Lets support good parents (mothers and fathers), over abducting parents.
Should Kay Skelton and Dick Headley be prosecuted for the abduction, within NZ, of a 6 year old boy?
On the face of it, they are charged with a long term child abduction and this is just the final act in a 6 year run of holding the familycaught in contempt.
Child abduction does seriously affect the child. His schooling has been interrupted. His family and friend relationships have been completely broken, for 10% of his entire life and damaged for all of his life. It teaches very skewed values and experience about relationships between men and women, that lay down a nasty legacy for the child’s future relationships. The hiding and the dishonesty lay down intuitions of fear and evasion, that imprint the developing mind, to some extent. Children have a right to be protected from abduction.
The situation has imposed “wasted” legal costs onto the father and the long suffering taxpayer. (In this case, the costs imposed on the Police were not large, as they just waited for the child to give himself up. Only when the “abductor” is a father, do the Police put in much effort.)
However, before throwing the book at this mother and her father, the familycaught should seriously consider it’s own contribution to this debacle. By supporting the mother’s actions, up until the final hearing before the abduction, the familycaught has actively REWARDED the mother, for holding them in contempt. They may have tut-tutted with WORDS, but even the most dismal of idiots know that ACTIONS speak louder than words. The judge’s words were shown to be lies, by their ACTIONS which consistently rewarded her for her behaviours. Let the punishment fit the crime?
The most basic parenting course, teaches that for discipline to be effective, it must be CONSISTENT and reasonably quickly delivered! Let the punishment fit the crime. These judges consistently rewarded the mother, for holding court orders in abject contempt. Their behaviour allowed and drove her to continue being dishonest and manipulative.
Lets see these familycaught judges in the dock, alongside Kay Skelton and Dick Headley. I would suggest that they should get longer sentences than the direct actors. Let the punishment fit the crime.
Even more to the point, lets see these judges pay for remedial activities for the boy and financial recompense for the father and taxpayer.
Real judges, with the skills to perform constructively and cost effectively, as a Family Court Judge, would not say one thing and do another, in their judgements. The NZ public deserves what they get, for accepting the use of lay judges (without relevant professional level training) in familycaught.
Real judges would have successfully passed professional level assessments in courses covering:
1. Weighing evidence
2. Parenting skills
3. Assessing parenting skills
4. Assessing parenting resources
5. Family discipline
6. Family budgeting
7. Family mediation
8. Gender equity
Weighing evidence is important. If this first step cannot be got right, then all that follows is like a house of cards, there is no reality or strength or value in it. Accusations of violence or sex abuse are easily used in front of these “lay” familycaught judges, to support allowing the other parent to immediately gain total control over the children’s situation. It is only when the evidence is weighed correctly, that the punishment will fit the crime.
The important issue is not punishment for its own sake, but bringing the real life consequences back onto the perpetrator. Doing this, teaches people to respect each other. Not doing it, teaches people that they can readily do damage to others, their ex-partner, their children, other people and rely on getting away undisciplined.
In the end, damage of any sort in a parenting relationship dis-serves the children.
These subjects are not rocket science, on the contrary, people with these skills are happy to work for much lower salaries than familycaught judges are currently paid!
Before anyone prosecutes the mother Skelton and her father, surely we should prosecute the far more serious abductions ie international abductions?
One example is given in K v C 21FRNZ686. The familycaught judge, without notice to the father, lifted a CAPPS Order and put a woman child abductor onto a plane, with 5 children, for them to never be seen again. Judge Priestley overturned the familycaught judge’s DECISION, but as the children were out of NZ, his piece of paper only assuaged the father’s feelings. Why do this, when the NZ Legislation requires us to ACT against child abduction, to deter it by consistently prosecuting it?
Judge Priestley carefully did not give the name of the familycaught judge, to protect the judge from prosecution and protect the confidence of the NZ public, in the familycaught judges provided for them. The only identification is “Papakura Family Court”, but even this could have been falsified to protect “confidentiality”. By doing this, Judge Priestley and judge boshier become accessories after the fact, to that familycaught judge’s part in the 5 child abduction.
It seems that the familycaught judge was protected from accepting responsibility and from any remedial re-training or supervision?
Would you want to know that the judge at your upcoming hearing had previously removed a CAPPS Order and put a woman child abductor onto a plane, with 5 children, for them to never be seen again?
Or would you be happier to have this information withheld=hidden from you?
If you have a familycaught hearing coming up, write to judge boshier and ask him to assure you that the judge provided for your hearing was not the familycaught judge in K v C 21FRNZ686.
There have been about 250 children returned to NZ, under Hague Convention, in the last 20 years. Most of the abducting parents will have returned too, thus at a guess 100+ abductors (say 85 mothers and 15 fathers).
I am not aware of a single prosecution of any of these abductors.
The USA sometimes prosecutes and jails abducting parents who are returned under extradition, whether mother or father of the child.
