Children and Families Bill

Memorandum submitted by Anthony Powell (CF 128)

1. I wish to comment on the family justice system part of this Bill.

2. Summary of my written submission :

· I think the re are injustices with the current law

· I hope that the law will be changed so that in future both parents will share the parenting – not equally, but fairly – so that the child/children is/are not the victim(s) of parental separation, and that he/she/they can continue to benefit from a loving relationship with both parents for the welfare of the child/children

3. I have listed the following CHILD-FOCUSED INJUSTICES/UNFAIR ISSUES in the current law from my personal experience :

3.1 WHERE ONE PARTNER REPORTS THE OTHER TO SOCIAL SERVICES/POLICE AND NO ACTION IS TAKEN BY THEM BECAUSE THEY KNOW THE ACCUSER HAS EMPLOYED FALSE MEMORY SYNDROME, THERE SHOULD BE A PENALTY FOR WASTING EVERYONE’S TIME AND FOR CAUSING SUFFERING TO THE DEFENDANT AND LASTING DAMAGE TO THE CHILDREN

3.2 FALSE SEXUAL ALLEGATIONS MADE BY ONE PARTNER AGAINST THE OTHER ABOUT A CHILD SHOULD BE TREATED AS CHILD ABUSE BY THE ACCUSER

3.3 WHERE ONE PARTNER IS LOCKED OUT OF THE MARITAL HOME, AND OUT OF THE CHILDREN’S LIVES, PARENTAL RESPONSIBILITY FOR THE CHILDREN SHOULD STILL BE MAINTAINED BY THE COURT, SO THAT THE CHILDREN DON’T SUFFER FROM HAVING ONLY ONE PARENT

3.4 WHERE ONE PARTNER BLAMES THE OTHER FOR THE BREAKDOWN OF MARRIAGE THROUGH IMAGINED "VIOLENCE", DEFENDING THE DIVORCE PETITION SHOULD BE MADE EASIER AND CHEAPER , SO THAT THE CHILDREN DON’T SUFFER MORE

3.5 THE GENERAL WORDING OF A DECREE NISI " The respondent has behaved in such a way that the Petitioner cannot reasonably be expected to live with the Respondent ." IS UNFAIR AND UNJUST, AND COULD BE DAMAGING TO THE CHILDREN FOR EVER

3.6 WHERE ONE PARTNER WISHES FOR NO MEDIATION, THIS SHOULD BE CHALLENGED BY THE COURT AND BOTH PARTNERS ORDERED TO COMMUNICATE , TO BENEFIT THE CHILDREN

3.7 WHERE CHILDREN ARE JUDGED OLD ENOUGH TO KNOW THAT THEY DON’T NEED ONE PARENT ANYMORE, THIS SHOULD BE BALLANCED BY THE COURT WITH THE LONGER-TERM VIEW OF THAT PARENT WITH PARENTAL RESPONSIBILITY AND LOVE FOR THE CHILDREN

3.8 FINANCES SHOULD BE AGREED AS AT DATE OF DECREE NISI, WITH NO LATER CLAIMS BEING ALLOWED FOR SHARING OF ANY LATER INHERITANCES , TO BE FAIR TO THE CHILDREN

3.9 THE VIEWS OF THE GRANDPARENTS OF THE CHILDREN SHOULD BE SOUGHT TO HELP THE COURT DECIDE IF FALSE MEMORY SYNDROME OF ONE OF THE PARTNERS HAS BEEN EMPLOYED , SO THAT THEY STILL FEEL INVOLVED WITH THEIR GRANDCHILDREN’S WELFARE

4.9 MEDICAL NOTES AND SCHOOL REPORTS SHOULD B E SENT TO THE ABSENT PARENT WHO STILL HAS PARENTAL RESPONSIBILITY UPTO THE AGE WHEN MAINTENANCE PAYMENTS STOP

4.10 WHERE ONE PARTNER SEEKS PARENTAL ALIENATION OF THE OTHER, THIS SHOULD NOT BE ALLOWED BY THE COURT   , BEING SO DAMAGING TO THE CHILDREN - SHARED, BUT NOT NECESSARILY EQUAL, PARENTING SHOULD BE MAINTAINED BY THE COURT

April 2013

Prepared 26th April 2013