B e f o r e :
THE HONOURABLE MR JUSTICE PETER JACKSON
____________________
Between:
|
AH (Father)
|
Applicant
|
|
-and-
|
|
|
RS (Mother)
|
1st Respondent
|
|
-and-
|
|
|
L, H and S (Children, by their Children' s Guardian)
|
2nd- 4th Respondents
|
|
-and-
|
|
|
MS and AS (Maternal Grandparents)
|
Interveners
|
____________________
Alistair MacDonald QC and Christopher Poole (instructed Turpin & Miller LLP) for the Father
Charles Geekie QC and Victoria McLaughlin (instructed by Clifton Ingram
Solicitors)
for the Mother
Simon
Miller (instructed by Griffiths Robertson
Solicitors)
for the Children
MS and AS (Grandparents)
represented
themselves
Hearing dates: 12th-14th, 17th-18th and 21st December 2012; Judgment date 14 January
2013
____________________
HEARING DATES: 12TH-14TH, 17TH-18TH AND 21ST DECEMBER 2012; HTML VERSION OF JUDGMENT DATE 14 JANUARY
2013
HTML
VERSION OF JUDGMENT
____________________
Crown Copyright ©
This judgment consists of 177 paragraphs. Pursuant to CPR PD 39A para 6.1 no official
shorthand
note
shall
be taken and copies of this version as handed down may be treated as authentic.
Mr Justice Peter Jackson:
Introduction
- In May 2011, Mr AH, to whom I
shall
refer
as the father, applied for an order for contact with his three children, whom he had last
seen
in February 2011, at which time their mother, Ms RS,
removed
them from the
family
home to an unknown location. After doing
so,
she
applied for injunctive
relief,
that application also being before the court.
- The children are:
L, a girl, born on 19 March 2003, and now aged 9
H, a boy, born on 27 July 2005, and now aged 7
S,
a girl, born on 27 October 2006. and now aged 6
- The mother and father are first cousins. The mother is unwilling to allow the children to
see
their father or her own
family.
She
makes
serious
allegations against him and against her parents, Mr and Mrs
S,
to whom I will
refer
as the grandparents. This has been a
fact-finding
hearing into those matters.
- The mother'
s
main allegations are that:
(1) In 1996, the grandparents were violent towards and ostracised her older
sister
R because they disapproved of her behaviour. The
family
then moved to Pakistan, leaving R behind at the age of 18.
(2) While in Pakistan, the grandparents and
sister
F'
s
husband
S
participated in the imprisonment and beating of their female cousin T, who later died in March 1999 in what her
family
described as a tragic accident.
(3) In Pakistan, in 2001,
she
became pregnant by her older first cousin M.
(4) On discovering this, the grandparents beat her and insisted upon her marrying the father (AH).
(5) In Pakistan, in February 2002,
she
gave birth to a
son.
She
believes that her mother-in-law (the father'
s
mother) and her own mother
removed
the child at birth and
she
never
saw
it again.
(6) In 2005/6
sister
R
separated
from her husband I, alleging that he had been violent to her. The grandparents and
sister
F were aware of the allegations of violence but immediately
sided
with and gave
support
to I, and
required
the
rest
of the
family
to do
so,
to the father'
s
knowledge.
(7) On a visit to Pakistan for her
sister
S's
wedding in August 2010, the father assaulted her in the presence of wedding guests by grabbing her by the throat.
(8) On the
family's
return
to England, the father raped her twice, the first occasion being in
September
2010 and the
second
being in October 2010.
(9) Between
September
2010 and February 2011, the father was verbally abusive, pushed the mother and children, and threw household items.
(10) Immediately after the mother left home on 6 February 2011, the
family
became aware that
she
alleged that the father had been violent to her and later that
she
alleged that he had forced her to have
sex.
The grandparents and
sisters
F and
S
dismissed her allegations and gave
support
and a home to the father.
(11)
Since
the mother'
s
flight her
family
have tried to trace her in an oppressive manner.
- The mother also
states
that
she
believes that her cousin T was killed by her (that is, T'
s)
family
for dishonouring them, and also, based on information given by
sister
R, that her own mother and mother-in-law probably killed her first baby. However,
she
does not
seek
findings
to this effect,
recognising
that there is no dependable evidence to
support
her beliefs.
She
also makes other allegations, which I do not
record
here in the light of the
seriousness
of those listed above.
- The mother
states
that by making her allegations publicly,
she
has further dishonoured her
family
and the father'
s
family
and placed herself and the children in a position of
serious
physical risk.
Since
leaving the home in February 2011,
she
has been living at addresses that are intended to be unknown to other
family
members.
She
gave evidence from behind a
screen,
but has been willing to
sit
at the back of the court away from the other parties during the
rest
of the hearing.
- The father and grandparents vehemently deny all of the allegations. They
say
that the mother has in
recent
years become involved with local drug dealers, has had a child by one of them (a man with a number of aliases, who I will call Mr B) and that
she
has persistently lied about this. Her allegations are a
smokescreen
to hide her own behaviour. They express concern for her welfare and that of the children. As to the particular allegations, they
reply
(insofar as the allegation concerns them) that:
(1) The mother'
s
older
sister
R was not ostracised.
(2) The account of cousin T being imprisoned and beaten is a fabrication and as far as they know, her death was an accident.
(3) The mother was never pregnant in 2001.
(4) The mother was not beaten. Her marriage to the father was not forced, but arranged in the normal way.
(5) There was no baby.
(6) The
family
does not accept that I was violent to
sister
R.
(7) The mother'
s
account of an assault at the wedding in August 2010 is a fabrication.
(8) The father
states
that her account of being raped later that year is a fabrication, and the grandparents accept this.
(9) The father concedes that, during the period in which the parents' marriage was plainly breaking down, he was on occasion verbally abusive to the mother in anger. He categorically denies any physical violence.
(10) The
family
say
that the mother'
s
account of being harmed by the father is an attempt to divert attention from her own undesirable associations.
(11) Any attempts to
find
the mother and children were born only of proper concern for their welfare.
- The difference between the competing accounts is
stark,
and there is no room for misunderstanding. One
side
is giving false evidence. The court'
s
task is made more difficult by a number of features, each of which has to be carefully evaluated. Among them are these:
(1) The allegations are in
some
cases a good many years old.
(2) The evidence from
reliable
third party
sources
is generally thin or non-existent and the allegations are on the whole unsupported by anything other than the mother'
s
own account. In particular, no evidence has been given by
sister
R. Nor has there been any investigation into the circumstances in which R has become detached from the
family.
In January 2012, the mother applied to Mr Justice Roderic Wood for an order that the Guardian
should
carry out enquiries into this aspect, including inspecting the file
relating
to R'
s
divorce from I. R attended in person and opposed the application. In
refusing
to make a direction, the judge
said
this:
"Whilst on one view I can
see
the
relevance
of an examination [of the documents] by the Guardian... I do not
find
myself having heard her eloquent pleas from the back row of my courtroom in which
she
assures me nothing in those proceedings of her life illuminates the landscape that this fishing expedition intends to do.
