I have met and heard the tragic stories of many parents. PA is a function, by and large, of a custodial ex-partner, although some alienation can start while the couple is still together.

This blog is a story of experiences and observations of dysfunctional Family Law (FLAW), an arena pitting parent against parent, with children as the prize. Due to the gender bias in Family Law, that I have observed, this Blog has evolved from a focus solely on PA to one of the broader Family/Children's Rights area and the impact of Feminist mythology on Canadian Jurisprudence and the Divorce Industry.

Thursday, January 22, 2009

Another case and country when the crime of fraud is not a crime when it involves a wife committing paternity fraud on a husband

From the Daily Mail Online in the UK. A link is at the end. As is usually the case most of the comments that blame the dad for exposing this crime are from females or very obvious male feminists. A common theme of those who blame the man is he no longer loves his daughter and has given her up. It is a fallacious argument lacking logic. The daughter found out by reading her mother's diary. My comments have been submitted to the daily Mail in the UK as follows: I note with interest that most of the comments saying the man shouldn't put his daughter through this are from women or feminist men. Do you have similar stories to tell? One needs too separate out the issues. I have no doubt this man loves his child dearly and he still considers her his daughter. He was duped, lied to and cheated on for a very long time by a fraudulent wife. Fraud is a crime in most every instance except when a women commits paternity fraud on a man. Its the same in Canada. Interesting isn't it! One would think this would be somewhat heartbreaking and debilitating. If all these matters were kept secret we can never change them. This man has courage to confront it and hopefully he will seek whatever recourse he still has whether in the UK or the EU.

Paternity fraud fight of husband 'duped for 17 years by wife'

By Lucy Ballinger

Last updated at 3:14 PM on 22nd January 2009

A husband was conned for 17 years by his wife into bringing up her lover's child as his own, a court heard yesterday.

Mark Webb only found out the truth from DNA tests conducted after the girl turned 18, it is alleged. He has tried to sue his ex-wife Lydia Chapman for deceiving him over the paternity of her daughter.

In the first 'paternity fraud' case to reach the Appeal Court, Mr Webb claimed his former wife and her alleged lover conceived the girl at a hotel in 1985.

Mr Webb, 47, claims he was given no reason to believe the girl was not his and she was registered as the couple's child.

lovechild
Mark Webb

The woman, now in her twenties, poses on her Facebook page. She was conceived after her mother allegedly had an affair

He claims that three months after the girl was born, Mrs Chapman and her alleged lover again met at a summer barbecue, where they sneaked away to a nearby picnic area to have sex.

He alleged that they also discussed the baby's paternity and deliberately set out to make Mr Webb believe the girl was his daughter.

Mr Webb claimed that, for years, his wife had continued with the deception, even giving her husband Birthday and Christmas cards from his 'daughter' referring to him as her 'daddy', the court heard.

Mr Webb, from Bournemouth, claimed he financially supported the girl from birth without a penny in maintenance from the 'true father'.

Justice Thorpe

Lord Justice Thorpe said the case involved 'interesting socio-legal arguments'

Mrs Chapman, who denies deceiving her ex-husband, allegedly told Mr Webb in 2002 that he was not the girl's father and filed for divorce the following year.

Mr Webb's barrister, Nicholas Mostyn, QC, told the court it was not until 2004 – by which time the girl was 18 – that a DNA test confirmed that he was not the girl's father.

Mr Mostyn argued the case raised 'profound questions' about a spouse's 'duty of candour' to their partner. He told the court: 'Honesty and good faith lie at the very heart of the contract of marriage.'

Describing 45-year-old Mrs Chapman as an 'inveterate liar', he claimed she had 'a fixed and certain knowledge' that Mr Webb was not the girl's father.

Mr Mostyn said Mr Webb's 'sense of injustice' meant he wanted to pursue his case to the House of Lords if necessary, but the Appeal Court judges denied him that opportunity yesterday.

They refused him permission to appeal against a Bournemouth County Court judge's dismissal of his damages claim.

Lord Justice Thorpe said the case involved 'interesting socio-legal arguments' but would 'visit upon the litigants huge burdens, both financial and emotional, which are disproportionate to any prospects of success'.

The judge, sitting with Lord Justice Aikens and Mr Justice Bennett, said: 'This whole case can be categorised as a misfortune to all those engaged in it. I would not wish to be the one to extend their misfortunes further.'

At her £250,000 red-brick cottage in Southampton, Mrs Chapman refused to talk about the case last night. Her alleged lover also refused to comment.

http://www.dailymail.co.uk/news/article-1126463/Husband-sues-wife--8216-duped-17-years-bringing-daughter-wasnt-child.html

Wirral firm hails victory in paternity fraud case

A WIRRAL law firm is celebrating after defeating a landmark paternity fraud case in the Court of Appeal.

Prenton-based Beech Jones De Lloyd represented Allen Mottram, a father who was sued for fraud and deceit.

Claimant Mark Webb said he was dupedÅ  into thinking he was the biological father ofÅ Elspeth Chapman, whom he had raised for 17 years, and wanted compensation.

Mr Webb’s former wife, Lydia Chapman, was accused of concealing her suspicions about the true identity of her daughter. She conceived Elspeth after an affair with Mr Mottram in 1984.

But Elspeth, now a 22-year-old English teacher, read about her mother’s secret while reading one of her diary entries.

Since Mr Webb was confronted by Elspeth about her true father’s identity, he has pursued Mr Mottram and his ex-wife for compensation.

Paul Dumbleton, senior partner at Beech Jones De Lloyd, said his client could have been stung for £192,000, which recent research suggests is the cost of bringing up a child.

Mr Dumbleton continued: “We won the case because of all the hard work and detailed preparation we did.

“But, at the end of the day, it’s all about the client, who’s had a successful outcome, which we’re delighted about.” Mr Dumbleton and counsel Peter Prescott, QC, convinced three appeal judges to dismiss the case during the five- day hearing in Bournemouth last week.

They said Mr Mottram could not be sued because he neither knew he was Elspeth’s father, nor did he try to convince Mr Webb that he was the girl’s true father.

The legal team also hired a private detective to try to establish that Mr Webb may have suspected he was not the girl’s father, but did not try to find out the truth.

Mr Dumbleton continued: “This was a civil fraud case and as such the burden of proof is higher than in normal cases.” The team hired stenographers to record word-for-word transcripts of the case. Each evening they retired and read through the day’s proceedings to prepare for cross-examination.

He added: “The repercussions of this case may send a shiver down the spine of many husbands, wives and partners throughout the country. In this case, it was clear that our client had not deceived the child’s father.”

Beech Jones De Lloyd opened their Wirral branch 18 months ago. Mr Dumbleton added that he and his team have a growing reputation based on representing clients taking on Government, the establishment and larger businesses.

benschofield

1 comment:

Anonymous said...

With DNA testing nowadays these stories are starting to become common. People go off about dead beat dads but that's exactly what these types of dads are - making someone else pay for supporting their kid.

The moral of the story is if in doubt, ANY doubt, get a paternity test done. Even if on the sly. You should be given the choice if you want to adopt someone else's child, not be conned into it.

I think it's horrible how dad's who do get their kids tested are treated in the public's eye, but then probably because only men can be put in the situation where they do not know if the child is theirs or not.

Imagine if you thought a child was yours all their life only to find out later they weren't and when they found out they went off to find their biological dad and other relatives.

BTW in my country you are screwed as a male if you put your name on the birth certificate of child as their dad and you are not - because as far as the courts are concerned you will have all the legal responsibilities of that child's dad regardless of biology, even if the child later gets an order to have their biological dad's name put onto their birth certificate in your place.