Open Letter about Human Rights Act 1998 Article 8

by

Sirs

The wheresmydad.org.uk™ Charitable Organisation (#wco) provides practical information, support and assistance to Non-Resident Parents (NRP) that have lost contact with their children because the Parent with Care (PwC) has arbitrarily decided to stop access or authorities/agencies are not fulfilling their duty of care to the child and for both parents.

I am sure you are aware that the recent coverage of convicted criminals having the state aiding them in ensuring their Article 8 Human Rights are upheld would appear interesting to the electorate.

  • Burglar who claimed jail sentence infringed his children’s human rights is freed | Mail Online http://ping.fm/ZEIUV
  • Prisoner allowed to father a child from jail because of ‘Article 8 human right to a family life’ | Mail Online http://ping.fm/9YFCn

These headlines cut deep into the heart of most Non Resident Parents that are denied access to their children due to the unjust Family Law system. Comments and press releases about the recent reviews of Family Law and Family Courts show little inclination to improve the situation of these parents.

The “elephant in the room” for a Non Resident Parent having to resort to Family Courts is they WANT to be involved with their children.

They are not walking away and they are not abandoning their children – They want to be a good parent.

When a Parent With Care decides unilaterally they do not want the child to see their other parent, then this is why NRP’s have to go to court. They have NO CHOICE in this decision as no agency provides systematic and automatic support for both parents. Allegations are made, delays are introduced and more and more time is wasted as the NRP battles to provide emotional support for their children.

All the time, the Family Courts choose to ignore the very reason the Family Court has had to be involved; the “back story” as you might say.

NRP’s want to “do” what they SHOULD be doing as a parent – clearly explained at the Governments’ own website http://www.direct.gov.uk/en/Parents/ParentsRights/DG_4002954

  • providing a home for the child
  • having contact with and living with the child
  • protecting and maintaining the child
  • disciplining the child
  • choosing and providing for the child’s education
  • agreeing to the child’s medical treatment

These are not “dead-beat” parents, they are NOT CRIMINALS, yet they cannot get or see, Justice for their children and themselves to have this precious Article 8 Human Right – a right to a family life.

The Human Rights Act 1998 states in Article 8.1 “Everyone has the right to respect for his private and family life, his home and his correspondence” and in Article 14 “The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status”.

Article 8 also states, ““Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law”.

It appears clear that the current, and previous Governments, do not think the law-abiding, voting parents should have this “luxury” – only Convicted Criminals.

Can you explain to our supporters what you as an elected representative are going to do for them?

A loose analogy to how NRP’s may feel can be demonstrated like this:

If two siblings were the only beneficiaries to a large inheritance, the normal minded person would expect it to be shared equally. If one of the siblings kills the benefactor and then claims all of the inheritance, then by default they would not benefit from their callous and manipulative actions.

However, this type of situation appears every day in Family Court, but the Court does not care about the murder or it’s impact and repercussions. I am not saying a child is a “prize” or Family Court is a competition to see who can “win”.

All I’m saying is that NRP’s should have the same level of support as the PWC, as Convicted Criminals .. because I am sure will appreciate, EVERYONE with Parental Responsibility are equal before the law. Except this is routinely ignored by agencies and the “authorities” when a NRP tries to enforce this equality.

Please do not think this is a rant, or criticism of you personally, but you must accept the compelling argument that to see your children when you a Non Resident Parent may be easier if you get convicted of a serious crime.

I look forward to hearing from you soon, with your comments on this issue and any proposals you may have that may provide some comfort to our supporters.

Kind regards

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