She
was appropriate and calm,
she
was not
sworn,
she
was not cross-examined but I would need very considerable persuasion before this court would investigate her private life..."
In the circumstances of this case, I must therefore exercise caution before drawing inferences either way from this important gap in the evidence.
(3) At the
same
time, in circumstances where the mother'
s
credibility is highly
relevant
to the determination of her allegations,
she
has been
shown
to be a persistent liar concerning the important matter of her
relationship
with the father of her fourth child.
(4) The grandparents do not qualify for legal aid and have had to
represent
themselves in the face of hugely
serious
allegations. Every effort has been made to enable them to present their case as they would have wished at the hearing. They have had the assistance in court of their daughter F and before the hearing from their daughter
S,
but that is no
substitute
for expert
representation
and pre-hearing preparation. The
situation
has to an extent been mitigated by the legal expertise available to the father, whose case is
similar
to that of the grandparents, but again this is only a partial
remedy.
I make full allowance for the difficulties that the grandparents face. There is no absolute right to legal
representation
and overall, while making no effort to hide my misgivings, I consider that they have
received
a fair trial.
(5) The
seriousness
of the allegations against members of a
respectable
family
might normally cause a degree of
scepticism,
but this must be
set
alongside the general evidence in the
statement
of Ms Jasvinder
Sanghera,
whose experience of honour-based
family
systems
reminds
the court of the lengths to which
families
can go when a member is considered to have brought dishonour upon them. Her
report
includes these passages:
[A paragraph that describes the way in which children are taken abroad in
response
to a daughter running away, in order to protect the
family
honour.]
"It is widely documented that often the natal
family
support
the husband'
s
family
and not their daughter."
"It is also acknowledged that the perception or rumour of immoral behaviour may be
sufficient
to harm or kill.
Such
incidents may include leaving a
spouse
or
seeking
divorce, existence of a boyfriend, pregnancy outside of a marriage."
"It is important to note that honour can be
restored
through either the modification of the transgressors (e.g. forced marriage) or erasure of the carrier of the dishonour (killing). Codes of honour are intrinsically linked to what the
family
perceive to be norms of behaviour for both
sexes
and are often based upon patriarchal notions of ownership and control of women."
"The killing of new born babies and female infanticide is widely documented in Pakistan and rural India
It is important to note that an aggravating
factor
to commit infanticide is where a woman has given birth to a child outside of marriage."
- However, I do not attach any weight to
specific
comments by Ms
Sanghera
about the likelihood of the mother'
s
account being true, that being a matter for the court and not for a witness, even a
specialist
one.
Proof of
facts
- The burden of establishing a
fact
rests
on the person who
seeks
to prove it. The
standard
of proof is the balance of probabilities.
So,
in order to uphold a disputed allegation in this case, the court must be
satisfied
that the mother has
shown
that it is more likely than not to be true. The father and grandparents do not have to prove anything.
- In a
situation
such
as this, where the mother is known to have lied, I also direct myself (R v Lucas) that
she
may have particular
reasons
for lying and that her lies do not necessarily mean that her evidence is also untruthful about other matters.
The history
- I
shall
next give an account of the background, based upon the helpful agreed document prepared by the parties.
- The grandfather, who is aged 60, was born in Pakistan and came to England in the 1960s. In 1972, he and the grandmother married and in 1974
she
joined him here. They have
six
children, all born in England, whom I will describe in
relation
to the mother as follows:
Sister
F married to cousin
S
with five children
Sister
R twice married (first to cousin I) with five children
Brother G married to N with three children
The mother
Sister
S
married to A with one child
Sister
M married with no children
- The
family
has a house in Islamabad, built by the grandfather, and a home in their village of origin, which is within an hour'
s
journey. This village is also home to the father'
s
family.
- The father, Mr H, was born in Pakistan in 1970 and is now aged 42. He is a first cousin of the mother. His parents
remain
living in Pakistan.
- In addition to the three children
subject
to these proceedings, the mother has a fourth child, M, born on 27th July 2011 and now aged 17 months. DNA testing has
shown
that the father is not the father of M and that his father is a Mr B, a man of black Caribbean origin.
- In 1996, the mother travelled to Pakistan with her
family.
She
contends that this followed
sister
R being beaten by the grandfather in consequence of the discovery of contraceptive pills in her
school
bag, after which R, then 18, ran away from home. The grandparents deny this.
- The mother contends that the grandfather made it clear that, once they had arrived in Islamabad,
she
would be
staying
in Pakistan until
she
was married. At the time
she
left England, the mother was in her pre-GCSE year and, although an intelligent person,
she
has never obtained any academic qualifications.
Sister
R travelled to Pakistan later in 1996. The mother contends that R was inveigled into going to Pakistan by a claim that the grandfather was very ill. The mother
says
that, once in Pakistan, R'
s
passport was
removed
and
she
was told that
she
would
remain
in Pakistan until married. The grandparents deny this.
- In March 1999, a maternal cousin, T, died in Pakistan as the
result
of
sustaining
fatal burns. The mother contends that T died at the hands of the maternal
family
after
she
was discovered having a
relationship
with a man of whom the
family
did not approve. The mother
says
that T was chained to a toilet in the grandparents' home in Islamabad and was beaten and
starved
for a week. The father and grandparents contend that T died as the
result
of burns
sustained
in an accident with a tandoor oven.
- The mother alleges that
sister
R made an attempt on her own life by drinking antiseptic fluid but, after
sustained
parental pressure, agreed to marry her first cousin, I. The grandparents
say
that this was a normal arranged marriage.
- The mother
says
that
she
herself formed an intimate
relationship
with the brother of R'
s
husband, her married cousin M. The mother
says
that in
September
2001, he bought the morning-after pill for her as
she
feared
she
was pregnant. The mother alleges that the grandparents discovered this and that the grandfather
slapped
her
several
times and threatened her with a knife, and that the grandmother punched and kicked her in the
stomach,
making it clear that
she
was not to marry M. The mother contends that a marriage to the father was then immediately arranged for her.
- The grandparents deny the allegation of assault and
state
they would have been content for the mother to marry M as he, like the father, was a first cousin to the mother. The father asserts that he has no knowledge of the mother'
s
alleged affair with M.
- The parents married in
September
2001 in Pakistan. The mother alleges that the marriage was forced.
She
says
that at the date of the marriage
she
was at least two months pregnant with M'
s
child. The father and grandparents contend that the marriage was arranged but that the mother had four or five other marriage proposals.
- The mother alleges that in February 2002
she
gave birth to the child, a healthy boy, in the village in the presence of her mother-in-law and
sister-in-law,
with the father present in the house. Following the birth, the mother contends
she
collapsed and awoke to
find
the child gone. The mother alleges that the father informed her that the child had died in hospital.
She
says
that
she
has
subsequently
been told by
sister
R that the grandmother and her mother-in-law took the child to the grandparents' home in Islamabad and poisoned him.
