U.K. Father (Timothy Forder) to be jailed for refusing to use violence
against his son.
The court removed the son, Henry Forder, — by means of
force — and secreted him away.
From: "Dr Michael Pelling" <michael@drpelling.fsnet.co.uk>
Reply-To:
fathers4justice@yahoogroups.co.uk
Date: Fri, 21 Nov 2003 16:06:09 -0000
To: "Fathers 4 Justice" <Fathers4Justice@yahoogroups.co.uk>
Subject: [fathers4justice] F4J TROOPS NEEDED!
A FATHER is about to be committed to prison for no other reason that he
refused to use violence on his own child to comply with a court order to
return his son to the mother who has a Residence order. The child has been
grossly ill-treated by the mother and has run away numerous times. He was
in the care of his father and other relatives for some weeks until Judge
Altman made the child a ward of court and sent the Tipstaffs and Police to
break down the door of the child's room at his father's and aunt's
residence and drag him out by force: child is now being looked after by
local authority. Judgment and sentence on the father's committal should be
in open court at Court 33 Royal Courts of Justice Monday 24 November 2003
at 1000 before Judge Altman, sitting as a Deputy High Court Judge. All
members of F4J who can attend are requested to do so to witness this
shocking spectacle and to do what they can to ensure that justice is done.
FULL CASE DETAILS:-
The Father Timothy Forder was married to Michelle Forder, who broke up
the marriage and committed adultery, but gained a Residence order in
respect of the 4 children of the marriage. All the children desperately
want to live with their Father. The eldest child is Henry Forder aged 11
and will be 12 in January 2004 (usually called Harry). The 4 children were
being educated in a good London private school, which was often used as a
collection/ handover point for Contact arrangements with the Father.
However the Mother created embarrassing scenes at these times and in the
end the School refused to have the children any more because of the
disruption caused by the Mother. The Mother then sought to put Harry in a
Local Authority maintained school, which not surprisingly Harry hated. His
Father and relatives on the Father's side were able to offer an excellent
private education at a school near the Father's residence in Cobham. A
change of Residence was appropriate on any rational view. The Mother would
not have it and Harry refused to go to the Local Authority school and ran
away numerous times to his Father and relatives in Cobham. Harry had been
there some weeks, being educated at home as a temporary measure while
school and Residence issues were fought out in Court.
The Mother sought to enforce her Residence order and "recovery orders"
were made. Tipstaffs attended at Cobham twice to no avail: Harry
barricaded himself in his bedroom and the Tipstaffs at that time would not
use force. Things came to a head this week. His Honour Judge Altman
(deputy High Court Judge - the case is High Court) made an order that the
Father must return Harry to his Mother by 7-30pm Thursday 13 November,
penal notice attached. The Father did his best to comply but Harry could
not be persuaded and the Father would have had to assault his own son and
use serious violence on him to compel compliance. That would be obviously
unreasonable. There was no wilful refusal or neglect to obey the order and
therefore, it is argued, no culpable breach. The Mother applied for the
Father's committal to prison for disobedience to the order. The Committal
hearing was on Wednesday 19 November before Judge Altman. The proceedings
count as criminal proceedings. Such hearings, where the liberty of the
subject is at stake, are nearly always held in open court.
I attended with Nurun Chowdhury and we were admitted initially to the
hearing in open court. But after the lunch break, the Judge announced that
he would continue the hearing in private. I addressed the Judge on that
but to no avail. We left and the case continued. The Judgment and Sentence
will be on Monday 24 November at 1000, Court 33 RCJ. The Judge on the 19th
indicated that part of his Judgment at least would be in open court. But
Article 6(1) ECHR allows no exception or qualification to its statement
that "Judgment shall be pronounced publicly" ("judgment" means the reasons
and order or sentence). F4J members are invited to attend and ensure that
Judgment is pronounced publicly; that an innocent man is not sent to
prison in a secret court. This is England, not a totalitarian state?
Meanwhile, on the 19th November, Judge Altman secretly made, on his own
motion, Harry a ward of court, and sent the Tipstaffs down a 3rd time to
Cobham, but this time with instructions to use force. Tipstaffs Philip
Johnson (whom it will be recalled I am suing for assault [Matin case],
trial February 2004) and Richard Cheesley attended with 3 policemen, and
kicked down the door of Harry's bedroom and dragged him out by force. On
the Judge's instructions he was taken into the care of the local authority
(but not under a care order - the legality of this is questionable but
wardship powers are wide). The child is being kept incommunicado and the
Judge even ordered that he be prevented from contacting his own Solicitor
(Harry had previously instructed a solicitor, who was present at court
with counsel for him on the 19th). Denying a child of Harry's maturity
access to his own Solicitor is again of questionable legality.
What is this mad Judge up to? This is a judge who has said he is not
prepared to have his own orders flouted and who said that Harry would not
be allowed to rule the roost [so much for the Children Act requirement of
taking the wishes and feelings of the child into account]. This is a judge
who has made it a personal battle to ensure that the Father and Harry do
not get their way and that Harry has to live with a Mother from Hell who
has already wrecked Harry's education and whom Harry loathes. The welfare
of the child simply does not come into it.
Judge Altman's plan, it is believed, is to cut off all of Harry's
escape routes to his Father and relatives, so that the boy will have no
choice but to live with the Mother. Thus Timothy Forder will go to jail on
Monday to keep him out of the way while extreme pressure is put on Harry
to leave the local authority care and go back to Mother. Relatives have
been ordered not to talk to Harry about any of the legal proceedings,
though at present no-one knows where he is. Harry must be suffering
dreadfully and could be losing hope and strength after the brutal way he
was treated on Wednesday. He needs all the support he can be given once he
is found.
This case demonstrates the utter bankruptcy of the present Family law
system. I have had discussions with Matt [O'Connor, Fathers4Justice],
who knows this message is being put out, and Matt wants maximum publicity
and support for Harry Forder and his Father Tim Forder.
Michael J. Pelling
NOTE: None of the above information breaches any contempt or other law.
See Also:
The White Rose
Thoughts are Free
