MENZ Issues: news and discussion about New Zealand men, fathers, family law, divorce, courts, protests, gender politics, and male health.

Dear Readers,

The Manager of the Family Court, Kelvin Smillie at Manukau has issued his final decree, verbatim, that the Court under his auspices will not proceed with any application to prosecute under breach of section 80 of the COCA 2004.
He has further directed that I should take up this breach with the Police for prosecution.
He has further suggested that in light of the time frame since the initial abduction took place that a statute of limitations being six months would overide any attempt at prosecution.

Care Of Children Act 2004
80.Taking child from New Zealand—
Every person commits an offence and is liable on summary conviction to a fine not exceeding $2,500, or to imprisonment for a term not exceeding 3 months, or to both, who, without the leave of the Court, takes or attempts to take any child out of New Zealand—

(a)knowing that proceedings are pending or are about to be commenced under this Act in respect of the child;

This has been clearly established by the Declaration of Judge Adams which was eventually upheld by the Swedish Supreme Court in enforcing the return of Shaun.

Judge Ida Malosi declared she would investigate the avenues regarding this breach when the parties returned. Shaun arrived back in New Zealand juridiction on the 6th of June 2006 yet it is I who is being instructed to take the matter to prosecution.

I have also placed matters that are of a perjurious nature for the Court to ponder yet to date they are being ignored.
I would advise the public to ignore the comments by Retired Judge Graeme MacCormick

Men’s groups also complain about mothers making false testimony to the court.

For “false testimony” one can often substitute “a different perspective or perception”. If there is genuinely false testimony before the court and it is not acknowledged or corrected and it is material provided with intent to deceive the court, this can clearly ground a prosecution for perjury. On occasion, the Family Court will refer a matter of perceived perjury to the police for consideration of prosecution. Anything in the nature of deliberately false evidence or misleading testimony will almost inevitably be counter-productive to the position of the person on whose behalf it is provided.

Jim Bagnall and I were in Court before Judge Ida Malosi were false testimony was again being provided by Judith Surgenor yet Ida hasn’t nor will done anything about it.
The Porkies were more than evident so perhaps Graeme should rescind his retirement posture and give guidance to Manukau.

Kind Regards
Paul