In this series of blogs, I will discuss a debilitating condition that many Americans eventually face as they age: dementia.
This is the first of three blogs (today, Monday and Tuesday) on this important topic. I hope you find it helpful.
First, we will describe what dementia is and what it isn't. Then we will turn our focus to its costs to the individual, the family and our nation. As an Elder Law attorney, I am specially situated to help find solutions to many of the problems this condition brings with it. While we can't stop dementia, we can help protect those in its clutches while the medical world continues to seek prevention, treatment and reversal of the condition.
Part II (tomorrow) will discuss the costs of dementia to individuals and their loved ones.
The federal government has introduced a major new initiative to combat rising abuse and exploitation of the elderly — the "Elder Justice Roadmap," a comprehensive framework for neutralizing financial, psychological and physical risks to older Americans.
Elder abuse impacts about five million Americans each year. This crime, which can include physical, sexual, and psychological abuse, neglect, abandonment, and financial exploitation, will result in thousands of cases of illness, injury and suffering for these elderly victims, their loved ones and their caregivers. It is tragic that so few cases are reported to the authorities. According to some statistics, only about one in 24 is reported. With baby boomers retiring and this widespread impact of elder abuse, the Elder Justice Roadmap Project was initiated to collect the thoughts of experts and stakeholders from across the nation. Their aim was to develop a strategic resource to fight elder abuse, neglect and financial exploitation. The project's report identifies and prioritizes actions that direct service providers, educators, and researchers can take to benefit older adults in this situation. And as its name implies, it provides a roadmap for strategic investment and engagement by policymakers in both the public and private sectors to advance these efforts to prevent and combat elder abuse.
1. Awareness: Increasing public awareness of elder abuse, which requires a holistic, well-coordinated response in services, education, policy, and research.
2. Brain health: Conducting research and sharpening the focus on cognitive (in)capacity and mental health, which are critical factors both for victims and perpetrators.
3. Caregiving: Providing better support and training for the tens of millions of paid and unpaid caregivers who are vitally important in preventing elder abuse.
4. Economics: Quantifying the costs of elder abuse, often a huge fiscal cost to victims, families and society.
5. Resources: Strategically investing more resources in services, education, research, and expanding knowledge to reduce elder abuse.
The Elder Justice Roadmap Project strives to simplify a complex set of decisions that magnify in importance over time. Resources are available for families to plot their place on the Roadmap to find missed, current, and upcoming actions they should take. For more assistance, contact your elder law attorney. He or she will help you advocate for the health, care, and well-being of yourself or your loved one.
Reference: Elder Justice Roadmap Project Report, "Elder Justice Roadmap Project Executive Summary"
If you don't have a will, you're probably thinking, "my situation is pretty straight forward." So how basic does your situation have to be in order to not need a will? If you truly have no heirs and no worldly possessions, then you get a pass – but otherwise, you should probably have one.
A recent Forbes article titled "Do I Really Need a Will?" recommends that you should have a will to at least designate an executor or executrix to administer your estate. This individual will be responsible for taking care of your affairs after you pass away. Without a will, the probate court will appoint an administrator—this could end up being almost anyone. Anyone with a decent reason has the ability to petition the court to be appointed—like your cousin Reggie (who you last saw at your fourth birthday party) or your Uncle Ted (who is always dressed like it is 40 below, even in July).
Why even tempt Reggie and Uncle Ted? Name the person you want in your will. The executor or court-appointed administrator will identify and gather your estate assets, pay off any outstanding debts or taxes owed by you, and distribute the remaining assets to those designated as beneficiaries.
If you do not have a will when you pass away, the probate court in your state of residence will decide who gets the assets in your estate through its intestacy laws. Typically the assets generally pass to the immediate family first (spouse, children or parents). However, if you are single with no children or surviving parents, the state will distribute your assets to your remaining relatives. For example, this list ordinarily includes siblings and their children; then any grandparents, aunts, uncles and their children and grandchildren. If you have none of the above, then your estate may pass ("escheat") to your State or Commonwealth. So you see that Reggie and Uncle Ted still could get in there for some of your money, if you fail to draft a will with your estate planning attorney.
Reference: Forbes (August 19, 2014) "Do I Really Need a Will?"
Many individuals have substantial IRAs, yet they have no need to tap the account for retirement income. Generally, they'll take only required minimum distributions (RMDs) after age 70-1/2, to reduce the tax bill on unneeded income. This approach may result in a sizable traditional IRA being passed down to the next generation, who also must take RMDs. The income from the inherited RMDs would be added to their children's other income, and might be taxed heavily.
A recent article in Financial Planning, titled "Estate Planning: Smart Roth Conversion Trick," explains that some individuals choose to have partial Roth IRA conversions so they remain in their current income tax bracket and decrease other taxes and charges. Along with a Medicare surtax and deduction phase-outs, Medicare Part B premiums are also part of the mix.
Medicare enrollees typically pay about $105 monthly for Medicare Part B. This covers doctor bills and some other medical expenses. However, seniors who have a modified adjusted gross income (MAGI) above $85,000 (or $170,000 on joint returns) will pay anywhere from roughly $145 to $335 a month for that same coverage. This is because Roth IRA conversions increase an individual's MAGI. The original article advises those in this situation to take an annual series of partial conversions now to thereby limit future taxes, as well as "stealth" taxes like extra Part B premiums.
A partial Roth IRA conversion reduces an individual's traditional IRA, taxable RMDs, and the taxable account ultimately passing on to beneficiaries. The key is to plan to pay the income tax now—at a relatively low rate—instead of later at a potentially higher rate. Accordingly, it might be wise to start looking at this well before you are even thinking about RMDs.
This might sound a little confusing, and it can be. You should discuss your IRA situation and how it affects your retirement and estate planning with an experienced estate planning and elder law attorney.
Reference: Financial Planning (August 19, 2014) "Estate Planning: Smart Roth Conversion Trick"
Jonathan Paul Manziel got paid. The most talked-about quarterback in college football since Tim Tebow recently signed a four-year contract with the Cleveland Browns. According to an official press release by the National Football Association, insiders believe that the rookie from Texas A&M will earn $8.3 on his first NFL contract. Just a few weeks before becoming a millionaire, however, Manziel was named as a defendant in a bizarre federal lawsuit that could have been avoided with the right planning.
The case was filed by a federal inmate known to file baseless civil actions using the names of people in the news and entertainment industries. Here he used the name of a CNN reporter. The claim said that Manziel had sexually harassed the plaintiff by posting inappropriate pictures on Instagram.
The Cleveland Browns flamboyant rookie quarterback has been making news, much of the time for his off-the-field behavior, and for being sued in some crazy suits. In addition, tabloid reporters follow Manziel from nightclubs to casinos to pool parties. A recent insurancenews.netarticle titled "Heisman Trophy Winner and NFL Rookie Quarterback Needs an Estate Planning Playbook Opines?" explains that he appears "to enjoy football, beautiful women, nightlife, and money, and not necessarily in that order." This could be a problem. The way Johnny Football is running around Vegas and spending his money—as well as defending all of the goofy lawsuits—it is possible he could have money problems down the road.
The original article also reports that 78% of NFL players experience some form of financial hardship, even though they earn millions of dollars every year. Worse yet, many of these players will one day file for bankruptcy.
When you have an $8 million payday, it is not surprising that you gain numerous friends. These people will be looking for their own paydays. The best play Johnny can call, even if he does ride the bench for a while, is to speak to an estate planning attorney now so that he can begin to game plan his asset protection right away. One "player" in this type of strategy is an irrevocable trust. This will give him outstanding pocket protection against blitzing sham plaintiffs, gold diggers, hangers-on, and other unsavory linebacker-types who are looking to sack him and get his money.
If Johnny places his NFL income into an irrevocable trust, he would in effect be blocking access to his money from others. When the assets are in an irrevocable trust, they do not belong to Johnny—they belong to the trust, and the trustee is in charge of the books. An irrevocable trust would allow him to be paid out of the trust so that he can maintain the lifestyle to which he has so quickly become accustomed: pool parties, blackjack, and pompom girls. An irrevocable trust would keep him in check so that he is not scrambling for cash when he is 40.
Note: Irrevocable trusts can be extremely complex, especially when asset protection is the goal. Be sure you work with an estate planning attorney with considerable experience both with irrevocable trusts and asset protection planning.
Reference: insurancenews.net (August 14, 2014) "Heisman Trophy Winner and NFL Rookie Quarterback Needs an Estate Planning Playbook Opines?"


