In a series of posts following Judge Crabtree's release of his reasons for his decision on March 2, 2011, I highlighted several aspects of that 39 page ruling. I read the 39 page document and I quoted certain sections of it but primarily interpreted its content. The series provided a fair synopsis of his thinking and decision.
For example I gave the straight up concluding facts of the decision. The judge did not accept the shaken baby syndrome premise put forward by the Ministry and he found inconsistencies in Zabeth's explanation of an accident to account for her daughter's injuries. He did not return the three children to them but he also did not grant the Ministry its applied for Continuing Care Order.
Part 464: The Judge Rules – Not Good News
Part 465: The Last Word
I mentioned the window of opportunity that the Judge inferred was available to the Baynes, and that was a six month period when as foster care of the children continues, the Baynes may work with the Ministry according to an agreed upon plan whereby MCFD can be satisfied that the Baynes are no longer a risk to their children. That's the point down to which it comes. During this Interim Care Order time, make it happen.
Part 466: In the Hands of the Parents (first of numerous Synopses (Judge Crabtree's actual wording is in quotations. Everything else is my understanding of the statements for the ruling.)
I described the Judge's written processing of court-presented information by which he sought to determine whether there was continued risk to the children in returning them to their parents. His conclusion was safe and perhaps fair. He didn't deem them to be much of a risk but there was still some, i.e. 10% probability of risk because the injuries were not adequately explained to his satisfaction.
Part 467: Is There Need For Protection
Part 468: Children in Need of Protection
In one post I pointed out the considered error of not having Paul take the stand and to testify as did his wife. In the end, the judge while entitled by virtue of legal precedent to infer something negative to this failure to testify, chose not to do so, allowing that it was simply a choice the legal counsel had made.
Part 469: Failure of the Father to Testify
Then I summarized what I believe is the Judge's inevitable intention, which is to have the Ministry and the Baynes successfully cooperate during these next months with a view to returning the children. I do not think that Judge Crabtree wants to hear that the Ministry has messed this up, and he will be disappointed if the Baynes don't do everything in their power to enhance their reputation with the Ministry. Is it a tall order? Absolutely! But not impossible with two focused and determined parents as Zabeth and Paul are - essentially good people, with integrity, hard-working.
Part 471: The Judge Intends Returning the Children
Tomorrow: My detailed summary of Judge Crabtree's written reasons for coming to the conclusion that he did and why he ruled as he did.