February 25, 2010

How To Fight The Family Law System Part I (Revised)

Filed under: Secret family courts — nojusticeforparents @ 8:23 am

By a parent who is still fighting the system.

On 12 May 2008, a CAFCASS operative and social worker calling herself Helen Fountain contacted me informing me that she had been instructed to our case by Nottingham City Council Social and Children’s Services Department via one Maxine Agatha Rose. By 2 March 2009, she had, with the aid of several Family Panel solicitors (Rosamund Evans, Graham Neil, Chet Desai, Rebecca Wimble, Stephen Mannering, Beryl Giliad) and a Family court Judge (District Judge Melvyn Harris), managed to secure for herself a fat bonus in her salary by having my youngest three children (12, 8 and 6 years) removed to Social Services care at an independent fostering placement – itself a breach of the Care Standards Act 2000 section 29 and the Children Act 1989 Section 79X, both of which stipulate a period of not more than six months between the date of filing and the commencement of proceedings (it was decided at the final hearing that the date of filing should also be the date at which their so-called threshold conditions were met – that being 30 April 2008. Yes. TEN MONTHS bar a couple days before the case was heard). That same week, someone broke the law yet again by changing the children’s doctor without consulting or informing us. We found out about this six weeks later. At the last Looked After Child Review conference, at which about half those directly responsible for our loss attended, it was suggested that the children also change school. This was vehemently denied by ourselves, as this would mean that we would only be able to see the children on SS whim and at no other time. As it is, we get to see them once a week for one hour. We are allowed no telephone, letter or email contact, and we get to see them unsupervised only on the odd occasion that they’re out in the school playground when we pass by the school.

Frontline Social Workers

These people are often the first point of contact between parents and the Family Court system. These people may or may not be “qualified” in social care, they may or may not be registered in the GSCC register. If they’re not registered, they’re breaking the law by pretending they’re something they’re not. If they are and pretend they’re not social workers, they are again breaking the law. Caroline Elizabeth Norman is BREAKING THE LAW BY NOT REVEALING THAT SHE IS IN FACT A GSCC REGISTERED SOCIAL WORKER.

It is the job of these people not to protect children’s interests, but to protect their own. To do this they need low-risk cases (low-income families, those who are pretty much off the grid, fall into postal codes where the general credit rating is far below the national average – these are families who cannot afford to employ their own solicitors) where they first assess the parents in what they consider friendly surroundings through people that aren’t social workers – often people with degrees or training in psychology. These people pick out the smallest foibles in the parents (including their distant past history) and use these to help SS build their case against the parents.

At this point, when the SS believe they have the beginnings of a case, the threats start. They use their perceived powers of persuasion to coerce the parents into signing “contract agreements” which aren’t worth the paper they’re written on, to get them to attend parenting and anger management classes, by which they further build their case that one or both parents aren’t quite up to the task of bringing up children in the “normal” sense of the term. These threats to remove the children because of some perceived threat of abuse are made in the presence of the children, who’s minds the SS are already starting to poison.

It is important to note, that even though one or both parents may be cooperating fully with SS, their attendance at these classes and group therapy sessions is seen as SS as signs of a guilty conscience. Further building on their case. Those parents who do not cooperate are seen as mentally ill (those who throw abuse at SS operatives), or obstructive for the sake of being obstructive. The SS may decide to make a case of immediate peril in these cases, and have the children removed on an Emergency Protection Order.

During meetings with SS, which are often interagency meetings where they seem to go over minutiae from previous meetings, they will sometimes ask direct questions of the parents which are designed to trip the parents up. Such a question may take the form “Have you stopped beating your wife?” which as given is an obvious trip-up. It is, therefore, absolutely vital that you take an audio recorder (best bet is an mp3 player with full memory capacity and a fresh battery) and record the entire meeting from the second you step through the car park to the second you step off. When you get home with the recording, take a full transcript of the meeting, who said what and when, etc., and file both for later use in court. You do not have to warn the meeting that they’re being recorded, in fact it’s best you don’t warn them at any point. Anything they say in those meetings can legally be used as transcribed in court as evidence should they perjure themselves (and they will!). Also, do not give copies of these recordings to anybody involved in the case, least of all any Family Panel or CLA solicitor, as they can and do forward such information to SS who will use such recordings to demonstrate your “mental instability and further evidence that you are incapable as a parent”.

Professional Losers

ANY lawyer who works under the Legal Aid Scheme (now known as Community Legal Advice, and administered by the Legal Services Commission) is known throughout the legal industry as a “Professional Loser” for a very good reason.

CLA claimants who employ solicitors to fight their case basically greenlight payments from the CLA Fund to their solicitor, which the solicitor or their firm invoices at the conclusion of the case. These solicitors are not paid by performance (ie they don’t get paid more for winning your case), they’re paid a flat rate, more often than not per day or per half day. What this means in practice, is that they have no incentive to work on your case beyond the illusion that they’re actually doing something. Which is usually evidenced by nothing more than a fat stack of academic research barely relevant to your case. What, you thought that five thousand sheets and a big fat briefcase was all just for you?

Family Panel solicitors are those who have special training above and beyond normal criminal or civil law. These individuals are experts at misleading their clients, particularly when it comes to constructing their case documentation, employing specialist witnesses (which are selected by the SS lawyers and CAFCASS to further bolster their case), and cross examinations in court. Certainly, all the right questions may be asked, but in such a way as to not help your case at all. Most importantly, these individuals who are meant to fighting in your corner do the most damage to your case by advising you not to try calling your own specialist witnesses, your own children, your extended family, character witnesses, or witnesses to events – these would “harm your case”.

If anything, if anyone recommends you take legal advice, the best thing to do would be to go do your own research. Find out about the Human Rights Acts of the UK and the Conventions on Human Rights of Europe, and the UN Convention on Human Rights, the Children and young Persons Act of 1989 (and as amended), and the Offences Against The Person Act.


These people are invariably degree-qualified and registered social workers. They do not, as much as they may protest to the contrary, act in the best interests and according to the feelings and wishes of your children. They work to the same agenda as Social Services. That is, they find an easy mark and move in for the kill. It is usually the same CAFCASS operative who sits through the entire case, as opposed to SS staff who seem to go through a six week turnaround.

CAFCASS are not only employed as consultants by the Courts, they also take instruction from the Family Panel solicitors and from the social workers assigned to your case. This is never a good thing.

To help build their case, CAFCASS spend no more than four hours in total with your children and ask them about the negative aspects of their home lives (eg do your parents shout at you, hit you, deprive you, ever say no to you, etc), and use the noninformation they gather to build the emotional harm side of the case against you. It is this part of the case which SS most rely on, so if CAFCASS insist that they speak to your children on a one-to-one basis, tell them to get a court order and have someone on your side (not a solicitor!) attend all meetings between your children and CAFCASS, and most importantly of all, have a video camera handy to record these sessions. Since CAFCASS meetings are invariably conducted in home surroundings, you have the right to do this, so do not allow anyone to tell you otherwise or force you to turn off the camera.


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