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When I first entered family Court in March 2004 the presiding judge on the day His Honour judge Hayward-Smith. I wondered what all the fuss was about as I found a judge here who told the opposing Barrister to ".. sit down as it seemed clear to him that in this case it was the father who was seeking to offer stability and maintain a Status Quo for his children in spite of separation!"
It took another 7 months however to attain that status quo in the form of a court order that spelled out in clear terms that having been granted Parental responsibility (a given to all parents on birth certificates since then) both parents should enjoy a joint residency order, shared care agreement and 50/50 access to both children what could be more in the children's best interest then equal access to both parents living in close proximity to each other and equal distance to the schools, certainly till both children were of a mature age, probably at secondary school (present day) to make their own minds up as to which parent to visit on particular days and not so rigid as this order designed to offer routine and stability in their former years. His Honour Judge Vilgeon (who reminded me a little of Leo J Carroll who stared as Mr Waverly in Man from Uncle) summed up the day with what he described as fatherly advice that it was now incumbent on both of us to make this order work, something I was swift to embrace whilst the mother was determined to undermine it form day one in March to that day, 20th October 2004 when she set about unravelling this hard fought for order in the best interest ( I had hoped ) for our children!
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From that date to present day the mother, with the aid of a particularly biased judge in the form of Her honour Judge Pearl , unravelled all that work with such insistence that contact, which had been via school collection and return time so as to avoid conflict, now become adjacent to the former family home which was sure to cause conflict. It was like this judge and the so called impartial CAFCASS reporter had become my ex partners own special advisers and whilst I struggled to keep up to her demands as well as legal bill I found the hoops they expected be to jump through became smaller and smaller till it was impossible!
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I tried to take matters to a further court to have this systematic destruction stopped but it was clear from the out set one judge would not over-rule another, yet this is exactly what Pearl did to Vilgeon and there is no mechanism available to enforce the order on the mother yet when I turned up for contact at the prescribed time and place with my order waved above my head almost Chamberlain style, as with the war time Prime Minister it was not worth the paper it was written on and in fact I was nearly arrested for breach of the peace when it was her not adhering to the letter and principle of what HHJ Vilgeon had offered in 2004.
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So my question to Lord Justice Ward and his cronies who bleat on about;
"Vengeful mothers leave good fathers powerless to see child," says judge
who is it but these failing law makers who are expected to put this right and in these times of supposed equality why can't Family Court orders be enforced on both parent rather then just dads?
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