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I have recently won a small legal victory in my fight to stay in touch with my children which may help others – private prosecution for harassment.

The effect on me of losing my children is simply not addressed by the Children Act, which discounts the interests of any party other than the child. Even when a father is driven to suicide by the loss of his children, that is held to be a matter of no concern to the Family Court.

So, how are the rights of parents to be protected? The Protection from Harassment Act would seem, at first sight, to offer a solution. Harassment is defined in the Oxford English Dictionary as “trouble or vex by repeated attacks” and the harassment act itself defines it as a course of conduct which the perpetrator knows or should know to be harassment. The Act’s definition also includes causing alarm or distress to another.

When one parent systematically destroys the bonds between a child and the other parent that would seem to fit this definition; it is a course of conduct which the perpetrator knows will cause distress to the other parent.

The Police were unimpressed when I first made a complaint that my ex-wife was harassing me, and when the conduct continued, I used an arcane piece of law to apply to prosecute her myself in the Magistrates Court, as a Private Prosecutor. This right dates back to the days before there was a Crown Prosecution Service, or even police forces, when it was the right and duty of any subject to prosecute when he received information of an offence. That right still remains in law.

The Magistrates refused to issue a summons to allow the prosecution to begin. I challenged that decision at a Judicial Review and won, and the High Court has remitted the case back to the Magistrates to be reconsidered. The judgment has been published in Family Law Week.

Private prosecution is not the way forward in the long term, but if it can help to establish that such conduct is a form of criminal harassment, it will have served its purpose. Individual dads and mums would then be better able to ask the Police to enforce their rights.

I’ll keep this site posted with how the case progresses from here on.

Ray Barry

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