IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE - FAMILY DIVISION
(MR JUSTICE SINGER)
Strand, London, WC2A 2LL Friday, 7 December 2001 |
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B e f o r e :
LORD JUSTICE KEENE
and
SIR SWINTON THOMAS
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R (Children) |
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Smith Bernal Reporting Limited, 190 Fleet Street
London EC4A 2AG
Tel No: 020 7421 4040, Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
BARRY SINGLETON QC and DEBORAH EATON (instructed by Messrs Manches & Co of London WC2B 4RP) appeared for the respondent
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Crown Copyright ©
This is the judgment of the court.
"I wish to share contact equally with the petitioner so that the children spend 50% of their time with me, including their school holidays, half-terms and all other times to be equally shared."
"The father has demonstrated by his words and conduct that he has been unable to move on following the breakdown of the marriage. He has taken no adequate steps to seek appropriate or psychiatric or psychological help for this very obvious problem which has completely consumed him ...."
"The father's conduct of this litigation, and the impact it has had on the children, is such that his capacity to have further recourse to the court should be regulated under section 91(14) Children Act 1989."
"6. Before a final order in relation to contact is made the father should submit himself to a psychiatric examination by a consultant adult psychiatrist. The following consultant psychiatrists are suggested: Dr Nigel Eastman, Professor Christopher Cordess.7. If the father refuses to be examined by a psychiatrist the court should not make a final order in relation to contact and must implement a framework within which the children could see the father whilst their interests are safeguarded.
8. In the light of the fact that the father appears in person the letter of instruction should be one approved by the court. A draft will be provided after findings have been made."
"Q Sometimes when courts are worried about the parties or the whole family, they ask them to submit themselves as a family, parents and children, so that the court can have expert help and it is an on-going process. Would you have considered that sort of .... A I would be very happy to be guided by any good professional outside opinion that would help resolve this problem.Q But sometimes, Mr R, when the courts are worried about one of the parties and feel that there is a continuing need to monitor that person's condition and the impact of that condition on the children in the case, they ask that parent .... to undertake to submit him or herself to a psychiatrist so that the court can have some help with how that person is likely to behave. A I am very happy to co-operate in any way, shape or form which would assist the court."
"MR R: Excuse me, my lord, what week-end contact?MR SINGLETON: This week-end's contact.
MR JUSTICE SINGER: This week-end's contact.
MR R: In what respects?
MR JUSTICE SINGER: I do not know what the application is going to be.
MR R: Could Mr Singleton please tell me.
MR SINGLETON: Yes, I am going to suggest that it should be suspended.
MR R: What is your lordship's reaction to that.
MR SINGLETON: I have not made the application yet.
MR JUSTICE SINGER: I have not made a reaction."
"I do not intend to continue my cross-examination of this witness. I do not intend to call any further witnesses. My reason for this is I have come to the conclusion that over two trials that I have stood in before you, I feel it is incapable of the truth coming out and my receiving a fair trial, and I do not wish to subject decent and honest citizens to the sort of interrogation that I have had to endure in these two trials.I am a perfectly sound, straightforward man and my reasons for bringing these proceedings are perfectly fair and reasonable. I will be prepared to subject myself to psychiatric tests on the condition that my wife does the same and the children are allowed the opportunity to see the children and family reporter.
The issues raised in this case and in the ancillary relief proceedings are such that I feel that they have become of public importance about the way these matters are conducted, and I intend to take my representations to a higher and wider forum.
My submissions to this court are closed. I leave it to the other side. This is my fax number at my office, and if you wish to stop the children seeing their father this week-end, perhaps somebody can notify me by one o'clock, so that we can stop the arrangements being put in hand to collect them before I get home this evening. I will leave it to you to get on with. Thank you, my lord."
"3. The applicant father is hereby restrained either by himself or through any third party from(i) assaulting, threatening to assault, molesting, harassing, or pestering PAR.(ii) communicating with PAR, GJR and JJR.
This shall include
(a) direct communication;(b) telephone calls;
(c) text messages;
(d) facsimile transmission;
(e) e-mail;
(f) letter.
For the avoidance of doubt this shall not include communication during contact as ordered by the court, or as agreed between the applicant father and the solicitors acting on behalf of the respondent mother, in writing.
(iii) save as may be necessary for the purpose of contact as ordered by the court or as agreed between the applicant father and the solicitors acting on behalf of the respondent mother in writing, entering or approaching within 100 yards of
(a) MFH aforesaid,(b) .... .... School, ....
(c) Any other property at which PAR, GJR and JJR are staying or visiting.
(iv) contacting, whether directly, by telephone, facsimile transmission, e-mail, letter or howsoever otherwise any member of staff at .... .... School.
4. The applicant father shall not either by himself or through any third party:
(i) discuss with the children any aspect of the issue of residence or contact,(ii) discuss with the children any aspect of these proceedings, or any other proceedings (including proposed proceedings) relating to them,
(iii) disclose to the children any documentation in respect of any other proceedings (including proposed proceedings) relating to them.
5. Paragraphs 3 and 4 of this order shall continue until 21 May 2002 or until further order meanwhile.
6. The application by the respondent mother for an order pursuant to the provisions of section 91(14) Children Act 1989, is adjourned and the same shall be further considered by the court at a hearing on a date to be fixed in consultation with the Clerk of the Rules.
7. This matter shall be relisted for further consideration of contact issues and the respondent mother's application for an order pursuant to section 91(14) Children Act 1989, on a date to be fixed in consultation with the Clerk of the Rules. The time estimate for this and for outstanding matters in relation to the ancillary relief proceedings is (in aggregate) 1 day.
8. In the event that the applicant agrees to submit himself to examination by a consultant adult psychiatrist
(i) the matter of the identity of that psychiatrist and the terms of his appointment, unless previously agreed by the applicant and the solicitors for the respondent, shall be further considered at the hearing referred to in paragraph 7 above.(ii) there be leave to disclose to the consultant adult psychiatrist a copy of the transcript of the judgment delivered on 23 May 2001. No further documentation filed in this case shall be disclosed without leave of the court.
(iii) the applicant shall serve on the solicitors acting on behalf of the respondent, and file at court, a copy of a written report from the consultant adult psychiatrist instructed immediately after it has been completed.
9. The applicant shall on or before 4.00pm 29 May 2001 deliver up to Messrs Manches, solicitors acting on behalf of the respondent, each of the children's United Kingdom passports.
10. The applicant father shall pay the respondent mother's costs of this application as summarily assessed on an indemnity basis in the sum of £170,000.
11. This matter be reserved to Mr Justice Singer if he is available within the jurisdiction."
"Upon the court inviting the applicant father to submit himself to examination (at his expense) by a consultant adult psychiatrist whose identity and terms of reference are to be agreed by the applicant and the solicitors for the respondent, or, failing agreement nominated and or settled by the court for the purpose of preparation of a report to be filed within these proceedings."
"1. I was prevented by the judge's biased treatment of me from properly presenting my case to the court.2. I attempted to advocate the application myself. My opponents were Mr Singleton QC and Miss Deborah Eaton, which made my task difficult enough, but my attempt was made impossible by the judge's attitude and behaviour.
3. I was forced to give up, defeated by the judge rather than the arguments. I did not complete my cross-examination of the mother, was unable to call my supporting witnesses and did not have the opportunity of cross-examining the children and family reporter.
4. Had I been able to conduct and complete the applications without the stress and agitation caused by the judge, a different result would have been achieved."