- The father and the grandparents dispute that the mother was ever pregnant in Pakistan in 2002 and deny any involvement in the killing of a child.
- The mother
returned
to the United Kingdom in July 2002. The father
remained
in Pakistan.
- L was born on 19 March 2003 and is now aged 9 years old. The mother
says
that
she
informed medical
staff
that this was her first pregnancy, and there are
references
to this in the medical
records.
However, there are also notes at [C212] that
read
"Term NND I day old",
referring
to a previous neonatal death, and at [C190] that
reads
"G2P1+1(NND)", meaning that there had been two pregnancies, one birth and one death. I
shall
refer
to this evidence below.
- Later in 2003, the mother
returned
to Pakistan to file a visa application for the father. The application was initially
rejected
and an appeal was lodged. On the mother'
s
return
to England to work,
she
left L with the grandmother in Pakistan for
six
or
seven
months until the age of about 13 months.
- The father came to the United Kingdom in April 2004. Thereafter the
family
resided
together and the marriage was peaceable for a while.
- H was born on 27 July 2005 and is now aged 7 years old.
- In 2005 or 2006,
sister
R'
s
marriage broke down and
she
asked her husband I to move out of the
family
home. The mother believes that there were proceedings concerning R'
s
children. The mother alleges that her
family
made it clear to her that, following R'
s
divorce,
she
was to have nothing to do with R, that the
family
were to be loyal to R'
s
husband and that the
family
hounded and threatened R. R has
subsequently
remarried,
but lives elsewhere and
relations
between her and the grandparents are currently distant at best.
S
was born on 27th November 2006 and is now aged 6 years old.
- In February 2007, the mother
saw
her general practitioner for depression.
She
says
that this was contributed to by her
responsibilities
to the children while doing no less than four jobs, and that the father placed her under constant pressure to
send
money to his
family
in Pakistan. This led to continuous arguments between them.
- In October 2007 the mother underwent the termination of a pregnancy. The mother alleges that this was at the insistence of the father. The father denies this and contends that the mother did not want more children at that time as four children would be too difficult. The mother contends that
she
and the father began to
sleep
in
separate
bedrooms at this time, although they continued to have
sexual
intercourse until the middle of 2010.
- In November 2009, the mother was prescribed antidepressants.
She
says
that her marriage was breaking down and that her
family
was unable or unwilling to help her.
She
attended the doctor on a number of further occasions in 2010.
- The father was granted British citizenship in July 2010.
- In August 2010 the mother and the father attended
sister
S's
wedding in Pakistan. The mother alleges that at the wedding the father grabbed her by the throat and tried to
strangle
her, compelling guests to intervene to protect her. The father denies assaulting the mother and contends the incident is fabricated. The grandparents assert that they did not witness
such
an incident or hear it
spoken
of by other guests.
- The mother
returned
to the United Kingdom in August 2010 after the wedding. The father
remained
in Pakistan until the following month.
- The mother alleges that on the evening he
returned
from Pakistan in
September
2010, the father forced her to have
sexual
intercourse. The father denies ever forcing the mother to have
sexual
intercourse.
- The mother alleges that following his
return
from Pakistan, the father'
s
behaviour towards her changed and he became verbally abusive, would push her and the children around and threw things at her.
She
contends that the father was angry and violent on a daily basis, much of it in front of the children. The father denies he was ever violent or aggressive; the grandmother
says
that
she
never witnessed violence between the father and mother and that the mother appeared happy with the father.
- It is plain on the evidence that there was a
significant
drug problem in the vicinity of the parents' home. The father
says
that that the mother'
s
mood had begun to change and
she
had begun associating with men known for dealing drugs in the area, including Mr B. The grandparents
share
this belief.
- The mother
states
that her
relationship
with Mr B began in
September
2010; it is possible that it began earlier, but I do not
find
it necessary or possible to investigate this further.
- The mother alleges that the father again forced her to have
sexual
intercourse in October 2010. The father denies this.
- In late October 2010, the mother conceived a child with Mr B. The mother
subsequently
made a
statement
saying
that this pregnancy was the
result
of a one night
stand
and that
she
had had no other dealings with this man.
- On 4 February 2011, the mother contacted the Police to inform them that
she
was planning to leave the father because he was verbally abusive to her and tried to control her finances.
She
did not inform the Police that
she
was pregnant.
- On 5 February 2011, the mother informed the Police that
she
had decided that
she
could not continue with the expectations of the father, that he and her
family
were traditionalists and
she
was 'Western'.
She
informed the Police that
she
was
suffering
from verbal abuse of increasing intensity, emotional abuse and financial abuse, and was
subject
to isolation or accusation when
she
returned
from work.
- The mother left the
family
home on 6 February 2011. The mother asked the Police to contact the grandmother to inform her that
she
was
safe
and did not want contact from the father or her parents.
- At the time the mother left the
family
home,
she
was three months pregnant by Mr B.
- On 7 February 2011, the mother telephoned the grandfather and informed him that
she
would call him in a few days as
she
had no credit on her phone.
- On 10 February 2011, the mother informed the Police that her
family
had been looking for her and had contacted the children'
s
school.
- On 14 February 2011, a person who
stated
that
she
was the mother'
s
sister
informed the Police that the mother'
s
leaving had nothing to do with domestic violence but was linked to drugs.
- On 17 February 2011, the mother'
s
sister
again informed the Police that the mother'
s
departure may have been linked to drugs.
- On 20 February 2011, the mother informed the Police that her landlord had been contacted by a person purporting to be from the Police asking for the mother'
s
telephone number.
- On 2 March 2011, the mother informed the Police that
she
was pregnant but that the father was unaware of this. The mother informed the Police that the father was the father of the child.
- On 3 March 2011, the
solicitors
for the father informed the Police that the father intended to make an application to the Court for an order
requiring
the Police and/or
Social
Services
to disclose the location of the children.
- On 10 March 2011, the mother made an application for a non-molestation order under the
Family
Law Act 1996 and a prohibited
steps
order under the Children Act 1989. In her
statement
in
support
of the applications the mother alleged that the father had been physically violent to her, and had forced her to have
sex.
She
raised the risk of honour-based violence.
- On 14 March 2011, a MARAC was held in
respect
of the mother'
s
situation.
- On 13 April 2011, the mother
spoke
on the telephone with the
Family
Court Advisor.
- In April 2011 the local authority initiated a Core Assessment. This was not completed due to the mother moving to a
refuge
in a different area.
- On 3 May 2011, the father made an application for a contact order.
- The father alleges that in June 2011 a friend of the mother'
s
arranged a call between himself and the mother during which the mother
stated
that if the father dropped proceedings
she
would permit him contact.
- Overall, the mother'
s
case is that
she
left with the children because of the increase in tension, which caused her fear in the light of previous events within the
family.
The father and grandparents
state
that the mother left because of her
relationship
with Mr B and with other undesirables. They made this point vigorously to the police after the mother disappeared.
