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| andym |
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 andym World Chat Champion

Joined: 16 Nov 2010 Karma :   
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 Posted: 01:55 - 30 Nov 2012 Post subject: Breaking a court order... |
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Just looking for an opinion or two here, I'm not going to type out an essay or anything trying to explain all the little details...
Basically my wife won custody of her kids from their father almost 2 years ago, (after an 18 month court battle)... on the last day the kids father only asked for 1 thing... alternating Christmas' (kids go there on Christmas eve and come back boxing day).
The court had that written into the court order, and that their mum should encourage the kids to see him on a more flexible basis (rather than X day(s) from X time to X time).... she has never encouraged any of them to spend time with their father, (to be honest all I hear is her discouraging them, and bad mouthing him in front of them).
She had them last Christmas, so he should have them this Christmas... but the kids have decided that they don't want to go round there, but he had better bring their presents round on Christmas day... or else.
The youngest one said tonight that 'we don't have to go round because that's what mum said'.... I tried to explain that the courts had decided and it wasn't really up to their mum to break the order.
She has just sent off a letter to the courts, to cafcass and the kids father saying that she will not be sending the kids round 'as they don't want to spend time with him', basically.
I know that technically this is none of my business any more (although I do still have parental responsibility)... but I just think it is wrong that they have decided they don't want to see him (but still want the presents), and my wife it like 'yeah that's fine.... f**k what anyone else says' |
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| covent.gardens |
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 covent.gardens World Clap Champion

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| Kradmelder |
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 Kradmelder World Chat Champion

Joined: 13 Jun 2012 Karma :     
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 Posted: 09:31 - 30 Nov 2012 Post subject: |
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It is wrong. My x used to do the same, or lay guilt trips on them about how much she will miss them when they are at dad's, the fun they will miss out on with their cousins visiting while they are dad's etc. My kids would even repeat to some of the things to my GFs that mama said. My GFs had a stream of mama said dad is this, daddy is that. I never responded. She even said dad lives nice and doesnt give money. A blatant lie. I didnt say mama is lying. next time I transferred money and the boy was watching and asked what I am doing, i said sending money to mama.
Breaking a court order is a serious offence. Here it is contempt of court. A criminal offence and the state prosecutes you, not the other partner.
Poisoning the kids is another serious offence. The kids are sent to a child shrink and if it is proven, it is grounds to have the kids removed from the parent doing the poisoning. the courts rule that it is not in the best interests of the child and the charge is denying the kids a father/mother and damaging the children. Since it is not in the interests of the child, the kids are made ward of the court and trasnferred to the other parent. Dont know what your law says about that. In my case, the shrink had evidence of it after talking to the kids and their mother, submitted a report and her lawyer advised her she is digging a deep hole where she will be denied the children and access to them only under supervision.
For you, if her x contests on the grounds of malicious interference on her part your family may be going the route of the head shrinkers, and the kids with.
From what you say, she has the same attitude as my x: contemptuous of the courts and the law, contemptuous of anyone else's rights but hers. Mine would openly say men have no rights when it comes to kids. It will not be to difficult for a shrink or a lawyer to demonstrate this as they will give her a jab and her true colours will come out. She may claim they dont want to see their father, but a shrink will quickly see that they say that to please mama, and the shrink will notice a change in behaviour with mama and when talked to alone. If dad also goes in and the shrink sees there is a good relationship, the game is up for mama. That is in essence what happened to me. Shrink wrote 'it is obvious kids have a good relationship with their father and express a desire to be with him, which is in conflict to what the mother says'. All I was asked to do was come in, and just play with them. The shrink then proceeded to inform me abou parental alienation, how I would feel about taking the kids. I said i dont want to take them from their mother. She then said you dont understand, it is not about what you want or think. The courts will award them to you. She also told me my daughter said straight she wants her father, in direct contradiction to what mama said, but my son was more closed mouthed, afraid of what mama would say if he spoke out.
So I guess you are caught in it, and if you care for the kids you need to reign her in or you are heading down a road where the biggest losers will be the kids. Your wife is treading in dangerous waters. ____________________ 2011 KTM 990 Dakar
2009 BMW 1200 GS
Last edited by Kradmelder on 10:37 - 30 Nov 2012; edited 2 times in total |
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| Zen Dog |
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 Zen Dog World Chat Champion