Riott Squad was split at the WWE Superstar Shake-Up this week, and all three members of the group have now commented on the different ways to go. As we saw last night, Liv Morgan remains SmackDown Live, Logan and Riott remain RAW.
Relevance: WWE Superstar Shake-Up Results | Which star changed the brand?
Early in the morning Ruby Riott and Sarah Logan also shared their memories of staying together in WWE.
Ruby Oriol:@yaonlylivvonce and @ Sarahloganwwe, Two women who really changed my life better. Over the past year and a half, we have tried to show the world exactly how strong and unconcerned our bonds are. But I do not even think we scratched the surface.
On 11-21-17 I mated with two of the most talented and unbelievable women I have ever met. Every day I learned something from them inside and outside the ring. They inspired me to live a better life as a person and as an actor.
Sarawak: 11-21-17. The day my life changed forever. Our lives have changed forever. We shared the greatest moments of our wrestling career and the greatest moments of our lives. I will be looking for you each time I enter. Every time I drink coffee at a catering, every time I'm two I will be looking for my team whenever I need someone to laugh at my amazing jokes.
We have changed the world of wrestling too much and we will continue to do so.
@rubyriottwwe … I love you.
And I will see you again. Because we all will surely happen.


text:
Q: UITableView and Core Data tutorials I am a beginner at iOS development and I wanted to know if you knew any good tutorials for UITableView and Core Data where you can add your own info more likely to an address book...
Well let me know, thanks.

A: I found the Stanford iOS series of tutorials excellent, and there are episodes for UITableView and Core Data.
http://itunes.apple.com/itunes-u/ipad-iphone-application-development/id473757255
Lectures 10, 11 and 12 would probably be especially helpful to you.

redpajama_set_name: RedPajamaStackExchange


text:
Operations in Afghanistan
Captain Mark Hale, Lance Bombardier Matthew Hatton and Rifleman Daniel Wild killed in Afghanistan
With deep regret the Ministry of Defence must confirm that Captain Mark Hale and Rifleman Daniel Wild of 2nd Battalion The Rifles and Lance Bombardier Matthew Hatton of 40th Regiment Royal Artillery (The Lowland Gunners) were killed in Afghanistan on Thursday 13 August 2009.
Field of operation:
All three died following an explosion while on patrol near Sangin in Helmand province.
Captain Mark Hale, Lance Bombardier Matthew Hatton and Rifleman Daniel Wild (All rights reserved.)
Captain Mark Hale
Captain Mark Hale was born on 9 April 1967 in Bournemouth. He joined the Army in 1983, aged 16, as a Junior Leader and embarked on an exceptional career with the Devonshire and Dorset Regiment that took him on operations to Northern Ireland, Bosnia, Iraq and then, with 2nd Battalion The Rifles (2 RIFLES), to Afghanistan.
Captain Mark Hale, 2nd Battalion The Rifles (All rights reserved.)
One of the outstanding soldiers of his generation, he found his calling in the Reconnaissance Platoon, where he spent much of his career.
He was promoted to Company Serjeant Major in London on ceremonial duties and then had a brief spell as Regimental Serjeant Major.
Selected for a commission, he managed the careers of almost 1,000 soldiers in 1st Battalion The Rifles as four regiments merged to form The Rifles in 2007.
He then moved to 2 RIFLES as the Motor Transport Officer and then became the Battle Group Logistics Officer for operations in Afghanistan this summer.
Capt Hale was fiercely fit; he loved cycling, rowing and rugby. He was a genuine thinker, had studied at the Open University for a degree and then took a Masters in Psychology.
He was a devoted husband, adored by his wife Brenda, and a loving and exceptional father to his two daughters. He died in hospital at Camp Bastion on 13 August 2009 after being caught in an IED (improvised explosive device) blast helping an injured soldier to safety whilst on patrol near Sangin.
Lieutenant Colonel Rob Thomson, Commanding Officer, 2 RIFLES Battle Group, said:
It is almost impossible to know where to start when writing a tribute to a man as brave, huge and full-on as Mark Hale. He oozed quality, humanity and had a tremendous and mischievous sense of fun, which frequently lightened the load of this extraordinary tour.
He was 'undentable' and we in 2 RIFLES have invented this new word in honour of Mark. Nothing fazed him, however demanding the situation, and his ability to absorb work, pressure and other people's worries was genuinely legendary. That is what 'undentable' now means.
As the Battle Group's Logistics Officer, Mark has been supreme on this complex, intense and dangerous tour. He sorted out big issues easily and with no fuss, and he dealt with a host of annoying, CO [Commanding Officer] type questions of detail with enviable patience.
I knew when a task had his name ascribed to it that that task was as good as done already. I kept giving him more work and he kept on delivering. He has been superb counsel to me and, much more importantly, to countless Riflemen who have hunted him out for a chat.
On the ground he breathed courage into the platoons he served alongside. Mark was an outstanding Rifleman - fiercely intelligent, always creating novel options, often well outside his logistic lane, and committed like no other.
It is entirely typical of this man that he died whilst helping to evacuate wounded soldiers. Mark understood the importance and the urgency of the work in this place in spades - one could see that from the amount he crammed into each day.
But he was more than just an extraordinary professional, he was a truly great man, a devoted husband and an adored father. He had a strong Christian faith, even standing in as the padre for one of our church services here in Sangin.
Mark wasn't a fifth gear man, he was a sixth gear merchant. Us mortals could rarely keep up. When we rowed on ergo machines from Sangin to Pegasus Bridge in April, May and June to raise money for wounded soldiers, he led the way; on one inhuman session he rowed 42,000 metres. To him, it was just another challenge but it gives you a feel for the mark of the man.
The hole he has left in our lives is enormous but we know that our grief is nothing compared to what his dear, beloved family is going through.
But this should be some comfort. Mark Hale, a man of true Christian faith, died doing a job he loved and was embarked on a mission that has national levels of importance and urgency. Our hearts go out to his family - we are holding them very close in our prayers.
Mark, I promise you that your baton here has not been dropped - it is held high.
Lieutenant Colonel Rupert Jones, Commanding Officer, 4th Battalion The Rifles (a former Reconnaissance Platoon Commander with Captain Hale), said:
Mark was a legend - a giant of a man in every sense of the word. Honourable, intelligent, utterly professional and loyal. He has touched the lives of so many people over his 20 plus years' service and there will be so very many people in the West Country and way beyond who will be absolutely devastated that a man of such stature has fallen.
He had that air of self-confidence, born of quality, which the very finest soldiers have. You always felt that he was challenging you. However, he was most certainly not arrogant. Hard to his core, he was immensely fit, strong and competitive, not least on the rugby field where his gentle manner was discarded.
Frankly, he terrified junior officers in his younger days by his presence - God only knows what young Privates made of him. I had the honour to command him in the Recce Platoon in Bosnia in 1995, during what was a highly dynamic tour - he was immense.
It was the most star-studded platoon I have ever come across, but Mark was a towering presence. Always challenging to make sure that things were absolutely right, he was a complete rock when the chips were down.
However, it is his wonderfully warm character that I will remember most, always a big smile on his face, he seemed to almost envelop you with his character and presence - he genuinely had an aura about him. It seems inconceivable that he has gone.
Major Darren Denning, Chief of Staff, 2 RIFLES Battle Group, said:
'I don't have worries and I don't believe in crises', that was the Mark Hale approach. He was better read, better informed, more articulate and more astute than all of us. Easy, common-sense solutions to difficult problems were his trademark and he saved us all hours of fruitless labour by being so sharp.
He knew just how far to push it and would only ever overstep the mark knowingly and armed with an instantly forgivable grin. Mark was so well-tuned, always read the mood and was genuinely witty. He could be ever so slightly sarcastic - unless he meant it and then he did sarcasm really, really well.
What I will miss most is his presence. This is said of many, but Mark Hale did fill a room and proved that you didn't have to be noisy to do so. He cared for his people and such was the respect in which he was held that formality was never needed in his command. Mark was a universally popular and well-loved Rifleman - full stop.
I, and countless others, sought his opinion on almost everything. His sage advice was always on the money and we loved the way he put his arms around those having a harder time of it. Some people show an interest to be seen to do so, Mark just cared. Such good companionship is so hard to find and, in a difficult place, in difficult times, he was an anchor point to many. The desk he hated with a passion is now empty in front of us and there is an enormous void in the Battle Group. This really hurts, but is of no comparison with the grief Mark's beloved family will feel. Mark loved them deeply and they were always at the forefront of his mind. They are now held close in our collective thoughts and prayers.
