An unpalatable truth about Scottish/UK's Children Welfare Courts(CWCs)- Reflection of an Ongoing Personal Experiences.
By Denboba Natie, Scotland, UK
'One of the truest tests of integrity is its blunt refusal to be compromised' Chinua Achebe
This article is about an unpalatable reality about the Scottish and UK wide Children and fathers during pre and post separation or divorce periods. The link below also highlights these; http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/chilflq9&div=21&id=&page=.
I'm not arguing about the over all objectives for the fundamental establishments of Scottish (UK) noble justice systems including CWC- and the essence and principles underpin them. When the Scottish/British forefathers envisaged just, fair and impartial judiciary systems, they haven't dreamt that once up on a day in CWC's one person would be allowed to erroneously unquestionably decides on the fates of very small children during their tender ages without following the proper procedures laid out in Black and white. It's also equally saddening for the said forefathers (if they were alive to witness the tragic failure we witness on daily basis in the CWC) to see most of the Sheriffs obliviously ignoring these glaring mistakes without even bothering to raise a single question about the fact that the procedures and protocols in such sensitive areas weren't strictly followed and adhered to.
The following link is also one of such case studies linked with Scottish Children welfare hearing http://books.google.co.uk/books?hl=en&lr=&id=bYifG8pH_ioC&oi=fnd&pg=PA177&dq=Biased+Child+welfare+hearing+in+Scotland&ots=WZKnhyDEzJ&sig=iMoQ-Qc0r3Vyl-9KBMAryCmnJ80#v=onepage&q&f=false
I've also reasonably explored to learn more about the fact that whether the Scottish and the entire British forefathers have imagined in their remotest dreams that the rights of women will be highly, but cosmetically politicised to be wrongly prioritised over the rights of children to seriously undermine the very rights of Children for whose protection the courts were conceived. As these rights are also internationally protected, fair and unbiased hearings are not particular to the rights of Children, but they are also unambiguously guaranteed to both parents without favouring one over the other. Article 8 and 6 of European human rights conventions clearly support this argument.
The Status Quo in Scottish CWC seems increasingly unsustainable as the said courts mostly don't comply with the above internationally accepted obligations. The argument on the facts that all involved in CWC are seriously undermining the above noble principles remains defensible unless the entire systems are shaken up for the best of Children's rights. Contrary to this, when an institution once established to safeguard the interests of Children turned to be a place where the lawyers, some judges, curators and reporters tacitly support each other to maintain the status quo obliviously keeping silent---instead focusing on mere paper works from which they all make money. Of course as lawyers, curators, reporters and judges they can't get employment unless there are issues to be addressed. However, their professional practices at such sensitive areas shouldn't be at the expense of grossly undermining justices systems that were established to protect the rights of vulnerable children under whatsoever explanations! This is and remains indefensible under whatsoever definitions!!
Additionally, the Scottish and UK wide forefathers haven't envisaged that the systems they have enthusiastically established based on the ethos of democracy, democratic principles and justice would entertain lies, deceits and vile and unfounded fabrications targeting fathers based on hatred and made up histories of one party- the lies that are taken on their face values (if they are from female party in most occasions). Such unbalanced and unrealistically reached conclusions by all involved places the Children concerned at prime position of systematic victimisation; the situation under which the Children are left with no choice apart from being obliged to suffer in silence not knowing where to turn to- as one of the important persons in their life taken away from them. I don't think that there can be any heinous crime than deliberately depriving Children of their rights to be either with fathers of mothers who are once were part and parcel of their lives without justifiable reasons!
The second victims in the cases of Scottish CWCs are separated or divorced fathers whose cases are systematically and deliberately dragged to last for several years whilst some of malicious curators in collaboration with some judges (all of whom took the law into their hands blatantly refusing to follow simple procedure laid out for them) make sure that the children concerned are made to erase the memories of their dads from their tender lives totally disallowing contacts. Such is a systematic crime knowingly or unknowingly being committed against the very rights of Children at their tender ages under the pretexts of protecting their rights in most of Scottish CWCs.
I wonder whether such practices are fit for the purposes of 21st century Scotland and wider UK!
