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Thorpe Nukes UK's Secret Court System

English Family Courts routinely marginalise fathers. The judgement by Lord Justice Thorpe in the Court of Appeal on 22 May 2003 sets the precedent which will compel all courts to totally remove all fathers.

In the very week when Father-4-Justice staged a rooftop protest at what was thought the worst Family Court in the UK, and researchers published fresh research showing that father absence places daughters at special risk of early teenage pregnancy, Lord Justice Thorpe's Court of Appeal judgement effectively nuked the secret UK Family Courts.

Lord Justice Thorpe's ruling validated the conduct of a mother who prevented her daughter from looking at photographs of her father, and endorsed the same mother's preventing Social Workers from reading her father's letters to his daughter.

His failure to either imprison the mother or change residency of the child, has made Secret Family Courts irrelevant to the administration of justice and of meeting people's and society's needs.

Lord Thorpe said he had `every sympathy' with the man".

image: Evening Standard reports Thorpe's decission

He added that "the father is being denied an ordinary entitlement to experience his daughter's development."

Figures cited by the Department of Social Security in the Children First consultation (1998) indicate that 40% of post-separation mothers admit to thwarting contact between child and father.

Thorpe's Court of Appeal judgement has put the spotlight on the impotency of the present family court system, and he is unleashing anger and rage that serious reformers have long been predicting and warning about.

It is now over 30 years since Professor Sir Michael Rutter's seminal work 'Maternal Deprivation; Reassessed' (1972) in which he challenged the accepted principle upon which family court proceedings in the UK are based. Although the Children Act 1989 sought to give such research the force of law, by redressing the balance between mothers and fathers in the interests of the welfare of their children, judicial practice still has not changed.

Judges in the UK do not have formal training in children's welfare. Instead in theory they follow the advice given by Family Court Welfare Officers now part of CAFCASS.

Thorpe, who is hotly tipped to succeed Butler-Sloss when she retires in about 2 years time, is encouraging contempt of court, and the situation will continue to deteriorate.

link: Background to Lodr Justice Thorpe' COA decission

Reformers have for a number of years predicted that if courts continue their policy of cutting off fathers from their children that some will turn in anger and rage on judges and CWO (now CAFCASS) operatives. Meanwhile, Butler-Sloss has for a number of years been focusing her mind on championing equal rights for the less than 2 per cent of lesbian and homosexuals who she wants to raise children.

Butler-Sloss and Thorpe are playing with fire by bringing the law into disrepute.

Treatment of fathers by the Secret Family Courts was highlighted two years ago when Judge Munby had imprisoned a father for four months in jail for the heinous crime of waving hallo to his children from across the road.

The editor of ManKind's Ill Eagle Magazine wrote to sundry Chiefs of Police where they live to say that in view of their behaviour, senior judges Thorpe and Sloss should have 24 hour police protection. He wrote they are in real danger and predicted that the tyrannical behaviour of judges in Secret Family Courts, might cause wronged parents to take the law into their own hands by attacking those who play out their unfettered arrogance towards fathers.

IllEagle Magazine predicted that Family Court Judges and Court Officials are in danger of being attacked. Allowing a mother to prevent her daughter from seeing photographs of her father, has placed Thorpe (and very likely other Family Court Judges) in need of round the clock police protection.

Fathers 4 Justice, rightly in my view, practices and advocates peaceful protest and creative civil disobedience to bring an end to the femcentric policies of Secret Family Courts which ignore justice, the needs of children and of society.


         fathercare
            fathercare

          25 may 2003

 
   
image: mail received Comments received about the above article :
 

It needs to be clearly stated that the judge has the power to jail the
mother for obstructing access. The recent precedent is where judges jailed
mothers for failing to send their children to school. Mothers responded
(when they came out of jail) by sending their children to school.
There is no room for discussion on this issue. Judges, including our most
senior judges Sloss and Thorpe, are inciting mothers to defy the law. It is
so very dishonest of them to claim they are powerless. When our most senior
judges incite citizens to defy the law, the next stage is anarchy. Sloss,
Bracewell, Thorpe and the rest are doing enormous damage, having themselves
failed in their own families.

We are dealing with ignorant, arrogant people at the top of the family court system. Thorpe's own (drink driving) family is a mess, as is Sloss's (using prostitutes), and twice divorced Bracewell argues that marriage has no meaning.

People with dysfunctional families themselves have decision making power over millions of families. Sloss takes out her resentment over her husband's misconduct on other fathers.

Why does Thorpe follow her?

 

"Judges can fine, or jail uncooperative mothers, but these sanctions are rarely used. Fines against those on Income Support seem pointless. [Butler-Sloss] believes prison will only make things worse: "It is not going to advance the relationship between the child and the non-resident parent at all," says Butler-Sloss. "The mother will say to the child, 'Your dad put me into prison; that's the kind of man he is'. - ..."
                                               Sunday Times, Feb 17, 2002, Margarette Driscoll.

The fact that Butler-Sloss can envisage a mother saying that to a child, but is oblivious to the child abuse the statement contains, speaks volumes about the double standards found everywhere when men seek equal treatment.