Major Mark Owen, Quartermaster, 2 RIFLES Battle Group, said:
Mark was a giant man with a giant personality, his sharp sense of humour was a real joy to be around. He had that magic touch of adding calm and a sense of perspective whilst all around would be losing their head. I recall in Iraq when he decided that it wasn't necessary to wash his hair, 'it would clean itself'. Of course he was right, but the first few weeks were smelly while his hair developed its self-cleaning properties. Once I tried to match him on a bike, he was 14 hours into a 24-hour marathon; I was wrong to try, as ever he proved too strong. I miss him as will countless others. My thoughts and prayers at this unimaginably painful time are with Brenda and his two daughters.
Major Karl Hickman, Officer Commanding, A Company, 2 RIFLES Battle Group, said:
Mark Hale was the type of guy that you would always want next to you on patrol. Big in stature, both physically and in terms of personality, he was utterly unflappable and always dismissed any pressure or difficulty with his easy sense of humour and calming presence. He was also always there when you needed him, putting others first and ensuring the success of the mission. Mark was one of the great men of the battalion and it was a tremendous privilege to have served with him.
Major Marc Briggs, Officer Commanding, Headquarter Company, 2 RIFLES Battle Group, said:
Physical strength, compassion and a wicked sense of humour, Mark was one of the great men of the battalion. He would never slow, whether training in the gym at midnight, as that was the only time left in the day, or taking every opportunity to support the Riflemen on patrol despite having a demanding job in the HQ.
Mark died as a Rifleman on patrol in the most demanding of operational environments. He leaves a large hole with me and in the battalion. It is an absolute pleasure to have known him.
Major Will Strickland, Deputy Chief of Staff, 19 Light Brigade, said:
Over the last year we spent most Thursday nights and Sunday afternoons rowing together on the Lagan. Other than us, we had a particularly Irish and civvie boat, to which he always provided much needed calm and understated control.
He was outstandingly fit, and was certainly the powerhouse of our boat. His humour, selflessness, and his obvious close orientation to family life - his girls rowed at the Belfast Boat Club as well - endeared him to the whole club.
The largely Irish team were and are very protective of both of us, and have been constantly emailing whilst we have been away. We were both looking forward to returning to compete, and he had been constantly training in Sangin in preparation.
I will personally think of him every time I go out on the water, as I am sure the rest of the boat will. There will equally be a real sense of loss when I look at the desk he was meant to fill in the Brigade Headquarters for the next two years.
Captain Rupert Streatfeild, Operations Officer, 2 RIFLES Battle Group, said:
Mark was the heart of 2 RIFLES, a giant of a man, both physically and in character. His calm appearance contrasted with a fierce determination to support all he knew; whether it be his family, fellow Riflemen or even team-mates on a rugby pitch.
As a father he was deeply proud of his daughters, as a soldier he was deeply paternal towards his men. His strong and caring nature came from his close faith and relationship with God.
Having prayed together, he shared both the joys and frustrations of life out here. He wouldn't ask anyone to do a task he wasn't willing to do himself, a fact widely acknowledged by all who knew him and, as such, sought to live out the example of Christ. A legend of a man who will be sorely missed by all.
Lieutenant Hannah Keenan, Adjutant General's Corps, Detachment Commander, 2 RIFLES Battle Group, said:
Mark was a father figure to the whole Battle Group, he cared deeply for everyone here and always provided morale whatever the situation. He died doing the job he loved; for no-one else does the phrase 'Soldier First' fit better. He was out to understand exactly what the guys on the ground were going through, so he could empathise as well as sympathise.
A huge void has been left, but we will make him proud and get on with the task at hand, exactly as he would have done. Our thoughts and prayers go out to his beloved wife Brenda and his daughters who have lost a truly special man.
Lance Bombardier Matthew Hatton
Lance Bombardier Matthew Hatton was killed in action on Thursday 13 August 2009 when he was caught in an improvised explosive device blast whilst on foot patrol as part of Op GHARTSE KERS 4, providing security for a pre-election shura in the Sangin area of Helmand province.
Lance Bombardier Matthew Hatton, 40th Regiment Royal Artillery (The Lowland Gunners) (All rights reserved.)
He had suffered injury in an initial blast whilst trying to clear an extraction route to the helicopter landing site and was then caught in a second blast in which he was fatally wounded.
Lance Bombardier Hatton was born on 15 June 1986 and was from Haxby in North Yorkshire. He joined 40th Regiment Royal Artillery (The Lowland Gunners) on 21 January 2004 after completion of his basic training at the Army Foundation College (AFC) Harrogate and phase 2 training at Larkhill, Wiltshire.
After an initial tour in 49 (Inkerman) Headquarters Battery, he was posted to 6/36 (Arcot 1751) Battery, immediately establishing himself as a highly popular character within a very close-knit Tactical Group. Having previously completed operational tours in Iraq and Cyprus, he completed pre-deployment training for Afghanistan and subsequently deployed with the 2 RIFLES Battle Group in March 2009 as an Observation Post Assistant, initially to the Kajaki area of operations and subsequently south, to Sangin, where he was bolstering the in-place Fire Support Team (FST) when he was tragically killed.
The role of an Observation Post Assistant is a demanding one and requires a special breed of soldier. The job requires initiative, foresight, composure under extreme pressure, clarity of thought, physical and mental robustness, and tactical awareness.
Lance Bombardier Hatton epitomised these qualities and possessed an enthusiasm for his work which was clear for all to see. He was often to be found in his room at night reading his operational procedures cribs in order to better understand the technical aspects of his profession, much to the amusement of his friends in the battery, or in the gym working hard on his fitness in order to ensure that he would be ready in all respects when the time came.
He had begun his career in 40th Regiment Royal Artillery as a Battlefield Meteorological System Operator responsible for providing the meteorological data that a Light Gun requires in order to fire accurately.
However, it was indicative of his character and desire to be at the forefront of the action that he sought a posting to a Fire Support Team. He was a man who thrived on being at the forefront of everything that his battery and regiment were involved in and it was in this spirit that he deployed to Kajaki with his FST and his comrades from the 2 RIFLES Battle Group.
In perhaps the most austere and kinetic corner of Helmand province, his orchestration of Joint Fires was truly exceptional. On his return from Helmand province, it was his wish to attempt the arduous patrols course and become a member of 4/73 Battery Royal Artillery; further testament to the sheer enjoyment and satisfaction he derived from soldiering, and soldiering well.
A young man with a winning smile and a heart of gold, Lance Bombardier Matthew Hatton was one of the best of us. The distress of the regiment is second only to that of his mother, Jill, father, Philip, sisters, Vicky and Becky, and his girlfriend, Tasha Chehab. Our thoughts are with them.
Lance Bombardier Hatton's family said:
Matt always wanted to be a soldier from being very young. He passionately enjoyed his job and often talked fondly about his colleagues and friends.
He was very brave and a credit to both us and the Army. We are really proud of him as our son, as a brother and as a soldier. Matt loved all his family dearly. He was full of fun, mischief and always brought happiness to our days. With a huge heart he touched many lives and will be missed by everyone and remembered forever.
Lieutenant Colonel Owen Adams, Commanding Officer of 40th Regiment Royal Artillery, said:
Lance Bombardier Matthew Hatton was a man who had found his niche in life. He revelled in the bond that is commonplace amongst soldiers who serve in small teams across the Army and he lived to excel in his chosen profession.
Being a member of an FST on operations is a privileged and important role at the very heart of the Company Group. The bonds of camaraderie formed between a company and its FST are forged through the blood and sweat of endeavour, in pursuit of a common purpose.
It is a special bond that only soldiers truly understand; Lance Bombardier Matthew Hatton understood it and thrived on it, as did his resolute comrades in 2 RIFLES, and I know they will mourn his loss with their own.
Lance Bombardier Hatton was one of those characters who stood out in a crowd. I was always most struck by his engaging style, cheerfulness and sense of pride. I enjoyed his company on the times we chatted in barracks or out in the field. He was no shrinking violet and would always engage in conversation with his superiors, peers and subordinates alike; a positive and inspiring young man who I can honestly say was a genuine pleasure to know.
Lance Bombardier Hatton was one of an enviably effervescent bunch of Gunners who have made a mark in all corners of the 2 RIFLES Battle Group. I got to know Lance Bombardier Hatton because we always seemed to be on the same helicopter.