I've also humbly learnt that this Island's forefathers didn't think that the curators, the reporters, the judges, the solicitors or lawyers and at worst the whole spectrum of peoples making up the 'noble Child Protection Justice systems' at the heart of decision making process are the ones who are seriously undermining its integrity. The procedures and the values of the systems are made to voluntarily surrender their core ethos on protecting the rights of children to symbiotic relationships; the relationship that often posses silence even whenever something terribly goes wrong contrary to the ethico-legal prerequisites; the link below narrates about some of these issues; http://heinonline.org/HOL/LandingPage? collection=journals&handle=hein.journals/cajfl1&div=32&id=&page=.
The unpalatable additional fact here is that the interest of corporate businesses under the guise of independent judiciary systems is taking over the aforementioned ethos of CWCs. As I have witnessed in the past 4 years and others several thousands of fathers in my position have witnessed for the past at least three decades these are wide spread practices. I'm not rationalising the entire professional here. However the majorities of practices that are daily phenomenon in CWC speak volume. The said adverse actions seriously undermine the whole principles of the Justice systems- it's created to safeguard. When this becomes the case with Child protection, it will be extremely mind boggling!
Any morally sane person can't comprehend the fact that when any child is disallowed to have contact with their fathers under normal circumstances! How come the child accepts such verdicts? Are the fabrics of humanity is totally obliterated from the psyches of those who are involved in the said systems when lucrative financial gains intoxicate and made most of them to ignore the noble principles over which the Children Courts were established? What does the society at large has in place to defend these noble principles currently seriously undermined by the aforementioned powerful establishments? Do we need to remain oblivious?
I can't and never be able to stop wondering as to why such a highly regarded professionals (Judges, lawyers, solicitors, Curators, reporters.....) in trusted institutions obliviously abuse their publicly entrusted positions in a country or countries where the rule of law is being fully exercised. Why does also this happens against the rights of Children at their tender ages under whatsoever pretexts unless there is founded and proven threats to their safety? How one curator, the judge and the lawyers deliberately make up crimes against fathers to cut natural bonds fathers and children have and how they grossly violate the rights they are fundamentally entitled to? Why do the said groups obliviously compromise the ethical standards of their highly regarded profession embellishing it with dramas of various shapes and forms without actually feeling the sufferings of children involved primarily and an ongoing agonies of divorced or separated fathers at large?
It is inconceivable and pretty difficult for civilised person with integrity who never condones any forms of injustices and favouritism in particular in democratic countries to rationalise the fact that CWCs in a free land where the authorities (politicians) have zero influences over their independences- the CWCs systematically and deliberately undermine the very rights of Children they claim of protecting. This is an unsettling and the saddest realities unfolding in Scotland in particular in the wider UK in general as we speak. It's tragically unpalatable fact under which the UK's thousands of children of separated or divorced parents and their fathers are obliged to live under. Why? Do we call ourselves moral if we fail to address these elementary justice Children deserve to enjoy?
During the periods leading up to divorce after separation, Children are automatically obliged to be left with mothers (the act I wholly support under genuine and fair circumstances). Immediately after the separation the concerned children are directly or indirectly brain-washed by their estranged mothers, most of the curators and reporters where on most occasions led to believe fabricated lies against their fathers and systematically coerced by the very court curators to think that they don't need their fathers in their life for whatever reasons (often fabricated by mothers and their court assigned 99% female curators). In their little yet inquisitive brains which is so sensitive, fragile and tender, the Children concerned will undoubtedly experience the most abhorring and serious emotional and psychological troubles in silence simply because the kinds of warnings they are strictly given and persistent scaremongering talks about their dads being evil creature makes them to be lost in the unknown wilderness. Due to this, the level of emotional and psychological trauma they are subjected to will be incomprehensible!! By doing so, most mothers after separation and curators will collectively pose serious threats to the well-being of the children involved under erroneous pretexts the make the kids to live under constant fear and insecurity.