The hearing
- The hearing took place over
six
days, with evidence being given for four days, and written and oral
submissions
being made on a further day, following which judgment was
reserved.
- I heard evidence from the following witnesses:
DC V, the officer in the case concerning Mr B
DC P, the officer
supporting
the mother after
she
left the
family
home
The mother
The father
The grandfather
The grandmother
Mr IM, a cousin of the parents
Sister
F
Sister
S
- The mother'
s
evidence naturally took the longest, lasting for
some
seven
hours.
She
sat
behind a
screen,
visible only to me and to counsel questioning her.
The mother'
s
relationship
with Mr B
- The mother gave an untruthful account of her
relationship
with Mr B in her written evidence to this court. In her
second
statement
of 10 March 2011,
she
stated
that
she
was pregnant and unsure if the child was the father'
s,
but did not mention Mr B. In her third
statement
of 12 October 2011,
she
denied any involvement with drugs or unsavoury characters, despite by that time knowing of Mr B'
s
arrest and having visited him on
remand
with their child. In her fourth
statement
dated 28 March 2012 (which contains the passage "I
realise
I have to open my life completely and tell the Court everything, no matter how upsetting I
find
it"), the Mother flagrantly attempted to mislead the Court about the circumstances of baby M'
s
conception and the nature of her
relationship
with Mr B:
"It was just a one-night
stand
and both of us knew that, but it
resulted
in M being conceived. [Mr B] does not know that I fell pregnant or that I have given birth to M. I have no idea where he is or how to contact him and I have had no further contact with him
since
the one night which we
spent
together."
- Every element of that
statement
is untrue. This became clear when DC V was asked to attend court on 12 December to give further information about the criminal investigation into Mr B. Faced with this prospect, the mother filed a fifth
statement.
In it,
she
described an ongoing
relationship
with Mr B in late 2010, and to having
seen
him a number of times up to May 2011, when
she
said
she
last
saw
him.
She
also described giving evidence on his behalf in the Crown Court in November 2011, claiming to be unaware up to that time of his involvement with drugs. At that trial,
she
testified that Mr B had a
reason
to be in the area where he was alleged to be drug-dealing, as he had been visiting her.
- DC V'
s
evidence was given immediately after this
statement
was filed. He explained that Mr B was at the head of a conspiracy to
supply
Class B drugs in the area of the
family
home and is now
serving
a 7½ year
sentence.
Mr B was arrested in May 2011 and the mother gave evidence at his trial in November 2011,
saying
that
she
received
constant visits from him at her home in the months before his arrest.
- Having been informed of the nature of DC V'
s
evidence before it was given, and having been pressed by the other parties, the mother admitted that
she
and M had visited Mr B on a number of occasions in prison ('about ten'), both before and after his conviction, and most
recently
three or four months ago.
She
had therefore continued to
see
him for over a year after May 2011.
- When
referred
to the paragraph containing her
supposed
clarification of her
relationship
with Mr B, the mother was obliged to accept that everything in it was completely untrue and deliberately misleading. I asked her what her explanation was.
Q What is your explanation for the lies and misleading
statements,
even during the course of these proceedings?
A I am
scared.
I am afraid for the
safety
of my children. M is the
son
of
someone
who is convicted ... I just wish I had nothing to do with this.
Q What do you mean by 'this'?
A I got into a
relationship
with a man who lied to me, and I carried his child.
Q
Specifically,
what is it you are
scared
of?
A That (baby) M might be killed by my parents or close
family.
Q Is there anything else you wish to add?
A No.
- The mother has therefore knowingly filed a
sequence
of false
statements
on this issue, continuing to do
so
even into the course of this hearing. The further information that
she
has given has not been volunteered but extracted after
she
has been cornered. This
shows
that
she
is quite willing to lie to the court when
she
thinks it in the interests of herself or the children to do
so.
- I also note that the mother'
s
early
statements
contain a number of exaggerations.
She
refers
to having
suffered
"a horrendous amount of abuse", with incidents on too many occasions to
remember.
This is to be contrasted with her oral evidence, in which her allegations concerned to a limited and
specified
number of incidents.
The mother'
s
evidence
- In
relation
to the move to Pakistan, the mother described how it had happened after the grandfather found that
sister
R had contraceptives and
she
had left the home. The mother
says
that
she
was due to take her GCSEs but the
family
had left before
she
could do
so,
with the children knowing that they were going for a long time.
- The mother explained that her cousin T, who
suffered
from the effects of polio, was having a
relationship
with
somebody
from her village, but that her aunt (T'
s
mother) opposed this. Because T, who would have been in her early 20s, kept
seeing
the boy behind her
family's
back,
she
was
sent
to the grandparents' home in Islamabad. The mother
says
that T was badly beaten by the grandfather and by her own father and brother
S
(now
sister
F'
s
husband).
She
heard this and
she
believes that her brother G and
sister
M did too;
she
could not
say
whether
sister
F also knew. T was tied to one of the upstairs toilets, where
she
remained
for a week.
She
was given a little food, but was wetting herself and unable to move.
She
would cry for help. It was in the
summer,
no window was open and the room
stank.
T was then taken back to her village and a couple of months later they heard
she
had died. There were
several
conversations in the
family
saying
that
she
had brought
shame
on them and that
she
did not deserve to live. The mother described what happened to T as deeply upsetting.
- In
relation
to the affair with cousin M, the mother described how her parents had become aware as a
result
of being told by
sister
R. Her parents
shouted
and
swore
at her.
She
was taken to
sister
R'
s
rented
accommodation. Present were the grandmother,
sister
R'
s
husband I, cousin M and the grandmother, who kicked and punched her, mainly in the
stomach.
Cousin M was willing to marry her, but the grandmother
strongly
objected because one of his brothers was already married to
sister
R, while the father was the
son
of another of the grandmother'
s
sisters.
The grandmother
says
that
she
would never accept the child as her grandchild. At another time, the grandfather put a
small
kitchen knife to her throat and
said
that
she
had dishonoured him. The grandparents arranged for her to marry the father within a few days. The event took place quickly and with little ceremony. The mother
said
that
she
was upset and held her head down throughout and that there are no pictures of the event that can now be
seen.
She
describes the marriage as a
relationship
that
she
was put into by her parents without her consent. After the wedding, her father did not
speak
to her for two or three years, but her
relationship
with her mother improved after L was born.
- The mother named a long list of members of her own and the father'
s
family
who knew that
she
was pregnant at the time of the marriage. The grandmother definitely knew about it as
she
came to
see
her at the father'
s
family
home in the village a couple of times during the pregnancy. The baby boy was born in February 2002. Present at the birth were the father'
s
mother, his
sister
S
and his brother A'
s
wife F. Also present in the house were the father and his other three
sisters.
The mother
says
that
she
became unconscious after the birth and that when
she
recovered,
she
was told by F that her mother and mother-in-law had taken the child to Islamabad. The father knew about the birth of the baby as he was present in the house at the time and at one point came into the room to ask if
she
was okay. The grandfather would also have known as he was in Islamabad at the time.