Joined: 11 Aug 2004 Karma :    
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 Posted: 09:51 - 30 Nov 2012 Post subject: |
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| Kradmelder wrote: | Poisoning the kids is another serious offence. The kids are sent to a child shrink and if it is proven, it is grounds to have the kids removed from the parent doing teh poisoning. |
I'm really not sure this is the case in the UK. I hear about people doing it a lot, and I've never heard of anyone getting any kind of punishment, from the law at least.
Morally though, its frankly despicable behaviour, and I can't help but have a lower opinion of anyone who does it.
Zen Dog ____________________ Current - '94 VFR750FR (Dead), '00 VFR800FI, '11 600 Hornet - Previous - '11 CBF125, '10 Street Triple R, '92 MZ ETZ301, '05 TTR250, NSR125R, KMX125, "Honda" Win
My bike trip around S.E. Asia 2010/2011 |
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| Kradmelder |
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 Kradmelder World Chat Champion

Joined: 13 Jun 2012 Karma :     
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 Posted: 10:04 - 30 Nov 2012 Post subject: |
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| Zen Dog wrote: | | Kradmelder wrote: | Poisoning the kids is another serious offence. The kids are sent to a child shrink and if it is proven, it is grounds to have the kids removed from the parent doing teh poisoning. |
I'm really not sure this is the case in the UK. I hear about people doing it a lot, and I've never heard of anyone getting any kind of punishment, from the law at least.
Morally though, its frankly despicable behaviour, and I can't help but have a lower opinion of anyone who does it.
Zen Dog |
Here it is an offence under denial to the rights of a father/mother.
From an SA legal site:
| Quote: | Parental alienation involves the systematic brainwashing, poisoning and manipulation of children with the sole purpose of destroying a loving and warm relationship they once shared with a parent. ... At times these efforts evolve into accusations that the other parent is “bad” causing the child to side with one parent over his/her dislike for the other.
So often you hear about a mother complaining that a father sexually abused a child, with no evidence to substantiate the claim, simply in an attempt to isolate the father from having a relationship with the child or a mother obtaining a restraining order against a father simply to restrain the father from having a relationship with a child. .... Depriving the other parent of a relationship with his/her children is possibly one of the most devious methods to ruin a solid society.
“Parental Alienation Syndrome” (PAS), is a term first used by the late child psychiatrist Richard A. Gardner in 1985. Dr. Gardner studied the behaviour of parents involved in child custody disputes.
The form of PAS most experienced is that of negative words by one parent about the other, leading the child’s thoughts and attitudes in the same direction. The alienating parent might also cause the child, through manipulation and access blocking, to unjustifiably fear and/or hate the target parent. The parent with primary residence may engage in direct and indirect methods designed to alienate the child from his or her non-residential parent. As a result the child becomes preoccupied with unjustified criticism and hatred of the non-residential parent. This sometimes lead to brainwashing which result in conscious acts of programming the child against the other parent”. Examples include accusing the father of being an “adulterer” and “deserter.” The father is unjustifiably accused of providing too little maintenance, sometimes to the point that the mother misleads the children to believe that terrible things will happen to them. When a father leaves the home, the mother may make statements such as, “your father has abandoned us,” to teach the child that the rejection extends not only to the mother but to the c. children as well. Minor negative attributes one the father’s side are exaggerated greatly. For example, the father who occasionally has a drink after dinner is described as an alcoholic.
Section 35 of the South African children’s act criminalizes the refusal to allow someone access or who holds parental responsibilities and rights in terms of a court order or a parental responsibilities and rights agreements that has taken effect, to exercise such access or parental responsibilities and rights. It also criminalizes prevention of the exercise of such access or parental responsibilities and rights. Punishment for any of these offences is a fine or imprisonment for up to one year. The section further obliges a person who co-holds parental rights and responsibilities with another person in terms of an agreement or court order to notify the other party in writing immediately of any change in his/her residential address. Failure to notify such party will result in an offence. |
SA is quite progressive when it comes to father's rights. This is recent and we had the same old women have all the rights and a man is stripped of his house, car, pension, kids and half his salary before, same as most western nations. And a woman needed no grounds for it. Just claim incompatibility and no right to refuse a divorce. Even the age old female tactic of restraining orders under some unsubstianted allegation to keep dad away is frowned upon by the courts. More and more fathers get awarded custody and the nutter walks away with only her own rantings. Cant feel sorry for them. They brought it on themselves.
Under tribal law for blacks it is even more extreme. Women have no rights to the kids at all. A man pays lobola for his wife. Any children born belong to him, and if she runs off he can demand her father to pay back the lobola (unlikely to ever be paid back), and he keeps the kids.
I suggest Andy reads up on the British children's Act. pshycologically damaging kids, or psychologically preventing a father from excercising his rights my be a criminal offence. If not, it should be. The rights of men to be fathers and more than a wallet have for too long been trampled by vindictive selfish nutters. ____________________ 2011 KTM 990 Dakar
2009 BMW 1200 GS |
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 nowhere.elysium The Pork Lord

