IN THE MATTER OF THE CHILDREN ACT 1989
APPLICATION TO DISCHARGE A SGO ORDER
IN THE MATTER OF KALINDI ROBSON DA COSTA, A GIRL BORN 3rd
B E T W E E N:
LUCI VIEIRA DA COSTA
KRISHNA GOURI DA COSTA
The Applicant Miss Luci da Costa applies for discharge of the SGO dated 13rd
In the Children Act 1989 - section 14D (5),
that in order to successful dismiss the SGO, it is necessary to show a "significant
change in circumstances since the making of the special guardianship order."
1. On the judgment of 2014 paragraph 159, judge Hudson wrote:
"(...) as well as her mother’s volatile and aggressive behaviour".
a) Where is the evidence of me being aggressive?
b) Why was not I charged for abuse in the criminal court?
c) Why did a social worker and 2 Health visitors, visiting us during 3 month, never
report such thing?
d) Alison said before she kidnap my children, wrote on CHILD
INITIAL CONFERENCE 07/11/13 page 17.
"Throughout my involvement Luci and Craig both have worked well with
me and other professionals and have made themselves available for all
arrangements with them and maintained regular
telephone contact. Daily visit have continued to see the family throughout
my involvement and Luci has responded generally in a positive manner to
2. In paragraph 164 of the same judgment, Judge Hudson talked about Craig
" (...) There is, in my judgment, a high risk in terms of his Cannabis use
and cultivation, particularly in the more medium and long term, despite
his current stance. (...)"
a) How come his criminal conviction for endangering life is forgotten, or
overlooked, yet the fiction that I am aggressive is readily accepted?
b) How is it that a man with a proven history of violence and aggression, a
drug dealer and drug user, is allowed to see his daughter unsupervised? And I
always have been seeing Kalindi supervised?
3. In paragraph 166 of the same judgement, Judge Hudson said:.
"(...) It would also result in B losing all meaningful relationships with her
father and paternal family. (...)
a) And about my 'meaningful relationship' with my daughter? I am allowed to
see her just 6 times per year, this has led to parental alienation. In Brazil, PA is
a criminal offense. Do you understand how painful PA is?
That is clearly a breach to Human Right article 8 Right to respect for private
and family life.
"Other figures show FIVE people in nine days have taken their own lives
because of Parental Alienation." (1)
b) And her maternal family? Why is Kalindi not allowed to meet and visit her
extended maternal family in Brazil?
4. In the judgment of 2015, paragraph 141, Judge Hudson stated:
(...) 1 found there to be a singular failure on her part to accept responsibility
not only for her behaviour but, much more importantly, the negative impact
of it on her children. This was the case whether it related to events before or
after their removal from her care.(...)
a) Judge Hudson, please show me evidence that my behaviour is such or was
such that it was detrimental to my children.
b) Why do you ignore the evidence of the first 3 professionals and accept Alison
Dodd’s web of lies?
page 6. Kalindi presents as having a loving bond and attachment with her
mother and older sister. (...)
page 7. (...) There are no concerns regarding the presentation of either child.
Both were wearing clean and tidy clothing. (...) There do not appear to be
any concerns with regard to Luci abilities to promote an
appropriate sense of identity.
page 7. Kalindi is a baby who will need all of her basic care needs to be met
by her mother. There are no concerns with regards to Luci's ability to do this
and meet her needs.
(...) There are no concerns with regard to Luci abilities to meet the needs of
the children in this area of assessment.
(3b) page 4. (...) The interaction that I witnessed between Luci and her baby
were appropriate and positive. (3)
5. In paragraph 142 of the same judgment, Judge Hudson continues:
"M has said throughout that she has been unable to contain her behaviour
towards Social Care professionals. The chronology of events records extreme
outbursts, many of which have taken place in the presence of the children,
and threats to social work professionals both at those and other times (by
way of example the text messages sent to Alison Dodds). I found it striking
that M was able to sit through an eight day hearing and give evidence at
some length with barely a murmur of dissent throughout, even when she was
challenged in cross-examination and when she heard evidence against her
from the local authority witnesses, paternal family and children's guardian.
She was, it appeared, very well able to control her emotions and behaviour.
She told me she has not taken any medication for months now. Dr Hill was
unable to shed any light on the issue. I was driven to conclude that, when she
chooses to, M is well able to regulate her emotions and her behaviour."
a) Why would I choose to control my emotions in one place but not in the other?
Am I not a mother? Do the professionals fail to understand the pain of being apart
from your baby? Are you aware that social services never ever arranged a proper
time for Kalindi to visit me? They only changed the time when it was suggested by
Pat H from Family in Care, who witnessed the abuse to my baby, seeing her
distressed and crying every time she came to visit me, instead of be allowed to
6. In paragraph 143, Judge Hudson continues:
"1 concluded that the difficulty in all of these relationships arises when M is
challenged. I do not accept her evidence that she will work with the local
authority in the future. I also concluded - on M's own evidence and otherwise
- that she will not rest if the children are placed away from her except,
possibly, if B were placed with MA. M has, in my judgment, the potential to
cause significant disruption in my judgment."
a) Judge Hudson, would you work with lairs who stole your children?
b) Does my incapacity to work with lairs make me an unfit mother?
c) Where is my Right to a fair trial? Article 6 of the Human Rights Act? By
denying me the right to call my witnesses or for the judge to recuse yourself from
the case, I was denied this right.
