Divorced parents who pit children against former partners ‘guilty of abuse’

Very interesting article here. The Head of the Children and Family Court Advisory and Support Service (CAFCASS) has actually called out parental alienation by name, and also stated that the manipulation of the child by one parent against the other should be dealt with like other cases of child abuse.

Slowly but surely … one step at a time!

via Divorced parents who pit children against former partners ‘guilty of abuse’

Gutachterprozess Dr. Egon B. – Befangenheitsantrag gegen Richterin

Something quite common in German and Austrian law is for the judge to request an expert assessment/report (Gutachtung) on which he or she will use to reach a decision in custody/access cases.

Quite a few of these have in the past been found to be incorrect, simply to not reflect the facts. Here is a case in Austria where a case is being made against an expert for thirteen (!!) incorrect reports. In addition the judge hearing the case has now been dismissed due to prejudice.

All the time the victims are being denied justice.

 

via Gutachterprozess Dr. Egon B. – Befangenheitsantrag gegen Richterin | Familie & Familienrecht

Is the Guardian (UK) against fathers?

I read several articles at the weekend – the weekend where the inauguration of President Trump took place. But the bias of Guardian newspaper with respect to fathers prompted me to write this post.

I try to make my blog as gender neutral as possible. Parental alienation happens to fathers and mothers. I also try to keep on topic, i.e. leave the wider issue of fathers and men’s rights to others more passionate about them.

In the case of the guardian article:  UK judges change court rules on child contact for violent fathersI am willing to make an exception.

Lets look at the title ‘… for violent fathers’. From the word go demonising fathers, when the correct title should actually have been ‘UK Judges change court rules on child contact for violent parents‘ (my emphasis).

If you actually take the trouble to read the direction here you will find out that it is in fact gender neutral. There is only one place where gender is specially called out and that is on page 8: “and the safety and well-being of women and children would be far better protected”.  Which is in fact a quote from the All Party Parliamentary Group, whose deliberations where used as input to this report, not the report recommendations themselves.

In fact Polly Neate, director of Women’s Aid, a contributor to the report was quoted in the article:

There should never be a presumption of contact where one parent is known to be a perpetrator of domestic abuse, as is made clear today.

Which is a sensible direction, and again gender neutral.  

Though all of this should be taken hand-in-hand with another recommendation, reported separately by the guardian, namely:

The judge or lay justices must not permit an unrepresented alleged abuser to cross-examine or otherwise directly question the alleged victim, and must not require an unrepresented alleged victim to cross-examine or otherwise directly question the alleged abuser.

, Victims of violence are likely to find direct cross-examination by their alleged abuser frightening and intimidating, and thus it may be particularly appropriate for tThe judge or lay justices may to conduct the questioning on behalf of the other party in these circumstances, in order to ensure both parties are able to give their best evidence

Which appears to take away the right of cross-examination for alleged abuser should he not be legally represented, and place it in the hands of the judge!

Domestic violence is also perpetrated by mothers, and both mothers and fathers are capable of making false accusations of domestic violence with the aim of denying the other parent access to the children. The application of this direction, I hope, will reflect this. Nevertheless the bias of this article is shameless.

Moving on.

This also appeared in the Guardian this weekend. Again the title is a teaser for more (i.e. clickbait): What I’m really thinking: the depressed new dad. What is more telling is the subtitle “I’d never want to hurt you, son, but I was terrified by the thoughts I had“. The anonymous piece goes on to detail the depression (clinical or otherwise) that we have all gone through when the children are young, and require 24/7 support.  Here’s the quote that got me, and it is somehow presented as being normal:

It came to a head one night, when your mother found me in tears beside your cot. I’d never want to hurt you, but I was terrified by the thoughts I had. I’m doing the best I can for you, and I’ve gone and got the help I desperately need.

I never had these thoughts, in common with practically most parents.  Nevertheless, a major national newspaper is representing these thoughts as being something new fathers go through. I was shocked.

This as well:

A letter to … My estranged daughter, who doesn’t want to talk to me. A father’s letter explaining to an estranged daughter why he ran away – The subliminal message here being he was a deadbeat dad, who ran away and left the mother high and dry – Let’s demonise fathers again.  I read the guardian regularly, and never see a “Letter my son” detailing the effects of a father crippled by the effects parental alienation.

And finally today:

Should I abandon my son to my alcoholic husband?  Which although detailing a specific case is, in general a gender neutral issue. Both mothers and fathers fall prey to alcohol abuse, and associated domestic violence, but again the emphasis here is again on men.

I fear there will be no progress in fathers rights when respected mainstream media with an international reputation and presence are reporting against fathers with such a direct and also subliminal bias against fathers.

Is the Guardian biased and against fathers?  Read it yourself for a while to find out, I’m convinced.

 

© lostdad 2017

No Money No Driving Licence

Here’s a good one from the summer!  You will have to google translate it though. Normally the call is of the form “No access No money”.

The centre-left partner of Germany (SPD), which is in the governing coalition with Angela Merkel (CDU) provides the Justice Minister, Family & Women Minister and the Deputy Chancellor positions has come up with an idea that all three of them support and wish to pass into law – as if they haven’t got anything better to do  with their time.

If a father refuses to pay child maintenance, then he should have his driving licence suspended until he pays. <cue sarcasm>Well this is really going to help him paying back the isn’t it!

Yes we all should pay our child maintenance. But there is already an ‘excellent’ mechanism in place in Germany. If a parent does not pay the right amount a judge decides based on what is being earned. If the parent doesn’t pay then he orders that a Titel be obtained. This is an official order that gives the custodial parent the right to go to a court appointed bailiff and have all accounts of the other parent blocked, as well as his wages at his/her place of work!  No real need for any additional sanctions.

Note that applying to the judge to settle these matters gets you an appointment in court much much quicker than anything to do with visiting rights or custody. What a surprise eh?

P.S. Who is for a law that requires the absent parent to receive a regular breakdown of what the custodial parent spends the child maintenance on? Just kidding – that will never happen in my lifetime at least!

Ref.: Article in die Zeit

 

Kuppinger gegen Deutschland

Excellent article about Bernd Kuppinger that took Germany to the European Court of Human Rights regarding how the courts continually ignored his rights to see his son. When the court eventually came to a decision, they levied a fine of €300 (!!!) against the mother, against the requested €3000. The ECHR decided this was against the European Human Rights Convention. As a consequence, Germany has started to pass legal instruments to be used when a court takes to long to come to a decision.

 

via EGMR Urteil – Vater Kuppinger gegen Deutschland – STRASSBURG 15. Januar 2015 | Familie & Familienrecht