- The mother described how the midwife who attended her at the time of L'
s
birth had noticed that
she
already had a tear and asked if
she
had had a baby before. This was confirmed by the mother and her
sister
F, who was
supporting
her.
She
had only
spoken
of it during the labour, and not
since.
- The mother described the marriage in this way. The first year was very unsettled, but after L was born the
relationship
improved and was good until the end of 2004/early 2005.
She
says
that
she
had no choice but to accept the position and decided to try to make the marriage work. Difficulties then arose around financial issues and disagreements between the mother and the father'
s
sister
S.
Referring
to events in Pakistan in August 2010, the mother described what
she
says
was the first occasion of violence on the part of the father.
She
explained that a number of
family
members and close guests had come back to the grandparents' home after a celebration of
S's
wedding at a wedding hall.
She
was in a bedroom, getting changed, when the father walked in. He was angry that pictures of his
family
had not been taken.
She
started
to
shout
at him and it turned into a physical fight, during which the father grabbed her by the throat. Voices were very raised and guests who were outside in the lounge area came in Mr IM (who gave evidence),
sister
F and her husband, and brother G'
s
wife N. IM grabbed the father off her and took him out. The mother was very upset and
remained
in the bedroom for a couple of hours, during which time the grandfather came in and
started
shouting
at her for making a
scene.
She
suffered
a lot of pain and
some
redness
around the neck. At that point
she
considered that the marriage, which had been going through a rough time before, was over and
she
did not
speak
to the father while
she
remained
in Pakistan. The grandmother was unhappy that
she
was not doing more to make the
relationship
work.
- The mother described in detail the evening of the father'
s
return
from Pakistan, his giving presents to the children, and his later forcing
sexual
intercourse upon her after they were asleep.
She
confirmed the detailed account of a
similar
event in October 2010, as described in her
statement.
She
described how on one occasion he had thrown a trainer at her and on two occasions he had broken crockery.
- The mother
spoke
emotionally, even angrily, about her feelings of being unsupported by her parents at key times.
She
said
that her
relationship
with her father had not been very
strong
since
her affair with cousin M.
She
spoke
to her mother
several
times, and to her
sisters,
but they
said
that they could not help, even though the mother
says
that her
sister
F
suffered
violence in her own marriage. Her mother
said
that
she
should
continue as a good Muslim wife, and that
she
had
suffered
violence herself. As to the children, the mother
says
that
she
is proud of them all, but it is the men
she
is ashamed of.
- The mother
said
that
she
believed that the
family
had discovered where
she
and the children are now living, and that
she
feels uncomfortable.
She
described contacting
sister
R in 2011 because
she
had gone through
similar
experiences. In the
same
way that her
family
supported
R'
s
first husband I at the time
she
left him, they have now
supported
the father against her.
- The mother
said
that
she
had been
scared
to tell the truth about her
relationship
with Mr B, as by doing
so
she
would increase the risk that
she
and the children face from her
family.
She
also
said
that
she
had not given full information to the police because
she
felt isolated and just wanted to get out. Her
reason
for leaving was not Mr B, but because
she
could not tolerate being at home any longer and her
family
was not going to
support
her.
She
describes the father as having wonderful children but being an unfortunate father as a
result
of what he had done.
The father'
s
evidence
- The father gave evidence through an able interpreter. He described his first meeting the mother when
she
came to Pakistan. They were neighbours in the village. By 1998 or 1999, he had begun to think of marriage.
She
liked him and he was in love with her. Her parents gave her time and
she
had a number of other proposals. The matter went on for two or three years and it was her own decision to get married.
- The father was not aware of any affair with cousin M or of any pregnancy. The marriage arrangements were very good, with three or four months of planning and 70 or 80 guests. He has no photographs of the wedding because the mother has taken them all.
- There was no birth early in the marriage. He, like the grandparents,
suggested
that if the mother had been pregnant,
she
might have arranged a termination herself.
- The father described the early years of the marriage as happy, but
said
that problems arose when
she
started
to
see
the local drug dealers and he raised objections. In
response,
she
would
say
that
she
would not let him
see
the children. There were no arguments about money, except that
she
would insist upon him
sending
money to his parents. He talked to the grandparents about his difficulties with the mother.
- The father denied pressuring the mother into having the termination in 2007.
- Asked about
sister
S's
wedding, he
says
that there was no trouble at the house afterwards, either in the
shape
of violence or verbal arguments, and that the mother did not
stop
talking to him at that time.
- There was no violence in the marriage, although he admitted to
some
swearing
on his part in
relation
to the mother'
s
involvement with drug dealers.
- He
strongly
denied forcing the mother to have
sexual
intercourse and
said
that none took place after the departure for Pakistan because the mother was unwell.
- The father believed that the mother had left because the drug dealers were giving her money. He did not want to threaten her or harm her, he just wants to
save
his children, who will be missing him a lot. He
said
with emotion that he had loved his wife and that he loves these children and wanted a happy
family.
- After the mother and children left, he
stayed
with the grandparents for two or three months before going to live in another property owned by the
family.
- Although the father has been entitled to monthly indirect contact for the past 10 months, he has only attempted this four times,
saying
that he cannot
read
or write.
- The father conceded that contact between
sister
R and the grandparents is limited, and thought that it may be because R considers that they
supported
her first husband against her. The father'
s
oral evidence about the
reasons
for that divorce did not accord with his written
statement,
in which he
refers
to alleged violence towards R by her husband. He now
says
that he did not believe R, because her husband, I, is "a coward" who would not do that.
- The father
said
that the mother could not be afraid of him or her parents, and had been
seen
around the local area, including by him.
- He described the problems that he experienced as a
result
of the mother'
s
involvement with the local drug dealers. He heard that the mother was visiting Mr B in prison from a cousin who was
serving
a
sentence.
The evidence of the grandparents
- The grandfather explained his difficulty in obtaining legal
representation
and
said
that it was hard
representing
himself. He
said
that from the
start
he and his wife had been concerned to protect the mother and children from bad elements, and they felt let down by the authorities. Their natural concern was interpreted as wanting to
find
and harm the mother. They have known where
sister
R has been living, but they have not harmed her in any way.
- The grandfather described his arrival in the United Kingdom and his long work
record.
He and the grandmother are not
related.
In
relation
to the move to Pakistan in 1996, he
said
that this was because of
sister
F'
s
wedding. They had been due to
stay
for two or three months. It was the children'
s
first visit and because they liked it, the
family
stayed
on.
- Asked about
sister
R'
s
disappearance when
she
was 18, he
said
that
she
had gone to
school
and didn't come home. He did not know why.
She
said
she
had a problem, but he did not know what it was and until
she
came to Pakistan later he did not know where
she
was living. He described R as his '
star'.
She
was very good at
school
and the only child to get into a grammar
school,
but
she
left her education in the middle. He had had no concerns about her morals or about her being
sexually
active.
