Archive for January, 2011
Proof in Child Custody hearings – the significance of Email Forensics
I recently attended a hearing at the Federal Magistrates Court in assistance of one of the members of Fathers4Equality.
I don’t often write about the cases that we support, but in this case there was an interesting dispute over evidence, being an alleged email that was sent and read.
This dispute was of keen interest to me because in this day and age, email and text messages have become the primary source of ‘proof’ tabled in family law matters. This seems to be a suprise to many people in domestic abuse disputes and child custody matters, given that all sorts of bizarre, threatening and incriminating emails and text messages keep being sent, only to seriously bite the sender in the backside in Court.
In any case the father in this instance insisted that he sent an email to the mother on the day that the child was to be returned to her, advising her that the child was ill and that she may be returned late. The child was ultimately returned back to the mother a little late.
As the parents had a poor relationship, email correspondence was the standard way that they would communicate, so the fact that the father had alleged that he sent an email advising the mother of this event was not out of the ordinary.
The mother however claimed that there was no email. She alleged that this was all part of a pattern by the father of late deliveries, and that the ‘email’ story was a concoction made up as an excuse for Court.
Now this issue, as it so happens, was not further investigated by the Court, but had it been, it could have ended up being a key deciding issue leading to the credibility of both of the parties.
Had proper measures been taken by the father, for instance, he could have, assuming he was telling the truth, prooven that not only did he send the email, but that his ex-wife actually read the email. He could also have shown what time she read the email, for how long she read it, from what location and interenet account, and even from which computer.
As it should be clear in this instance, with a little preparation, the ex-wife could have been conclusively shown to have ‘lied’ in Court on this matter, had she in fact been untruthful.
I raise this story because time and time again I have cautioned separating parents to think carefully about the emails they send during the ‘difficult’ early periods of separation.
I also urge separated parents who correspond primarily via email to safeguard their correspondence by either BCCing a trusted friend, by using a Return Receipt facility if available in the email client, or ideally by using a professional email forensics service such as ReadNotify, which not only provides Court admissable proof that an email has been sent, but also when it has been read by the other party.
Try Readnotify now with a free no-obligation trial.
Using certified messages and digital signatures, ReadNotify offers proof of when you sent a message and when and where it was opened.This service can also send messages that self-destruct after having been opened once, and make it difficult to copy or print the email contents.
If all this sounds a bit complicated, it is not. ReadNotify comes with various simple add-on tools that seamlessly ‘track’ emails with little effort from the sender.
- ReadNotify provides email tracking and proof of sending as well as reading.
- Readnotify records when, where and how long an email was read.
- Location, ISP and computer settings are also recorded, as well as which attachents or links are opened/clicked
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ReadNotify can also send messages that self-destruct after having been opened once.
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ReadNotify can make it difficult for the email recipient to copy or print the message contents.
- A Windows tool plugs into many programs and catches all outgoing mail seamlessly.
- ReadNotify integrates with Hotmail and Yahoo! Mail in Internet Explorer.
- You can also send a tracked email simply by adding “.readnotify.com” to the recipient’s address.
- You decide whether tracking is transparent to the recipient or “invisible”.
- “Ensured-receipt” messages are kept at ReadNotify servers and thus tracked under all circumstances.
- ReadNotify uses PGP signatures including time-stamps to prove sending and opening of emails.
- In addition to the recipient’s location, ReadNotify can track forwarded emails and attachments.
Try Readnotify now with a free no-obligation trial.
Malicious Mothers now targeting Grandparents against Shared Parenting
THE Family Court is “creating a new stolen generation” by placing children with their estranged grandparents.
An angry Adelaide mother claims federal laws eroded the rights of parents and favoured grandparents, who had the time and money to fight long, expensive legal battles.
She said the system left children as young as four at the mercy of neglectful older relatives, risking their psychological wellbeing.
“The family law system is driven by money and if you cannot afford it, then you have no hope of justice,” she said. “Why should any mother be forced to give their child to a person they do not trust to keep them safe?”
