First. Thanks to all of your for the congratulations.
I have been forced to live through an appalling time for these last six months, never knowing who will coming banging on the door to swipe the kids. Never knowing the outcome of the ‘next’ court hearing. And living in a perpetual state of intense stress.
I had to place my considered faith in someone other than myself, and I did. Hooker. Without wishing to seem as if I’m blowing smoke up his arse, I can say I have never noticed that faith waver. I had made up my mind I had the best possible defender and that win,lose, or draw, neither he nor I could do more than as much as we could do.
I would have thought no less of his skill had we failed in the High Court.
Prefacing this tome, and in very large black letters is the caution that no part of this judgement may be revealed except by….and goes on to list a few exceptions.
I am not sure if this embargo will remain in place once the case is entirely complete.
But on Monday I shall ask Hooker how I can best go about providing a copy of it to all those needing it.
However, what I can report is the judgement has now set a proper standard of proof for all interlocutory applications such as Custody orders, Restraining orders, Non-association orders, Wardship orders, etc.
This judgement will have far-reaching affects on all future FC orders, including final orders. Although I am clearly restrained from providing specific data, you may all be very assured it has taken 99% of the bounce out of the Kangaroo Court, AKA, the FC.
So far as I can see, from reading the various cited cases Asher J used in his deliberations, no such standard has ever been set for the Family Court. But now it has and thus it is enshrined in New Zealand Law.
I believe, although from my non-professional position, that this judgement could be used by many of you as a go-back tool. By that I mean you could start further proceedings and use this judgement to facilitate a reversal of a previous judgement because, now, you will have a tool which sets a very high standard of test on ‘evidence’.
The ‘evidence’ to be accepted as such must now be corroborated. The words, ‘I think’, ‘I feel,’ ‘I believe’, ‘I believe’, and all other such hyperbolic phrases used in past in the FC, will no longer be acceptable.
Although the judgement distinguishes between criminal and civil test levels, it comes down firmly in favour of the minimum of a civil test.
Believe me people, this is huger than huge. It represents a massive shift in how disenfranchised appellants will be treated by the FC. I just wish I could relate the substance of the judgement. But you’ll appreciate I really don’t want to get done for contempt when I have come this far and survived.
But having said that, if your case is desperate, get hold of me. I now Hooker will help me find a way to get the judgement to you, legally.
By now Boshier will have read the judgement. I wonder where he will attempt to hide his shameful face in future?
And for the record, I hold no sense of angst for Mathers J. He was, after all, attempting to make sense of an utterly muddled legislation and just doing his best within the precepts with which he had to work.
I suspect there will be many FC Judges who will welcome this appeal because it now provides clear and unequivocal guidelines for them.
Lastly, may I say, this judgement is going to poke a large hole in the aspirations of many a future DPB wannabe.
We got there Jim!
It will be equal shared parenting unless the other side can come up with substantial and corroborated ‘evidence’ which ‘clearly’ supports the making of even an interim judgement against.
My beautiful grand-daughter is sitting nearby, as I write this. She’s doing her art.
I just mentioned to her how in awe I remain of her strength to deal with the dreadful times we have sustained. I also mentioned that our suffering has now actually made a massive difference to the lives of so many children and fathers ( and some mothers) in the future.
That got a smile. And when my girl smiles I can turn the lights out and still see clearly.:–))
At the end of her first year at school she was awarded the Perseverando Prize. This little dinky kid, with the light of the universe in her eyes won it for refusing to give up.
She is one hell of an artist and, one day, presented me with a most exquisite book-mark. Etched into the background colour is that word, PERSEVERANDO. “Never give up”.
That book-mark has kept safe my place in hundreds of books since. Each night, as I use it, that single word is my goodnight kiss of sanity and proprietry. NEVER GIVE UP.
She has never given up her faith in me, and latterly Hooker, and I’m damned if I’m going to be seen by her as less courageous.
I think all kids have such courage and will maintain it so long as they can see that their most important people also NEVER GIVE UP.
We fight till we can fight no more. No more means, you’re dead.
Fight hard enough and long enough and, sonner or later, an Asher J arrives to let you know that the fight was worth it.
Thanks for your enduring support folks.
I shall report more as I am able.
PS: To Lizzie Curtis and her sisters at CYP. ‘My Girl’ nearly scored a goal at soccer today, but in any event the team won the game.
And last week she took out the 400 X 50 free-style; and that was just after she got elevated to Grade-3 Piano, that afternoon.
She’s also recently been tested and proven to be in the top 1% for grammar. I feel able to reasonably report she got a great deal of her understanding from me. Of course, I have put in all I have to her grammar because I’m grooming her to become articulate. And so much time into her sporting development because I’m grooming her to enjoy all life has to offer.
Naughty me. Grooming just a child for such wicked ends.
And you, you insufferable creatures of hatred, could have easily have denied this extraordinary girl the ability to achieve any of this.
Hope you enjoyed the judgement, Lizzie and CYFsters. :–))
The main event, whereupon your sickness can be lawfully reported in the media is yet to come. But it’s coming.