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Thread: Disregard for the rule of law inside the Family court

  1. #1

    Disregard for the rule of law inside the Family court

    My wife and I and our two sons were gagged through the Family court. We were seeking accountability for inappropriate interventions in our family by CYF and a CYF counsellor, after our underage daughter was victim of grooming and sexual crimes by two St John ambulance employees. The Family court made it very clear to us that they would go to any lengths to silence us, and would not be constrained in their efforts by the law or the rule of law. We were terrified by the complete lack of adherence to the rule of law Ė in our experience, the inside of the courtroom was the most lawless environment we have ever been in, in our entire lives. When it comes to silencing the truth, the Family court is New Zealandís Guantanamo Bay, where the State carries out itís dirty deeds in secret, beyond the reach of the law and the rule of law. After two years, we eventually won the court cases against us, so gained our freedom of speech back, however we were so terrified by the judicial shenanigans and having lost all confidence in the integrity of NZís courts, that we fled the country taking our high-tech business with us.

    Parts of our experience have been covered by TV1ís Close Up programme, as well as Investigate magazine, however if you want to read the story in our own words, you can download our summary from here:

    To date, no-one has been held to account.

    We welcome your thoughts and comments.

  2. #2
    Member Beachedas's Avatar
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    Quote Originally Posted by "Frank" View Post
    We were terrified by the complete lack of adherence to the rule of law Ė in our experience, the inside of the courtroom was the most lawless environment we have ever been in, in our entire lives. When it comes to silencing the truth, the Family court is New Zealandís Guantanamo Bay, where the State carries out itís dirty deeds in secret, beyond the reach of the law and the rule of law. .
    I have had a similar experience in the family court with a family torn apart by a Judge not constrained by statute, precedent or moral considerations.

    Fortunately the media are starting to take notice, and for several weeks in a row the Sunday Star Times has featured nightmare proceedings that began with a day out in the Family Court State.. the state cannot carry out itís dirty deeds in secret forever.
    ďThe citizen's job is to be rude - to pierce the comfort of professional intercourse by boorish expressions of doubtĒ
    -John Ralston Saul-

  3. #3
    I sent this to all NZ MPs today:

    To members of the NZ parliament

    A comparison between approaches in the UK and NZ

    In the UK, there is growing momentum to strip paedophile Jimmy Savile of his knighthood posthumously.
    In NZ, St John ambulance head office are pulling out all stops to get the Governor General to give awards two members of the St John paedophile gang, Karl Berghan and Sam Brens.

    In the UK, the math teacher who took 15-year old school child Megan Stammers to France for a week, is facing serious criminal charges for harbouring a child.
    In NZ, school teacher David Hayden who harboured a vulnerable school child for two years completely isolated from all contact with her family, faces no consequences.

    In the UK, the courts clamp down heavily on those who alienate a child from parents, those who commit perjury, those who break the law, and those who disregard the rule of law.
    In NZ, Justice Ryan and Justice Clarkson showed complete disregard for the law and the rule of law in order to gag and bully a family and actively contribute toward the alienation of a child from her family.

    In the UK, the British Association of Counselling is highly regarding as upholding standards of ethics in the counselling profession.
    In NZ, the NZ Association of Counselling has been strongly condemned by professional associations all around the world for covering up highly unethical counselling.

    In the UK, the police now face criminal charges after their cover-up in the Hillsborough stadium disaster.
    In NZ, in the past month senior officials of CYF, the Ministry of Education and Police HQ, met to discuss the ongoing cover-up of horrific atrocities committed against an innocent NZ family.

    The UK provides a safe haven for those fleeing the world’s worst human rights atrocities.
    NZ authorities illegally harassed two law-abiding parents to such an extent that they fled NZ in fear and sought refuge in the UK.

    No other country in the world is as tolerant as NZ toward paedophiles and those who exploit children. No other country in the world has been as brutally abusive as NZ toward a capable, loving family, desperate to protect their vulnerable child from exploitation. A summary of these NZ atrocities is here:

    The document above contains comments from a large number of experts in NZ and around the world – over 30 professors and doctorates, NZ MPs, members of the House of Commons and the House of Lords. The universal reaction to these NZ atrocities is horror and outrage.

    To date no-one has been held to account.