In 2000, the Howard government changed the Family Law Act (1975) to emphasise “shared parenting” of children. Amendments gave grandparents the right to seek overnight, partial or total custody of a child.
Parents are required to leave children at “contact centres”, monitored by social workers, so a relationship can develop with the grandparents.
Those who refuse risk jail and appealing against a Family Court decision costs in excess of $6000.
This month, a grandfather was given access to his dead son’s daughter – a child he had not seen since the day she was born. His application was granted despite the objections of the girl’s mother.
That decision has prompted another mother – who cannot be identified – to speak out. “The court is creating a new stolen generation due to the forcible removal of children from their parents,” she said.
“Why are children as young as four being forced away from their parents in confusion?”
She has written to federal Attorney-General Robert McClelland, asking that he change the law so grandparents cannot seek custody until children turn 12.
“The law as it stands gives a grandparent power and control over a parent’s life,” she said. “At a time a person should be raising their child, they are consumed with fighting to prevent parenting orders being given to a stranger.”
SA Law Society president Ralph Bonig said imposing age restrictions would harm, not help, children.
A spokesman for Mr McClelland said the Federal Government was “confident” the system “adequately” catered for the individual circumstances of each case.
- Sean Fewster
- From:The Advertiser
- January 28, 2011
Dad, son reunite after Europe cycle search
Six-year-old Andrew Thompson is set to return home to Australia almost three years after his mother ran away with him, prompting his father’s desperate search.
Former NSW deputy fire chief Ken Thompson retired from his job to cycle 6500km across Europe in a bid to find Andrew, who was taken overseas in April 2008.
Andrew and his mum, Melinda Stratton, were finally found living in Amsterdam more than two years later, following a tip-off, and sparking a protracted legal battle.
This week, the Netherlands Hague Court granted Mr Thompson the right to take his son home.
"Under this order, Ken and Andrew recently left the Netherlands and went to another location, where they await further travel arrangements to be finalised," reads a statement issued on Mr Thompson’s behalf.
"No further information will be provided by Ken until he has brought his son safely home."
Mr Thompson gave an undertaking to the Dutch court that he would not speak to the press in the lead-up to the issuing of the court order, and hopes to continue to keep the media at a distance, especially from his son.
He hopes the Australian media will respect Andrew’s privacy and let him "merge quietly back into the life that he lost and to move forward", the statement says.
Mr Thompson, who labelled the whole process "exhausting" for both himself and his son, is expected to be back in the country before the start of the school term.
Ms Stratton, currently in custody, has been fighting an extradition order to Australia since late December.
She argued that she took Andrew overseas to protect him from his father, who she says abused their son.
Mr Thompson has repeatedly denied the claim and has expressed concerns about his estranged wife’s mental health.
Despite what charges she faces over abducting her son, it is understood she will continue to fight for custody, having sacked her Australian lawyers last week to engage new council.
Mr Thompson last year said he did not want his wife to go to jail and even raised the possibility of reconciling with her.
"Throughout this whole ordeal I have never said: `I hate my wife’," he told ABC Television.
"What I’ve said is: `The woman I married and had a child with has done something wrong’.
"Whether we can get back together, I don’t know."
http://au.news.yahoo.com/latest/a/-/latest/8695190/dad-son-reunite-after-europe-cycle-search/
Twitter communication for single Aussie fathers – subscribe now
Twitter has been the communication phenomenon of the past 12 months, and yet the vast majority of single fathers that I have spoken to are too intimidated by this technology to use it.
http://twitter.com/fathers4equalty
Well fear not guys, as it quite simple to use, and just as easy to switch off if you get tired of it, which is unlikely given the enormous growth rate that Twitter has been experiencing lately.
But what exactly is it you ask?
Simply put, it is like a huge mailing list, where one email (or Twitter post) can literally reach millions of people in a matter of minutes.
And you can read these ‘tweets’ from your computer, or from your mobile phone.
http://twitter.com/fathers4equalty
And before you ask, NO, your email address and your mobile phone number are not used to reach you, so you can have complete privacy if you choose.
