Judge appeals for Christmas reunion for fathers and daughters

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Friday, December 18, 2009
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This is Bristol

A family court judge has pleaded for a Christmas reunion between a devoted dad and his two young daughters whose mother died after a three-year fight against cancer.

Lord Justice Ward said the case was one of the most heart-rending he had ever come across in his 21 years as a judge.

The girls, who cannot be named for legal reasons, have only seen their father once in the past year and have, in effect, been orphans since their mother's death, he told London's Civil Appeal Court.

Since the man split from his wife 10 years ago and the girls went to live with her, the judge said there had been 40 or so court hearings in a bid to map out the children's future.

But contact between them and their father broke down and, after the mother's "horrible" death from cancer, they moved to live with their 75-year-old grandmother in the Bristol area.

A Bristol County Court judge ordered at the end of last year that the father should have contact with the girls at Easter, in summer and at Christmas. But he has only seen his children once since then.

The father has no means of contacting the grandmother and has no idea where she lives with his children.

He brought a fresh application for contact, which was refused at Bristol County Court in September this year.

The father, dressed in a suit, appeared at the Civil Appeal Court in a bid to win permission to appeal against that refusal – but Lord Justice Ward told him his application was "doomed".

The judge urged the grandmother to let the father see his daughters at Christmas. He said if that did not happen, the dad could come back to court and make yet another contact application.

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  • Profile image for kissedangel

    by kissedangel

    Wednesday, July 06 2011, 12:53PM

    “Just read this article. Full of wind. International Law and the directives of the EHCR gives Justice Ward the powers to make the necessary orders and enforce these orders. Also if it was a CSA issue taken to the Court, the court would have had no problems tracing the father and if the father did not appear, a warrant would have been issued against the father. The matter would have been treated like interpol chasing a suspected bomber. Yet again the media is being used, whilst a Judge sits there and does nothing. A lot of countries are breaking ground on this issue, but it appears that all certain Judges do is spend time singing into a microphone, for the media. The day I read that a Judge sanctioned criminal proceedings against an offending alienating parent or local authority for its abuses against children and their families, then the singing will sound sweet.”

  • Profile image for This is Bristol

    by Donald Tenn, United States

    Wednesday, December 23 2009, 3:57AM

    “I could go out in the street right now and show this story to 100 people and 99 of them would say these little girls should see their daddy.

    Personally I believe the little girls should have been seeing both of their parents EQUALLY until mom died, then they should have moved home with their daddy.

    Parental Alienation IS CHILD ABUSE and anyone who abuses any child any where should be imprisoned for doing so. Their title should not be considered, mom, dad, grandma, grandpa, judge, attorney, if you abuse a child you go directly to jail!

    Start locking up a few of these abusers and see how quickly the problem goes away...

    It has been 4 years since my daughter was abducted. I too have a court order but Mom says, "No". Let's set an example for everyone by locking up Shannon Phillips and Kathy Waseen for abducting and abusing my daughter Madison.”

  • Profile image for This is Bristol

    by Dave, Filton, Bristol.

    Monday, December 21 2009, 5:07PM

    “I was delighted to greet Nigel Ace, local Co-ordinater for New Fathers 4 Justice at Canterbury last week and sensed an air of optimism, and this was reflected by a lack of superhero's climbing on things and more a sophisticated approach to get this crucial message across to the Archbishop and the wider public.The BBC and other media organisations are quick to ridicule Batman without asking why is he on Harriet Harman's roof! This makes it imperative to show first hand accounts such as this on how the appalling Family law courts treat the caring Dads and rely too heavily on the erroneous social services (the same incompetents responsible for Baby Peter, Victoria Climbe, Khyra Ishaq and the many thousands of other children's tragic stories that never reach the headlines till it is too late to help them!)

    Could the New Supreme Court hold the key?

