The notorious lay represenative of fathers in the English courts has been at it again. And this time it is not about contact with the father's children. It's about filthy lucre.Well, I suppose Dr P is entitled to earn a crust.
The answer to the title question is: No, not a lot really. In fact, if you consider cases that he has been involved in (including his own sorry dispute with his ex-wife) he damages fathers and their relations with their children.
It is not simply that he gets up the noses of judges. He does that, however. He does it with such skill and alacrity that I sometimes think that he wants to lose.
If you are really tempted by having Dr Pelling represent you then you should first of all read the judgment in his latest debacle. You will quickly change your mind.
It is G v A and it becomes compelling reading at about paragraph 100.
For instance, would you really want your advocate to send in a written comment on the judgment as follows:
"In fairness to [the father] I would ask the reason why the cheque was stopped be stated. It was stopped on Dr Pelling's advice who drew [the father's] attention to the stated purpose of the £20000, for the mother's cost of moving, … , and pointed out that no move of the mother was on the horizon and that of course the problems of the settlement deed etc had not been resolved so the move was not going to take place in the near future. It was not reasonable to pay under those circumstances, especially as the Order made no provision for what would happen to the money if the move was not taking place, and on the mother's record there was real concern it would just be spent improperly and dissipated. It is not fair to [the father] as a businessman of probity to damn him in a judgment as a person who stops cheques when he owes money, which prima facie does not enhance reputation. [The father] cannot publicly reply to such aspersions because of the anonymisation (which does not guarantee that [he] will not become known to some people as the A in question)."Mr Justice Munby saw that one coming:
I am content to record Dr Pelling's comments but they hardly seem to assist the father. The facts as I set them out in paragraph [6] are not disputed; nor could they be. The fact is that the father stopped the cheque in December 2006, at a time when his appeal against the District Judge's order stood dismissed, when the stay had long since been lifted and long before he made his application to the court on 15 June 2007. The fact is that when he stopped the cheque he owed the money. The fact, as now appears, that the father acted on the advice of Dr Pelling can hardly assist him; it merely throws an interesting light on Dr Pelling's approach to orders of the court.As a lawyer, I naturally advise you to pay attention to orders of the court. If you want to take the advice of Dr Pelling then feel free to do so. If the advice, in the end, does not work out entirely costs neutral (financially or emotionally) then I am sure that Dr Pelling's insurance will cover you. Please check with him first, however.
5 comments:
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Sir, Munby J was appealed against on this issue, that of payment IN ADVANCE for the mother's costs of of moving and property refurbishment at some time in the future. It is obvious to anyone with the slightest modicum of finacial expertise that any payment related to an act should be timed to occur at the time of the 'act' ie a property purchase.The Appeal was won by the father, and costs were awarded against the mother proving Dr Pellling RIGHT! I thought you were a financial advisor?
There are several points in this that reiterate why your stance is one of self-interest, and seems to put children first but actually does not, it merely propagates your earning capacity.
It is wholly unacceptable to put ANY adult parent, male or female (mothers ALSO lose contact with their children and THEY are shouting) through a many-year stressful process of Court application in Secret hearing. The statistic that 30% of children lose contact with one parent usually the father (because of endemic bias) within two years speaks for itself as an indicator the current system fails children AND parents. Powerful untrained Cafcass officers advise judges who have no recourse but to accept the ‘advice’ of these untrained so called ‘professionals’ who must side with one or the other parent to the pain of the child. Research shows children flourish with BOTH parents in their lives so why NOT make an automatic presumption of Contact?
There should be an automatic rebuttable presumption of 50/50 starting point Contact, to be negotiated downwards by the parties themselves. This should be the starting point norm, with the rebuttable starting level based on an application with EVIDENCE, not the obvious bias that exists. The Munby J judgement you MISinterpreted was Appealed and WON [by Dr Pelling]). I owe absolutely NOTHING, until mother moves to a new property as the FIRST judge ordered long ago. If she obstructs that process it is NOT my fault. Munby J was wrong to make me pay whether mother moves OR NOT, its THAT simple, and that MUnby J decision, alone, proves the inate bias is often lost on readers. How can one expect secret Courts to disseminate their ‘good’ work? On Appeal this BIAS was so very wrong for ALL WHO FOLLOWED that another Appeal Court judge had no choice but to reverse Munby J’s biased judgement.
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