So how does this help single fathers?
Well let me explain by way of example. Did you hear happened in Tunisia recently? People power over-through a corrupt President, by galvanising on the streets at the request of a popularly subscribed Twitter poster.
Had it not been for Twitter, these protests would not have occurred, and this corrupt President would still be in office.
So think how this could be used by single fathers if we need to share important information between us in a very short space of time. We may not necessarily revolt, but we can sure complain in unison, and as we well know, in a democracy it is the most vocal who are listened to,  not the  most just.
And there is only one tool to help us achieve this, Twitter, but it will only work if you subscribe, so HELP US to HELP US ALL by joining now!
http://twitter.com/fathers4equalty
21 year-old woman jailed for two years for false rape claims against four men
A woman was jailed for two years today after being exposed as a serial liar who repeatedly made up stories that she had been raped.
Emma Blunden, 21, from Reading, Berkshire, was sentenced at Reading Crown Court after been convicted of two counts of perverting the course of justice at the same court in December.
The court heard that a total of four men were arrested over both allegations, but all were freed without charge.
Blunden’s lies began on July 26, 2008, when she reported to police that she had been raped by James Mabey, 26, in a hostel where she was living in Newbury.
Police then arrested Mr Mabey who was questioned for 17 hours before police realised he was innocent and released him.
The judge was also told about how Blunden boasted about having sex with Mr Mabey and sent him a text message to apologise for getting him arrested.
She was then arrested herself and interviewed about her false allegations but released so that police could investigate further.
While out on bail she went to a party and flirted with a man before letting three men have sex with her in a communal bathroom, one after another.
She then left the party and dialled 999 to say that her train fare money had been stolen before saying she had been gang raped by three men – Shane Roberts, 23, Craig Pilime and Colin McDonagh, both 21.
They were all taken in to custody and were needlessly questioned for up to 13 hours each, before they were released without charge.
Sentencing her Judge John Reddihough said: ‘False allegations of rape were made which saw a number of men kept in custody for many hours. The first incident was a misguided attempt to win back a former boyfriend.
‘The second saw three men spend from 11 and a half to 13 hours in custody over allegations made against them. Perhaps you were ashamed of your own sexual conduct to these men.
‘I take into account no previous convictions, your age, maturity and the pre-sentence report but on two occasions you made false allegations and only a custodial sentence is appropriate in your case.’
Blunden was handed two consecutive 12 month prison sentences for perverting the course of justice and was told she would face a minimum of one year in prison.
Detective Sergeant Elton Evans, from Thames Valley Police, said: ‘As a result of Blunden’s allegations the men were arrested and had to go through some intimate forensic checks.
‘We take every single report of rape very seriously. Each report is dealt with by detectives and other specialist officers who conduct a full investigation at great public expense.
‘The investigation of any false or malicious allegation diverts valuable resources away from genuine crimes with genuine victims.
‘We will take action against anyone who reports a false crime and wastes police time.’
Defending Blunden Nicholas Doherty said that she needed help to ‘amend her personality defects of depression and insecurities.’
Mother playing on Facebook while her one-year old baby drowned in bath
A FORT Lupton, Colorado woman, charged over the death of her one-year-old son who drowned while she was preoccupied by Facebook, appeared in court yesterday.
Shannon Johnson, 34, told police she had left her child in the bathtub while she played Cafe World, shared videos and checked on a friend’s status on Facebook in the living room last September.
Ms Johnson said she had left the child alone for 10 minutes, checking on him once. When she could not hear any noise coming from the bathroom after another three minutes passed, she went to check on him again and found him face-down in the water, according to the arrest affidavit cited by ABC 7 News.
The boy was taken to hospital where he was pronounced dead. A final autopsy report January 3 said he had died of anoxic brain injury, cardiac arrest and drowning.
Ms Johnson has been charged with child abuse resulting in death.