He made an immediate impression - physically striking, he sat and chatted with real insight about his fight at Kajaki and what he hoped to bring to Sangin. He was a master of his art and has dug my Riflemen out of some very hairy moments and I am hugely grateful. He has saved lives, undoubtedly so.
I have been struck as I have walked round my Battle Group today by how proud people are to have known 'Hatts' and I count myself firmly in that number of very privileged men and women.
He will be sorely missed by us all but we will pause in our FOB [Forward Operating Base] to recall a man who lived to the full, brimmed with passion for his job, and touched the lives of many here in the Upper Sangin Valley. There is much to celebrate in his life, cut so tragically short.
Our prayers and thoughts must now be with his beloved family and we pray that somehow they will find the courage and the strength to face this unimaginably awful time.
Major Joe Power, Commander 6/36 Battery, 40th Regiment Royal Artillery, said:
In the short time I knew Lance Bombardier Hatton he made a remarkable impression on me. It is a great testament to his character that he so readily volunteered to join the A Company Fire Support Team in Sangin, having spent a considerable period engaged in combat operations in Kajaki beforehand.
Full of beans and with huge reserves of energy, he threw himself into his new role as the 'Ack' [Second-in-Command], and quickly made his mark in an already highly competent team. His arrival added impetus and fresh ideas and he just couldn't wait to use his considerable talents to make a difference here in Sangin.
He remarked to me just days before his untimely death that soldiering in Sangin was precisely what he joined the Army to do. He was supremely comfortable with his duties as an 'Ack' and a great soldier too. He had an amazing future ahead of him and the battery has lost one of its rising stars.
Enormously popular and unfailingly cheerful, even when faced with adversity, his mischievous smile and sense of fun will be sorely missed. He was the epitome of a Fire Support Team soldier and died doing what he loved.
Our thoughts and prayers are with his family, friends and loved ones at this most difficult of times.
Lance Bombardier Matthew Hatton was a man who had found his niche in life. He revelled in the bond that is commonplace amongst soldiers who serve in small teams across the Army and he lived to excel in his chosen profession. Lieutenant Colonel Owen Adams, Commanding Officer of 40th Regiment Royal Artillery
Major Matt Rimmer, former Commander 6/36 Battery, said:
Lance Bombardier Hatton was one of my rising stars, a real talent for the future. 'Hatts', as we rather predictably called him, was an ox of a man, with shoulders that bore weight and responsibility with equal ease.
He was thriving on operations in northern Helmand, relishing his role in a Fire Support Team and flourishing in a hugely challenging environment. He had been part of a very close-knit team supporting 2 RIFLES Battle Group and clearly loved the experience.
Fitter, stronger and more assured than I have ever known him, he used his technical skill on a daily basis to take the fight to the insurgents. He loved being a soldier, loved being in the mix with his mates and was growing in maturity and confidence before one's eyes.
Despite an inability to resist spending vast amounts of cash on unnecessary military kit, Hatts was a remarkably level-headed and measured man. Calm, poised and ready to chat, he had an enviable ability to make friends readily - he was the sort of guy who would always make the extra effort to include someone new. He was a gallant and kind man - a genuinely decent bloke.
Hatts had real intelligence and courage, as his questions and his actions demonstrated. Never afraid to volunteer, he was a front-foot soldier with a positive attitude and a positive influence on those around him. While his friends and family will be suffering hugely at the moment, they should rest assured that he was a man in his element, doing what he loved, doing it superbly and making a difference.
Captain Colin Oliver, Acting Officer Commanding, I Company, 2 RIFLES, said:
Lance Bombardier Hatton spent most of his tour at Kajaki, where he was a proud member of a close Fire Support Team that helped I Company, 2 RIFLES, protect the Kajaki dam. A unique part of Helmand, the FST were in constant use and 'Hatts' was an important part of a team who used Joint Fires on an almost daily basis.
Fit, strong and with a larger than life character, he was well known throughout the FOB, and was a popular individual amongst the Riflemen of I Company. He dealt with the news of his move to Sangin with maturity and enthusiasm for a new challenge. A mark of the man was that he spent his last few days in Kajaki cramming up on his skills and drills, so that he could do the best possible job as an 'Ack' in Sangin.
He will be greatly missed, both by his very close-knit FST and by those Riflemen with whom he served in Kajaki. Our thoughts are with his family and friends at this difficult time, of whom he talked about so often.
Sergeant Lee Wotherspoon, Team Commander, said:
I first met Lance Bombardier Hatton as a fresh-faced sixteen-year-old when I was his Section Commander at AFC Harrogate. Straight away I was struck by his boundless energy and willingness to learn and try new experiences.
This never changed throughout his career and he always threw himself into every situation with an enthusiasm that was an inspiration to the younger members of the team. As a colleague and a friend he was always a joy to be around with his ready wit and all too ready smile. He was, to the end, a constant professional; he was never happier than when he was doing his job, in which he took great pride.
Hatts, you were a joy to be around and inspired all who knew you. It saddens me that you are gone and the world will be a much duller place without you in it. Our thoughts go out to your family at this most difficult of times. You were one of the best and will never be replaced.
Sergeant Mike Oldfield, of the Joint Terrorism Analysis Centre in Kajaki, said:
Lance Bombardier Matthew Hatton was an excellent Junior Non-Commissioned Officer. He was an immensely strong soldier and could tab along for hours on end in the heat without moaning. His input to our team in daily FOB life will be missed immensely. Although his bread-baking skills left a lot to be desired he would always try again the next day which just summed up his character.
He was a man who wouldn't give up on something once he'd set his mind to do it; a great soldier and a great bloke. May you now rest in peace.
Bombardier Simon Chambers, FST 'Ack' in Wishtan, said:
It has only been a couple of years since 'Hatts' joined our Tactical Group, bringing with him huge amounts of enthusiasm and surplus amounts of kit. He spent the majority of his pay on 'ally-ness' when on occasion he didn't even know what it was for! It may even be true that he had more kit than the BQMS [Battery Quartermaster Sergeant].
Hatts, your keenness, love of the FST and the regiment will be greatly missed; it saddens us to know that you will not be around to brighten our lives. Our thoughts and prayers go out to your family and friends at this time.
Bombardier Ryan Brown, FST 'Ack' in Kajaki, said:
Matthew, or 'Hatts' as he was known to many, was as keen as they come. I grew to know Hatts on a personal and professional level as we have always seemed to end up on the same courses ever since I joined the regiment. He always wanted to be in a Fire Support Team and, sure enough, he transferred batteries and ended up a member of 6/36 (Arcot 1751) Battery RA.
Having completed our Observation Post Assistant Level 3 course together we found out we would be 'Going to War' (as we called it) together as 'Witchcraft 23'. Hatts was a vital member of the team and although I was the 'Ack' he was the 'Ack's Ack', a joke we had amongst us. Having served five months with us in Kajaki he was in his element fighting the fight and getting to show his skills as the team's 'Ray Mears'.
When he got the chance to go to Sangin, he grinned like a Cheshire Cat! That will be the lasting memory I will always have of him, as he got on that flight to go down river and do what he was itching to do. I know he had a huge impact once he arrived and he told me he was having the time of his life.
Hatts - you will be missed but never forgotten. Our thoughts are with the Hatton family circle at this difficult time.
Gunner Lee Davies, Kajaki FST, said:
'Come to me, all you who are weary and burdened and I will give you rest', Matthew 11:28.
Lance Bombardier Hatton was a true soldier and very close friend. I knew Hatts for two years and it was the second year when we really got close, when we were in the same FST. These past five months will always stick with me, especially all the good laughs Matthew and I had.
To all the Hatton family and friends, my heart goes out to you all. You will never be forgotten Big Man.
Gunner Toby Allen, Kajaki FST, said:
Hatts was such a great guy for the time I knew him. He lived for the Army; he always wanted to get into the action and do a bit of the fighting. Since being on tour and exercise with Hatts, he has taught me so much and made the Army better for me.
I will never forget you Hatts; you were such a good friend and an awesome soldier. May you sleep in peace.
Lance Bombardier John Cottle said:
"Matthew's true qualities shone through from the moment I met him. He was a quiet but confident soldier who loved his job. He had a heart of gold and would always be willing to help others. He was a dedicated family man who was always at the forefront of any practical jokes played on his fellow colleagues. Matthew will be missed by all. My thoughts and prayers are with his family and many friends at this difficult time."