- When
sister
R
separated
from her husband I in 2005/6, he was in Pakistan and he had no idea why it had happened. He understood that
she
had made allegations of violence but he had formed no opinion about them as he had not been able to talk to her about it in case
she
thought he was following her.
- Concerning cousin T, his niece, the grandfather
says
that
she
would visit from the village for a couple of days at a time. He had been told that her clothes caught fire while
she
was lighting a bread oven,
something
that quite often happened in Pakistan. The mother'
s
account of T'
s
imprisonment is a fabrication from beginning to end.
- He was happy about the marriage of the mother and father and could not imagine any
relationship
between the mother and cousin M. He heard no rumour and was not aware of any pregnancy. Had
she
been pregnant, he would certainly have known about it. However, if
she
had become pregnant by M, that would not be a problem for him, but for M'
s
family
and his wife'
s
family.
From his point of view, there would be no
shame.
He did not beat the mother or threaten her with a knife.
- Back in England, the mother never complained about the father'
s
behaviour. He was concerned about the mother'
s
associations with drug dealers before he made a trip to Mecca in April or May 2010, and he
spoke
to her about it. His information came from an anonymous
source
who made
several
telephone calls to him.
- He was clear that no incident could have happened at the time of
sister
S's
wedding as he was in the house at the time.
- He had no explanation for the breakdown in the
relationship
between himself and his wife and the mother,
saying
that it was what
she
had chosen to do. They had taken the father in because he had nowhere else to go. They did not think that the mother'
s
allegations of violence and
sexual
assaults could be true and believed that
she
had invented these incidents.
- The grandfather
says
that the
fact
that baby M has a black father does not
shame
him, and if the community has a problem, that is their problem.
- The grandmother gave evidence through an able interpreter.
She
said
that
she
had done nothing to have this
situation
brought upon her.
She
hopes that
she
will get her children back and bring the mother close to her. Her
relations
with four of her children are good. As to
sister
R, they
see
her if they go to her town, but do not go to her home as they have a problem with her husband F arising from a long-
standing
land dispute with his
family
in Pakistan. F'
s
father and the grandfather are first cousins.
- The grandmother had not
spoken
to the mother
since
she
left in February 2011.
She
wanted the mother to be happy and to be away from bad people. The mother had never complained about the father to her and gave no indication that
she
was about to leave.
She
did not believe the mother'
s
allegations of violence and
said
that the
sexual
allegations could not be true. None of her children had ever been
subject
to domestic violence at the hands of their husbands.
She
did not
see
or hear any difficulties at
S's
wedding.
She
had no idea why
sister
R left home, and
she
was happy there.
She
had no knowledge of the mother having had an affair with cousin M, and denied having punched and kicked her. No baby was born in 2002 and no mother could take a baby from her daughter in that way. The mother had trusted her with L when
she
was a
small
baby.
- If the mother had become pregnant
she
would have told her, and
she
would have had a right to know.
She
would have talked to M'
s
mother, her
sister,
and a marriage could have taken place when children are happy, parents
support
them.
Evidence of
sisters
F and
S
Sister
F made a
statement
and gave brief evidence, having
sat
with her parents during the proceedings.
She
is a
social
worker, having graduated in 2011.
She
described how her parents discussed her marrying her cousin
S,
and how
she
was happy with this. If
she
had any issues with her husband,
she
would discuss them with her parents as it was their right to know and because they were
responsible
for the marriage.
Sister
F was present throughout the birth of L. Asked whether
she
remembered
the midwife asking about a tear,
she
replied:
"I did not tell the midwife that my
sister
had had a child in Pakistan. I don't
recall
my
sister
saying
that
she
had had a child born who died at one day of age." There was no discussion at all of the kind
recorded
in the nursing notes.
- In
relation
to
sister
R, F
said
that
she
thought that after her
separation
from her husband I,
she
had told her that
she
had been hit by her husband. F thought that maybe this did happen. However,
she
later
said
that no daughters in her
family
got beaten up, and that
she
herself would not accept domestic violence.
- F
said
that if an incident had happened at
S's
wedding,
she
would have heard it or heard of it. In
fact,
the mother was
really
happy and had a good time at the wedding.
She
did not believe what was
said
about cousin T (her
sister-in-law).
Such
an inhumane thing was not characteristic of her parents or her in-laws. In Muslim
families,
daughters are very precious. In addition, a
statement
from her husband
S
(T'
s
brother) affirms that he was in England between 1997 and 2005 and could not have participated in any abuse of his
sister
in 1999.
- F was not able to
say
why
sister
R had left the
family.
Sister
S
gave evidence.
She
works in a bank and is a law
student
in addition to being a mother. Her husband is her paternal first cousin.
She
has been closely
supportive
of her parents
since
the mother and children left, and was their main
spokesperson
with the police.
She
said
that the mother had never mentioned any violence to her until
she
left home.
She
did not believe the allegations against the father and
supported
him.
She
had no doubt that the
sexual
allegations were untrue.
She
had not
spoken
to her
sister
since
she
left.
Other evidence
- There was one other live witness. IM is a first cousin to both parents. He comes from the
same
village. He
says
that he has lived in England for
some
20 years,
returning
to Pakistan roughly every two or three years. On one occasion he
saw
the parents together, talking about marriage. He thought this had been going on for three years. He heard nothing of a baby in Pakistan. As far as he was concerned it was not a rushed or forced marriage. He also
says
that he went to
S's
wedding and there was no trouble between the parents,
so
he did not have to pull the father off the mother. The mother had never
spoken
to him about problems in her marriage (
something
she
has asserted).
- In assessing the evidence of IM,
regard
has to be had to the poor quality of the initial interpreter, who had to be
replaced
during the course of the witness'
s
appearance.
- Next, the evidence of the two police officers was helpful in establishing
some
of the
facts
set
out above, but I did not
find
that it went any further than that.
- Finally, there is a body of peripheral evidence about events following the mother'
s
departure (alleged
sightings,
gas bills etc.) that I did not
find
of assistance in assessing the main allegations.
The
submissions
of the parties
- Detailed written
submissions
have been presented by the parties and have been
supplemented
by brief oral argument.
- On behalf of the mother the essential arguments of Mr Geekie QC and Ms McLaughlin are that:
- Firstly, while her case is made precarious because of her lies, careful
scrutiny
should
lead the court to conclude that her case is made out. Those parts of her evidence that are
shown
to be unreliable can be compartmentalised and do not infect her core account. Her lies
relate
to a
specific
issue, and her oral evidence about that was given very differently to her other evidence.
Secondly,
in addition to her own account, there are threads of evidence from other
sources
which
subtly
but powerfully lend
support
to the mother'
s
case:
- This is turn tends to
support
her claim of a forced marriage.