This is not a procedural issue requiring extra legislation, as some have made out, but the deep reluctance by judges to jail a woman. We believe they would have little compunction in jailing fathers caring for children if they tried to obstruct contact, so the discriminatory double standards must stem from a fear of adverse publicity.

However, jailing a father for the same offence who then loses his job income, liberty and contact rights to see his children, is deemed legitimate.

 

It is a common misconception that children will automatically suffer if they leave their mother's home.

Thorpe demonstrates that he allows himself to be influenced by what Psychologists term the 'maternal deprivation' theorem, and he thus can not conceive that children can be switched from one home to another.

This is a traditional Bowlby view that meant during the 1960's even children who were abused in their own homes were not moved.

Rutter (knighted for work that debunked Bowlby) said that such a view is ridiculous. He held that even a bad institution is better that a home in which the child is abused.

Mr Justice Wall recently wrote that on a couple of occasions he had switched children from one home to another with remarkable effects.

Asked to produce these two judgemenents, The Lord Chancellors Department stated that since these two judgments by Mr Wall were not in the High Court or Court of Appeal they were not recorded.
(ED: Do we see here another prime example of how the secret Family Courts' current ban on the public pronouncement of judgement goes against the wider public good and against the welfare of children?).

 Letter in the Sunday Telegraph 1/6/03

Fathers do not get justice from the Law

... . The dictum that child custody should always go to the mother irrespective of her conduct was established in 1948 by the Appeal Court in the case of a prisoner of war who returned home to find his wife and his eight-year-old daughter living with another man. The judges felt that he had been greatly wronged but that they could do nothing but award custody to the mother.

In the 1970s, Lord Lane established that blameless fathers could be ousted from their own homes, declaring sadly that "the law does not seem to be about justice - it seems that the needs of children have to come first".

(Dr) John Campion
Hindhead, Surrey

 
image: Evening Standard reports Thorpe's decission

A distraught father whose partner hates him so much she even prevented their daughter looking at his photograph today lost his appeal to have any contact with the four year old.

Lord Justice Thorpe told him he had "every sympathy" with him but had no legal power to overturn a total ban on contact.

The ban had been imposed at Chelmsford County Court - Where Judge Ludlow ruled it was in the "best interests" of the child not to see her father as contact was making her mother depressed.

Outside court today the father, who has not been able to see his daughter for two years, said he planned to take the case to the European Court of Human Rights.

" I'm gobsmacked. Financially I'm still the father but emotionally I'm not. The courts have let my daughter down," he said, pointing out he has to pay maintenance through the Child Support Agency.

Earlier the father, who spent 12,500 pounds in legal costs fighting for access but is now so in debt he represents himself, told Lord Justice Thorpe and Lord Justice Bodey his legally aided partner was performing a "parent-ectomy"

Describing her "entranched Hostility", the father , said all she was succeeding in doing was "alienating" their daughter from him.

The mother refused to allow her daughter to look at photographs of her father, and objected when social workers tried to read letters he had sent , the court heard.

The father, supported by Families Need Fathers, added that unless the appeal court acted, his daughter faced the prospect of never knowing who her father is.

Lord Justice Thorpe agreed and urged the mother's barrister to try to explain to her the importance of her daughter having at least some contact with her father.

He added that it was "a tragedy for the child". Bemoaning the court's lack of power to force the mother to grant contact - the only sanctions open to judges are prison or the removal of the child - Lord Justice Thorpe urged policy-makers to study the case.

"This is a major problem throughout the family justice system", he said, before adding that plans are afoot to bring in a wider range of punishments for non-compliance with court orders.

The Judge added: " This case is illustrative of the dilemma that the courts face and is as extreme as any I have encountered.

 
 

 
 
image: mail received Links on the web :
 
  • Letters allerting Police to the need of protecting Family Court Judges. Click here
  • Militant fathers will risk jail over rights to see their children.
    The Observer 20April 2003
  • The mood amongst those who have experienced the UK's Secret Family Court System
    - Views expressed by fathers at the time of the Observer's article. Read here
  • The Nuremberg trials have established that a bureaucrat is responsible for the effects of the bureaucracy the he willingly works within.
    Editorial Page - ManKind's Ill Eagle Magazine - 16aug2001 - Click here [110 KB]
  • Bowlby's Theory; K. Miller, 2003 --
    Page from (banned in the UK) booklet.
    Secret Court injuncted the author on the grounds that publication is harmful to
    what secret UK Family Courts understand to be the welfare needs of children.
    Pirated version; on Canadian site.
  • Fifty years of 'Maternal Deprivation' reassessed --
    How effectively does research influence policy and enhance practice in family court proceedings?
    Read here
  • FATHER'S ABSENCE INCREASES DAUGHTER'S RISK OF TEEN PREGNANCY

    Results of long-term studies in the United States and in New Zealand investigating the association between father absence and early teenage sexual activity and pregnancy.

    The research was published May 14, 2003 in the Journal Child Development.

    For details about the findings of the research (co-written by the researchers) visit the website of the Centre For the Advancement of Health. Click here
Click here to read full article

 

 

 
 

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