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The
Afro-Caribbean father cut a lonely figure in his open-necked shirt as he faced
the judge in the echoing court.
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Mr Justice Hedley: 'Almost all
our work has an international dimension now' |
He
had not seen his children for two years. There were no lawyers and the mother
could not attend.
The setting was one of the grandest of the Victorian Gothic courtrooms at the
Royal Courts of Justice ? scene of many a highly publicised battle. But today
the oak benches and public gallery were empty. It was a family court ? where
justice is dispensed behind closed doors.
The father?s words were almost lost in the lofty ceiling vault. If he expected
a final decision, he did not get it. Mr Justice Hedley ? wearing a suit (no wig
or robe) ? told him he was sending the case to Croydon where the mother lived.
This had two advantages: a single district judge could take charge of the case
and a contact regime could be set up at a special centre. ?I would appreciate
it,? the man said. 'I?ve not had any contact with my children since 2006.'
In his room the judge explained that the ?intractable family dispute? had run
for years. The man had been offered contact under supervision. He had refused
but wanted to reapply.
As the family liaison judge for Greater London Mr Justice Hedley, 62, is
responsible for family courts in the capital outside the High Court. But this
was holiday time and he was doing a stint of vacation duty ? a mix of emergency
or procedural applications in continuing cases that need attention.
Judges, and the system, feel beleaguered. The Times has accused family courts
of operating in a ?conspiracy of silence? ? particularly in care cases. While
injustices may occur, judges feel that the picture is distorted. So The Times
had been granted rare access to sit on the bench and witness family justice
from a judge?s-eye view.
Mr Justice Hedley, who with his wife had two children and fostered three
others, adopting two of them, admits that he may have handled ?more children?s
cases than any other judge?. By the law of averages over 16 years? judging he
must have made mistakes, he admits. When he has been troubled over a decision,
it had not been over removing a child from its home, rather over returning a
child to where it might be at risk.
?I?m human like anyone else but I don?t remove a child unless I?m as confident
as |I can be] that it is the right thing to do. If you have to make a choice
between the welfare of the child and the rights of the parents, the welfare of
the child has to prevail. Inevitably that will result in the occasional
injustice because someone will get it wrong. But an injustice to the parent,
however grave, is probably less grave than returning a child to an environment
where it is at risk.?
In court again there was an abduction case involving a couple of Iranian origin
from America. The wife had fled with their baby to the UK. ?Almost all our work
has an international dimension,? the judge said. ?Often it involves us
wrestling with the laws of another country, which can be quite difficult.?
Both parents had lawyers. The father claimed custody rights but the mother
alleged that he was abusive ? and said she could not return to the US because
she was a ?visa overstayer?. Pending a full hearing, the main issue was what
contact in London the father could have with the baby, now five months. The
judge became impatient. ?I will have to make a rough-and-ready decision ?
there?s no way I can get to the truth of what is said here. Each just denies
what the other says.? All logic and sense had ?fled from the case?. His ruling
(after questions about the baby?s sleeping patterns) seemed fair: contact every
other afternoon, initially supervised but not thereafter. Neither parent had
?won?.
Next was another international abduction case involving a Czech teenage mother
and child: the father alleged the mother had brought the child permanently to
the UK and then wrongly abducted the child back to the Czech Republic. The
question was where the child permanently lived. This time the parents were not
in court. The judge had to decide how much oral evidence to allow at a future
hearing. There had to be limits, he said.
Left with extra time the judge?s clerk, Christopher Mills, identified
?floating? cases, hoping for a slot. Mr Mills, a former detective sergeant with
the Metropolitan Police and lance corporal with the Grenadier Guards, provides
the papers to keep the judge ticking over. ?All he has to do then is worry
about the judging,? he said. Presented with four lever-arch files, Mr Justice
Hedley had just minutes to grapple with the new case. In one month he has dealt
with about 100 such cases. All require crucial decisions. He snatched a
sandwich and roughed out a judgment.
Next up was the case of a businessman in jail in America whose wife had flouted
a court order to flee with one of their children to the Middle East. The other
child was in Britain. She wanted to establish a regime of contact with her
first child, anticipating the father?s return in the near future. Neither was
in court. ?Everyone in this case has behaved disgracefully,? the judge said.
?You both come here with unclean hands ? one has committed offences in the US
and the other is a contemnor. He added: ?Everyone has lived as if the law did
not matter and suddenly they want the law to sort things out.?
Back in his room, he said that he had ?endless patience? in cases ? such as
care proceedings ? ?when dealing with people where everything?s too much?. It
was different where ?people ought to know better?.
Finally there was what seemed a bitter wrangle with a father alleging that the
mother, living in Cambridgeshire, was unfit to care for their child. A
middle-class couple, each looked strained and avoided eye contact. The case
?has a long and unfortunate history as this father has tried to establish
contact with his daughter?, his barrister said. The mother gave evidence to
confirm where she lives and the judge ordered her not to remove the girl from
school pending a hearing. From time to time the mother shook her head at
comments by her husband?s counsel or leapt forward to brief her own. The case
now goes to a district judge.
Family courts are accused of being unfair to the parent without care of the
child ? usually fathers. Mr Justice Hedley disagrees, save for a hard core of
intractable cases ?where you are not dealing with wholly rational parents?. He
added: ?One thing I am not prepared to do is to make children pay the price of
their parents? conflict. So if there are persistent rows when the child is
handed over and the whole thing is misery for the child, that?s a factor with
me and the loser is likely to be the non-residential parent.?
It had been a typical vacation day. Justice was dispensed; and if, in the
judge?s words, it was sometimes rough and ready, it seemed fair. All could
withstand public scrutiny. Would the family courts get a better press if more
open? It is in judges? own interests, he agrees, that as much is done in public
as possible. Many judges have no problem with that: ?It makes no difference
whether I sit in open court \ or not.?
He has allowed broadcasters into a care case, subject to anonymity orders, and
had no problem with coverage in the case of Charlotte Wyatt, in which he ruled
that doctors be allowed to let the severely disabled toddler die if they felt
that was in her best interests. But views diverge: one problem would be cases
that attract?supporters? clubs from hostile families?. Could anonymity be
guaranteed? To hope for that in a ?highly fraught private family case may be
singing in the wind?. ?There is a good case to be made on both sides ? but it?s
a matter for Parliament.? |
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