Rifleman Daniel Wild
Rifleman Daniel Wild of 2nd Battalion The Rifles was killed near Forward Operating Base Jackson in Sangin, Afghanistan, on Thursday 13 August 2009.
Rifleman Daniel Wild, 2nd Battalion The Rifles (All rights reserved.)
Rifleman Wild was born on 18 July 1990 in Easington. He joined the Army in 2007, conducting his phase one training at Army Training Regiment Bassingbourn and completing his phase 2 training at the Infantry Training Centre, Catterick.
He joined 2nd Battalion The Rifles in May 2008. Too young to deploy to Kosovo last summer, he seized the opportunity to deploy on exercise to Canada with 5th Battalion The Rifles instead. He excelled there despite his apparent lack of experience, receiving outstanding reports from all he worked with.
On his return to 2 RIFLES he threw himself wholeheartedly into pre-deployment training, determined to excel when he finally got his chance on operations. He passed many courses with distinction including the Team Medic cadre, qualifying him to administer life-saving first aid whilst patrolling in Helmand.
He was an exceptional shot, both with the rifle and machine gun. He died in an IED explosion on 13 August 2009 whilst helping another soldier to safety in Sangin. Rifleman Wild leaves behind his loving mother, his sister, Megan, and his brothers, Dale and Christopher.
Rifleman Wild's family said:
Rifleman Daniel Christopher Wild, beloved son of mum Laura Laws, stepfather Alan Simmons, brother to Megan, Dale and Christopher, and boyfriend of Kirsty, will always be dearly missed but always in our hearts and minds. The best son, brother and boyfriend ever. xxx
"Rifleman Wild was an epic Rifleman who has been right at the very front of our fight here in Sangin. He has been fearless and his platoon adored him for it. He was smaller than most (smaller than everyone, if I am being honest) and, when laden, appeared to disappear under the extraordinary burden the boys all carry here.
But Rifleman Wild carried his load lightly and was in no sense a 'small man'. In a land of metaphorical giants here in Sangin, he was as tall as any of them, perhaps more so.
He was always the lead man in his patrol; he got on with facing that risk every day without any complaint. He was selfless to a fault, everyone else, whatever their rank, came first and his nature was to hunt out the funny side of life.
He has saved life here because, as point man, he was always on the look out for IEDs and it is tragic but typical that he died helping to carry a wounded friend to a helicopter landing site for evacuation. He had so much to offer - his next target was to be a PT [physical training] buster in my gym and he had the lungs and legs for it. Few could keep up with him.
Rifleman Wild will be sorely, sorely missed but we will never forget his sacrifice. He has given his life for his comrades, for our nation and for the people of Afghanistan. And we will celebrate the richness of his life.
Our first prayers and thoughts must now be with his adored family and friends. We pray that somehow they can find strength in this desperately awful time.
I knew that Rifleman Daniel Wild was going to be a tough and resourceful soldier the moment he joined the company. It was probably the fact that he wore jungle boots for tabbing when everyone else wore cushioned walking boots.
Small, wiry and tremendously fit, he was a man who you knew would never quit and someone that you could always rely on. Calm, professional and always with a wry smile, Rifleman Wild had been phenomenally successful as both a Rifleman and as the point man responsible for clearing the route along which his platoon would follow.
Yet he also had the spare capacity to always be there to help others, whatever the situation. He was one of the rocks of his platoon, and the company has lost one of its most promising Riflemen. It was truly a privilege to have served with him.
Lieutenant Will Hignett, 1 Platoon Commander, said:
Rifleman Daniel 'Wildy' Wild was the absolute epitome of a tough and professional Rifleman. He was utterly dependable and truly loyal to the platoon, his comrades and his friends.
He brought a sense of calm to those around him and, as the point man, clearing the route for others to follow, he was second-to-none. He unfailingly instilled confidence in those around him with his exceptional skill and capability, carrying out an incredibly demanding role with the platoon.
His actions throughout our time in Afghanistan, without a shadow of doubt, saved numerous lives and allowed the successful completion of all the operations and patrols we undertook. Humorous and cheerful to the very end, he was always the first to pull out his team medic pack and help those around him or be the first to put on his kit and step out the gate after a particularly trying time.
As his Commander he gave me everything I could have asked of him and invariably more. He was a very talented and brave young man with an amazing career ahead of him. He had high aspirations to become a PTI [Physical Training Instructor] on our return to Northern Ireland and I am sure he would have achieved that desire with ease.
The platoon is a much quieter and less colourful place since his loss; he leaves big shoes to fill and his fellow Riflemen are determined to carry on with the mission as they know, without any hesitation, Wildy would have done so for them.
Our thoughts as a platoon are with his family and girlfriend whom he loved dearly and was very proud of. He never stopped talking about his younger sister and was so excited about seeing them all during his mid-tour leave in six days' time. This is a very sad time for everyone who knew Wildy; he was a star but we all can take solace in the fact he gave his life doing a job he adored, surrounded by friends who loved and respected him.
Corporal Adam Newton, Section Commander, said:
Rifleman Daniel Wild was a great Rifleman and a brother to everyone who knew him. He had a great sense of humour and always put a smile on my face. He always put his mates first. He was a fearless young man.
When we first came to Afghanistan he was one of the men used to clear the route for the platoon to follow, which he loved to do and he did it very well. I can say from my time working with him that he has saved many lives. On the day that he passed away he was taking other casualties to the helicopter and, to me, he died a hero and he will always be remembered as one.
It was an honour working with him and I will truly miss him. Rest in Peace Fallen Hero - Swift and Bold.
Rifleman Dan Cayless, fellow Rifleman, said:
Wild, you were a good mate and you were so brave. All you wanted to do was your job. If something needed doing, you would be the first person to volunteer. I'm gonna miss you loads mate, Rest in Peace.
Rifleman Steve Glover, fellow Rifleman, said:
Rifleman Wild was my best friend and my little brother. Wildy was one of the strongest men I've ever worked with and I feel so proud to have served alongside him. He would always be the first man to help anyone out both on the ground or in camp. A brilliant soldier and a best friend. Rest in Peace Wildy, you'll never be forgotten.
Rifleman Matthew Meakin, fellow Rifleman, said:
Rifleman Wild was not just a mate, he was a brother; a brother that will be missed, not just by his mates and family but by anyone who knew him. He always made sure that he put his mates first. If you were down, you always knew the Wildy would be the first person there to cheer you up. He was a hero, he will be missed and always loved by those who knew him. Rest in Peace Brother. Swift and Bold.
Rifleman Rick Edgar, fellow Rifleman, said:
Wildy, may you Rest in Peace. You were a good mate and you have done us proud. Rest in Peace Wildy.
Rifleman Connor Duff, fellow Rifleman, said:
Your unbreakable spirit and inspiring courage. Your infinite strength and immense passion. You were the one that never broke down, never showed weakness, the one we looked up to, the one we followed. Our mate, our brother, our Rifleman. Rest in Peace Brother.
Rifleman Greg Edwards, fellow Rifleman, said:
Rifleman Daniel Wild was a Rifleman you would definitely be happy to have in your team. He was a strong, courageous and fearless Rifleman who, no matter what he was carrying on the ground or what he was told to do, would have been happy to do it.
Wildy was such a key Rifleman for so long within our platoon, by doing what he did best - being the lead man and clearing the route for us to follow. On numerous occasions Wildy had saved the lives of his men by finding IEDs. It was a privilege and an honour to work with Wildy, a true Rifleman through and through. Rest in Peace buddy, we will miss you so much. You were a legend, we miss you.
Rifleman Joseph Nwagu, fellow Rifleman, said:
Wildy, you left us in shock by your sudden departure but we took solace from the fact that you engraved your name in history by dying a hero. To those whom you gave your life so that they may live peacefully - you are a hero. And to us with whom you shared your joy in good times and marched with, swiftly and boldly in times of danger, you are a warrior, and in our hearts your memory will live forever. Adieu Wildy and may the heavens grant you peace. Rest in Peace.
Rifleman Daniel Taylor, fellow Rifleman, said:
Rifleman Daniel Wild was like my brother. We were battle buddies, we fought side by side for six months out here in Afghanistan . He cleared the route for every patrol and did it brilliantly. Always the first one into a compound, no whingeing, no messing around, he was a true hero. If you knew Wildy, you would understand that he put his life selflessly on the line before any of his mates.
