Parent vetted for political correctness – should the trial be in private?

CORNWALL SOCIAL SERVICES WANTS A SECRET TRIAL IN GAGGED DAD CASE

Please act now.  Hearing is on 23rd October 2015.

Question 1:  Should social services separate a child from his mum or dad, when mum or dad openly opposes a government policy that he or she considers to be morally wrong?

Question 2: If social services does this, and that parent sues the council under the Human Rights Act for interference with his family life and discrimination on the grounds of his beliefs, should the trial be held in secret?

The court in A v Cornwall (case number A88YJ875) will hold a three day trial in December to decide Question 1, as it applies to Gagged Dad.  He disagrees with same sex marriage and abortion.  Cornwall Council has therefore prevented Gagged Dad from seeing his son for just short of two and a half years.  Cornwall didn’t want Gagged Dad to “indoctrinate” his two year-old son in his own pro-life and homophobic beliefs.

On  23rd October 2015, from 10:30 a.m., at Exeter County Court, Gagged Dad is in court again, probably for the last time before the final, three day trial in December.  (I will have to represent Gagged Dad again.  He cannot afford a proper lawyer.)

Gagged Dad has defeated two applications to strike out his claim since he started his court case in March 2014, and two applications for summary judgment.  He has held at bay for almost a year, Cornwall’s application for his entire case to be heard in private.

Gagged Dad has enjoyed heart-warming support, including from strangers, resulting in twenty or so people attending his three court appearances so far.  He is grateful for this generous show of support.  It may well have affected for the better the outcome of the court process so far.  But will the support continue?

This 23rd October hearing is to decide the answer to Question 2.  Will the public be excluded from the trial in December, including the four grown-up brothers and sisters of Gagged Dad’s son?  Will Gagged Dad be in court on his own, the only member of his son’s entire family ever legally entitled to find out what happens in court in December?  (Gagged Dad’s youngest son has four adult half-siblings, eight older and younger nephews and nieces closer to his own age, three aunts and two uncles, and countless other relations on his father’s side of the family, none of whom Cornwall want him ever to see again either.)  Or will there be open justice, with the newspapers even being allowed to write about this case, as long as they don’t name names?

Gagged Dad blogged here about Cornwall’s bombshell after he had referred his son to social services himself. That was just six days after the social worker admitted her agenda.

Two year-old’s contact stopped with “homophobic” dad

At the time, the Marriage (Same Sex Couples) Bill was being debated.  An amendment was being moved to protect professional foster carers who disagreed with “same sex marriage” from being banned from working at their trade, but nobody in Parliament had bothered to move an amendment to protect real parents from having their own natural children taken away from them as a punishment for disagreeing with the same sex marriage policy, so I blogged this:

Why foster carers, but not natural parents?

The circuit judge hearing the application for a secret trial in Exeter on the 23rd is His Honour Judge Cotter QC. HHJ Cotter has indicated that he is obliged to hear and to consider representations from the media (which nowadays surely includes anybody with a website, a blog, or a social media account!) as to why they want to be allowed to find out what happens in December, and perhaps to discuss the issues.  The judge is probably also obliged to consider representations by the general public, including Gagged Dad and his son’s other family members, all of whom are likely to make representations, and even including you who are reading this.

What Gagged Dad would like, is for anybody who thinks that such an important principle as Question 1 shouldn’t be decided in a secret court hearing, with the judgment never published, to make representations to the judge, as to why he or she thinks that it is fairest for Question 1 to be decided in open court.

It is important that as many people as possible attend the court in Exeter on 23rd October.  However, it will be of some help if those reading this blog who cannot get to Exeter easily, at least write to the judge between now and the hearing.  I would be grateful if any emails to the judge are copied to me please, because I shall be representing Gagged Dad in court that day too.

You can write to HHJ Cotter by emailing the court, marked for HHJ Cotter’s attention, and quoting case number A88YJ875, A v Cornwall, at cloexeter2@hmcts.gsi.gov.uk. My own email address is John_W_Allman@hotmail.com.  (My other published contact and social media details are on the Contact tab of this blog.)

Please follow this blog using the dialogue near the top of this page on the right (unless you are using a mobile phone). You will then automatically receive an email informing you whenever I post further news of this court case, for as long as I am still allowed to do so.

If you are a Christian, like Gagged Dad, then please also pray about this case.  Please pray for Gagged Dad and his son, who is now five, and for the rest of the family.

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4 Comments

Filed under Children's Rights, Family Rights, Gagged Dad, Homophobic, Human Rights, Law, Men's Rights, Persecution of Minorities

4 responses to “Parent vetted for political correctness – should the trial be in private?

  1. RaymondTheBrave

    Dear All,

    What I am about to say, I say with all empathy and love.