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 WannaBeDude World Chat Champion
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 Kradmelder World Chat Champion

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 andym World Chat Champion

Joined: 16 Nov 2010 Karma :   
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 Posted: 11:37 - 30 Nov 2012 Post subject: |
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Hmmm... OK I'll try to answer all in no particular order....
Covdude... for once I actually agree with you.
Rogerborg... It is the very same lazy manipulative nutcase and her squawling feral offspring... I am free of their clutches but as nowhere.elysium has pointed out... I am still married to it, and I thought what she is doing is wrong and I wanted an opinion to see if I was just being petty.
covent.gardens... It's hard to explain, but the kids are happier with their mum as she lets them away with anything, makes excuses for them. So they only want to see their dad to get stuff from him (birthdays, christmas etc), but don't want to spend time with him.... or as she says they are only kids, he's not making an effort to see them.
Kradmelder, when he had custody of them (about 7 years), he would stop them seeing their mum, but at least he had the sense to contact social services first and mention sexual abuse.... so everyone was always in favour of him stopping contact.... but at the end of the day, everything he done went against him because of the psychological damage it was/had doing/done to the kids. He knew he had no chance at the court and she would get anything she wanted, so all he asked was for alternating Christmas', which she said she would need to ask the kids, but the judge said this was the adults decision, not the kids (that's why we were there in the first place after all) |
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| Easter Bunny |
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 Easter Bunny World Chat Champion

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 Posted: 11:39 - 30 Nov 2012 Post subject: |
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what a fucking mess two people can make of childrens lives  ____________________ The light at the end of the tunnel is an oncoming train! |
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 nowhere.elysium The Pork Lord

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 WannaBeDude World Chat Champion
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 Posted: 11:49 - 30 Nov 2012 Post subject: |
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Fuck the whole sad lot of them, loss courses - concentrate on your remaining life.  ____________________ Jogging on, destination living. |
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 Kradmelder World Chat Champion

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 Rogerborg nimbA

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 Posted: 13:08 - 30 Nov 2012 Post subject: |
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And that's the problem, Andy is the sort of decent, responsible bloke who will man up and try and fix things even when they're not his problem.
The world needs people like him, but there are far better recipients for that philanthropy than Waynetta and her brood. That sort tends to bite the hand that feeds them. ____________________ Biking is 1/20th as dangerous as horse riding.
GONE: HN125-8, LF-250B, GPz 305, GPZ 500S, Burgman 400 // RIDING: F650GS (800 twin), Royal Enfield Bullet Electra 500 AVL, Ninja 250R because racebike |
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 yaigi World Chat Champion

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 .Chris. World Chat Champion

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 nowhere.elysium The Pork Lord

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| Zen Dog |
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 Zen Dog World Chat Champion

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 Posted: 14:29 - 30 Nov 2012 Post subject: |
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| .Chris. wrote: | Saw this article a couple of days ago. Basically, don't do it, as not only is it a horrid thing to do, if the court gets wind of it, you'll be penalised (rightly IMO). |
Good, i'm glad they're taking it into account when looking at cases, but I think it should be illegal to be honest. Amazingly, given that everything Krad posts about SA makes me think its a bloody awful place (but with gorgeous scenery), I think they're definately ahead of us on this one.
Zen Dog ____________________ Current - '94 VFR750FR (Dead), '00 VFR800FI, '11 600 Hornet - Previous - '11 CBF125, '10 Street Triple R, '92 MZ ETZ301, '05 TTR250, NSR125R, KMX125, "Honda" Win
My bike trip around S.E. Asia 2010/2011 |
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| Kradmelder |
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 Kradmelder World Chat Champion

