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Father drops commit...
 
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[Solved] Father drops commital case against runaway mum

 
(@Loving_Dad)
Reputable Member Registered

This person is a true model of decency and good example of a parent...after all that took place one.

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CM left court after legal proceedings were dropped
A mother who went on the run with her three-year-old son has been told she "owes her liberty" to the boy's father after he dropped the case against her.

Fled from her home, the day a judge ruled the boy should live with his father.
She handed herself in on 12 June after a high-profile campaign to trace her.

CF's barrister told a judge at Bristol Magistrates' Court that his client wanted to "draw a line".
CF had begun committal proceedings after CM ignored two court orders about their son.

CF barrister told the court he now wanted to withdraw the application for committal.

Judge Stephen Wildblood QC told CM: "Any idea that people can behave in that way that you did and for it to be swept under the carpet is completely wrong."
But he said he would respect the father's wishes.

"He and child are the victims of this mother's actions and I consider that the father's voice should prevail," the judge said.

CM was warned never to fail to comply with a court order again
"She owes her liberty to him.
"She must never fail to comply with court orders again."

CF barrister told the court that his client wanted CM not to face any further action.
"My client observes that this is a case which has been characterised by a long history of breaches of court orders at multiple stages of proceedings by the respondent, the mother.

"He does feel that it is important that the mother understands that any future breaches will be met by an application of this sort.
"In view of the fact child has been returned home to his care, and that he is happy and settled at home and contact has been started, my client wishes to draw a line under the previous breaches."

Son has had an hour of supervised contact with his mother since she returned him to his father.

Quote
Topic starter Posted : 24/06/2015 6:15 pm
(@dadmod4)
Illustrious Member

I've commented elsewhere that I think this is wrong, and in fact I don't even think it should have been the father's decision - I perfectly understand his reasons for wanting an end to it, but since when did it become personal prerogative whether the law is applied or not!!

ReplyQuote
Posted : 24/06/2015 10:37 pm
 RobG
(@RobG)
Estimable Member Registered

Probably I would have done the same, but I am sure if my ex was in his shoes, she would have added lies to it and made sure I wouldn't have seen my son and proceed with a criminal case.

ReplyQuote
Posted : 25/06/2015 12:27 am
(@mr-slim)
Famed Member Registered

It's infuriating he should have never been put in the position of it up to him if she goes to jail or not she should of been punished by the court in the first instance.

What an absolute legend the Dad is good on him I totally understand the reasons he dropped the charges he couldn't of done anything else really imagine if it was the other way round that little dumpy trollop would of had a field day and got him locked up for as long as possible, absolutely shocking.

ReplyQuote
Posted : 25/06/2015 12:58 am
(@Loving_Dad)
Reputable Member Registered

I've commented elsewhere that I think this is wrong, and in fact I don't even think it should have been the father's decision - I perfectly understand his reasons for wanting an end to it, but since when did it become personal prerogative whether the law is applied or not!!

It's an interesting one actd because CF withdrew his (civil) application and the family court judge (in the best interest of the child) accepted the withdrawal (he's got custody anyway).

What is more alarming is the lack of police involvement and criminal investigation...

Agree Slim, not sure how things would have turned out if the shoes were on the father's feet instead...

ReplyQuote
Topic starter Posted : 25/06/2015 2:26 am
(@halfoyster)
Reputable Member Registered

I disagree with the Father's move, the committal request should have gone ahead but requested for a suspended sentence and a cost order instead. She raised all sorts of allegations and took initiatives to shut the Father out. It needed to be shouted from the rooftop that engaging Fathers are not free sperm donors.

ReplyQuote
Posted : 25/06/2015 1:35 pm
(@got-the-tshirt)
Famed Member Registered

I get why the father asked that the case be dropped and fair play for being the bigger person and saying enough is enough, hopefully it won't back fire and she sticks too the order from now on.
.
However that said I do think there needs to be a case where things are taken all the way to show that RP can't shut the NRP out and if they try they will be dealt with, as said (and I had this conversation with my wife last night) if this was a bloke taking his child from the mother the end result would have been much worse, there needs to be an example set to make the message hit home that RP can't ignore orders that they can't go along with the order but twist the childrens minds against the NRP to an extent that there is no relationship with the child other than the RP.

The family law syatem needs a shake up, the judges have the powers but they don't seem to want to use them. I know they feel it is best to have both parents in a childs life but I feel they should act when one is being frozen out and if that means removing the parent causing the issue for a short space of time (imprisonment) then they should use that power, nothing will change until they do, and orders will continue to get broken and children will suffer.
.
I was told by my solicitor that although a judge can write an order he can't change the attitude of a parent to stop it being broken, well they can do by serving punishment, I'm sure a few weeks locked up would re align the attitude to follow the order in future.

GTTS

ReplyQuote
Posted : 25/06/2015 5:49 pm
(@dadmod4)
Illustrious Member

I've commented elsewhere that I think this is wrong, and in fact I don't even think it should have been the father's decision - I perfectly understand his reasons for wanting an end to it, but since when did it become personal prerogative whether the law is applied or not!!

It's an interesting one actd because CF withdrew his (civil) application and the family court judge (in the best interest of the child) accepted the withdrawal (he's got custody anyway).

What is more alarming is the lack of police involvement and criminal investigation...

Agree Slim, not sure how things would have turned out if the shoes were on the father's feet instead...

I think we all know exactly how it would have turned out if it had been the other way around - one of the points I raised in my email to the Southwest CPS last week asking whether the decision not to prosecute can be judicially reviewed 😡 I was feeling mightily p*ssed off!!

ReplyQuote
Posted : 27/06/2015 7:19 pm
(@Twiston)
Reputable Member Registered

Wouldnt it be nice if THIS hit the front page? Dad is the stable one, dad is reasonable, dad values his son over punishing?

ReplyQuote
Posted : 03/07/2015 1:11 pm
(@dadmod4)
Illustrious Member

Yeah, but unfortunately old news now and the media have lost interest.

CPS responded to me - it was never referred to them in the first case, so it wasn't their decision not to prosecute. So presumably the police decided not to present the case.

ReplyQuote
Posted : 03/07/2015 9:17 pm
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