7. Concluding from the judgement of 2014 and 2015, the change of
circumstances required from me is that I have a Lobotomy, so that I do not react
like a normal human would:
"Following the operation, spontaneity, responsiveness, self-awareness and
self-control were reduced. Activity was replaced by inertia, and people were
left emotionally blunted and restricted in their intellectual range."(2)
a) With a Lobotomy, my children and I could be severely emotionally abused by
social workers and yet I would not react in any way, shape or form.
8. I was told by your honour Judge Hudson in 2016 and my barrister in 2019,
that the judge can't be against their own ruling. But I find no law to support this.
According to this rule, I have no hope of getting Kalindi back from this biased and
cruel court. Whatever I do is disregarded, even if it is in Kalindi’s best interests.
Even if I was married to Bill Gates it would make no difference.
9. The United Nations Convention on the Rights of the Child 1989 Article 3,
para 1 states:
‘in all actions concerning children whether undertaken by public or
private social welfare institutions, courts of law, administrative authorities or
legislative bodies, the best interests of the child shall be the primary
10. It is not the best interest for a child to be subjected to emotional abuse; to be
ripped away from her mother while still a nursing infant – the only person she feels
loved and secure with, and to be separated from her older sister, and never allowed
to see her. I became a visitor instead of a mother to my child.
Regarding to the grandparents
11. The grandparents live separately, though they presented a “united front”
and pretended to be living together in order to secure Kalindi. It is the grandmother,
Carol Robson, who cares for the child by herself, takes her to and from school, etc.
Carol stated in a report that she sometimes finds it difficult to wash the dishes due
to problems with her hands. At 70 years of age, and suffering from health
problems, it must be a struggle for her to look after a 7-year old child, and it is
likely that she would be unable to fully meet all the child’s needs.
12. Carol has already raised her son to become a violent thug and a drug dealer
and user from the age of 16, with two criminal convictions, and another son who
was fined for DUI. Craig was sexually abused at the age of 10. Evidently Carol
failed to protect him from this. He described his childhood as a home filled with
shouting and arguments. This is not the type of household I feel is a suitable
environment for Kalindi, or indeed any child.
Two sisters who have been separated since December 2014
13. Two sisters have been forcibly apart since Dec 2013. This is a clear breach
of Article 8 of the UNCRC, which states that:
1. Parties undertake to respect the right of the child to preserve his or her
identity, including nationality, name and family relations as recognized by
law without unlawful interference.
14. On May 2018, I showed Kalindi a picture of her family in Brazil. She didn't
show any interest, as she has never met them, but when I showed her a photograph
of her older sister, she sucked her thumb and showed visible sadness and insecurity
- she clearly misses her sister, and is grieving for the family she has lost.
15. The law states that the child, for the full and harmonious development of his
or her personality, should grow up in a family environment, in an atmosphere of
happiness, love and understanding.
16. The relationship between siblings is just as important as any other
relationship, but they are the ones who will be there for each other, long after
grandparents and parents have died.
17. I have drawn up the following Parenting Plan to assist us in providing a
loving, stable, caring and safe environment for Kalindi.
18. Krishna will live permanently with mother from December 2019. She will
be 18. She was brought up to be independent and responsible. She could cook and
do all kinds of household chores from an early age. Krishna has said she would be
more than willing to help look after Kalindi if necessary, teaching her art and
music, cooking, taking her out and about, etc.
19. Mother is living in a 3 bedroom house in Gateshead, which is close to a
primary school for Kalindi and close to Krishna's college.
20. I recognise Kalindi’s rights to emotional and physical safety, stability and
a) She would have this if she is removed from the family of drug dealing
criminals that she has lived with since 2015.
b) She would be assured of the love of her mother and sister, and would be
able to visit Brazil and meet her extended family there.
21. As a mother and sister, we would accept responsibility for Kalindi's physical
care, health and safety:
a) Kalindi would no longer suffer from malnutrition and iron deficiency,
as mother would prepare a healthy vegetarian diet, which Krishna grew up
on, and she was always very healthy.
22. Kalindi’s emotional stability:
a) Kalindi would no longer be sad, and grieving and afraid. She would be
happy and at peace, being reunited with her mother and sister.
23. Living and childcare arrangements:
a) Kalindi would live with her mother and sister in Gateshead, 5 minutes
walking distance from Saltwell Park.
b) Kalindi would be cared for by myself, sometimes with Krishna’s
assistance. We also have a network of reliable friends who could help out,
give lifts, etc. in case of any emergency.
24. Financial Support
a) I am a self-employed Interpreter and Web Designer, I can provide for
b) Craig should pay child maintenance. He should take responsibility for
a) Kalindi would probably study at Kelvin Grove school, a short walking
distance from our home.
b) She would learn from me, how to draw and paint, also Web Design and
Portuguese language, depending, of course, on her natural abilities and
c) She would learn to play musical instruments, the flute and piano.
d) Like her sister, she would take Kung fu classes if she wanted to, to give
confidence and protection from school bullies.
Kalindi would be happier and better care for by me, her mother, and her sister who
is an adult now, and is responsible and caring.
(1) Parental Alienation
3) INITIAL ASSESSMENT, my papers
13. by Joanna Dean, 28 August/13
3a) INTERIM CARE PLAN, 21 Nov
The facts in this statement are true.
LUCI VIEIRA DA COSTA