He was always a happy little chappy, joking and taking the mick like any Rifleman does. The only difference was that he was a 'dirty Mackem' and I am a horrible Geordie; we were the best of friends but on Derby Day the greatest of enemies. Rest in Peace my little friend and a fearless hero, from me and all the fighters in 1 Platoon. Gone but not forgotten. SWIFT AND BOLD.
Defence Secretary Bob Ainsworth said:
I was saddened to hear of the deaths of these outstanding soldiers. All had qualities that earned them the highest respect from their commanders and peers. Their efforts and achievements during their tours to Afghanistan will be remembered by those they served alongside, and, here in Great Britain, we all will hold them in the highest regard for paying the ultimate sacrifice in helping to protect us against the threat of terror on our streets.
My thoughts are with the families and friends of these fallen soldiers at this dreadful time.

redpajama_set_name: RedPajamaCommonCrawl


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text:
Home / News & Comment / C v S [2014] EWHC 3799 (Fam)
C v S [2014] EWHC 3799 (Fam)
The father's application for a return order was granted after the judge found that the mother's defence under Art 13 of the Hague Convention was not made out.
This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
Case No: FD14P000925
Neutral Citation Number: [2014] EWHC 3799 (Fam)
IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
Royal Courts of Justice
Strand, London, WC2A 2LL
MRS JUSTICE PAUFFLEY
(Child Abduction: Hague Convention: Article 13)
Richard Jones for the Applicant, father
Christopher Miller for the Respondent, mother
Hearing date: 4 November 2014
Mrs Justice Pauffley:
[1] This is an application by a father for the summary return to Australia of his son, L, who was born 14 years ago, in 2000.
[2] On the basis of the papers, it had seemed as though the mother's opposition would have had a very broad base – a possible argument about parental responsibility and the implications of the father not holding it here; an assertion that the father consented to the removal; a claim that by the time the mother decided to retain the child here he was no longer habitually resident in Australia; a contention that a return would place the child in an intolerable situation and there would be an associated grave risk of psychological harm; and finally, a child's objections' 'defence' based upon the content of L's interview with Bob McGavin of the Cafcass High Court team as well as L's letter written to me after interview.
[3] The mother's case was modified at the outset of the hearing so that the only two issues pursued on her behalf were Article 13B 'intolerability / grave risk of psychological harm' and 'child's objections.'
[4] I am indebted to Counsel, on both sides, for the economical, erudite and considered way in which they have presented their respective cases. Though I was provided with bundles of authorities which extended to many hundreds of pages, it was unnecessary to go further than those extracts related within the Skeleton arguments. The law in this area, although constantly developing, does benefit from a number of well-established principles.
Essential background
[5] The background may be shortly summarised. The father was born in the UK but is now habitually resident in Australia. The mother is a UK national.
[6] The parents began their relationship in 1997 and separated in 2003. They did not marry. After the separation, L lived with his mother in England and had regular contact with his father.
[7] In about 2007, the father moved to live in Australia having met the person who was to become his future wife on a trip there in 2005. The father and his wife have two daughters of their marriage.
[8] Meanwhile, the mother became involved with and subsequently married H. Together they have two children, a boy who is nine and a girl almost four. In late 2008, the mother, L, her husband H and their first born child moved to Australia. H had secured employment there.
[9] L started school locally. He had staying contact with his father as well his new family every third weekend.
[10] In the early summer of 2011, the mother, her husband and the children came to England so that he could fulfil a work assignment. According to the father, the expectation was that they would return within 3 months. They did not go back to Australia until the spring of 2012. The mother claims there was "no talk of (the trip) being for a limited time such as three months." Her husband had "announced that he would like to return to Australia." She did not want to go but her husband "was very forceful and (she) really had no choice but to accompany him back to Australia."
[11] Unbeknown to the father, the mother and her husband separated in December 2013. She remained, together with the children in the former matrimonial home, a rented property.
[12] Since her departure from Australia in early June 2014, there have been divorce proceedings between the mother and H in the courts there. Although there had been some indication that H might apply "for a recovery order" in relation to his children, I was told he has accepted that they will live in England, he will agree to the equivalent of a Child Arrangements Order in favour of the mother and there will be no application for their summary return.
Circumstances of departure from Australia
[13] Tracking back a little in time, in May 2014, the maternal grandmother who lives in England visited the mother in Australia. According to the mother, at the end of her visit, the maternal grandmother asked if the mother would like to take a holiday in England "to have a break." The mother accepted the offer. Tickets were purchased on 22 May. They travelled here with the children on 2 June.
[14] The mother asserts she "did have a conversation via telephone and email with the (father) and explained to him that because of the situation with (her) husband and the break up of (their) marriage, (she) made the decision to travel to the UK." It might be said that the email correspondence between the parents from 4 – 29 June, usefully analysed on page 3 of Mr Jones' Skeleton, suggests otherwise.
[15] On 25 June, the father wrote that he and his wife were "still devastated and shocked that (the mother) left Australia … without even a phone call." On 29 June, in an email, he said "you should still have consulted with me as (L's) parent before leaving the country as I would not have given you my permission …"
The Hague Convention – the framework
[16] Pursuant to Article 3 of the Convention on the Civil Aspects of International Child Abduction,
"(t)he removal or the retention of a child is to be considered wrongful where – a) it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and b) at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention."
[17] Article 12 provides that
"(w)here a child has been wrongfully removed or retained in terms of Article 3 and …. a period of less than one year has elapsed from the date of the wrongful removal or retention, the authority concerned shall order the return of the child forthwith."
[18] Article 13 describes exceptions to the mandatory return provision created by Article 12. As relevant here,
"… the judicial or administrative authority of the requested State is not bound to order the return of the child if the person, institution or other body which opposes its return establishes that – b) there is a grave risk that his or her return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation. The judicial or administrative authority may also refuse to order the return of the child if it finds that the child objects to being returned and has attained an age and degree of maturity at which it is appropriate to take account of its views."
Article 13B principles
[19] As was made clear by the Supreme Court in Re E (Children) (Abduction: Custody Appeal) [2011]UKSC 27 there is no requirement to narrowly construe Article 13B. "By its very terms, it is of restricted application. The words …are quite plain and need no further elaboration or 'gloss.'" A number of principles may be drawn from the judgment –
The standard of proof is the ordinary balance of probabilities. The burden of proof rests upon the person opposing the child's return. It is for that person to produce evidence to substantiate the defence raised.
'Grave' qualifies the 'risk' of harm rather than the 'harm' itself but there is a link between the two concepts. The risk to the child must have reached a such level of seriousness as to be characterised as 'grave.' A relatively low risk of death or serious injury might properly be qualified as 'grave' whereas a higher level of risk might be required for other less serious forms of harm.
The situation faced by the child on return depends crucially upon the protective measures which could be implemented so as to avoid the risk that the child will be harmed or otherwise face an intolerable situation.
Inherent in the Convention is the assumption that the best interests of children as a primary consideration are met by a return to the country of their habitual residence following a wrongful removal. That assumption is capable of being rebutted only in circumstances where an exception is made out.
[20] In relation to 'intolerability' Lady Hale in Re D (Abduction: Rights of Custody) [2007] 1FLR 961 said, "Intolerable is a strong word but when applied to a child must mean 'a situation which this particular child in these particular circumstances should not be expected to tolerate.'"
[21] Also relevant to the facts of this case is the principle articulated in C v C (Minor) (Abduction: Rights of Custody) [1989] 1 WLR 654 namely that an abducting parent is not entitled to rely upon harm to the child arising out of her refusal to return with the child, as permitting her so to do would "drive a coach and four through the Convention. In such a situation any risk of harm to the child arises not from the order for return but from the refusal of the abductor to accompany him."
[22] It is also right to observe that it has been held that if an order for return was demonstrated to result in children being left homeless and destitute without recourse to state benefits, a court would be likely to find that Article 13B had been established: see Re M (Abduction: Undertakings) [1995] 1FLR 1021.
The mother's case in relation to a return
[23] The mother's Defence, particularly as it relates to Article 13B, is founded upon an envisaged separation between herself and L if a return order were to be made. Neither she nor his siblings would be going back to Australia.
[24] In her statement of 8 October, the mother refers to the circumstances between herself and her husband, H. She states that unbeknown to her, he had surrendered the lease upon the former matrimonial home, disposed of the contents and on 11 June had sent an email telling her she had nowhere to go back to. The mother maintains that her husband's actions "in surrendering the home and refusing to pay any maintenance or contribute to the family financially made (her) realise (she) could not go back to Australia."
