Category: Children’s Rights

When a parent ignores court order for shared parenting

 

When a parent ignores a court order for shared parenting, they may be in contempt of court. Contempt of court is a legal term that refers to the willful disregard or disobedience of a court order or directive.

If one parent fails to comply with a court order for shared parenting, the other parent may file a motion for contempt with the court. The court may then schedule a hearing to determine whether the parent is in contempt and what sanctions or penalties should be imposed.

The sanctions for contempt of court can vary depending on the circumstances and the severity of the violation. The court may order the non-compliant parent to pay fines or court costs, complete community service, or even face imprisonment. The court may also modify the parenting plan or custody arrangement to address the non-compliance and ensure the best interests of the child.

It’s important to note that if a parent is having difficulty complying with a court order for shared parenting, they may be able to seek a modification of the order. A modification may be appropriate if there has been a significant change in circumstances, such as a relocation or a change in work schedule, that makes it difficult to comply with the existing order.

In any case, it’s essential to work with an experienced family law attorney who can help navigate the legal system and protect the best interests of the child.

©Linda Turner http://parentalalienationpas.com 2023

UNICEF

he Convention says what countries must do so that all children grow as healthy as possible, can learn at school, are protected, have their views listened to, and are treated fairly.

In 1989, governments across the world promised all children the same rights by adopting the UN Convention on the Rights of the Child. The Convention says what countries must do so that all children grow as healthy as possible, can learn at school, are protected, have their views listened to, and are treated fairly.

Article 9

Children must not be separated from their parents unless it is in their best interests (for example, if a parent is hurting a child).

Children whose parents have separated have the right to stay in contact with both parents, unless this might hurt the child.

http://www.unicef.org.uk/Documents/Publications/Child_friendly_CRC_summary_final.pdf

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Torn Apart

Family Courts Uncovered

Judges and magistrates in the Family Court in England and Wales have to make extremely difficult decisions about what is best for children if their parents cannot agree on the arrangements for the children on or after parental separation or divorce. The family courts have seen a steady increase in such applications since 2014, with 55,645 private law children applications made in 2020 (Government Justice Data, 2021). While courts make great efforts to reach decisions that are in children’s best interests, there may be cases where the process and decisions do not best serve children and parents in this discretionary area of law. However, if there are problems with the process or decisions made, the public cannot usually know about this. Section 12 of the Administration of Justice Act 1960 stipulates that the publication of information relating to proceedings brought under the Children Act 1989 is a contempt of court. This legislation, which is intended to protect children, means that nothing about a case can be reported without the court’s permission.

click here to download the full document https://drive.google.com/file/d/1IOaoi9Qpxc3AQvElQ0KOAjuh2nR0VJ9t/view

Enforced Removals

No figures exist on how many enforced removals take place, so Dispatches sent an FOI to Her Majesty’s Courts and Tribunals Service and to every police force to try to find out:

  • The Courts and Tribunals Service said it would be “too costly to answer the question”
  • Out of the 46 police forces just two said it was possible to give us figures.
  • Between them they identified 24 enforced removals over five years but indicated there could be more.

Dispatches also conducted the largest ever survey of legal professionals practicing family law, asking them about their experiences of the various levels of court

We asked 297 experienced family solicitors and barristers about this type of forced removal

  • They reported they had witnessed 42 orders for this type of removal over the last 3 years.

There are at least 13,000 solicitors and barristers practising family law in England and Wales.

https://www.channel4.com/press/news/torn-apart-family-courts-uncovered-dispatches

When a Facebook message revealed a horrific truth about the father of her children

“She said she was the mother of two little girls that he had sexually abused and subsequently served time in prison for abusing,” Julia says. “I literally jumped.” She recalls feeling “very confused, scared and in shock”.

When she confronted him, Robert was “blasé” about it. “He said, ‘Oh yeah, she’s friends with my ex-wife. Don’t listen to her, she’s one of the people who launched a hate campaign against me’.”

https://www.louisetickle.co.uk

C4 Dispatches: devastating decisions by Family Courts

Most legal professionals felt the lower courts, where most cases are heard, are particularly letting down victims of domestic abuse and their children. Four out of five lawyers said magistrates have a poor or very poor understanding of domestic abuse and coercive control. One in three said District Judges also have a poor or very poor understanding of these issues.

More than 2,000 parents felt the judge was actively hostile towards them. More than 70% of both mothers and fathers were unhappy with the outcome. Sixty-seven per cent agreed or strongly agreed that their children’s mental health had been affected by family court proceedings.

Cases take on average 18 months to complete, with one in 10 lasting more than five years. The average cost of proceedings is about £13,000, though one in 20 said they had spent more than £100,000.

“It is essential family court judges, magistrates, professionals and experts have full, trauma-informed training on domestic abuse, as recommended by the Ministry of Justice Harm Panel, and are alive to the tactical use of accusations of parental alienation,” said Dr Barnett.

Fronted by journalist Louise Tickle, who has fought for transparency in the family courts for longer than five years, ‘Torn Apart – Family Courts Uncovered’ airs this evening (Tuesday 20th July) on Channel 4’s Dispatches at 10 pm. Dr Barnett’s full final report publishes later this year. Read her interim report here.

Continue reading “C4 Dispatches: devastating decisions by Family Courts”

Can a victim of emotional abuse become an abuser?

Abuse victims, like anyone in relationships with high emotional reactivity, build automatic defense systems, which include preemptive strikes — if you expect to be criticized, stonewalled, or demeaned, you may well do it first. Victims can easily develop a reactive narcissism that makes them seem like abusers

https://www.psychologytoday.com/au/blog/anger-in-the-age-entitlement/200905/the-line-between-victims-and-abusers

What do private investigators look for in a child custody case?

The court will look at the parents’ lifestyles and stability to make their decision. They will also consider whether either parent has a criminal record, evidence of neglect or abuse, history of violent behavior, abuse of alcohol or drugs, and many other factors.

https://www.investigate.uk/private-investigator-london

Sibling to obtain custody rights

In order for a sibling to obtain custody rights, they would have to prove to a court that both of their parents are unfit or incapable in some way or that both parents are deceased. If the parents are not deceased, they will be required to state that they do not wish to have custody over the child

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