24 September 2008
Dear Sir,
Ref: H Case x 6-10 October 2008
I attach a letter received today by email from (wife solicitor). I also attach my response. As you are aware I am representing myself and am not wise in the intricacies of the law. I would ask for you to look favourably on my request for the three witnesses to be heard.
The reasons are as stated in the response to solicitor. In the case of Nigel he was chaperone for two of the visits and was a family friend. We would see the family most weekends and went on holiday with them. They had a good knowledge and understanding of our relationship and in particular my relationship with H. The family have not wanted to get involved and therefore Mr N is certainly not likely to be biased in my favour but give a balanced view. In fact the Mother in her position statement to the court on 20.11.07 states:
“b. lf the Father continues to deny the allegations of domestic violence (in
particular the incident on 25 March 2005) and his behavior towards
the Mother and H generally then the Court should give
consideration to listing a factfinding hearing in advance of any
outcome hearing in support of the Mothers case evidence would be
heard from Mr or Mrs N, Mr and Mrs L and Mrs B in addition to the Mother”
Mrs E was also a chaperone when H came to visit in my flat. She is H’s god mother and again knew L and I from 2003 onwards.
Mrs W was a teacher at H’s school and is mother of H’s best friend . She and her now deceased husband were close family friends and Mr W and I would swim with our daughters each weekend. Mrs W has remained close to L and H throughout this stressful time even visiting Jersey. She was present on one of the chaperoned visits. She is under the impression that I have refused to pay any money or in any way look after H’s needs which is completely contrary to the financial proceedings as you are aware. This is based on a catalogue of untruths she has been told by my ex wife. I wish to demonstrate to the court that the spin and disinformation given to Mrs W and the other witnesses is the same as has been given to my daughter and is the basis on which she is making the decision not to have contact.
I hope this explains why these witnesses are important. I do not think they will be needed for very long in court but I do believe they will provide the much needed sense and balance required. I look forward to hearing from you or your decision on day one of the proceedings.
On a second matter I would like to answer the hypothetical question you raised in court on the last occasion. You asked that “if…. You found in favour of me having contact with H but that not being her wish what decision would I expect you to make.”
I have thought about this long and hard and feel that there is only one real option:
That is to put a penal order on L if contact does not take place. This would be up to the age of 16 at which point I believe H will be old enough to make her own decisions. This should ensure the mother has to comply.
I am happy to jump through as many hoops as the court deems appropriate to establish regular sensible access which now H is back in the UK should be more regular. I would be happy for contact to be chaperoned initially and for this to be via P of NYAS or other court appointed official.
It is clear to me that L will try to stop all contact even if ordered knowing that we will just end up going to court again and again.
I would also like you to consider costs in this case. Please see this letter as a formal application for all three matters.
Yours sincerely
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