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Our Readers' Opinions
February 8, 2013

What is going on in the family court?

Fri, Feb 8, 2013

Editor: In 2007, I voluntarily gave up custody of my two children to their father who lived in England, because I thought they would have better opportunities there. I did not see them again until 2011, when I went to England and realized that they were desperately unhappy and hinted to me of abuse at the hands of their father.{{more}} Last year, plans were made for them to come home for the 2012 Christmas holiday. I made a decision that I would make an application, through the family court, to regain custody. The boy is now 12 and the girl is 10.When they came, their father stated to the court that they had destroyed his marriage.
 
Custody was granted back to me; they settled in and started school. On Monday, 28th of January I received a call from the family court, saying that I must bring the children in immediately because their father wants only my daughter to return to England. I left my work, took them out of school and went straight to the court. A ruling was made that my daughter was to be returned to England no later than the following morning. I begged them to let me have one more night with my daughter. That never happened. She was removed from my custody right then and there and was given to someone who I do not know, but who their father knows. I was beside myself.
 
My son was devastated. My daughter was traumatized. We were not even allowed to say goodbye to her! Everything happened so suddenly that I was not even given a chance to obtain legal counsel. Before I left, the family court counsellor told me to come back on Wednesday morning and I will be able to see my daughter (after telling me she is leaving on Tuesday morning). After I leave, I go and seek legal advice. My lawyer tells me we can file an injunction that will prohibit her from leaving the country; however, we need access to a document in her file at the family court. The court tells my lawyer that they are unable to locate the file! Wednesday morning I go back to the family court, because I have been promised that I can see her one last time.
 
When I get there, they tell me that they never made that statement. I am told that the woman who has my child does not actually have a court order to keep her, but when I call her to ask her if I can see my child she says she cannot let me and unfortunately, I do not know where she lives. My situation becomes so desperate that I have someone watching for my child at the airport. On Thursday, when the injunction to stop her leaving finally comes through, I learn that she has already been flown out while case was still pending! We did not get to say goodbye. My son and daughter, who are very close to each other and have been through a lot together over the past couple years, have literally been ripped away from one another.
 
My boy has done nothing but cry since she was taken and he is desperately afraid for her, because while they were in England he thought of himself as her protector. Now he is lost. He is only twelve years old and will sit for the common entrance exam this year. I only hope he will recover enough to get a good result! And my poor daughter! I do not even know if she OK after the ordeal. They told me the reason why they were sending her back was because she said she wanted to go back. I would feel better if I could have at least gotten the chance to hear the words from her own mouth. My questions are: what is going on in the family court? Are they really interested in the best interest of innocent children? Do I as a mother even have any rights? The fact that she was flown out while the case was still pending is questionable. This matter must be investigated because children are fragile beings who need to be protected at all costs and it is a very sad day when a mother has no rights!

Rockelle Payne

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