Friday, August 20, 2010

Family Law Reform - Care Proceedings

Family Law Reform - Care Proceedings
by Fay Williams on Thursday, August 19, 2010 at 7:48am
Children should remain with their parents until factual evidence (not hearsay) has been tested in a closed Court with media attendance and a full Jury.

Children should never be removed from their parents for 'risk of emotional harm'. When children are removed from their parents they always experience emotional harm by the removal.

The 'balance of probability' test is against the parent's human rights of a fair trial and should be changed to 'beyond reasonable doubt'.

No child should be taken away from their parent without full assessment. Where the local authority have significant concerns but have not proved their case with factual evidence, beyond reasonable doubt by Jury, the Judge should order a residential assessment of the family in an Independent Family Assessment Centre which the family must attend BEFORE removal of the child from the parent.

No member of the court advisory service, particularly the legal guardians who advise the court on the best interests of the child should have any form of direct or indirect interest in any kind of adoption agency.

If the Independent family assessment centre substantiates the concerns of the local authority, with testable evidence such as CCTV, within a 3 month period the evidence should be presented to the Court during an application to remove the children from the parents.

If the Jury in the application decide that the threshold of 'actual significant harm is proved beyond reasonble doubt' using the evidence of the Independent Family Assessment Centre a care order should be made, otherwise the case should be closed.

While the family attend the Independent Family Assessment Centre any kinship assessment should be carried out on friends and family to be alternative carers for the children, should the local authority achieve a care order. The family should be allowed to remain at the Family Assessment centre until the kinship assessments are complete.

Parents should be given the opportunity to allow themselves to be properly investigated for a maximum period of 3 months under a Supervision Order. During that period the child should remain with the parents. At the end of the 3 month period the Local Authority, if they still have concerns, should apply to the Court for an order for a 3 month Independent Residential Family Assessment, for a further 28 day Supervision Order.

EVERY application made in family proceedings should be made to a closed court with media attendance, a full Jury and 'proved beyond reasonable doubt'.

A Supervision Order should be granted if there is a proved RISK of harm.
A Care Order should be granted if there is proved harm.

If the Local Authority cannot prove Risk of harm or harm beyond reasonable doubt within a maximum of 12 months the case should be closed. If the Local Authority later, after closing a case, have further concerns regarding the safety of the children the closed files should be provided to the Court and Jury.

The local authority should work with the parent to overcome any concerns they have regarding the parent's care of the children. This should include funding for counselling, drug and alcohol rehabilitation, family assisstance, education, protection from domestic violence.

Interim Care Orders should be abolished.

No child should be adopted without the explicit consent of the parent.

Every foster carer should be in a position to offer long term fostering. Everytime a child needs to change foster carer/placement an opportunity should be given to the parent to prove thier circumstances have changed and they should be given a further opportunity of a 3 month Independent Residential Family Assessment.

A parent should be given the opportunity to make an application to end a Care Order as frequently as they wish. At each hearing the Local Authority will need to prove beyond reasonable doubt that the circumstances that caused the child harm have not significantly changed. If they fail to prove beyond reasonable doubt, to a Jurty the Court should Order a Supervision Order for a maximum of 3 months or a further 3 month Residential Family Assessment, or the case should be closed.

While it is necessary to protect the safety of children, it is also necessary to protect the sanctity of the family. It is necessary to protect the Human Rights of the children and parents. Current Child proceedings strip families of all their Human Rights. The secrecy of the Family Justice System breeds corruption. The unaccountablity of the Local Authority leads to abuses of power.

The public do not have any faith in government services nor the goverment to protect them in a moral and just society. The current proceedings warn people not to engage with government services due to the risk of having their children taken away. Mothers are giving birth alone through fear of having their babies taken at the hospital, families are living a life on the run as they are scared of being found and having their children taken from them, partners are suffering abusive relationships because they are scared the social services will take their children if they call anyone for help. Parents are not taking their children to the doctor because they are scared they will be accused of the injury to the child and their child will be removed. Parents are not seeking counselling or rehabilitation from addictions or assistance in a crisis.

The overwhelming message to parents due to the current care proceedings and social services procedures is AVOID ALL GOVERNMENT SERVICES AS THEY WILL STEAL YOUR CHILDREN.

The public are then learning about the child sexual abuse which seems to be rife amoungst those in positions of power. We learn about Operation Middleton, Operation Ore, Holly Grieg, Child Abuse in the Catholic Church, Haut de la Garenne, Operation Lentisk, Commission to Enquire into Child Abuse, The Waterhouse Report amongst many of the other horrifying reports and we come to the conclusion that our children are being stolen unlawfully and illegally for sinister reasons.

Through child stealing by the government and paedophiles in power the public are losing faith and trust in their government. The people are learning about secret societies, the New World Order, satanic ritual and lawful rebellion. We do not wish to be ruled by satan worshipping elite. We wish to live in a moral and just society. God save our queen!
http://www.facebook.com/notes/fay-williams/family-law-reform-care-proceedings/143965812300735

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