John Hemming's Web Log John's Reference Website
Saturday, November 30, 2013
  Careful visiting the UK whilst pregnant. They just might take your baby for adoption.
This story in The Telegraph is a step beyond the normal abuses in the family courts (and court of protection). This was a pregnant mother visiting the UK for a training course lasting only two weeks. It ends up with her baby being taken through a forcible caesarean and then placed for adoption for the usual spurious reasons that are used.

Oddly enough last night I had another case of someone who was a foreign mother having her children taken for the system whilst she is deported. This is much like the case from which I highlighted a JR decision earlier this year. Mum was deported and the child kept.

The Italian case is one about which more will be heard. Also the one raised with me last night. The USA case is one which has had some attention.

In essence families count for nothing in the modern family court. The "best interests of the child" are "paramount" which means that what the social workers say goes. If a social worker does not say what the management want then the social worker can be fired as had happened. There is no independence in the system and family ties carry no substantial weight.

I did speak to Michael Gove about this on Wednesday. I do not think that he has this as an objective. It is clearly an unintentional consequence of the government policy of the last 12 years or so. It is, however, a real consequence and has to be brought to an end.

Additionally this video raises questions as to whether powers are being used to undermine demonstrations or appropriately. I am not opposed to fracking (we have use fracking for a long long time) However, I don't think child protection procedures should be used to stop people demonstrating. It is entirely possible that there is an appropriate use of powers, but it is also unlikely.

 
Friday, November 29, 2013
  A child's view of the Family Court System
 
Wednesday, November 27, 2013
  Megan Coote and Dale Coote discussion with John Hemming of their case
 
Friday, November 15, 2013
  Mark and Kerry McDougall
The case of Mark and Kerry McDougall who went to Ireland because she was considered not to have the capacity to marry or look after children is an important case. They have lived with two children in Ireland, but have now returned to Fife. The authorities have suddenly decided to take an interest without any good reason.

This raises serious concerns about the way in which assessments are done in the UK.

 
Thursday, November 14, 2013
  Birmingham's problems in childrens services are caused by government policy amongst other things.
Lets look at the story today: The children's services department at Birmingham City Council could be taken over by the Department for Education (DfE), the BBC has learned.

and that of October More than a fifth of frontline social worker posts are unfilled in Birmingham, it has been revealed.

A manager in Birmingham told me that he knew of experienced people who could be employed as social workers in Birmingham, but the government would not allow them because they did not have the right piece of paperwork. We should not be surprised of the existence of problems if only 80% of the staff are in place. Temporary agency staff are not the solution.

 
Wednesday, November 13, 2013
  Re: B - Why do the English Courts think there is a problem when the Swedish courts do not
This case is an interesting one just reported by the Court of Appeal. The first question that should be asked is why it took the English judicial system over a year to decide it did not have jurisdiction.

The second question is why the English Courts have decided there is an issue when the Swedish Courts have not. They cannot both be right. It is my view that the evidence in the family courts in England is frequently intellectually unreliable and as a consequence the decisions are not well grounded in reality.

This case seems to substantiate my view and give good reasons why the system in England takes the wrong children into care.

 
Friday, November 08, 2013
  Birmingham Public Transport
I noted that the current council proposals are now much like my proposals of 2003.
tcoachexample
I voted against Metro in 1992. I thought that we should stick to heavy rail and bus/trolley bus. The image is my proposal from 2003 for Birmingham which is pretty well the current council proposal. I have a personal minority view historically otherwise I would have prioritised buses in the city centre rather than metro. However, c'est la vie.
 
  Stuart Syvret's video relating to his imprisonment
 
Thursday, November 07, 2013
  In the Inherent Jurisdiction of the High Court

To me the thing that is clear is that the council does not seem to care about the impact on Omar of their legal threats. I am trying to get the council to respond sensibly, but they don't seem able to.
 
  London Midland agree that Stechford Railway Station is a priority
2013 stechford station
This is not, however, the end of the process to get Stechford Railway Station's access issues resolved. It is, however, an important first step.
 
  London Midland agree that Stechford Railway Station is a priority
2013 stechford station
This is not, however, the end of the process to get Stechford Railway Station's access issues resolved. It is, however, an important first step.
 
Monday, November 04, 2013
  Re: Davies (Patricia Anne Davies and Brian Davies) [2013] EWHC 3294 (Fam)
Appealing this case would be now moot. However, there are some points to be made.

Firstly, it is in my view a responsibility of parents who separate to make reasonable efforts to ensure that a good relationship is maintained between both parents and children. There are circumstances under which this is obviously not reasonable (when one of the parents is a real threat to the children). However, this is clearly a responsibility.

However, the objective of maintaining contact between parent and child does not permit the court to behave unlawfully. There are a number of problems with this case. The first is that the court should not ordinarily hear a contempt hearing of its own motion. The second hearing (and the third) should have been held by a different judge to the one who heard it. The second is that legal assistance should have been made available before the grandparents and aunt were locked up on bail.

It raises a question really as to whether effectively a form of collective punishment was being used to encourage the mother to make contact with the court.

I don't take the view that the ends (which I agree with about ensuring contact) justify the means.

 
Saturday, November 02, 2013
  Judge as as prosecutor and judge
For me the particularly interesting aspect of the secret imprisonment of 11th October is that it appears that the judge imprisoned the mother because the judge did not believe what she said. Now that means that the judge is actually prosecuting the mother for perjury as well as sitting in judgment. The mother said her children were somewhere, but they were not.

The point about this is that there are lots of legal precedents that the judge should not sit in judgment on this case and hence it could be challenged on appeal. How does one do that when one knows neither the name of the mother of her solicitors.

 

Click Here for access to higher resolution versions of the photos The license for use allows use of the photos by media as long as they are attributed.

better brent chart

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