  4. #4
    The family court of nz has earned its reputation as gender biased, with pre cooked outcomes. There are many ways this happens.
    Psychologists reports - based on observations, no,no based on the psychologists " recollection of observations" selective, for sure. They cook up what they feel like and your process for recourse, there is one, you can apply to the judge whoa heard the matter and most likely directed the compilation of the report for leave of the court to have the report reviewed. Feeling confident? Gets better, how about when a judge makes directions and you don't have a chance to put forward evidence, that's a good one. So who are you gona tell? The judicial complaints committee? Why bother? You wouldnt expect justice from them would you? Why? No one really does.
    How about going befor judge ulrich for a simple judges list matter re access and judge ulrich asks the other side twice if there are any relationship property matter for this court to consider. The reply was no mam, but then are you sure ther are no relationship property matters. Very well let's move on, what is this about again? I was was told you have either been very lucky or very well advised by her honor. Wow, sad but true.
    Given certain circumstances many family court applications have outcomes which could be predetermined, for the court it's simply a case of weighting certain evidence or dismissing other evidence to ensure that predetermined outcomes are supported thus we can feel that the judicial process is adhered to. Yeah right.
    A family court security guard one said to me in passing " I see most fathers only once, they don't come back.
    Who appoints these psychologists ? The court coordinator hands out the work to indecent contractors, they do the right reports and the coordinator gives them more work right. Right. Any male court coordinators I the approx 50 courts in nz? Good question, not that I know of.

    Getting the picture now dads?

  5. #5
    Just heard today that the NZ Governor General will be going ahead with the awards to the two known paedophiles named in the original link above.

    If the Governor General had done this action in the UK, he would be facing serious legal action:
    Similarly, if in the US, our Head of State could be facing imprisonment:

    Do you think New Zealanders are comfortable with their Head of State presenting awards to these paedophiles?

  6. #6

    Why a gender biased view helps no-one

    [QUOTE=flimflam;871]The family court of nz has earned its reputation as gender biased, with pre cooked outcomes.

    I am sure that there are quite large groups of both men and women who will agree with the sentiment, and it may well be more true for one gender or the other - but is that a helpful angle? Should we not instead be asking why the Family Court is achieving such shocking outcomes overall?

    We hear of children being forcibly removed from apparently secure and loving families and placed with violent or substance abusing ex-partners; we hear of incestuous relationships between Family Court judges and 'expert' witnesses; we hear of pre-determined bias in the assumption of shared care; we hear of allegations of abuse that are rejected without investigation and allegations of Parental Alienation that are accepted without investigation; we hear of wealthy litigants keeping the other parent trapped in the system to the point of financial ruin; we hear of complaints against judges and lawyers and CYFS being swept under the rug; and yes, we hear of gender bias from both women and men.

    What is the root cause of all of these things?

    Is it self-serving lawyers? Is it perhaps Judges who are out of touch with reality? Is it 'experts' who are pursuing their own interests? Is it gender-bias? Or is it just parents who refuse to compromise and seek to thrash each other in the Family Court?

    The simple answer is that we do not know - nobody does - because what happens behind the closed doors of the Family Court is cloaked in secrecy.

    Lawyers can't say anything for fear of being disbarred.
    Parents can't say anything for fear of being victimised, imprisoned, or worse (often threatened with losing their chidlren).
    Judges only know what happens in their own Court and consider themselves above reproach.
    The Minister of Justice cannot intervene in the independent judiciary.
    The media can only print what Judges allow them to print.
    The Judicial Conduct Commission dismisses nearly every complaint, or at most refers them back to the head of bench.

    So how can we attempt a solution when we don't actually know what the problem is?

    The legal fraternity want the current crop of reforms swept aside, claiming that limiting access to lawyers for all but the most complex cases will be prejudicial to children - I am sure it has nothing to do with the gravy train slowing down. And pretty much every other lobby group is gearing up to push their own agenda - be it gender bias or otherwise.

    How about we all get behind just one common cause - we want to know the truth.

    Why can we not simply have all Family Court proceedings captured on video, with a truly independent complaints authority?

    Let's do that and then everyone with an agenda can back up what they claim with facts?

  7. #7
    Thousands of kiwi children are being pushed through the NZ Family Court system; not unlike sausages in a meat factory.

    In my personal experience, the outcomes of all applications to the Family Court as PRE-DETERMINED. In other words, your fate - and the fate of your child's future - is decided before you even reply to or file an application with the Family Court.

    As a parent and grandparent, I put every ounce of my energy into fighting bogus applications filed with the Family Court by a drug-using, out of work, loser father who had a criminal record and was using "P", other 'hard' drugs and marijuana on a regular basis.

    At the end of the dragged out process, we had consulted five different lawyers in New Zealand (up and down the country) and had (so called) "advice" via e-mail from many others. ALL were of the opinion that use of and addiction to "P" is not a barrier to a parent having visitation rights, and in one case a Solicitor in Auckland told me and the mother of the child at a meeting; "just because he is using "P" doesn't make him a bad parent", and, "even parents who have murdered get visitation rights in New Zealand". This same Solicitor also mooted the idea - which he was clearly keen on - of the child (not yet 3 at the time) catching a bus on his own to Auckland (from a mid North island town) so that Daddy could see his son since the mother - on a benefit - could not afford the cost of petrol to and from Auckland (x 4 trips) each weekend.