Ms Johnson said she had left her one-year old baby alone in the bath because he was “independent” and she did not want him to be a “momma’s boy.”
Ms Johnson – who requested a public defender during the hearing Friday – was being held in lieu of a $100,000 bond, The Denver Post reports.
Mother ordered to immunise child in Family Court proceedings
A SYDNEY mother has been ordered to have her five-year-old daughter immunised in a controversial Family Court decision.
The girls’ father, who remarried and had another child, wanted the girl vaccinated against preventable diseases for her own wellbeing and the health of his other children.
But the girl’s mother said her daughter was healthy and the risk of vaccine-preventable diseases was very small.
The decision shocked paediatric chiropractor and author Dr Warren Sipser.
“It’s a sad situation,” Dr Sipser said outside court.
“I think it’s dangerous to impose [immunisations] on anyone when there are two opposing viewpoints and when there is credible evidence they may do more harm than good,” he said.
The couple, who cannot be named for legal reasons, separated before their daughter was born.
The court heard the father initially consented to the child not being immunised but claimed it was because he was desperate to establish a relationship with her.
The father now wants her vaccinated, producing medical evidence immunisation provided no unacceptable risks for his daughter.
He said if the girl remained un-vaccinated, she would be forced to withdraw from school during outbreaks of some diseases.
She would also be unable to spend time with any new children he had as she was not immunised against whooping cough.
The mother produced opposing evidence that the vaccinations were unnecessary but was criticised in the judgment for submitting evidence from an “immunisation sceptic”, who made what the magistrate described as “outlandish statements unsupported by any empirical evidence”.
Outside the court, National Centre for Immunisation Research & Surveillance research head Professor Robert Booy said immunisations prevented very serious diseases.
He said 97 per cent of parents had their children vaccinated and that immunisations formed a chain of protection around those vulnerable to infection.
“The only way we can protect the vulnerable, and that may be a newborn or someone with an immune deficiency, is to ensure other people are vaccinated,” he said.
Read more: http://www.news.com.au/national/ordered-to-have-vaccine/story-e6frfkvr-1225988189972#ixzz1B6kFiR5r
“I lied!” says teenager involved in the St Kilda Football Club nude photo scandal
THE teenager involved in the St Kilda Football Club nude photo scandal has admitted she lied about taking the lewd images.
The girl said she was emailed the photographs in April last year by a St Kilda footballer.
She said she lied about taking the images because she was in shock.
"That was really stupid of me," the teenager told Nova radio’s Hughesy and Kate yesterday.
"I just went into shock when it got that much publicity.
"I think it was my first reaction … to say I took the photos, because I can’t get in trouble if they are my property."
The girl was threatened with legal action by the football club after she posted the nude photos of players on her Facebook account a week before Christmas.
"It is pointless, trying to fight the AFL is like fighting a losing battle," she said.
The 17-year-old, who can’t be named, turned up to a Saints training session on Monday and littered the reserve with handwritten flyers saying "Fight the Power" and "Women’s Rights".
She said she had sought counselling.
"I don’t really think about the future too much," she later said on Mix FM. "It is not looking too bright at the moment."
The girl, who claims to have been impregnated by one of the St Kilda players, said her motive behind posting the images was to stand up for women who had been in a similar situation.
The minor said all she wanted was an apology from the AFL and the St Kilda Football Club.
St Kilda CEO Michael Nettlefold said the club did not want to comment.
A police spokeswoman said an investigation continued and no charges had been laid.
Mother murdered children, started horror house fire, police say
Police believe a mother stabbed two of her children and set her house on fire during a family dispute that killed all four people inside the Heidelberg Heights home on Sunday.
Police revealed today that those killed in the blaze were a 36-year-old mother and her three children – an 18-year-old woman, a girl, 13, and a boy, 11.
The bodies of the 18-year-old woman and 11-year-old boy suffered wounds consistent with being stabbed with a sharp object, according to a police statement today.
The eldest daughter’s boyfriend saw her bleeding heavily after a fight with her mother moments before the house erupted in flames.
