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Legal Precedent for a Situation Gone Wrong
Influence of the courts over child custody arrangements in the case of a divorce is low to non-existent. There is a persistent expectation that the parents will come to an agreement about matters related to children, and it is generally not considered beneficial to engage the courts. It is important for disputing married couples to understand that there are three separate issues embedded in a divorce situation: 1) The actual divorce which concludes with a decree absolute; 2) Division of marital assets and financial provision for the spouses and children, which is referred to ancillary relief; and 3) proceedings focused on the custody / residence of children, contact arrangements with non-custodial parent, and so forth[footnoteRef:1]. [1: Terry & Co Solicitors, The Laurels, Shadoxhurst, Ashford, Kent, TN26 1NL United Kingdom. Retrieved from http://www.terry.co.uk/men_div.html]
Given this tendency of the court for a hands-off response to divorce proceedings related to children, Perry's initial reaction of alarm is understandable. Faced with the prospect of abduction of his child, Rose, Perry's attorney -- had he been given opportunity -- could have relied on a number of statutes to provide relief to Perry. If the abduction is anticipated but had not yet taken place, specific remedies of the court are available to Perry's attorney, including applying ex-parte in the High Court for the following:
A prohibited steps order
An order for delivery up of the child's UK passport by authority of Circuit Judge
An order restraining issue of passports;
An order restraining the other parent from removing a child from his residence
An interim residence order
A bond for return of the child after contact[footnoteRef:2] [2: http://www.reunite.org/edit/files/articles/Child%20Abduction-Case%20Management.pdf]
Moreover, the statutory framework related...
2647).
Forsaking the lost opportunity for preventing a child abduction and settlement of marital discord, attention must be paid to Perry's battery of his wife, Naomi, which is a criminal offense distinct from assault, an offense that creates apprehension of the immediate commission of battery. Perry can be said to have committed battery since his behavior meets both prongs of the test: 1) The mens rea (fault element) can be proven as Perry acted intentionally or recklessly[footnoteRef:3] and 2) Perry could foresee that the result of choking his wife could result in her loosing consciousness or worse, and despite what is virtually a certain consequence of action, Perry nonetheless acted[footnoteRef:4]. Under English law, the R. v. Woollin [1998] decision applies to statutes related to murder but is commonly accepted as intent throughout U.K. criminal law. Indeed, with regard to intention and reckless behavior, the standard is that when a person acts and is aware of the associated risk with that action, but act regardless of this awareness and when no reasonable person would act, that person has acted recklessly[footnoteRef:5]. Battery is not held to be a statutory offence under section 39 of the Criminal Justice Act 1988. However, case law[footnoteRef:6] does hold that battery is…
Although Perry could be charged with a count of attempted murder, but the courts are likely to be highly critical of such a charge absent clear evidence that an intention to kill was held by the defendant. Section 6(3) of the Criminal Law Act 1967 applies when possible alternative verdicts may be available to a jury in addition to -- or other than -- an allegation of attempted murder. The trial judge at the Court of Appeal has been known to let the jury determine an alternative count of causing grievous bodily harm with intent[footnoteRef:9]. The rationale was that the defendant could not intend to kill the victim absent the intent to also cause grievous bodily harm. [9: R. v. Morrison [2003] 1 W.L.R.1859.]
Perry exhibited a strong emotional response to the anticipated kidnapping of his daughter by his wife. As such, distress or fear or panic can establish the psychological harm that results in assault with bodily harm. If Perry were to assert that psychiatric injury is the basis for the assault with bodily harm, this would need to be admitted by the defence and it should also entail evidence to that fact submitted by an expert that is called by the prosecution[footnoteRef:10]. [10: R. v Chan-Fook 99 Cr. App. R. 147, CA.]
In summary, Perry's assault on his wife, Naomi, in front of his child and his brother, was an impulsive act driven by his acute psychological state, the catalyst of which was anticipated loss of contact with his daughter in the foreseeable future. Moreover, Naomi died as a direct result of her family's decision to remove her feeding tube, despite the fact that she was breathing on her own. Perry is most likely to be charged with aggregated assault, and has a reasonably good chance of defence.
" (p. 471). Finally, the Court ruled that the police could not interrogate suspects who expressed the desire to exercise their right to remain silent and that. "Once warnings have been given, the subsequent procedure is clear. If the individual indicates in any manner, at any time prior to or during questioning, that he wishes to remain silent, the interrogation must cease." (pp. 473-74). If the interrogation continues and if the
While the medical field agrees that prolonged suffering is not a desired product of medical care it has not yet reached the point of accepting that it is actually torture. When we are at war we have soldiers how are standing trial for the torture and inhumane treatment of prisoners of war, however, we are not allowed to prevent that same level of torture from being thrust upon our loved ones
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This act enlarged the labels on the cigarettes, and required that the labels on cigarettes and cigarette ads say things like,."..Cause lung cancer...may complicate pregnancy...quitting smoking now greatly reduces hazards to your health... may result in low birth weight and fetal injury." Yet despite all these attempts to educate, all the package warnings and all the public service ads, we still see that despite the millions of dollars spent
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