The
UK’s Children Welfare Courts; Mockery of
Justice in Civilised Country or Fathers’ Demonising Venues?
By
Denboba Natie, February 14, 2014
Since human beings established socially
responsible systems guided by morality, peoples of various regions have
developed moral code which later on regarded as law; long time before today’s civilisation
came into existence. Our forefathers and mothers have created such morally acceptable
systems with the objective of assuring justice and fairness for all, in
particular protecting and safeguarding vulnerable, defenceless and the weakest.
All religious doctrines widely advocate these noble human values; they all also
genuinely believed that we all human beings deserve fair treatment and should
be supporting the weakest and vulnerable. The said morally built systems in
most parts of world have been practiced for several millennia.
Although on occasions the most powerful
groups of society use these laws for their own personal gains as centuries
progressed (as we practically witness it today); however, the overall objective
of having the aforementioned law (whether the written or unwritten) is entirely
based on morality, therefore it remains as a highly regarded human value.
Child’s life begins from the first
date it was conceived and then grows to a fully developed miniature human shape
(in mother’s womb) to be born approximately after 9 months. From the date of his
birth, the child further develops and grows to a full adulthood after 18 years.
In similar manner, the systems created by human society evolved from their
embryonic stages to maturity through generations depending on individual societies’
socio-cultural and politico-economic dynamism. While some laws moved to be more
progressive, accommodating and timely; others remain stagnant and regressive at
times becoming less fair than they were over hundred years ago. Besides, most
of legal systems improved to assure their compatibility with modern society and
to satisfy ever-growing demands and unquenchable hunger for justice and
fairness (involving global, regional and local pressure groups created for
equality of all), the others in some legal disciplines are sadly travelling
backward.
Since early 1980s in particular, Western
democracies are becoming excessively biased towards mothers’ rights under unfairly
facilitated systems- unfairly favouring them since the rights of women are
highly politicised and the issues are started to be treated with utmost, yet cosmetic
sensitivity. As the campaigns of feminist lobbyists become more rigorous the
rights of children were severely and unlawfully crushed under various explanations
involving automatically labelling fathers’ as abusers and irrelevant part of children’s
life once they are separated or divorced. The systems become not only unfair to
fathers’ involved, but also the law enforcers already began seriously violating
their fundamental rights to family life -by only needing them to pay child maintenance
which fathers happily do for their kids. In the processes of such unpalatable sagas,
the rights of Children are equally violated when the child is denied access to fathers
and obliged to live with only his mother without due considerations for his emotional,
psychological, developmental and others natural needs the children naturally
deserve to enjoy. Thus, the situation becomes pretty obfuscating and difficult to
comprehend.
Additionally, when fathers are continually
belittled by the system in a law abiding country where judges, solicitors, social
services personnel, police and others law enforcing bodies don’t have pressure
from the government concerned, it’s so disappointing to see fathers are
becoming victims of miscarriage of justice and deliberately coordinated delays
whilst seeking justice for their children and their fundamental rights. This is
astonishingly shocking when it’s compared with the formerly treasured values on
fairness and justice for all. In particular, the shock becomes severe when this
is directly related with the rights of children (vulnerable and defenceless) in
their tender ages while the court works hard to entertain lies of majority of mothers’
who are often determined to hurting their estranged husbands’ without slightest
consideration for their children’s needs. I however exclude from this
accusations millions of responsible mothers who prioritise the needs of their children
even under difficult situations; and equally accuse violent and irresponsible fathers.
The topic I’m going to discuss is ‘Child-fathers’
relationship post-divorce and post separation in the UK’s Edinburgh sheriff
court. When I am saying this, I’m not going to talk alien issues, rocket science,
complicated mathematical and chemical formulae and their calculations. I’m
going to discuss simple and real thing which is about my best friend’s life and
his ongoing sufferings as justices becomes distant from him and his kid who is
left with no choice but confused and bewildered- year after year. The case has
taken him for almost half a decade and not over yet. The aforementioned unpalatable
story is this; although I’m going to discuss fraction of realities surrounding
over 4 and ½ years saga in Edinburgh’s Sheriff Courts’ Child Welfare court
(family unit) (Scotland) which can’t be exhausted with this brief article.
Mr Wallace is a 42 years old Scot,
British father who was apparently having unrestricted contacts with his child
after his wife and he were separated based on mutual agreement when their
relationship becomes irreparably damaged; suddenly his estranged wife denied
him contacts to his child under various fictitiously fabricated stories –the
stories wholly and unquestionably accepted by the courts and others involved.
Prior to their separation and
subsequent divorce, Mr Wallace managed to get his wife’s agreement therefore they
were able to sit down to decide that they won’t be able to live together as
doing so wasn’t pleasant to both of them, and more essentially to the child involved
simply because Mrs Wallace’s behaviour grown to be irrational and erratic- involving
physical aggression. Mr Wallace also sorted out all the necessary financial
arrangements including making the necessary preparations by putting order for standing
order to pay 15% of his salary on monthly basis to his child’s mother which is ongoing
to date. He and his estranged wife also prepared an informal separation agreement
which involves child support, care arrangements, property they own and for the place
one party to move to. Mr Wallace initiated such wise approach in order for both
party the separation to be less stressful and the transition to be smooth for
their child most.