    New Zealand has one of the WORST records in the world for child abuse and generally children are dragged up, not raised, by their parents. Indeed, I have often wondered why some "Kiwi's" have children when quite obviously they detest their offspring, and make this known in public too. New Zealand also has a high child povery rate and little if nothing is done about this by the government.

    A sad, miserable, country is New Zealand and its people. Oppressed, over-regulated and underpaid, parents here are forced to keep their heads down and to the grindstone, and, zip their lips tight, in an effort to appease the system and remain off the Family Court and CYF's "radar".

    We won in the end but it was damned hard work and we still feel traumatised by our experiences as a family many years down the line.

    My sympathy is with any family who has anything to do with the New Zealand Family Court and its bloated and bogus bureacracy of "child protective agencies".
    Last edited by Kiwilee; 27-11-2012 at 02:14 PM.

  8. #8
    We had a custody order for our granddaughter, our granddaughter at 14 decided to go and live with her "very suspect" father, we applied to the Family Court to have the law upheld and asked that the court order her to return back into our care for safety reasons, the Judge replied because she was 14 she can do as she pleases, result was she got involved in criminal offending, the usual FGC was held, interestingly enough when compensation was requested the father and his family disappeared, we told the FGC that we would not pay any compensation ($20,000) because we did not have care and because the judge told us our granddaughter could do as she pleased, the result was the Police removed her from her fathers care citing safety reasons, the compensation issue was rapidly dropped from our agenda, the father is of course a long term WINZ beneficiary so no compensation will be paid.

  9. #9
    My children have been in the Family Court since they were 7 and 4 and they are now nearly 15 and 12. It has been a total heartache for my children, me, my partner and wider family members. Second time around my knowledge of what happens is even far more disgusting that I believed it was first time around. The FC appointed supervisor tried to voice her concerns for my children and when she produced a draft report for filing ready for a s60 hearing the court appointed counsel to assist instructed that the report be amended to read differently (disclosed after the s60 hearing of course...). The s132 CYFS report does not even match the detailed child records and was written by a CYFS staff member who has never met my children let alone be involved with any child investigation and when CYFS experts disclosed mental and emotional abuse by their father and started making arrangements for a family consult to occur through CYFS they were shut down by the court appointed counsel to assist who told CYFS that the FC were in a better position to assist the 'family'. Immediately after that investigation the court undertook another section 133 and the psychologist did not find what CYFS found but instead found what the lawyer informed CYFS of to shut the consult down - in other words this particular s133 writer was paid $10k of taxpayer funding to come up with what a lawyer had diagnosed....very dirty and not child focused at all. The writer did recommended counselling but then the Judge informed us all that there is no funding available (oh so the FC were not in a better position to assist at all!) so then they try to send you to mental services through public hospitals when no mental illness has ever been found and you get told you have to agree because mental services require a final parenting order when they don't at all. Oh and all those fathers out there that believe that alienation only happens to fathers well you are wrong because any parent who dare tries to protect their children from a bad parent is labelled as an "alienator" and to make matters worse any allegations of alienation are never proved first so your children and you get put through process after process and would you believe the parent alleged to be alienating is in turn alienated by the FC through their own process and procedures. FC is a waste of time and a waste of money and is one massive gravy train where virtually nothing is resolved and every person whether a child or adult voices their concerns are silenced and threatened by court staff. Don't even bother using the FC complaint procedures process because all it will do is give the Court another reason to make matters worse for yourself. I have even have court staff say to me "play the game" and "it's a gravy train" and if court staff think that what are we supposed to think of the Family Court. A simple way to fix it is each parent who applied in the FC should be given a check list and at the top of the list if that parent does not financially contribute, is on legal aid and has made no effort to even send the child they wish to fight for a birthday card, a christmas card a phone call saying hello then they should be turned away by the FC otherwise our FC will simply continue entertaining silly applications and burdening good parents with the blame and cost of it all and putting our children through court process after court process and repeat process after repeat process.

  10. #10
    This is not a gender based issue , it is an issue which affects both parties in court . Go to a women's group and you will hear the same stories . the issue is lawyer driven the ones who are represented by unscrupulous lawyers win the other party is the aggrieved party. By making men and women fight between then the lawyers run off with the dosh.

    When both husband and wife have good lawyers the matter does not progress to court. It is resolved amicably .


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