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I was back in court again on 15th Jan trying to bring a private prosecution against my ex-wife for harassing me by damaging my relationship with my children.
An earlier post on this site reported I had won a Judicial Review of the Magistrate’s decision to refuse to issue a summons. The Magistrate’s decision was quashed and the matter was referred back to the Magistrates for reconsideration.
The 15th January hearing was to reconsider it, and unfortunately it was again refused, this time for a different reason.
I take a number of positives from it, however. At this hearing the court did not dispute that I had a right to bring a private prosecution without first complaining to the Police and, more importantly, the court accepted that if my ex-wife damaged my bonds with my children that could constitute criminal harassment. The court held that in my case, the evidential base for the alleged harassment was not sufficiently strong, and it was dismissed for that reason.
I am not too disappointed. It has not been a wasted exercise. It has opened the door for others to use this route.
It means that anyone who can provide firm evidence, to a criminal standard, of incidents which have damaged your bonds with your children, harassment law is a possible route to seek redress, and I would be happy to assist anyone who wants to try it.
There must be at least 2 incidents during a 3 month window in the preceding 6 months. The incidents don’t have to be breach of a contact order. They could be alienating you from your children, or wilfully using the power of the residence order to belittle and control you. Remember, in criminal proceedings, it is no longer the so-called welfare of the child principal which trumps everything, and allows the other parent to destroy you with impunity. This is criminal law, outside of the Children Act, and different rules apply.
You have to be able to prove 2 things to the highest standard of proof, i.e. beyond reasonable doubt:
1/ that the other parent did these acts which you allege, and
2/ that he/she did them knowing that they would cause you distress.
If this applies to you, get in touch.