In The Lancaster High Court Case Number: LA13P00059
24 February 2014
In the matter of the Children Act 1989
And in the matter of Oliver James and Oscar Alexander born 20 May 2011
Between: Whilhelm Philippus Ferreira Applicant
Jayne Elizabeth Ferreira Respondent
Oscar and Oliver Ferreira Second Respondents
(Children by their r16.4 Children’s guardian Peter Morley)
Position Statement for hearing 28 February 2014 by HHJ Singleton QC at the High Court Blackburn.
Statement to confirm goals of Mr. WP Ferreira for this listed hearing
I Whilhelm Philippus Ferreira of a confidential address Will STATE as follows:
I make this statement pursuant to the upcoming hearing on 28 February 2014 listed in front of HHJ Singleton QC in the High Court Blackburn, I have prepared this statement personally and as such it will be submitted to the Court and other respondents by email.
I have now had the opportunity to have sight of the statements from the respondents and as such felt it necessary to clearly set out the goals I would like this listed hearing to achieve in the matter of Contact with our Children.
Further to the final order made by this Court on 29 November 2013 and updated on 5 December 2013 I confirm that I have no objection to the contact being suggested between me and our boys to take place four times per year, the original order does not give clarity on the duration of the suggested contact nor the venue and required agreements to make the proposed contact happen.
As such I would like the Court to clarify this issue and would like to make the following suggestions / requests in this regard;
1. Contact to take place four times a year for 4 to 5 consecutive days, thus allowing the contact to be beneficial to our boys to allow them to develop a normal relationship with me and not cause them distress or confusion on what my role in their lives is in fact.
2. I should be allowed to include my parents, the boys nominated Godparents and or possible new partner in any and all contact relating to our boys.
3. Contact should be allowed unsupervised or by a mutually agreed party by myself and the care giver.
4. As the boys are still young this contact should be allowed for half days, either morning or afternoon or alternated during the 4 to 5 day period whiles I will be in the UK.
5. All contact dates until the age of 6 should be agreed in Court today if possible and recorded in full detail thus allowing me to enforce committal of the care giver should she once again decide to ignore the contact order. After this period I suggest we return to Court to set out the full details for the following 5 years thus limiting the time and costs spent by all parties in making additional applications to the Court.
6. The care giver should not be allowed to remove or travel with our boys from the UK without confirming dates and destinations with myself until our boys are 16 years old.
7. As the boys get older contact should be extended to overnight stays in a hotel once the boys are able to understand the change of environment, I would suggest this is a possibility from the age of 5 or 6 years old.
8. Once the boys start School contact can be arranged during the School holidays but for the next 4 years I do not see the logic of this being only allowed during school holidays and as such will come at a massive premium when you look at traveling costs during the suggested Holiday periods.
9. Skype/ phone contact should be included twice a week for 15 minutes with myself and my parents to help the boys develop a relationship with myself and my extended family which would be normal. As the boys get older the Court order should allow for email contact if the boys choses to do so.
10. Birthdays should be agreed on a yearly alternating schedule thus allowing myself and my family to be allowed to share in special days with the boys.
11. Christmas holidays should be agreed on a yearly alternating schedule thus allowing myself and my family to be allowed to share in special days with the boys.
12. Indirect contact should be allowed by way of post and gift delivery service on the alternating years for Birthdays and Christmas thus once again to allow myself and my family to develop a normal relationship with the boys.
13. By the age of 6 or 7 years old I would like the boys to be allowed to be taken on extended days for Holiday outings within the UK at agreed Holiday parks or venues by myself and my family.
14. By the age of 9 or 10 I would like to be able to travel with the boys to South Africa to allow them to meet their extended family and learn a little of the culture and heritage this Court is depriving them from having as toddlers.
15. I would like to receive copies of all written reports in regards to the boy’s medical issues and Schooling.
16. I would like to be provided with any School or extra-curricular activities thus being given the opportunity to be allowed to show my support and participate should this be practically possible.
17. As the boys get older they should be allowed free and daily contact with me and my family should they choose to do so.
18. By the age of 10 or 12 the Court and Cafcass should allow the boys the option to decide if they would like to continue residing with the care giver or if they would prefer to come and reside with myself.
19. The boys should be allowed to exercise their Human Rights to have South African passports and as such dual nationality ASAP.
20. By the age of 16 the boys should be provided with a full set of documents in regards to this case for them to see the actions and behaviors of both myself and their care giver in their early years.
21. All Schools , Doctors and supplementary care givers should be mutually agreed by myself and the care giver as to ensure that the welfare of the boys are always placed first.
22. Until the boys are of an age that they are able to provide updates themselves I would like to have monthly updates with photo’s but I do not wish to receive this information if the care giver is being forced to provide this by way of a Court order as this would not be fair to expected her to do so long term, as such this needs to be done out of her own free will as a loving and caring care giver wanting to share the achievements and development progress of our boys.
23. I do not want Mr. Steve Mcclure to have any form of contact with our boys until the Court and CAFCASS have done a full risk and psychological evaluation to confirm he is a safe and mentally competent 70 year old to be allowed around our boys as I have very serious concerns about this man that I have continued to bring to the Courts attention since April 2013, but no action or investigation has in fact been done to secure our boys from this man. He should not be allowed after this to drive or be left alone with our boys at all.
24. I would request the Court to put a long term plan in place as stated above thus ensuring that we do not need to return to Court on an ongoing basis to address the issues relating to contact and our boys developing a stable normal relationship with both myself and my family.
25. I would like the Court to ensure that there is NO requirement for contact between myself and the care giver in regards to contact after this hearing or matters relating to our boys. As such I suggest the Court appoints Mr. & Mrs. McClelland the boys Godparents as the only point of contact between myself and the care giver should a requirement arise at any point until the boys are 16 years old at which point they will be able to make the required arrangements with me directly.
26. I would the Court to give consideration to the independent psychological report provided by Mr. Henk Swanepoel when making final directions in this matter.