    I got divorced (1994) when my children were 2 and 5 years old. The divorce was started by my ex-wife. Over the next 18 years or so I was battered and hurt on a regular basis by my ex-wife in various ways normally concerning money. Over time my ex-wife convinced the children that I was the worsted father in world and that they should not keep in contact. It is called Parent Alienation Syndrome (PAS). Here is post I have done on this subject and more detail on my story. http://wp.me/p6JykR-mB

    So based upon very hard experience and research I would suggest that GaggedDad think about is this all worth it.

    This process is hurting him emotional, physically and no doubt financially and the society of today is anti fathers rights and pro gay agenda.

    He needs to be healthy and in a good way when his sons is old enough to make some decision for himself. This might take a long time and yes I know how much this hurts.

    Many fathers around the world have had to come to this decision however painful it might be.

    GaggedDad is not giving in and saying that it is alright but that he is making an informed decision about how this will play out if he carries on with trying to get access to his son. The law and society are on his ex-wifes side. His ex I would think is not really concerned about his stance on gay issues but she wants complete control of her son and thus hurt her ex-husband. This she will do without a major change of heart.

    GaggedDad can write a letter explaining the reasons for him so called not fighting any further and lodge it with a legal firm or bank for safe keeping to be read when the son has reached a certain age.

    All Christians concerned can keep praying for the eyes of the mother to be opened and to accept Jesus as her Lord and Saviour and thus have a complete change of heart.

    There is support for fathers in this position and GaggedDad can find help there.

    This world is not going to get better based upon Biblical prophecy and just what we see what is happening especially in the western world.

    There is a Manifesto called Gay Freedom Front manifesto written in 1972 and outlines in detail the destruction of the family as this is seen as the structure which stops the gays from getting what they want. They have been successful.
    Here is the web document and a PDF version afterwards :- http://www.petertatchell.net/lgbt_rights/history/Gay-Liberation-Front-Manifesto-London-1971.htm

    http://www.awakeman.co.uk/Sense/Books/GLF%20Manifesto%201971.pdf

    Why have I mentioned and focused on the GLF Manifesto as it shows the actual power behind what has happened over last 40 or so years and helps us understand at least why it is happening and that it is not the GaggedDads fault at all.

    Please pass on my sincere support for GaggedDad and I wish I could give him a man hug.

    A brother in Christ
    Raymond Clements

    • RaymondTheBrave

      Hi John,

      I have now realised that you know all about PAS so I am preaching to the converted, Soory! So maybe you help me in the future as my two children Amy (26) and Luke (24) do not talk to me. My daughter is the worst. I found out a couple of days ago that my son has gotten engaged, which is something but I have no other details and they both struggle with their feelings towards me.

      I do not know I should be doing if anything?
      Blessings
      Raymond Clements

  2. gaggeddad

    I would like to thank the 21 who wrote to the judge and the 17 who attended the hearing, of whom four or more, three of them journalists, addressed the court. I would like especially to thank Stephen Green for his coverage before the hearing, in Christian Voice.

    The hearing was bedevilled by the following problem: That the application for a private hearing was founded upon (I say) a false premiss, that my case was an attempt to have reconsidered family court proceedings that were properly held in private, in which the Defendant had played an expert witness role. I have not impugned in this case the outcome in the family court. It was said that the Defendant could not defend my claim without referring to those other matters, which ought not to be aired in public. The judge appeared to me to be taken in by this protestation, and to have insinuated that there was far more to this case than John Allman had brought to public attention.

    I was therefore not allowed to refer to the facts that I am pleading, which are not connected with the former family court proceedings. I was prevented from thus refuting the Defendant’s false premiss. This restriction upon my ability to argue my case for a public trial was imposed because of the presence of the public at the hearing. I consider that restriction to have been unnecessary and unfair. I have made an appeal to the High Court, asking for the judgments and order of HHJ Cotter to be set aside, which include an order for any eventual trial to be held in private. The actual trial in December has been vacated, and is now, if ever needed, likely to be in the new year.

    Incidental to my appeal, I have applied for transcripts of HHJ Cotter’s oral judgments, in order to become able to perfect my provisional appeal grounds. I have also applied for strike-out of the Defence and summary judgment. I have applied for members of the press and public to have an extension of the time allowed for them to appeal, separately from my appeal, until after a transcript of the judgments has been made available.

    My appeal and the hearing of my applications incidental to the appeal will all be held in public. It therefore follows that this is not a case that has irretrievably disappeared behind closed doors. There will be at least one further public hearing, and possibly one in which the High Court will make its own fresh decision, which I hope will be different from that of HHJ Cotter in the county court.

  3. Pingback: Gagged dad to appeal private hearing ruling | JohnAllman.UK

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