Dear Christine,
AS IS PROBABLY well known, I am a lawyer with a family practice.
You are correct that the lady’s emotional state in losing the gentleman is probably the cause of her inexcusable behaviour. However, for your future information and to enable you to empower persons like that, may I tell you that the Magistrates’ Court does not presently have the power to grant men the right of access to their children.
The Supreme Court does – under the Minors Act – and fathers who do not have the money to pay a lawyer can obtain one free of charge from the Community Legal Services office in the Supreme Court building, once the matter concerns a child and they are genuinely unable to finance payment to a lawyer.
So he should not have “returned to court”, as was stated in the letter to you, as that court could not assist him.
The Family Law Council, on which I sit, has been taking steps to have the law changed so that the same Magistrates’ Court that can deal with maintenance to a mother will be able to deal with a father’s right to have access to his child.
For years I have been saying that the important thing is to give people information to empower them – through whatever roadblocks that exist rather than simply wail at the problems. I hope this assists.
– Beverley J. Walrond, QC
