I’m putting a draft affidavid together. I will state in it that I feel ‘harassed’ and that I believe my Human Rights have been infringed in addition to details of the incidents and a bit of ‘beefing up’. Should I mention your Judicial Review in the Statement or at Court or at all?

I want to make it as difficult as possible for a Magistrate to knock me back, for my sake and the sake of other Dads who will follow.

Apart from that, what am I missing?

However, it does show where the instincts of magistrates may lie. They will be worried their courts will be inundated with similar cases if one of successful. I should add that the 3rd magistrate was very fair and would, I believe, have been well disposed to my prosecution if my evidence had been stronger. So not all magistrates will see it the same way.

As a prosecutor, therefore, you could rely simply on it being a no-brainer, as you put it. You give evidence, via your own affidavit, that it did cause you distress, and you invite the court to find that any reasonable person in the accused’s position would know that what she did would cause you that distress.

1/ that the other parent did these acts which you allege
I think this is straight forward and self explanatory. Okay.

2/ that he/she did them knowing that they would cause you distress.
How can one ‘PROVE’ they KNEW it would cause you distress?

If someone is repeatedly denying me contact with my kids, it should be a no-brainer. I assume repeated requests/faxes to their solicitor /application for a contact order/ for contact should suffice? This is important. If I press for a private prosecution, it is important for ALL Dads that we get as far as possible.

Apart from the above and Time constraints/Quantity of incidents, is there something else we are missing? Was the Magistrate just looking for any excuse to knock you back again?

Thanks,
Kipling777
B.

I liken the provocation to someone poking you gently in the arm with a finger. Nothing serious but eventually, if it doesn’t stop….I feel so sorry for those Dads that are pushed over the edge. The Mum then says, there I told you he was unstable, that’s why he committed murder/suicide. Self-fulfilling prophesy

I’m only still here because of friends and support from wherever I could get it

Whilst any review is welcome of course, this doesn’t inspire much confidence in me that any sort of root-and-branch changes will be made. More like a gentle bit of gardening will be underway simply to make it appear tidier.

“… look at how best to provide greater access rights to non-resident parents and grandparents”

Let’s hope my pessimism is mis-placed.

This report’s starting position is that women are disadvantaged, and so it is hardly surprising that it selects data which supports this argument.

It does not address the possibility that under-representation of women in senior management may result from choices women make because they have different priorities to men, and neither does it account for women spending 70% of money, compared to men’s 30%. Greg’s point is a very valid one. Who spends money is a better indicator of power than who earns it, and on this measure it is men rather than women who are treated less equally.

Ray