[25] Moreover, the mother's understanding – from internet research – was that her ability to enter Australia on her existing visa had terminated as a result of her separation.
[26] On 4 November, in preparation for this hearing, the mother emailed the Cancellations' Officer in the Department of Immigration and Border Protection. She referred to their telephone conversation that morning and asked for confirmation that she and L "are no longer eligible to enter Australia on (her) ex husband's e457 visa." The mother confirms that L was not adopted by her ex husband and ends by saying the matter "is extremely urgent" as (she has) to attend at the Royal Courts of Justice in a few hours."
[27] The reply from Mr Gareth Joseph, the Cancellations Officer, included the following – that the circumstances which permitted the grant of a dependent 457 visa no longer exist. The message goes on,
"The Department however has no information before it at this stage that suggests (L) is no longer a dependent of (H). It would be advisable that you seek for yourself a separate class of visa should you desire to enter Australia as I cannot guarantee you clearance at our borders on the current 457 visa you hold. You can request voluntary cancellation of your visa by confirming your request to the Department …."
[28] Within his Skeleton Argument, Mr Miller states that the mother is "not confident that she and her children would be permitted to re-enter Australia." He emphasises the visa situation and the mother's fear that she might be deported if she entered the country on a visa without alerting port officials to her change of circumstances.
[29] It is the mother's case that L's return would inevitably mean a change of residence because, in addition to the immigration difficulties, she cannot see how she would meet the family's needs in Australia. She has no job, no entitlement to state benefits, no home and no means of supporting herself.
[30] The mother's case is that a change of residence would have the following consequences for L, sufficient to satisfy the Article 13B exception. Specifically that L's separation from his mother would be against his strongly held wishes; that separation from his maternal half siblings would be similarly damaging; that living in the same house as his step mother would be problematic because he has an extremely difficult relationship with her; and that he would have to move to a new school against his very clear wishes.
[31] It is also said, on the mother's behalf, that L feels marginalised and belittled within his father's home. As to that, although there is trenchant denial in relation to the general claim, it would appear there is some recognition from the father's statement that, on occasion, L has been teased playfully. With the benefit of hindsight, the father accepts that was wholly inappropriate.
[32] Thus, on any fair reading, the mother's case is structured such that if L had to return to Australia then he would be going back alone and to his father's home.
[33] When L saw Mr McGavin on 20 October, L said his mother had assured him, in the event he is returned, she will go with him. In evidence, Mr McGavin added that L had imparted that piece of information "somewhat unexpectedly" and that it had been "unsolicited." Unsurprisingly and altogether appropriately, Mr McGavin had conducted his interview on that basis.
[34] The mother's response to that information is comprised within Mr Miller's Skeleton Argument supplemented by his oral submissions. The mother maintains she has tried to reassure L he will not have to live in his father's household if he is returned. However, she asserts "this was simply an attempt to allay his fears and not something which she is able to achieve in reality." Mr Miller submits the mother would encounter greater difficulty in returning than "mere logistics" as had been suggested by Mr Jones. There is an inability to return on her part, says Mr Miller, by virtue of the immigration and financial circumstances. He referred to her as finding herself in "an intolerable situation."
Discussion – grave risk of harm and intolerability
[35] In the unusual circumstances of this case, it is necessary to consider Article 13B considerations both on the basis that the mother will return with L and, alternatively, that she does not.
a) If the mother returns
[36] It is difficult, but not impossible to assess what is most likely to happen. I predict that if return is ordered, the mother will honour the assurances given to L, thus defeating those arguments deployed on her behalf to substantiate the Article 13B exception.
[37] In terms of the practical impediments to return, so heavily relied upon by the mother, there are a number of very obvious counter arguments. Her own and L's passports each have visas entitling them to live in Australia until March 2016. If the holiday to England in early June had ended in the mother's and children's return to Australia, it is fair to assume they would have re-entered on those visas. By her own actions in contacting the Immigration Department the mother has sought to erect barriers to return. But, in the different circumstances which now apply, the mother could apply for visitors' or other visas. Australia is, of course, a Commonwealth country; it makes no sense at all to suggest there will be insuperable immigration problems. There is also the potential for assistance from the Australian Network Judge, should it be needed, so as to establish whether, in the event of a return order, immigration problems might be avoided and if so how.
[38] In relation to financial and accommodation difficulties, I observe that the two fathers of the mother's three children have maintenance obligations. L's father has been a consistent contributor paying $600 per month under a private arrangement and more when needed. Recently, as the email correspondence suggests, the mother's indication is that she does not want L's father to continue to pay. On 26 June she wrote …. "financially things are being put in place as I speak. Please forget paying any maintenance as we do not need it."
[39] Since the mother's return to the UK she has been in receipt of income support and other benefits. She has taken a voluntary position at one of the children's schools. But she has also received financial and other support from the maternal grandmother and her partner as emerges from the email correspondence. They have provided clothes, food, new school uniforms and shoes. The mother describes herself as "lucky in the fact that they consider it is a privilege to do so and they are in a position to be able to do it …"
[40] In the event that H, who is in employment, did not contribute voluntarily to the mother's and his children's financial needs, then I must assume that the Australian courts would require him to make adequate provision.
[41] All in all, I reject the assertion that perforce the mother would be returning to a situation of homelessness and destitution. I do not accept her claims which amount to an impossibility of return. Clearly she has a very strong, persistent and enduring wish to remain here but that is not the same as an inability to go back. The assurances she gave to L in advance of his meeting with Mr McGavin are, in my assessment, very likely to represent the reality. In any event, it should be part of the way in which she exercises parental responsibility for L that (a) she fulfils her promises to him and (b) accompanies him on return.
[42] It is singularly unattractive, I would observe, to run a particular case in front of the court whilst at the same time seeking to reassure a child, privately, that something entirely different will eventuate.
[43] Had the mother's position been that she was refusing to return then the considerations arising from C v C (supra) would have been relevant. As it is, if a return order is made and she complies with her assurances to L, as I believe she will, there are a number of practical measures to be tackled straightaway.
b) If the mother does not return
[44] Because of the ambiguity as to the mother's position it becomes necessary to consider Article 13B on the basis that L returns to Australia and lives within his father's home. It is abundantly clear that neither the mother nor L want that to happen. L was under the mistaken impression when he spoke to Mr McGavin that the court would be dealing with custody. Notwithstanding Mr McGavin's detailed explanation about the workings of the Hague Convention, in his letter to me L continued in his mistaken belief that the court hearing is because his "father would like (him) to live with him." L went on to say he has never lived with his father, likes living with his mother and younger siblings and does not want to go back to Australia. L added that he "hated going to London (a reference to the possibility of meeting with me) … it really did make (him) feel so sick and hot." Interestingly, and relevantly, there was no mention of hatred in relation to anything associated with his father or, indeed, Australia.
[45] There are several noteworthy positives in relation to the potential of L living with his father. The obvious first is that prior to 2 June, the father and L had an ongoing relationship marked by staying contact every third weekend. According to the father, broadly accepted by the mother, throughout L's life there has been regular staying contact. This father has always been committed to and involved in his son's life. The father's evidence is that prior to 2 June he and his wife had "an affectionate, loving, comfortable relationship with L."
[46] Second, and very importantly, in his discussions with Mr McGavin L spoke well of his father and said he enjoyed the time they spent together. L mentioned that he did not get enough one-to-one time and that his step mother would get jealous if L and his father spent time together. L would have welcomed time alone with his Dad. In his oral evidence, Mr McGavin added that what L had said to him about the father / son relationship "had a very nice feel to it."
[47] Thirdly, and significantly, such problems as there have been are now out in the open. They have been articulated and, to an extent, there has already been some acknowledgment and apology. The father accepts it was inappropriate for his wife to have referred to L as looking "like a nerd" and says she apologises. However, to my mind, much would depend on the context in which the remark was made before a conclusion could be drawn as to its essential quality.
[48] Mr McGavin was probably correct to assume, as he said in evidence, that if L had been asked about going back without his mother "it would have been a strong and confident 'No'" and that a return alone would represent "a big issue for L." But the question I am required to answer is whether the mother has established that, if returned, L would be at grave risk of psychological harm or otherwise placed in an intolerable position.