Primarily, Mr Wallace has planned
to move out, however, eventually Mrs Wallace decided to move herself with the
child instead. This was simply because she wanted to avoid mortgage payment so
that Mr Wallace can continue living in their property to pay the mortgage for
their matrimonial property. She moved with the child to the properly primarily Mr
Wallace rented for himself. Mr Wallace fundamentally didn’t complain with her final
change of mind as long as his child is safe and has got unrestricted access and
continue to be part of child’s life and upbringing. Mr Wallace has shown utmost
civility during their separation process although the pain whenever he thinks
about the fact that he can’t be with his beloved child on daily basis as he used
to be is excruciatingly painful. Moreover, whenever he thinks the unpredictability
of his child’s mother’s behaviour whenever she makes any decisions involving aggression;
he can’t help worrying about the safety of his child and unforeseen even before
the worst case scenario has unfolded.
Nevertheless, he was positive and open
to any arrangements as long as the interest of the child remains the centre of
all decisions and the child is given the necessary care, love and affection and
ultimately unrestricted contact with both parents as long as there is no
serious issue obliging both parents to act otherwise. Therefore, Mr Wallace
tried to avoid any confrontations and negative approaches by treating all matters
relating with Mrs Wallace sensitively. Mr Wallace also remained cautious since
the child was born about his estranged wife’s erratic behaviour to him as well
as to their child involving treating child violently and unpleasantly when she
reacts to any issues without caring for psychological wellbeing of the child;
never mind husband and the relationship.
The contact denied for more than a
month. The child keeps crying to see dad which never rings bell in mother’s
mind. The mother and her relatives pushed with their denial despite child’s
lamentation to have his dad around.
Left with no choice Mr Wallace had
to hire a family solicitor (Lawyer) to take the case to the Child Welfare Court.
Ever since this case was taken to court, all involved delay the case under
numerous pretexts on most occasions based on fictions lies of concerned mother
who claims to be nervous when she meets Mr Wallace during the exchange time by
systematic support of ‘Curatrix’ hired by the court to represent the interest
of the child, what a mockery!! Without questioning how this can be the case- or
without even considering whether this overrides the rights of child to have
contacts with her father, the judges support erroneous decisions of the said Curatrix
and the mother of the child who changes her stories on daily basis. The denial continued
for more 2 and a half years.
Mr Wallace appeals the decisions to
sheriff principal (high court) where the judge’s decision took over a year and
half. Eventually, the principal judge reached the final verdict where he/she
unequivocally clarified that Mr Wallace’s case wasn’t treated lawfully-
therefore the case was redirected back to the lower court for further reconsideration.
Similar saga is taking its shape once again. In the lower court those who have unlawfully
decided against Mr Wallace’s case are lined up to defend their indefensible positions.
After over 4 and a half years, the
history is repeating itself. Mr Wallace knows all fishy games feel like to him;
but he as others hundreds of UK fathers in his situation often feels
intimidated where he is not allowed to say a single word (apart from his
lawyers) while the rituals of the court takes place. Neither his own solicitor
nor the judge allow him to say single word, the action which seems to be not different
from bullying and total repression and suppression. During his over 25 court
appearances during these entire endless sagas, the feeling is the same and no
one with genuine mind can comprehend what is happening against Mr Wallace in a civilised
part of the world. Think who is making money during these all endless sagas
whilst father and child involved are cursed for eternity. What does a genuine
minded person thinks about this all unpleasant injustices imposed on UK’s fathers?
Finally in UK’s child Welfare
courts, fathers are continually demonised by most of elements the system
legally harbours. However when the system started to be taken into the hands of
some interests groups who mainly focus on defending own interests, the values
of humanity started to become obscured therefore very difficult to understand
the objectives of once noble establishment. Deliberately depriving Children and
fathers fundamental rights is both wrong and unacceptable. Those who are
entrusted public responsibility repeatedly fail to discharge their duties when
it comes to father-child relationships, time and again since Mr Wallace is
involved in the process. The judges involved rarely scrutinise the necessary
requirements the law demands whenever the curatirx and the mothers embellish
their lies with made up fictitious histories which potentially never convinces
experienced judges. Yet the judges often make decisions based on false
allegations and fictitious corroborations. Doing so is morally incorrect,
legally unlawful and intellectually inadmissible in UK.
Such is ongoing reality against
several thousands of UK fathers where most of them are bullied, ridiculed and
suppressed by usually so intimidating court atmospheres where only black robbed
Solicitors, Court Clarks and others involved dictate fathers what to do and how
to behave as if the fathers are alien decesneded from another planet who don’t
have blood, feelings and soul like them. No civilised country should permit
such terrible injustice to continue to unfold against fathers and children
under the name of justice!
Denboba Natie, February 14, 2014,
UK
Nicole Le Marie Tuesday 18 Feb 2014 
