Tanya noticed it and asked me: - What are you doing there fidgeting?
I began to fidget in his seat quietly, so that even as it wipe wet and melted snow on his priest and one floor of my coat stepped aside.
And clearly the Court of Appeal found the arguments convincing.
As any family lawyer will confirm, there is no shortage in this world of fathers who cannot or will not do the right thing by their children, nor of single mothers in need.
Some form of government intervention in the child maintenance process is unavoidable.
Parents may have heard nothing from the CSA for many years and then suddenly out of the blue they receive a demand for thousands of pounds.
Many are simply unable to pay and are met with an application to put them in prison or disqualify them from driving.” He added: “In another recent case, a father was arrested, taken to court and sent to prison all on the same day, with no opportunity to challenge the evidence against him.
This result is bound to please fathers’ rights groups as well as many readers of this blog.
We receive receive hundreds of enquiries every year about the CSA.
Sitting with the Lords Justice Patten and Richards, Lord Justice Ward said: “The procedures adopted do not comply with the rights to a fair trial and were flawed.” This was a test case, brought by a group of solicitors and barristers to establish whether the standard working practices of the CSA breached the rights of fathers under Article 6 of the European Convention on Human Rights.
Article 6 protects the right to a fair trial within a reasonable time frame, the presumption of innocence until guilt is proven and similar legal rights.
Amongst other criticisms, Lord Justice Ward said the wording of court summons sent to the two men had wrongly implied that they bore responsibility for proving that they did not owe the money claimed, thereby reversing the traditional legal burden of proof, when it is up to the accuser to prove their claims.
The Latin expression sometimes used to define the concept of ‘innocent until proven guilty’ is: (the burden of proof lies with who declares, not who denies).
This is no longer speculation; these rules are now final and will go into effect on December 1.