Joined: 13 Jun 2012 Karma :     
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 Posted: 15:39 - 30 Nov 2012 Post subject: |
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| .Chris. wrote: | | Quote: | I'm really not sure this is the case in the UK. I hear about people doing it a lot, and I've never heard of anyone getting any kind of punishment, from the law at least. |
Saw this article a couple of days ago. Basically, don't do it, as not only is it a horrid thing to do, if the court gets wind of it, you'll be penalised (rightly IMO). |
That is a good sign. Once the courts become aware, they take it into consideration, and sooner or later it becomes an offence. These nutters damaging their kids with this type of behaviour actually belong in prison. They leave the kid with all sorts of guilts and baggage to burden their future lives and relationships.
Unfortunately, if people cant behave decent, then the only recourse is to legislate their behaviour to avoid affecting others.
I see the brit law is based on the kid's feelings, or biased by it, which opens the door to abuse. For us I think the kid has no say until they are 12, and it is based purely on what is in the child's best interest. Money is not a factor, as if the mother isnt working the father must pay more. The thing about the father having to prove the mother is unfit has also fallen away, making it easier for fathers to win custody. It is based purely on where the child will be better off. A mother brainwashing the kid is considered detrimental, so the father gets custody. I see the brit courts also awarding the kid to the other parent where brainwashing is a factor.  ____________________ 2011 KTM 990 Dakar
2009 BMW 1200 GS
Last edited by Kradmelder on 15:51 - 30 Nov 2012; edited 1 time in total |
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 andym World Chat Champion

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 Posted: 15:46 - 30 Nov 2012 Post subject: |
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OK I had to do the whole read the page and type in notepad for this reply....
Eggs Benedict, the kids were basically stolen from their mother about 7-8 years ago (roughly), they had a strong emotional bond to her, so their father was the one damaging them all those years, now it seems she has turned into him... and the kids agree with everything she says.
Kradmelder, unfortunately I do feel guilty about a lot of things, with this whole situation, I'm still made to feel like I am the one who has done wrong (constantly), I don't have hundreds of friends reassuring me that's not the case, I don't have family I can whinge to constantly, I don't feel the need to broadcast every little thing on facebook to stir up shit... I have me, I have my flat and my thoughts... why do I feel guilty for them... because I'm the one that talked her into taking him back to court to try for shared custody of the kids. I thought that a lot of the stuff he had said in the past must have been bullshit... after they all turned against me, I started to see just how much of it was actually true.
Rogerborg, thanks... I think. Unfortunately I do try to be helpful, I'd do anything for anyone (which has got me into trouble in the past), usually I am the one left with the shit at the end of the day... but for some reason I still never learn my lesson.... I may just get a doormat tattooed on my forehead lol
Yaigi, I think part of the problem is the kids having too much say with their mum (because she still feels guilty about them being taken away all them years ago)... so it's pretty much what the kids say, goes *dons the curly wig, boot polish to the face and puts on my best Samuel Jackson voice*, 'and they will strike down with GRRREEEAAATTT VENGANCE AND FUUUUUURIOUS ANGER THOSE WHO ATTEMPT TO SAY OTHERWISE', they are all as bad as each other, anybody who disagrees, does anything or says anything wrong gets the wrath of the family and friends.
.Chris., it was exactly that kind of thing that contributed to the change in residency of the kids, but now the kids are stirring up the shit as much as their mum, and if they are interviewed again for the courts, then it will just look bad on their father even more.
nowhere.elysium, see the comment about the doormat tattoo on the forehead.
Zen Dog, again see the comment about the kids joining in with the shit stirring.
At the end of the day, as I said, this really has nothing to do with me, I can't change their minds, but for her to break the court order because she has told the kids 'they don't need to go and see him' is just wrong to me |
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 nowhere.elysium The Pork Lord

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 Kradmelder World Chat Champion

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 scorps World Chat Champion

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Old Thread Alert!
The last post was made 13 years, 125 days ago. Instead of replying here, would creating a new thread be more useful? |
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