[49] I cannot conclude either that he would be at such risk or that his position would be intolerable. If his mother failed to accompany him, reneging upon her assurances, doubtless there would be an impact upon L. He would be entitled to feel resentful and betrayed. But considering the factual background as to how L's relationship with his father has been promoted throughout his life and the positives noted by Mr McGavin, it is really quite impossible to conclude that a return into the father's household would fulfil the criteria for the establishment of an Article 13B exception.
'Child's objections'
[50] The final matter for decision is as to whether the mother has substantiated her case in relation to 'child's objections.'
[51] It is well established that there are three stages in any consideration of this exception arising out of a decision of the Court of Appeal in Re M (Abduction: Child's Objections) [2007] 2 FLR 72. The first question is whether the child objects to a return. The second is as to whether the child has attained an age and degree of maturity at which it is appropriate to take his views into account. And the third involves the court in considering whether to exercise its discretion to direct or refuse a return.
[52] In Re K (Abduction: Case Management) [2010] EWCA Civ 1546 it was held that there is a clear distinction between the child's objections and the child's wishes and feelings.
"The child who has suffered an abduction will very often have developed wishes and feelings to remain in the bubble of respite that the abducting parent will have created, however fragile the bubble may be, but the expression of those wishes and feelings cannot be said to amount to an objection unless there is a strength, conviction and a rationality that satisfies the proper interpretation of the Article."
[53] Asked about how he would feel about going back to Australia, L told Mr McGavin he "wouldn't really like to" adding that he is in a new school, is making new friends and has made "new beginnings." On the scaling exercise, "How L would feel if the judge decided he has to go back," with 0 representing 'would not mind' and 10 representing 'would hate to go back', L chose 8 saying in explanation that he "did not think he would enjoy to go back; starting school over again; meeting people over again; restarting his life over again." He did not want "to leave people all over again."
[54] As for the positives of returning, L mentioned that he would get to see old friends. He told Mr McGavin about his daily message contact with three friends in Australia, mates from school.
[55] Mr Miller submits that, on any view, L is objecting to a return and that the exception is clearly met even on the basis that his mother will return with him. In cross examination, he suggested to Mr McGavin that only a 10 on the scaling exercise would have constituted an objection in his eyes. Mr McGavin – an immensely experienced member of the Cafcass High Court team – disagreed with that proposition. Significantly, he added this – that what L had said "did lack strength. It could have been put more powerfully. He could have been far more emphatic – i.e. 'I really don't want to go.'"
[56] Mr McGavin told L at the end of the interview that although he would faithfully report his wishes to the court, he "was not able to assure him that they amount to an 'objection' in Hague Convention terms." In evidence, Mr McGavin added that he is always interested to see what a child's reaction is to news of that kind. Sometimes there is a dramatic response. L did not say anything or otherwise react. Mr McGavin ended that section of his report, I should add, by saying it would be for the court to determine whether L's wishes amount to a preference or an objection.
[57] I am in no doubt. L has expressed wishes and feelings but they fall a long way short of an objection in Convention terms. Neither from the contents of L's letter nor from the interview with Mr McGavin could I conclude there was a strength, conviction and a rationality which could be said to amount to an objection.
[58] I should add, for the avoidance of doubt, that had I been persuaded in relation to the first of the gateway questions, I would have gone on to find that L has attained an age and degree of maturity at which it is appropriate to take account of his views. Clearly, he is an articulate, intelligent young person who was well able to present his thoughts in a mature and balanced way.
[59] The last matter for comment in relation to 'child's objections' relates to the way in which I would have exercised my discretion had I been satisfied in relation to the two gateway questions. Pursuant to Lady Hale's guidance in Re M (Abduction: Zimbabwe) [2007] UKHL 55,
"(O)nce the discretion comes into play, the court may have to consider the nature and strength of the child's objections, the extent to which they are "authentically (his) own" or the product of influence of the abducting parent, the extent to which they coincide or are at odds with other considerations which are relevant to … welfare, as well as general Convention considerations …. The older the child, the greater the weight that (his) objections are likely to carry. But that is far from saying that the child's objections should only prevail in the most exceptional circumstances."
[60] In this instance, had there been an established 'objection,' I should nonetheless have exercised my discretion so as to make an order for summary return. My reasons would have been these. Inevitably, L will have absorbed his mother's strong desire to remain here and make a new life in this country. As to that, as emerges from the written evidence and L's letter to me, my sense is that the mother is robustly supported by the maternal grandmother and her partner. L says, "My nanny and granddad have really helped us so much and we really needed them." L has been influenced, quite obviously, by the attitudes and feelings within the maternal family home.
[61] It is also relevant that the mother's actions in bringing and retaining L here amount to flagrant abduction. There can be no real question about the father's complete lack of knowledge as to what was about to happen at the beginning of June. On any fair reading of his own and his wife's statements, when they last saw L (between 22 and 26 May) they had no reason to believe they would not see him again in a few weeks time.
[62] The mother came here for a supposed holiday which turned into a plan to remain within days of their arrival. The mother told the father on 22 June she had "not made this decision in haste." The emails between her and the father can lead to only one conclusion as to the mother's motivation. She had decided what she wanted for herself and what was in L's welfare interests and was determined to secure her objectives irrespective of the father's reaction. The father's emails tell their own story of shock, distress, even incredulity in relation to the events of June.
[63] The underlying assumption of the Hague Convention is that the best interests of children will be served by a swift return to the country of habitual residence. It must be the case that the courts of Australia are better placed than those here to decide welfare issues in relation to L. I remind myself that the Convention is there, not only to secure the prompt return of abducted children but also to deter abduction in the first place. The message, said Lady Hale in Re M (supra), "should go out that there are no safe havens among the Contracting States."
[64] Had it been necessary to exercise my discretion, it would also have been a factor of relevance in favour of return, that this has been a case of relatively 'hot pursuit.' The father signed the forms for the Australian Central Authority on 9 September, less than three months after he discovered the mother's intentions.
[65] I have no doubt that it will be extremely inconvenient for the mother to rearrange her life in the way that an order for summary return will require. But I am in no doubt about her failure to establish an exception to mandatory return. Had I been required to exercise my discretion then I reiterate I should have done so not to permit L to remain here but so as to ensure his return.
[66] That is my judgment.
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Abduction Judgments


Serk118uk ported two gems for us. They are two little executables (glMeshEdit and glMorp) that makes it possible for us to do some morphing on Aros.
The original programs were developed by Juan Pedro Bolïvar Puente as part of another project. Unfortunately there doesn't seem to be much more information available on the web about the original programs. Nonetheless, it doesn't mean we can't have some fun with it as you can see in the screenshot.


text:
Motley Crue and Alice Cooper Talk Crue's 'Final Tour'
Jeff Giles
Jeff Giles Published: January 22, 2015
Ethan Miller / Mike Coppola, Getty Images
"We're talking about ending it at the stroke of midnight. When they drop the ball, they drop the ball on us."
So says Nikki Sixx in a joint conversation with Rolling Stone between Motley Crue and Alice Cooper, musing on the way his band's farewell tour could conclude at the end of its last leg on Dec. 31, 2015. "We've got to do something way over the top and stupid. That's the last show. That's our hometown where we started, you know?"
No matter what happens, drummer Tommy Lee is insistent that the tour will go out with a bang. As he put it during the interview, "We'll come up with something f---ing insane for sure."
End-of-tour theatrics aside, Cooper feels like his joint jaunt with the Crue gives every audience its money's worth. "The synergy of the two bands is so good because they're both bands who bring it every night. We're from the old school of, 'Don't just get up there and play the song. Sell the song. Kill the audience,'" he explained. "It's becoming a lost art. The bands I'm seeing now are just so tired and so boring. What happened? Why don't they want to be rock stars?"
Part of that attack on concert boredom is, of course, Lee's roller-coaster drum set, which he admitted still gives him pause. "I'm used to it now, but there are still moments. The peak of the coaster is about 60 feet off the ground, and it's f---ing scary up there," he explained, adding that on his first ride, he dropped an aluminum drumstick to see how long it would take to hit the floor. "It was literally like [opens hands and waits six seconds while all laugh] dink dink on the arena floor. I was like, 'Holy s---.'"
"I look at it every night backstage and go, 'Nope,'" laughed Cooper. "You can put me in a guillotine, but I'm not going on that thing."
And as for whether the band's just-released "final single," 'All Bad Things,' will actually serve as its swan song? "Who knows what happens in the future?" shrugged Sixx. "We decided to stop touring and take it one day at a time. We've got a movie coming. Who knows if we want to do music for that?"
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