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Issues - Social Security
COURT OF APPEAL
CIVIL DIVISION
COURT 74
Before LORD JUSTICE WARD
LADY JUSTICE ARDEN and
LORD JUSTICE SCOTT BAKER
Wednesday, 19th May, 2004
At half-past 10
APPEAL
From Appeal Tribunals
(Social Security Commissioners)
FINAL DECISIONS
C3/2003/0893 Hockenjos v Secretary of
State for Work & Pensions.
Appeal of Applicant from the order of The Social Security
Commission,
dated 13th January 2003, filed 14th April 2003.
Court of Appeal (Civil Division)
Royal Courts of Justice,
Strand, London, WC2A 2LL
Tomorrow at 10.30 hours at court 74 of
the Court of Appeal in Civil Cases at the Strand in London,
Eugen Hockenjos’ second round of Appeal will be heard
by three Lords Justices. It is about bringing the law on Social
Security in line with the equal parenting and shared care
demands of the 21st century.
The law governing divorce courts as such contains no statutory
ban on equal parenting or shared care after parental separation
or divorce. The only area of UK legislation that fails to
recognise equal or shared parenting is the law pertaining
to Social Security.
Social security law is stuck in a time warp, its parenting
model is not based on the equal parenting demands of the 21st
century. When equal parenting or shared care is ordered by
the courts on the grounds of welfare needs of the child, or
when parents agree to share the care of children, the law
relating to Social Security law states: "Only one parent
can be treated as responsible for a child". (see also
Times Law Report, May 17th , 2001).
The result is that fathers in equal parenting
or shared care arrangements have no access to child-related
welfare benefit payments in times of need. It's no big deal
if you don't need them, but disastrous if you do. Also it
is blatantly discriminatory, and harms children.
The Court of Appeal normally sits at the Royal Courts of Justice
in London. It deals with appeals in civil cases from the High
Court, tribunals, and in certain cases, county courts.
If you are unhappy about the decision made by the Judge in
your case, you may be able to appeal against the decision
to a Judge in a higher court. There must be proper grounds
for making an appeal and there are strict time limits within
which to do so. It should be explained at this point that
it is not possible for Court Service staff or other Government
officials to review a judgment made by the courts. This is
because the judiciary are entirely independent and must be
free to decide the outcome of cases without fear of interference
from Government or its administration.
Appeals against the outcome of a hearing in a county court
or a High Court, are mostly dealt with by the Civil Division
of the Court of Appeal. The Court of Appeal is based in the
Royal Courts of Justice, at the Strand in London. For further
information about the Court of Appeal, you can contact the
Civil Division on 020 7947 6409. However, while staff at the
Court of Appeal will be happy to offer procedural guidance
they are not permitted or trained to give legal advice or
discuss whether you can or should appeal. For legal assistance
a solicitor should be contacted. Alternatively, you may prefer
to contact a Citizen's Advice Bureau or other advice agency,
where advise is generally provided free of charge.
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The UK Government is defending its discriminatory, sexist
and racist treatment
of fathers who are engaged in co-parenting after parental
separation or divorce
"I readily appreciate the argument that in today’s
climate shared parenting is an ideal, and that both parents
participating in the child's upbringing is the best for the
child." ... so said LORD JUSTICE WARD in the Court of
Appeal, 29 Feb 2000
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Background info:
www.fathercare.org/discrim.htm
www.fathercare.org
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