- Thirdly, the mother contends that Ms
Sanghera's
evidence describes patterns of behaviour and a code of conduct known to be found within the culture that
she
describes. Those
find
strong
resonances
in the life described by the mother. The code of conduct provides a unifying feature which explains the most
striking
aspects of the case: the treatment of
sister
R, the departure to Pakistan in 1996, the treatment of the baby, the
response
of the
family
to the mother'
s
departure.
- On behalf of the father, Mr MacDonald QC and Mr Poole
submit
that the allegations raised against him are not made out on the balance of probabilities, except for
some
limited verbal abuse consistent with a marriage under pressure. They
submit
that the mother'
s
credibility is fundamentally undermined by her extensive lying about Mr B and her exaggeration of other matters. The lies cannot be compartmentalised but go to the heart of the matter.
- As to
specific
allegations that concern the father:
- The mother was clear in her evidence that he did not know about any
relationship
between herself and cousin M and that he had nothing to do with any mistreatment of cousin T.
- There is no
reliable
evidence of any affair between the mother and cousin M(azhar). The father did not know about the mother being pregnant and it would be unusual for a man knowingly to marry a woman who was pregnant by another man.
- Issue is not taken with Ms
Sanghera's
generic opinions but the father distinguishes and takes issue with those parts of her
report
that
stray
into expressing an opinion about the
facts
themselves.
- The grandparents naturally benefit from the
submissions
made on behalf of the father. They
say
that
statements
made by the mother had been
shown
to be untrue and unreliable. This indicates that much of her case is intended to conceal her involvement with unsavoury characters. It is clearly
shown
that "all her allegations are fabricated and untrue". The manner in which
she
gave her evidence was unsatisfactory. "This was all done to conceal her affair with the 'main player' of a drug empire."
- The grandparents deny that they are capable of
such
horrendous crimes: "Otherwise why is
she
still
alive to tell the tale?" Their door
remains
open to her and their grandchildren. "We are not a
family
who disowns or frowns upon anyone who
strays."
- As to
sister
R: "
She
herself made it very clear when
she
was
summoned
to court that her leaving home was an adolescent mistake and that it was nothing to do with the
family.
We at the time and even to date do not know ... why
she
fled home ...
She
has not caused us offence in any way." Likewise, they did not
support
R'
s
first husband I against her.
- With
regards
to the move to Pakistan, the grandparents
say
that this was planned to be for a few weeks for
sister
F'
s
wedding, and was not a consequence of R leaving home.
- At the time of cousin T'
s
death, they were not in Pakistan, and nor was cousin
S.
- They do not accept that the mother was pregnant in Pakistan, but if
she
was,
she
concealed it. Her
reference
to any morning-after pill clearly indicates that "it is [
she]
who has killed the baby and no one else."
- There was nothing abnormal about the wedding arrangements between the mother and the father.
- They never had any indication of violence between the parents, and they would not have tolerated it. Had there been an assault at the wedding, the mother would have been able to call witnesses.
- The mother'
s
recourse
to antidepressants "was all because this was her elaborate plan to make her
reasons
for fleeing home
sound
and look true." If the mother was afraid,
she
would not have gone to places,
such
as the children'
s
school,
where
she
could be
seen.
- They have not tried to trace the mother and are only concerned for her
safety
and that of the children. This concern has been turned against them.
- They do not approve or tolerate the views that Ms
Sanghera
describes. They have lived in England for most of their lives and have two daughters with professional qualifications.
- The grandparents invite the court to make allowance for their lack of
representation.
- On behalf of the Guardian, Mr Miller does not contend for
specific
findings
but makes the following observations:
- The benign expressions of the grandparents towards baby M may need to be viewed with caution, given the identity of his father.
- This judgment cannot encompass every matter raised by the parties in evidence or argument, but I have had the advantage of time to
study
my notes and the written presentations, and have them all in mind when
reaching
my conclusions.
Discussion and conclusions
- This is a very
serious
matter, with profound implications for the
relationship
between these children and their father and wider
family
on both
sides,
and possibly for the
safety
of the mother and the children.
Some
fact-finding
hearings concern the events of a
single
recent
moment involving no more than one or two people. In this case, the court is asked to
survey
a period of
15
years and events that concern many members of this large and interrelated
family.
Inevitably, the focus can only be on a limited number of alleged events. I propose to make primary
findings
about the central allegations
regarding
(1) the move to Pakistan, (2) cousin T, (3) the birth of a child, (4) the marriage, (5) events at
S's
wedding, (6)
sexual
assaults, (7) other domestic abuse.
- As I have already
said,
the court is here working with far less information than is
sometimes
available. This is not a case in which the person making allegations builds a case brick by brick to create a
solid
and unshakable
structure.
But a
reliable
structure
need not be made of brick or
stone.
It can consist of lighter materials, provided it has integrity.
- In considering the evidence of each witness I have taken account of the extent to which it is consistent with their own previous
statements
or
supported
by the evidence of other witnesses or by any contemporaneous
records,
and the manner in which the witness gave evidence.
- I
find
that the mother'
s
evidence about the central allegations has been broadly consistent, although in
some
cases the details have emerged over time. Her account is
singularly
unsupported by other evidence, but if it is true this would not be
surprising
as the other witnesses would all be
family
members.
- The only contemporaneous
record
that the mother can point to is in L'
s
maternity notes.
- The mother gave evidence about her allegations with conviction. Her descriptions were
spontaneous
and detailed, as if from memory,
suggesting
that they are either true or carefully learned and
rehearsed.
In contrast, her evidence about Mr B was laboured, vague and unconvincing.
- The evidence of the father, the grandparents and the
sisters
was nothing if not consistent, though the father departed in certain ways from his written evidence. In general, they presented a blanket denial. This is natural if the allegations are false, but (
reminding
myself that they do not have to prove anything) they did not provide alternative information that might throw doubt on the mother'
s
account. Instead, their approach was that because the mother is a liar nothing
she
says
can be true.
- Concerning the move to Pakistan, I bear in mind that the mother was aged only 16 and cannot have known about all the affairs of the
family.
I nevertheless
find
that her account of the
reason
for the
family's
abrupt
removal
to Pakistan for (in her case)
six
years is probably true. I
find
the grandfather'
s
explanation that the
family
had gone for weeks and
stayed
for years because the children were enjoying themselves unconvincing in the context of a
family
where children do not make the decisions. It does not account for the
fact
that
sister
R was abandoned in England at a young age, or for the
sabotaging
of the mother'
s
academic education.
- The mother'
s
account of the treatment of cousin T was
so
striking
that it would be almost impossible for her to have invented it, and her written and
spoken
evidence about this persuaded me that
she
was describing
something
that
she
had
seen.
In contrast, the denials of the grandparents and
sister
F lacked conviction. I do not forget that her husband, cousin
S,
who is implicated by the mother, denies being in Pakistan at this time and offers to
show
his passport, but my conclusion would be the
same
whether or not he was involved.
