal records check on both parents.

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dittany · 24/01/2010 13:53

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Flightattendant · 24/01/2010 13:54

'the mother will have flouted the contact orders for it to have got this far.'

Perhaps she flouted them because her child expressed extreme distress when he was supposed to see his father?

In which case bloody good for her.

Can't believe some of the weird propaganda being spouted on this thread.

Mongolia · 24/01/2010 13:54

I know of someone trying to get the records to hand to Cafcass and that's exactly what the police said to her. Cafcass adviser apparently not very proactive, simply because of the huge amount of work she already has.

GypsyMoth · 24/01/2010 13:57

flightattendant....her order would have a warning attach for committal to prison if she doesnt adhere to it. would being away in prison be good for her son? we dont know the facts here.....was this man abusive??

Flightattendant · 24/01/2010 13:59

No, we don't know the facts, so bit of a pointless discussion I suppose...

however having a warning about not complying and having a screaming child clinging to you is a bit of an unfair choice to have to make isn't it.

GypsyMoth · 24/01/2010 14:02

have fought that for 2 years flightattendant. but then.i'm justified,my ex is abusive.

children dont always want to go to the dentist or school do they? but we take them anyway as its in their long term best interests.

atlantis · 24/01/2010 14:07

"Cafcass adviser apparently not very proactive, simply because of the huge amount of work she already has. "

Under the s120 policy into the Safeguarding Framework of which cafcass must comply and inclusive of their dv toolkit the cafcass officer would be neglegent if she did not do a Criminal records check.

It's also grounds to appeal any outcome when something is missing that should be there.

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Flightattendant · 24/01/2010 14:11

yy tiffany

but we just don't know, he may have been abusive, he may not

my ex was/is, and I would go against a court order if my child was at risk

tartyhighheels · 24/01/2010 14:12

My daughter tried to harm herself and run away form school to prevent contact - at 8 years old. All very serious stuff and she is recieiving help. The medical records are a key thing in my situation because i believe there have been suicide attempts. We don't know how this woman has arrived at this situation.

Not sure a MacKenzie friend can help me when I googled it, the judge wasn't happy for me to even have a victim support person to sit with me when they were asked it was seen as an unfair advantage (sounds like a game of chess) - with the court being a closed one i am loath to annoy the judge. My judge had actually heard evidence from richard gardner re PAS because he told us this when the ex brought it up.

On tuesday evening he walked right up to me in the street as i was putting the children in the car - my oldest has been incredibly distressed all week becuase of this, in trouble at school and so emotional becuase she is scared.

All the time my children feel like this then I will do what I can to keep them safe no matter what it takes because I feel they need protection and the court treats them like possessions that we have shares in.

Could I also say that this a warning to any woman who does not report violence in the home. I have not got a leg to stand on with this now becuase i only reported one incident and it went nowhere. My daughter however saw lots of things and reported them at school and now gets helps but apparently this is no good either as i could have coached her to say this!!!

It's a mad world....

Awassailinglookingforanswers · 24/01/2010 14:16

don't lecture me either dittany,

My DS's already know in simple, non graphic details what H did, and (again in basic details) why. They still love their daddy, and he still loves them.

tartyhighheels · 24/01/2010 14:19

Flightattendant = my ex was/is, and I would go against a court order if my child was at risk

I have done this and I am up to my eyeballs in shit as a consequence. I have been told to encourage the children to go to the contact centre, even though the contact centre also said that they did not feel they had enough security to deal with him if anything happened. It's really scary going against an order, if the judge has made this and you defy it then you have to work even harder when you go back into court again. It is a shame that these courts are closed in a way becuase I do feel that sometimes its all a bit arbitary to say the least.

atlantis · 24/01/2010 14:23

"the judge wasn't happy for me to even have a victim support person to sit with me when they were asked it was seen as an unfair advantage"

The presidents guidance is clear as of 14th october 2008. The right to have a layperson/ mckenzie friend if you are representing yourself www.familylaw.co.uk/images/Teasers/Reissued_McKenzie_Friend_Guidance_October_2008.pdf.

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GypsyMoth · 24/01/2010 14:27

i was just going to say that atlantis....you need to know your rights here tarty.

atlantis · 24/01/2010 14:32

"with the court being a closed one i am loath to annoy the judge. "

If a guardian and child solicitor are being appointed you should be passed over to another judge at present you should have a district court judge next you will have a circuit judge whom you should address as 'your honour' and stand when speaking.

I think you also need to get some help with case law especially against PAS which has been ruled by the appeals court as ' not very helpful' and there are a number of court documents relating to PAS especially from Sturge and Glaser's.

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