11 February 2010
Dear Sir,
Reference: Right of Appeal Case
I attach:
i) Correspondence from Solicitor that I do not believe you received prior to the case being heard.
ii) Letter from friend and former neighbor C.
iii) Correspondence from X Police and contact details for PC S of X Police for further evidence.
I would very much have liked to have had more than 2 days notice of this latest court appearance and am incredulous that it is left to my ex wife and not the court to inform me. Is this right? I was not able to attend and defend myself against these latest unfounded accusations I was out of the country. I asked Solicitor to represent me but he also was unable at such short notice and corresponded with the court but I do not believe you received this. His correspondence is included.
The court should also be aware of the other actions by the applicant in parallel with this application. These are:
A) Charging order against my property and that of 2 other non involved parties Case
B) Arrest by X Police 25/01/10 for harassment and release without charge. I was asked to attend X Police station 2 months after 1st accused. I agreed a date and was arrested and interviewed on all the same matters as per this case. I was bailed then discharged after the matter was fully investigated.
I can only answer the charges as I understand them based on a C100 and contradictory supplemental info form C1a received on Sat 30th Jan by recorded delivery letter.
1. In C100 The applicant claims I attended the family home on 19th November 2009. In C1a this is changed to “the father breaches order attends (estate) and is 3 feet away from (house) at approximately 1720 mother sees Father leaves and collects H and stays away elsewhere this night.”
This incident was reported to PC H of XPolice and he was told that I attended home for an hour (thus suggesting the applicant was there throughout and observed my departure. Based on your knowledge of both parties in this case and your concern over the applicants reliability as a witness I would ask you consider my evidence, the evidence I gave to X police and the evidence of C(neighbour) attached.
The reality was: I visited a neighbour at the time stated. In order to reach the neighbours I have to drive past house. I did not stop or observe anyone. Their property is approx 30m past the family home. I spent approx one hour with C and her son then eft and drove away without stopping or loitering in any way. I gave absolutely no reason for my ex wife to be threatened or concerned.
My reason for visiting. C and husband are good friends (both are solicitors and I felt could act with integrity and within the order) and I went to ask if C would do me the great favour of accepting H’s Christmas presents and the album (you looked at in court from xmas 3 years ago) and give them personally to H as I was certain that if I posted them they would not get to her . I had a cup of tea and discussed the matter with C and caught up on their news. C asked for some time to consider it and get back to me. She did so later in the week with a positive response.
Your order at a) to bar me from (village) is a denial of my freedom to see my friends. Can the family court really restrict my human rights in this way. The decision is made based on conflicting and inaccurate information designed to deceive. In short I attended a neighbours house I went inside for 1 hour and left. There was no contact. No breach of the order, no attempt to intimidate or harass. My ex wife has and is systematically cutting off H from all contact s who are still in touch with me.
2. I attended H’s school on 26th November by arrangement to attend parents evening. Neither H nor her Mother were in attendance and this was in keeping with the order. The Headmistress was not in attendance due to illness. I was invited by the Head of Music to attend the concert on 4th December . I did attend and on arrival I met the headteacher. We discussed my attendance. She explained that the head of music was wrong to invite me and that she would prefer to avoid a scene and asked if I could leave. I complied and at no point saw H or her Mother. It was not an intended or deliberate breach although I accept it as a breach and can assure the court it will not happen again. I am therefore accepting of this continued restriction at (b). I will not attend any school again.
3. I contacted an individual on facebook. Y. I enquired if she was a friend of H as it was not clear from the profile. From memory: I asked if she could tell H I loved her and if she wished to contact me at anytime she could via my facebook profile. The suggestion I have been harassing L or H is just wrong. The suggestion in the written evidence that this significantly effects H's performance is at odds with a recent letter to me from her attached. “and carries on all week “ suggesting this was a campaign on facebook all week is also totally incorrect.
4. “December 2009 father breaches order sends too many letters and parcels to H. One is DVD about man commiting suicide. Second hand DVD about widower Oxfam diary detailing dates of separation. Card promises better gifts if Harriet comes to his home. “
The above is complete fabrication. I sent one recorded delivery parcel for xmas. Not numerous. It contained 2 DVD’s both (12) cat Message in a bottle Kevin Costner and the other The notebook and both lovely stories no hidden message and certainly no suicide. It also contained a present from Oxfam a school place for girl in India and an Oxfam diary. A Xmas card stating that her best presents couldn’t be sent by post and would be waiting for her whenever she chose to come and collect them. This referred to the Album ( that she refused H’s god father from bringing and would have caused C too much animosity from L. ) Did you see the gifts in court? I doubt it.
5. “H very distressed and anxious throughout all of the above.” This is probably true! Why? Because the court has failed to explain to my daughter that what she believes about her father is a lie. It has allowed a mother to poison her child against her father and feed her on propaganda. It has allowed the applicant to use the law to reinforce the lies and use it as a means to harass and intimidate. To completely destroy not just one life but two.
6. In your order at c) you order me not to upload any image of H to an internet site and at d) using any internet site to obtain or transmit information relating to H. Why? What is wrong with me having pictures of my daughter on my facebook account. I don’t think this is legal and ask that you remove this restriction. Your order d) is draconian and cannot be legal. Forgive me but I thought that despite Gordon Browns best attempts we still live in a democracy. Your order suggests otherwise. I have not infringed the order of 29th April and this extension is uneccessary and illegal. If it is not changed I will have no other course than take the whole case to the High Court. I am sick of being treated as a criminal and as guilty and having to prove my innocence. The court sent me to prison once on incorrect and one sided evidence which subsequently proved to be wrong. You have found the applicant inconsistent in her evidence and driven by vengeance Yet you continue to make sweeping general orders that are plain WRONG. I have not breached the original order 2a
7. This application is purely aimed at trying to a) stop H from hearing any other views /opinions and therefore continue to keep a 14 year old from making her own b) an attempt to throw as much dirt as possible to reinforce the lie and get H to continue to think I am some psycho and ‘bad man’. I am happy to make an undertaking not to contact H ‘s friends via the internet or by any other means unless contacted by H. I am not happy to remove the photographs of H on my facebook site and see no reason for this but have done so.
8. Finally, making an order as to costs is in my humble opinion short sighted and will encourage the applicant to continue her harassment and intimidation through the court. . The applicant has next to bankrupted me and will continue to attempt to destroy me until she is stopped. I would ask you therefore consider no order as to costs. Please consider that I chose not to pursue costs in April last year despite your leave to do so. At 10 in the order. As I have stated I am happy to pay for my daughter via the CSA. I will do my absolute best for her if and when she contacts me but I will not give that woman another reason to continue to harass and extract money with menaces. In the space of 1 month I am being told I have to pay 180.00 costs in this case. Another £355.00 costs and £355.00 interest and £6250.00 in maintenance arrears. I gave away everything to my ex wife 3 years ago in a vain attempt to be rid of this woman forever and at a time of severe stress and depression. Partly down to the failure of the Court to deal with the matter in a timely manner. Yet it still goes on! I make one final plea for you to do the right thing and stop this insanity. I will wait until H is 16. I will disappear, but for the love of God get this woman off my back and out of my life.
Yours sincerely
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