Thank you. One final question = is there any legal right ie human right for either me or my kids to have a right to a relationship irrespective of father's wishes? Do we have a right to a family life? Or any other legal argument I can state before the circuit judge in March?
There is not one piece of evidence that I have been anything other than a 100% effective mother. No neglect, no abuse, no harm of any kind and all their care needs met? For some reason the theoretical/possible risk I pose is being upheld by the Judge all the way and despite having never occurred. In fact in 2010 I asked father to take the kids for half the school holidays as I had had both for over 6 months with no family to support me and my then 13 year old daughter has Asperger's Syndrome and is therefore intense and solipsistic. So, there is evidence if I feel unable to cope or in need of a rest I defer to father.
Does my son have a right not to be persecuted and traumatised by police based on a court order on ME stating if he gains entry to my home by any means, police can remove him by force - despite all evidence that I have no mental health problems for over a year?? If my son gets physically harmed in the process, as a child can he complain to court or police in any official way?
All recognise that despite residence to father in late 2011 in theory to ensure stability to my kids lives, in respect of my son this has been the most unstable and traumatising 2 years and has rocked his faith in all authority as in his eyes nobody helps and answers his cries for assistance due to emotional inability to cope, especially living in fear of physical abuse as well as emotional by father. This court expert is about to issue his updating report, but due to the wording of his remit by the DJ he would only consider mental health even though the symptoms are generated by a neuro problem of cluster headaches, that at times cause anxiety and depression due to the severe pain of the condition. This court expert has refused to correct all the errors he made in his original report in 2011 even though he admitted his errors and wrong assumptions on the use of medication prescribed ie purpose nothing to do with MH even though used predominantly for that purpose. Is this court expert obliged legally to correct his report that forms part of my medicl records? I made a subject access request to him 2 weeks ago and before he issues his latest report, as he clearly is going to merely rubber stamp his previous opinion and holds with the attitude he is more capable than a community consultant psychiatrist and a second opinion from a colleague verifying no Mental health concerns? The expert says he is exempt from Data Protection Act regs as he is a court expert and thatI have to gain an order from the court approving sight of his notes and my medical records that he holds. Is this the case or is he obliged to give me access to a copy of all? He is saying that the other party may have an equal right of access to my medical records - is this true since private and confidential and the judge already stated verbally (ie not in the order explicitly) that he had concerns regarding my rights to medical in confidence of my and they should be sent to the expert unopened, with opposing solicitor's not permitted to read or retain a copy of them??
Is there any general advice you can give me regarding how to approach the hearing of my application of multiple incidents of discrimination against me by the DJ and exploitation by my ex of a mental health label given only by a court expert and opposing 3 different psych opinions prior to original report in 2011 and now 2 more of the same opinion that opposes his as well as 2 neurologists stating MH symptoms are side effect of neuro problem now being treated successfully since 2012? Although other parents with mental health issues have residence of their kids and no contact problems, I appear to have been singled out that safeguarding processes are not applicable and despite my son coming up 13, is an independent traveller and lives with father in the next road to me is still deemed as potential vulnerable to emotional harm if I were to become unwell whilst he was in my care.
At what age (my son is noted by all to be very mature, articulate, desperate to speak to the judge in person and has written 2 letters to him asking why his life is hell) will my son have his right to be resident with me upheld in his own right irrespective of father's false MH allegations. Cafcass suggested to him aged 13 or beyond when my son asked them in 2011. Is this the case or just ssaid by Cafcass to appease my son's upset?
Does my son have any legal right to have a guardian represent his needs and wishes in court? This Judge declined at each of the 6 hearings in 2013.
Re the psychologist - can it be argued that he is abusing me emotionally and psychologically now by having given the police false statements of adverse behaviour by me, merely in an attempt to discredit me to his professional body by means of them investigating me, which all sounds very credible to other's especially as he is supposed to be a professional and me with a MH label lacks any credibility again