Italian case Amicus Curiae submission

http://www.telegraph.co.uk/news/uknews/law-and-order/10489831/Caesarean-case-mother-denied-chance-to-keep-baby-in-hospital.html

I have just emailed LJ ‘s clerk an Amicus Curiae submission in the Essex Council taking from case.

Dear Mr Pitchley

I understand you are LJ ‘s Clerk and I would be grateful if you would pass him this email and the enclosed from me, as an Amicus Curiae, in reference to the case of the Italian mother who had her child removed by C-Section and involving Essex Council that has been so in the news.

I and AF have had no involvement and have no direct interest in the case and are merely providing some of our research which we believe has direct bearing in the matter that I believe the LJ should be aware of in in regard to this case and generally due to the likely non compliance with international law, by both Essex, as well as other UK Children’s Services on an endemic scale.

Put simply under the Vienna Convention on Consular Relations 1963 and in relation to its framework which is a legal requirement in international law.

It would appear that the majority of Local Authorities are not aware of their strict obligations under this convention that the UK is a party to and neither are most judges.

This requires urgent remedy as it brings us into disrepute.

In the Italian case under the Vienna Convention on Consular Relations 1963:
When the mother was sectioned the Italian Consulate should have been fully informed and involved.
When application was made to court regarding the (as yet) unborn child the Italian Consulate should have been fully informed and involved.
When the child was taken into care the Italian Consulate should have been fully informed and involved.
No application for adoption should be made without informing the Italian Consulate
No adoption can be made without the Italian Consulate and Gov agreeing to a change of Nationality.
The UK courts must also respect the rights in Italian Law of any other parent or kin as the child is Italian.
As the child has committed no wrong and is a foreign national habeas corpus would apply and courts should direct that any family member especially another parent can make such an application
The UK courts do not have full jurisdiction and have zero right to secret court to this county only adoption of a non UK national that is not an ICA child as it would remove nationality beyond the scope of law. This would be a breach of the child’s various rights under ECHR and our HRA.
In international Law such an adoption would be classed as Bloodline Genocide and be a crime by the UK with jurisdiction of both the ICC and ICJ.
NOTE: The above would include all papers and access to both mother and child which the consul can provide other family members as may be lawful for them
The consul would have right of access to the nationals and access to and audience in court and should be invited to.
It is not just involving the central authority that matters here the full obligations must be complied with
In addition if the laws of the country allow reporting in cases involving their own nationals UK courts should not act to forbid nor enable LA to restrict reporting, this would include non UK journalist to be in court here if that is allowed in that county with whatever level of reporting is normal as the UK courts do not have jurisdiction abroad. What may be contempt here is not contempt abroad that is for the non UK court..
NOTE: It may be then difficult in law for the UK courts to restrict reporting to a different standard in either non UK national’s cases or then UK nationals cases, can there be two systems in one UK jurisdiction? It maybe that the LJ should consider that this is an incompatibility in law and the need for justice to be seen to be done and just restrict names.
Maybe the reporting standards of criminal court should be adopted by the Family Court?

It would be our view that care orders and adoptions should be subject to appeals or revocation before a jury in a public court, they are that serious a matter.

I believe that this case given the above is an opportunity to remedy the matter not only in this case but as in the common deficient practices of Local Authorities across the UK as covered in the enclosed report by a full judgement.

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Published in: on December 3, 2013 at 8:26 am  Leave a Comment  

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