To Date
Okay. Had a hearing on Friday. Judge mathers reserved his decision.
Now get this. The CYFS witch wanted a S78.
Rod Hooker argued that ‘case law’ asserted that for such a crude and child-destructive mechanism to be used, one had to demosntrate a clear and immediate danger to the child.
During the hearing the CYFS lawyer, one Margy Bird, asserted CYFS big fear was for the child’s ‘future’ security…..not the now and clear and present danger required by the test for allowing the use of a S78….but her future.
Even Judge Mathers asserted he wasn’t interested in the future, but only in the hear and now, as regards danger.
But here’s the kicker. My lawyer asserts the chances of Mathers allowing the s78 is 50/50. No evidence of present danger exists. In fact no evidence of past danger exists. It’s all ‘maybe’ in the future. But acording to unnamed sources, fear of getting it wrong drives ‘some’ judges’.
CYFS agreethat no clear and present danger exists, yet he may well allow these foul witches to rip my grand daughter, and now her seriously mentally disabled brother, whom I have also being looking after while his little sister is in hospital, having undergone her seventh major operation today, from my care.
There is a small part of me which hopes they do because, if they do, I will turn this into the biggest media circus ever.
I now have copies of every last interlocutory application and court response. If any of this shit could past the test of the belief of the ordinary man on the street, then I’ll start believing in fairies.
And if Mathers gives these vile witches their S78, then we will truly have something with which to fight back. And TV3 are now just awaiting the outcome and the full story.
We will see. Watch this space.
Cheers
David.
Watch those S78’ers.
The pychologist will talk to you, the child is she’s old enough, but also to CYFs. Which means they get a chance to poison his/her independent assessment.
That means they can re-present your posts as evidence of your anger, obsessiveness, volatility, insanity etc.
His/her report will reiterate much of what they say, to ‘consider’ their concerns.
And even if he/she declares you to be no / low risk, the judge can completely disregard the assessment.
Basically these court pschologists are in bed with The Sisterhood, as it guarantees them their income.
Comment by Al D Rado — Sun 21st May 2006 @ 8:30 pm
Nar Al. I’ve got a much better idea.
Tomorrow we’re all off to Sunny Spain. Mother will catch up when the little girl is able to travel.
Can’t be bothered fighting this shit anymore.
Cheers
david.
Comment by dpex — Sun 21st May 2006 @ 8:58 pm
Hi David,
Your case is so close to home that it scares me but you need to listen to what people are saying and doing.
Don’t tell anyone you are thinking of leaving the country and it may be best to just e-mail instead of posting.
They can get to you one way or the other. You must be sound of mind and heart now.
Any negative emotion you show will go against you. They can get you on ‘possible emotional abuse.’
By the way, have you contacted PANIC. It is on this site.
Comment by julie — Sun 21st May 2006 @ 11:22 pm
sorry, to be a bit slow, ? but what is a s78, I am new to all this
julian
Comment by julian — Mon 22nd May 2006 @ 3:59 pm
Hi Julian.
s78 (formerly s29A) is a section of law that allows a judge to order a court appointed specigalist to prepare a report on a child. I haven’t read the actual legislation for s78, but the old s29a was by law only allowed to be done on a child, but judges disregarded this, and many (usually fathers) had to under take the report to prove they’re normal. ‘Risk Assessment’ is the layman’s terms. Prove you’re not a risk to your children.
You can theoretically refuse, but that will probably be held against you.
Comment by Al D Rado — Mon 22nd May 2006 @ 4:50 pm
Hi julian and Al D Rado,
I actually think that CYFS are asking for interim custody while they sort out the psychologists. I think s78 is for interim custody. They are saying (i think) that David is an immediate threat and that they want the child while proceedings occur.
legislation.govt.nz Look up child, youth and family S78.
Comment by julie — Mon 22nd May 2006 @ 8:08 pm