Judicial Errors

Mishandling the case

The same judge has had most of the hearings having reserved the case to themselves. A different judge took the 2 committal hearings.

1. Prolonging the Case

Parents mediated for many weeks and reached a return agreement. By walking away from it in January 2024 Natalie flushed thousands of pounds of Legal Aid and court time down the drain. The judge could have written an order based on agreement. It would have resolved the case and enabled a safe return to the UK but the judge did not.

Three times in the last year Natalie has messaged agreement to our mediated outcome only to backtrack. I have shown the judge the messages but the judge did nothing.

Even though the judge said the case is going in circles they have mismanaged the case and for almost a year the judge has let the case run on Natalie’s whims.

2. Breaking ECHR Human Rights

The judge repeatedly stopped me getting legal representation in over 12 hearings. Please read the following link for details:

https://friendsoffairparentingpodcast.substack.com/p/human-rights-violations

3. Case Mismanagement

As well as prolonging the case the judge made other errors:

i) In my written statements and in court I have repeatedly said I am traumatised after 6 years of abuse and I am petrified of Natalie. The judge said I was a ‘scaredy-cat’ for not returning, despite seeing the judgements I have been abused. She is belittling someone who has been psychologically abused for years. I doubt the judge has training in the effects of abuse so does not understand the case.

ii) The judge said a mum winning custody was ‘pretty bog standard’. Perhaps the court should advertise this view so dads didn’t waste years and their wellbeing and savings hoping for fairness.

iii) The judge saw evidence Natalie has libelled me on a GoFundMe page. The judge did nothing but just said she didn’t think Natalie should be doing that.

iv) There was a publicity order with limitations. Natalie broke them repeatedly to make money and libel me. I showed the judge the articles and fundraising pages and asked the judge to restrict Natalie breaking the court order. The judge just said perhaps Natalie needed money. It is ridiculous. All children in family court are protected from publicity. Parents are not allowed to break this because they ‘need money’. Many parents need money - my life savings went because I had to pay for legal representation for 5 year in the UK while for much of that time Natalie got Legal Aid, perhaps fraudulently. Many parents are impoverished by legal costs but they can’t break court orders and do publicity to make money.

Not only did the judge, a High Court judge, not act to stop Natalie breaking the court orders, she basically greenlighted more by inaction. She also made a mockery of proceedings and did not give my daughter the basic protection all other kids get.

3. Bias

Proceedings are very biased. Natalie abuducted our child in 2019. She broke multiple court orders, got a penal notice, received a non-molestation order and was judged to be abusive:

https://friendsoffairparentingpodcast.substack.com/p/court-judgments

Even in the last year the judge has seen evidence Natalie has broken the court order on publicity multiple times. Also, the judge saw evidence Natalie has libelled. Nothing was done despite my requests.

I worried her skewed publicity would attract vigelante third parties and put dad and child in danger. The judge did nothing. I was so worried on 18th July 2024 I detailed my fears in an email to the judge’s clerk and asked for an emergency hearing but I was refused. Eventually my fears were realised:

https://friendsoffairparentingpodcast.substack.com/p/miceal-ohurley

Every court order broken by Natalie is ignored. Every concern of mine is ignored. Her abusive behaviour and contempt of court is ignored. My trauma and fear is ignored and I have been forced to represent myself against Legal Aid barristers over 12 times. It has caused a traumatised frightened person to be even moreso.

We had a mediated return agreement. It is clear Natalie isn’t prioritising return or parenting but is prioritising detroying me, yet the judge seems oblivious and joins in.

Clearly my fears are well founded with judgments, police evidence, vigilante, etc. Court could end the case with a protective order but through mismanagement have enabled more harm from Natalie - who has historical rage and anger issues in her medical notes - but the judge has belittled abuse and fear, mismanaged the case and driven it to a stage where there is nothing in the UK to return to (jail, homelessnes, probable joblessness, etc).

4. Taking My Family’s House

The court has now taken my family’s house to give funds to Natalie for a legal case overseas. It is unfair as we had a return agreement Natalie agreed and walked away from 3 times.

It also harms our child as it was our child’s inheritance, as she is in my will. Also, I offered in court many times to sign away any rights I have to the house and just pay it off for my child.

In that light, it’s hard to see why Natalie and a family court would harm a child in that way. They are just harding the child, not me.

There was no relevant case law for taking a house in a civil case. This is a civil case, not criminal, yet me and my family have been treated worse than criminals. I offered Natalie the money she wanted but she decided to take my house and the court let her. Why would the court do this?

Please bear in mind this is a civil (not criminal case) and I have been given a PRISON SENTENCE AND HAD MY HOUSE TAKEN BY A JUDGE, WITHOUT A JURY TRIAL.

The backdrop is we have a mediated return agreement. Natalie just wants to destroy me instead. Court should not be enabling it.

At the hearing which took the house the High Court judge couldn’t even be bothered to issue a judgement. He should have as it could have been used in case law.

Instead he said he would get a transcript produced. To date it has not been.

6. Interests of Justice?

The jailing of me and house loss harms my daughter (trauma now and ruins her financial future) and is not in the interests of justice:

i) Punishment - it is not, as return without safeguards is worse than jail, as it would mean 10 more years abuse.

ii) Deterrent - if the intent is to make an example of me I don't think it would deter other traumatised parents. It is more likely they would sell up and disappear without trying to mediate an outcome for both parents. A negative effect.

iii)  Rehabilitation - if someone is fleeing abuse, jail does not rehabilitate.

iv) Disproportionate - serious criminals who cause harm through drugs and violence are often not jailed.

A year’s sanctions have: frozen bank accounts, ruined credit rating (unpaid bills), ruined reputation (news stories) meaning I may not be able to find work, caused possible house loss (unpaid mortgage), a 1 year jail sentence already and passport cancelled. Having to appear in 12 hearings alone while denied legal help has been worse than jail. I have already been punished more than most violent criminals, pedophiles or drug dealers, yet I wished to return and parents have had a mediated agreement a year ago that Natalie has agreed and walked away from 3 times in the last year.

I have never been in trouble before and I only am now due to fear. Sanctions are counterproductive as inexplicably they began during mediation. They made a vulnerable, fearful person moreso. Without a protective order I am too scared to willingly return even if facing 10 years jail because I am more afraid of what NK will do on return.

This case has beome a travesty. Many parents flee and disappear. I have been treated worse than them and worse than hardened violent criminals. All I wanted was safety from abuse.

The judge has failed to get a grip on this case, failed to treat parents without bias, broken ECHR repeatedly, belittled abuse and failed to resolve the case when a mediated agreement was reached.