- The evidence about the birth of a child is curious. I accept that it would be unusual to make a
finding
that a child has been born when there is no official
record,
but if the mother is telling the truth there would be none in this case. In
relation
to the mother'
s
allegation of having had an affair with M, I bear in mind that the court has no evidence from him. However, it is a
strange
and possibly risky allegation for the mother to make if it was untrue. While there is little detail about the
relationship
apart from the mention of the morning-after pill, the mother was able to describe those present in the home at the birth, , including the father, with clarity.
- The evidence that convincingly persuades me that the mother probably gave birth to a child in Pakistan is the entry in L'
s
maternity notes. I am confident that the mother and
sister
F gave this information to the midwife and neither the father nor the grandparents nor F could offer any
reason
for them having done
so
if it was not true. F herself
seemed
not to know how to deal with the issue and I
find
that, perhaps in the emotion of the labour,
she
and the mother both
spoke
briefly of
something
that was a
family
secret.
- I do not go
so
far as to
find
that the parents' marriage was a forced marriage in the fullest
sense
of the word. It would perhaps be more accurate to describe it as having been firmly arranged by the grandparents. I accept the mother'
s
description of it as being a
relationship
that
she
was put into by her parents, but it cannot be overlooked that the mother'
s
pregnancy presented her and the
family
with a big problem that had to be managed
somehow,
as the prospect of a birth outside wedlock would not have been acceptable. The grandfather'
s
assertion that it would not have been a problem for the
family
that the mother was pregnant outside wedlock
struck
me as highly improbable.
- While it would be unusual for a man to marry a woman who was pregnant by
someone
else, as the father did, any objection he may have felt may have been overcome by the prospect of marrying
someone
with the mother'
s
personal qualities and by the prospect of coming to the United Kingdom in due course.
- The mother'
s
account of events at the time of
S's
wedding was detailed and credible. The evidence
rebutting
it did not lead me to the view that
she
had invented it, and I accept that this assault took place and that the
family
and Mr IM know that it did. It is telling that the mother makes no complaint of this kind against the father before that date, and that
she
freely acknowledges that there were
some
good years in the marriage. Further, if
she
had wanted to invent an assault, it is unlikely that
she
would have chosen a
relatively
public event as the
setting.
- In general, the mother was able to give detailed and
spontaneous
information about who was and, equally, who was not involved in each episode.
So,
for example,
she
was clear that the father was not involved in the abuse of T, and nor did he know about her affair with their mutual cousin M.
- I also accept the mother'
s
evidence that the father carried out two
serious
sexual
assaults on her following his
return
to England, along with other
relatively
minor incidents of domestic misconduct. The descriptions are detailed and coherent. I am afraid that the description of one assault having been carried out while a
sleeping
child was on the bed does not make it any less likely to be true.
Stepping
back, the court must ask itself whether the above conclusions are
shaken
by the
fact
that the mother has been proven to be
such
a determined liar about other matters. Are those lies
so
damaging that they destroy the
structure
of her case?
- The mother'
s
dishonesty about her dealings with a
serious
drug dealer and his associates is deplorable. The court
relies
upon parents to tell the truth
so
that the right decisions can be taken in
relation
to children. The mother'
s
lies have made it harder for the court to do this.
She
has gone to considerable lengths to cover up the
fact
and extent of her
relationship
with Mr B, and even now I have no confidence that
she
has given a full or truthful account.
- However, having had a full opportunity to consider this issue while judgment has had to be
reserved,
I conclude that the mother'
s
lies do not undermine her other allegations. Her explanation that
she
was attempting to protect herself and the children, and that
she
was embarrassed is credible when one considers this
family
history.
- I take account of the
fact
that the
reason
given by the mother for her flight is at one level linked to her allegations, but I
find
the
family's
suggestion
that
she
has invented these detailed allegations as a
smokescreen
for her involvement with a drug gang quite uncompelling. Whatever the depth of the mother'
s
involvement with undesirable people, I do not
see
why it would have been necessary for her to lie (or indeed go to the police or to a
refuge)
if
she
did not in
some
way fear for her
safety.
If the
family
philosophy is as benign and
supportive
as its members protest, her actions would have been unnecessary. Likewise, the grandparents' assertion that they have never known why
sister
R left the
family
(twice) is not credible.
- Considering all these matters, I accept Mr Geekie'
s
submission
that it is the
family
code that provides a unifying explanation for the most
striking
aspects of the case. This code may have led
sister
R to absent herself from this bitter
family
dispute and it places
sisters
F and
S
in a very difficult position. Although they are both educated persons, they are not free agents.
- As to the father, faced with the mother'
s
allegations, it is in his interests to identify himself with his in-laws. I do not doubt his
strength
of feeling for his children, but the quality of his evidence overall cannot be compared to the mother'
s,
and I
reject
his denials of violence.
- I also
reject
the evidence of the witness IM, who gave the impression that he was attending to provide whatever
support
the
family
required.
- Weighing the evidence and assessing the inherent probabilities, I
reach
these conclusions by way of primary
findings:
(1) In 1996, the
family
moved to Pakistan, leaving R behind at the age of 18 after
she
had run away from home.
(2) While in Pakistan, the grandparents participated in the imprisonment and beating of cousin T.
(3) In Pakistan, in 2001, the mother became pregnant by her older first cousin M. On discovering this, the grandparents beat her and arranged for her to marry the father.
(4) In Pakistan, in February 2002, the mother was delivered of a child, which was
removed
from her at birth.
(5) Following the
separation
of
sister
R and her husband I in 2005/6, and despite R alleging that he had been violent to her, the
family
sided
with and gave
support
to I.
(6) In August 2010, on a visit to Pakistan for her
sister
S's
wedding, the father assaulted the mother during an argument by grabbing her by the throat.
(7) On the
family's
return
to England, the father raped the mother twice, the first occasion being in
September
2010 and the
second
being in October 2010.
(8) Between
September
2010 and February 2011, the father was verbally abusive, pushed the mother and children, and threw household items.
(9) After the mother left home on 6 February 2011, the
family
became aware that
she
was alleging that the father had been physically and
sexually
violent to her. Despite this, they have given
support
and a home to the father.
- I further
find
that despite its inauspicious beginnings, the parents' marriage was
reasonably
calm until about 2007, but that it then deteriorated and the mother became increasingly dissatisfied and unhappy.
She
began to associate with people who were involved in drug-dealing in the area of the
family
home and from
September
2010, if not before,
she
became involved in a
relationship
with the ringleader, Mr B, by whom
she
now has a child. The mother has persistently lied about these matters and the truth is not yet known; however, this does not invalidate her allegations against her
family
or the father.
- I make no
findings
about the death of cousin T or about what happened to the mother'
s
first child.
- These primary
findings
will form the basis for an assessment by the court of the level of risk that the mother and the children may now face, and for orders about the children'
s
future. The mother alleges that her
family
have made threats to kill her and have
said
that they want to take away the children. While it would not be
safe
to discount the existence of risk in the light of my
findings,
I
reach
no further conclusions at this
stage.
I will hear from the parties as to how the matter
should now be progressed.
________________