In the High Court of Justice Family Division Case Number: LA13P00159
Lancaster District Registry
Whilhelm Philippus Ferreira
Jayne Elizabeth Ferreira
Oscar Alexander Ferreira and Oliver James Ferreira
(Children through their r16.4 Guardian Peter Morey)
Case Summary for Hearing on 2nd April 2014
The Court is concerned with Oscar and Oliver Ferreria, twin boys born on 20th May 2011. The boy’s parents are Whilhelm Philippus Ferreira (known as Phill) and Jayne Elizabeth Ferreria. The children are represented in these proceedings by their r16.4 Guardian Peter Morey.
Proceedings were issued by the Father on 7th May 2013, and were concluded by way of final order made on 29th November 2013 and 5th December 2013 (B50 and B56). The Father sought to set aside the final order, and the matter was listed to determine that application on 28th February 2014.
After hearing submissions from all parties, the Judge ordered that the Order be set to be set aside in so far as contact and exercise of parental responsibility was concerned. Although it was made clear that the matter would be listed for a contested final hearing at which the Father would have his opportunity to test the evidence, the Father elected not to pursue his application any further, other than to invite the Court to make an order for unsupervised contact immediately. The Father made his position clear that if that was not the Order of the Court, he did not intend to engage further either in the Court process or in supervised contact. In spite of the considerable efforts made by the Court and representatives on behalf of the children to organise contact during the course of the day long hearing, the Father remained resolute in his position.
Against that backdrop, the hearing concluded with an order that the father should have no direct contact with the children. The Mother was not required to send any further updates or photographs of the children to the Father (as had been provided in previous orders) as the Father indicated that he would post these to his ‘blog’ upon receipt. Arrangements were included in the order for the Father to send indirect contact to the children via a third party should he wish to do so, although the Father indicated he would not take up such contact, and to the writers knowledge, no indirect contact has been received since 28th February 2014.
A raft of other orders were made to deal with the various applications made by the parents, including a separate non-molestation order against the Father. It was intended that this would stand as the final order in the proceedings (B231).
On 19th March 2014, the Father sent an email to the Guardian, the Children’s solicitor and to the Court containing a link to his blog which showed that he had published the Order (save for page 1 of the substantive order) on his blog. In his email he stated ‘Please start the contempt of Court proceeding ASAP’ (C1)
On 20th March 2014, the Mother sent an email to the Court (C37) asking the post to be brought to the attention of Her Honour Judge Singleton, and in which she indicated that she had been subject to ongoing abuse from the Father on his online blog. She also indicated an intention to make a formal application to change the children’s surnames. No such application has been received as yet.
The matter is listed for a directions hearing ELH 1 hour at the volition of the Court. There is currently no live application before the Court on behalf of the Mother, Father or Children.