The secret family courts are operating beyond scrutiny, beyond accountability, beyond transparency and beyond the law because of the wholesale failure of politicians to deal with what has become a political and religious taboo. The modus operandi of these courts breach our fundamental human rights:
“Equal and inalienable rights…They are entitled to equal rights as to marriage, during and at it’s dissolution.” Article 16.1 The Universal Declaration of Human Rights
“The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.” Article 16.3 The Universal Declaration of Human Rights
“Everyone has the right to respect for his private and family life, his home and his correspondence.” Article 8.1 European Convention of Human Rights.
The secret family courts undermine deep-seated principles of common law and open justice by holding hearings in secret and threatening parents with criminal contempt in the event they speak out about their cases. Fair and open justice belongs to the people, not the judiciary or the government. Where family disputes should be resolved in a conciliatory basis, the courts are adversarial – if divorce is like a burning house, going into the system is like emptying a plane-load of napalm onto the situation; to prove who the best parent is, you have to prove who is the worst. Courts prolong cases, delays establish new and damaging status-quos. Cases can last years. As a result, the system fundamentally abusive to children and their parents. Every day these courts remove 200 children from a parent, and wreak devastation on thousands families. They have been instrumental in creating a climate that fathers (mostly) have no expectation that they have a right to see their children after separation and this is borne out in the recent ONS figures which show that 1 in 3 children now live in single parent homes.
The courts make orders for ‘contact’ that are akin to terrorist ‘control orders’, yet 50% of these orders are broken with impunity. It makes a mockery of the law. Yet more menacingly, the courts operate under an omnipresent cloak of secrecy that the judiciary claim exists to protect the best’s interest of the children it deals with. The only interests it truly serves are self-interests; the interests of a family law industry predicated on conflict, that mercilessly preys on the misery and suffering of thousands of separating parents and their children for financial gain. This code of silence, or ‘Omerta’, only serves to protect the courts from scrutiny and transparency. The authority that one judge has in secret is chilling. They are unelected, unaccountable and unsackable.
Further the judiciary and organisations like NYAS and CAFCASS, perpetuate the fraudulent claim that they are acting in ‘the child’s best interests’ whilst keeping no records on the outcomes for children. Courts of law are supposed to rely on evidence. These courts use no empirical evidence to substantiate this myth. In effect they are acting blind. This is the greatest cover up in the history of British Justice, propped up by the greatest deceit in British Justice: ‘the child’s best interests principle’. The evidence we have presented to your government, which has been ignored, is a vital testimony to the experience of hundreds of thousands of children and parents trapped by the Devil’s Labyrinth that is the family justice system. No matter how extraordinary these facts may appear, this is our truth and it is the direct result of the perversion of the course of one natural justice that has existed for thousands of years: an inalienable right to the society of your children.
If this was not enough, both the courts and the government have systematically tried to oppress parents. They try to suffocate public criticism of the courts by threatening contempt of court to prevent our speaking out, bringing spurious injunctions or criminalising us for raising this as a matter of public interest. This is indicative of a dying system that is now on par with the old Star Chamber. In the UK, terrorists have greater rights than parents – at least they are afforded the right to have their case heard in an open court of law. With regard to the tyranny of these courts, the depths to which the judiciary and establishment will scrape knows no bounds and mirrors the depravity being exposed right across the establishment today.
There is a corrosive prejudice against fathers that infects most judgements being made in these secret courts. Judges not only come face to face with protesting fathers from Fathers 4 Justice on a daily basis (who are actively seeking the wholesale removal of the Family Division), but are then allowed to rule on their cases, in secret, using unchecked power. How is it possible for those of us campaigning for their removal, to receive justice at their hands? How has this foul, corrupt system, rife with inequality being allowed to prevail? This is a prejudiced judiciary whose views have become more ingrained as our campaign has endured. In many, many cases, they create elaborately scripted hearings in an effort to maintain the pretence of justice, while having predetermined the outcome. These hearings have more in common with the German Schauprozess, than any notion of justice. Any attempt to suppress the truth through the threat of injunctions and penal notices ‘in the child’s best interests’ whilst suffocating the very voice of the children they purport to represent, is a matter of public interest. The secrecy the judiciary, NYAS and CAFCASS crave, serves only to protect themselves, not the child.
- Fathers 4 Justice Hunger Strike commences outside David Cameron’s House (vickyhaigh.wordpress.com)
- Blinkered arrogance and a judiciary in danger of losing the public’s confidence (vickyhaigh.wordpress.com)
- How can I be accused of contempt of court when the judiciary continues to be in contempt of the law? (wewhoopposedeception.wordpress.com)