    We are all aware that miscarriages of justice happen in the best of magistrates courts even under the scrutiny of the press and public, then the process is put in place for appeal and a mechanism exists to put these failures right! In family Law courts the judge is under no such scrutiny and accounts to nobody, so when children are wrongly taken from their parents and may entre the care system they are lost for good and no such course of redress exists.The judges cover their backs by saying they have acted on the ('snapshot') findings of a CAFCASS reporter or the like who in turn will not seek to upset the apple cart as it will, at the very least, mean more administration for them, whilst cloaking an over bureaucratised and equally secretive and unaccountable social service system, with of all people Ed (so what)Balls at the helm!?! (Lets support Nevres Kemel and offer a whistleblower amnisty)The same rule applies to a caring father as the mother is empowered to prevent the Dad seeing his own children, whilst that child may be raised by a stranger who has not spent 30 seconds in a family court room and will inherit the former family home which could be the culmination of your life's work and what you had intended to serve as a safe and secure home to raise your children! (Ironically Lord Justice Ward wrote about this in The Times 1st May 2008)
    The Good mothers are also penalised by all this as they try to make good a broken relationship and working part time to make things work whilst not putting undue demands on a Dad, via the state sponsored bandits in the form of the CSA (who expect good Dads to pay twice), who shows little interest or support for the mother!
    Don't forget also the extended family who also lose out on their most vulnerable family members, such as grandparents these 'bastions of commonsense and stability' who are being snubbed as the logical mediators in all this, or indeed carers whist parents sort out their difficulties rather then the children being forced into care. Why are they punished for their parents mistakes when maybe it is the parents that need to be taken to one side and taught some basic but far reaching parental responsibilities? It is also a double whammy for a grandparent as they see the heartbreak of their own children as well as the 'no contact' with their grandchildren.The whole system flies in the face of our given norms of past generations, and with legal professionals earning £200 per hour to advise separating parents and £2000 per court appearance what possible incentive is there for mediation or conciliation when the endless pot of legal aid shows no sign of emptying any time soon!
    So I for one will stand firm with the good Dads of F4J and like Nigel it is probably too late for the benefit of our own children as childhood is quite a short span of time, and ask who will stop this atrocious law and reform it for the true welfare of the little heard children and this made paramount and not the pretence currently dished out in this appalling

    Family Law Court System!”

  • Profile image for This is Bristol

    by Rich Adams, Taunton

    Sunday, December 20 2009, 6:21PM

    “This case shows how inept and toothless the present Family Court system is.

    In the 21st century, dads deserve the right of automatic access after family breakdown unless the child is at risk and not the present system that sends them into poverty, broken court orders, depression, and a biased family court system shrouded in secrecy. A Family law system where judges are not made accountable for their decisions and can make up the rules as the go along. Is this right? Should this really happen in the modern day UK?

    What really happens when a relationship breaks down? Why does a father not have a legal presumption of contact to his children if he poses no risk?

    The reality is that most of us know somebody ¿ a friend, family member, or perhaps just a colleague ¿ who has experienced difficulties seeing their children following relationship breakdown, the true scale of the problem has been disguised and played down by the Government.

    In all other aspects of law, people are presumed innocent until found guilty but in family law it is the other way around. Dads are immediately assumed guilty and forced by CAFCASS and the family courts to prove their innocence and the love they have for their children, which can sometimes take years - during which time the child and father's contact is denied or minimal.

    Mum could move a new partner in the same day as the dad leaves the martial home yet is this person subjected to the same checks on his background or suitability - NO !!. Does anyone ask then is this in the best interests of the child /children involved - NO !! Remember Baby P and the Shannon Matthews case!

    Children need and deserve contact with both a mother and a father and with extended families to provide the love, care, nurturing and discipline necessary for a happy childhood.

    The only people that win from family breakdown are the experts, Judges and family law firms that ride on this Government Family law gravy train and eat off the carcasses of family breakdown. The Legal Aid bill for child contact and residence disputes is fast approaching billion pounds per year.

    For years, groups such as New Fathers 4 justice have been warning of the social consequences of family breakdown and the connection with crime and teenage pregnancies.

    It is absurd to pretend, as do some commentators and criminologists, that rising crime is just a figment of our overworked imaginations, exacerbated by a hysterical Press or a sense of nostalgia for a time when policemen patrolled the streets and a real sense of community still existed.

    The truth is that less than 50 years ago ago we did have probably the most peaceable, crime-free society the Western world but we can hardly say the same today, when the shadow of fear is always present our social structure seems to be deteriorating so quickl

    This inequality is what drives New Fathers 4 Justice members to climb bridges and buildings, most of whom never had a criminal record until denied access to their children. Loving dads who would rather be spending their time with their children than getting cold on a rooftop. This will not stop until the law is changed

    As much as women deserve equal pay in the workforce fathers deserve equality when it comes to contact with their children.

    Equality for all please - not just when it suits”

  • Profile image for This is Bristol

    by hannah, bristol

    Sunday, December 20 2009, 12:16PM

    “What i cannot understand here is why the father does not have his entitled parental rights?how old are the children?i know if they are of considerable age then they can decide what they want and that can sway the decision, but come on, let the man see his daughters at christmas.”

  • Profile image for This is Bristol

    by Sally, Bristol

    Friday, December 18 2009, 5:41PM

    “This is terrible how can a man be stopped from seeing his kids like this”

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