A Victoria Police spokeswoman said no suspects were sought over the fire, which tore through the Southern Road property about 4pm on Sunday.
In a statement released this afternoon, police said the eldest daughter, who lived in Skye, had gone to her mother’s house with her 19-year-old partner shortly before the fire broke out.
The mother had let her daughter into the back door of the house but prevented her boyfriend entering.
The boyfriend saw the mother and her daughter arguing and unsuccessfully tried to enter the house, before seeking help from a neighbour.
When he returned to the house, he saw his girlfriend bleeding heavily. He again tried to break in, but was unsuccessful.
A fire, which is thought to have started in the kitchen, then ripped through the house.
Police and Metropolitan Fire Brigade crews arrived shortly after 4pm and forced their way into the home but were unable to save anyone inside.
The police statement said the four dead family members were found in three different rooms of the house.
Post-mortem examinations have been completed on the bodies, but the exact cause of death is still not known and police have ordered toxicology reports, which are expected to take up to eight weeks.
Police are also awaiting forensic reports to determine the cause of the fire, however an accelerant was used to start the blaze and police have deemed it suspicious.
The arson and explosives squad will now prepare a brief for the coroner.
Police have urged anyone who witnessed the fire or tried to assist and has not already spoken to investigators to contact Crime Stoppers on 1800 333 000 or visit www.crimestoppers.com.au
Judge orders that five-year-old girl must sleep over at father’s home
Editor Note: This news item should more appropriately be titled: “Mother makes false allegations and creates Parental Alienation to prevent child from having a relationship with her father”. Given that this journalist is a CRIME EDITOR, one would think she would detect Perjury when she sees it. This is why we need genuine Shared Parenting laws in Australia.
A JUDGE hearing a dispute over access to a five-year-old child has said the girl should no longer sleep in the same room as her mother or half-sister, so that she is better prepared to stay overnight with her father with whom she has never lived.
The Family Court ordered the girl have overnight visits to her father from January even though a family consultant said in October that she would not be confident ”for some considerable time” to stay overnight. Another psychologist had recommended the child be given ”no less than two years” to adjust to sleepovers at her father’s home.
The mother, a Japanese migrant who cannot be named for legal reasons, says she has concerns for her daughter’s wellbeing if she were to stay with her former husband overnight.
The couple were married for less than a year before they separated, and the girl was born after the separation.
Her mother, Ms K, said she was abused and was later awarded an apprehended violence order, which also named the child as a protected person. This has since expired. The law requires Ms K to encourage her daughter to visit the father despite her concerns.
When the orders were made in court, Ms K was not legally represented and had asked for the case to be adjourned pending her appeal for legal aid. She also said she had trouble following the proceedings because the court did not wait for her translator to translate what was said. A request for a friend to help her was denied at least once.
An application for a stay was rejected and she has been told it could take about 11 months for an appeal to be heard.
The girl has slept away from her mother’s home only if either her mother or older half sister was with her, and at home sleeps in the same room as either of them.
Last month Justice Judith Ryan said steps ”should be taken within the mother’s home … forthwith” to progress the girl’s ”emotional readiness for overnight time with the father”.
”The child is old enough to sleep independently from her mother and sister.”
But, in a complaint to the Chief Justice, Diana Bryant, Ms K accused the judge of bias and said: ”The living arrangements in my home are none of Justice Ryan’s business; her instructions are an invasion of my privacy.”
Ms K says the father has failed to abide by earlier visiting arrangements. He disputes this and claims she has breached the arrangement and is failing to encourage their daughter to visit him. The court is yet to hear this dispute but has made interim orders for access.
When refusing the stay, Justice Ryan said she had ”reservations about the mother’s bona fides and whether her appeal is merely a delay tactic”.
”There is hardship to [the father] and not insubstantial risk of harm to him and the child developing a meaningful relationship if the commencement of overnight time is further delayed.”
The child has recently refused to visit the father even during the day.
Geesche Jacobsen CRIME EDITOR
January 11, 2011
