The European Convention on Human Rights is a law that is set up to protect our rights as citizens (for the moment) of the EU.
The part we are most interested in, as TP’s (‘Targeted Parents’) is Article 8:
“Right to respect for private and family life
- Everyone has the right to respect for his private and family life, his home and his correspondence.
- There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.”
So, what this piece of legislation does is to give us a legal right of action against our Government if they fail to protect our rights to a family life.
STOPPA argues that the family court system in England and Wales fails to protect us, and our children, from the actions of APs (‘Alienating Parents’). We argue that the courts and CAFCASS are failing in their duty to our children, and to us.
The awards of damages in these cases are modest.
One of the things STOPPA would like to investigate is the possibility of a class action by all alienated parents, against the UK Government. The general idea is that the family court system, in tandem with CAFCASS is letting us and our children down badly, and that the mistakes made are repeated time and time again. There are general complaints that can be levied against most courts in most cases. For example, we still use ‘wishes and feelings’ reports in PA cases. The point is that we should not be doing this for the simple reason that the child is merely repeating the words of the Alienator. In addition, the child’s expressed wishes are ‘trumped’ by his ascertainable wishes, and all of the child’s wishes are trumped by his welfare needs. There is therefore no point in using these reports, yet our courts persist in doing so. That is a systemic failure.