Ample qualitative researches also reveal that the children who are obliged to be under such tragic circumstances blame themselves for all problems occurring between both parents without their crimes. Such strong feelings unfortunately lasts for life if it's undone in time. The said empirically proven life long issues related with children involved hardly draws the attentions of most mothers, judges, lawyers, solicitors, curators, social work personnels (in most cases who claim that they have learnt lessons after the loss of lives and perhaps life long damages are being done to the children involved). I can list down hundreds of such cases from the UK alone.
The irony in this case is this. For instances, when I write about the fact that the kind of the said injustice that is common practices in Scotland and wider UK's CWCs, peoples of various countries in particular who hold the views I held before I was obliged to taste the bitter truth once I'm involved in the said saga- may not be able to comprehend and wholly convinced by this argument. This is simply because, it's will be very difficult for people like me who fled persecution and injustices of all forms and shapes from another country where the rule of law is hardly practicable or only symbolically exists. This belief also remains beyond compression for the fact that in the countries like Great Britain few groups of highly qualified professionals (lawyers/Curators/judges) who are at the helm judiciary systems deliberately underemphasise the fact that they are causing more damage to the Children than benefiting them when they unreasonably deprive the rights of kids to have access to their both parents equally unless their is founded risk to the Children involved. This won't be defensible even in the contexts of the land I fled persecution from in terms of the rights of Children once they are taken to courts- if political elements are unassociated.
To my believe, Scotland and the wider UK is one of the highly regarded countries those are known for having staunch stances on protecting the very essence of democracy and democratic values, the rule of law, fairness and respect for individual, collective and religious rights and tolerance. I can speak with great degree of certainty that there is no political interferences in the professional exercises of Scottish and wider UK courts- be it CWCs or criminal justice unlike the hellish land, the land of utter brutality I had left behind.
In the land I fled persecution from, numerous Kangaroo courts are often remote-controlled by government officials where the judges, lawyers and other law enforcement officials don't have control over. Even if the law enforcement professionals want to discharge the duties of their positions, thy can't do so unless they voice politically motivated judgements the rulers want them to affect. The contrast between the land I left behind and my new land -the Scottish judiciary systems are incomparable. Therefore, I won't be able to be convinced that the status quo is fair and just in terms of CWC in Scotland and wider UK.
Thus, with my genuine and unbiased judgement I don't think that any civilized person with fair judgement will be able to accept the Status Quo in the case of Scotland's CWC. I might be able freely exercising my rights to freedom of expression where I'll be able to name & shame those who are responsible for their deliberate actions against the rights of Children or professional inadequacy whilst working in such sensitive courts. I will use my rights based on factual evidences that are easily available.
Besides, to reverse the said tragic acts of Scottish and UK wide CWCs, there must be a change and that needs to come urgently. Depriving the rights of Children under whatsoever pretexts and fabricated explanations, the impact of discontinuing contacts of the child with their fathers during pre and post divorce on the well-being of children; and the significance of psychological traumas father involved are subjected to mustn't be underemphasised by all parties. All involved in this very sensitive job must think twice before they priorities their tacitly communicated corporate interests at the expenses of Children at their tender ages should think thoroughly and humanely.
The arrogance of all involved, their lack of considerations and failure in properly addressing the issues of fathers contacts- instead focussing on mere paper works without actually giving slightest care for the whole aspects of children and fathers involved will remains one of the fatal mistakes to be made in the modern Scottish/UK history. The all round needs of children involved which are all Scientifically supported never draw the attentions of mothers, curators, reporters, some judges and others Child protection statutory organisations, most of whom regret after the worst things have occurred to the children'. These must be seriously looked into. The link below narrates about the fact I'm arguing; http://www.tandfonline.com/doi/abs/10.1300/J087v16n03_03.
This is an ongoing reality which numerous Scottish CWCs are hugely involved in their day to day deliberations-that must be seriously looked into. If they believe that in the twenty first Century justice must be fairly served on behalf of all Children and fathers both of whom are left with no choice but to suffer in silence; all must revise their all practices as a matter of urgency and Scottish government takes the necessary actions before the situation gets worst than it currently is!!
'One of the truest tests of integrity is its blunt refusal to be compromised' 'Chinua Achebe'
Denboba Natie, Scotland, UK