I do appreciate that such a prosecution is a deterrent to abductors, that might lead them to take extreme measures to avoid capture. However, surely the most important issue is to deter abduction in the first place, as far as possible. This is why Parliament passed legislation making child abduction a crime.
International abduction is insidious, in that the chances of the return of the child are much lower than for abduction within NZ. The child is suddenly ripped right out of their entire community and dropped into some other. Fear of capture and lies pervade every aspect of the child’s life. Life becomes a lie.
The damage to the remaining parent (85% fathers) is usually quite cruel and most fathers (and mothers) in this situation get horrifying little support or assistance. Some of these parents are offered so little hope through meeting familycaught, that they destroy their own lives, even though they were not the abductor parent.
Recently, Sweden returned an abductor mother and her son to NZ. She returned in a blaze of self-released publicity and with a police escort. Even so, the NZ Police were “unable?” to catch and prosecute her for the more than year long abduction. (The daughter was not returned by Sweden, as they considered that she was near enough to 12 years, that she could decide to not be returned. The “legal delays” within NZ, led to this non-return. The legal delays, were very profitable for the NZ lawyers and familycaught judge involved and contributed to the non-return due to delay.)
The impact on these children was swept under the carpet and the mother was left free to return to Sweden. The social and financial costs to the father were not an issue for the familycaught. The “wasted legal costs” were not an issue to the familycaught judges and legal workers, they just banked them! The perhaps half million dollars down the drain, is of a similar order to a small arson or a 100 car conversions. Let the punishment fit the crime.
We may have no-fault divorce, but this does not mean that we have n0-responsibility for all parenting behaviour and misbehaviour. Our existing legislation supports putting responsibility onto errant parents. Let the punishment fit the crime.
Why are familycaught judges not doing it?
The only way that parents can be motivated to behave constructively, is when we have familycaught judges who have the simple basic skills to be able to weigh evidence competently and assess responsibility and parenting skills and then put responsibility onto the errant parent(s). This is called the principle of “public policy”.
If the familycaught would like to be taken seriously, then lets see them prosecute the serious cases of child abduction and accessory to abduction FIRST.
For prosecutions to be effective as a deterrent, they must be as speedy as possible, as suggested in Care of Children Act 2004. If these cases were prosecuted and child abduction dropped right off, the legal workers would lose over $10 million in income per year. Its a win-win situation for children, good parents and the public, to prosecute child abductors (but not for familycaught judges and lawyers). This conflict of interest is not managed professionally and this debacle just goes on without an end in sight.
It looks as though this will only be by private prosecution, so do we need a familycaught at all? What value are these familycaught judges successfully delivering, for their wage?
Lets not forget abductions within the same city:
When a father moves out of a family home, taking the children with him, to get the final day-to-day-care that he demands, then this is also a serious case of abduction. When a familycaught judge rewards this father, by giving day-to-day-care, to suit his new location, this father is being rewarded for using fait-accompli and manipulation. These situations usually put quite a lot of costs onto the other parent, the mother. A typical example may cost the mother say $100 for selling a house and buying a new house to suit the new parenting location and possibly costs associated with changing job etc.
It would be constructive, to NOT give the advantage to the parent that uses fait-accompli and for the familycaught to require honest negotiation. The negotiation should take place before the children are moved. Say for 5,000 separating couples per year, requiring honest negotiation would save parents collectively about $50 million a year in the first year of separation and about $5 million a year for each subsequent child raising year. All this, for only costing the legal workers $20 million a year.
Lets recruit judges who know what honesty is and why it is valuable. This is the only path to: Let the punishment fit the crime.
In the meantime, I will throw in $100 to prosecute the father of the abducted child, for not protecting his child from abduction and familycaught. He did not serve his child’s interests, by trusting the familycaught.
Neither did I, damit (conclusion in 20FRNZ604). Alas, I hold the familycaught in the same contempt, that it holds it own caught orders. My experience of the familycaught dreamworld is now several years old, but it does not seem to have moved forward in terms of protecting children from “image over reality” dishonest parents.
If anyone cares to read boshier in 20FRNZ604, if you are interested to see whether he honestly presents in his judgement, the essence of my application, then I can give you a copy of my application. I am happy for you to be the judge.
I offer judges green(now clarkson) and robinson up for prosecution, as active supporters of a woman child abductor (within city abduction – support after the abduction), in my own experience.
Lets build up a public list of familycaught judges who have actively supported child abduction (either by a mother or by a father) and try to return their profit from this. Please identify whether the support was after the abduction or prior to the abduction?
How many abductions have these judges been actively involved in?
The familycaught needs skilled professional management, from outside the ranks of the legal workers.
Lets get real judges in the familycaught.
My appreciation to honest good parents (mothers and fathers).
Murray Bacon
34 Valley Road,
Mount Eden,
Auckland.
ph 638 7275