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Sunday, October 21, 2012

Why I stole my children from their father... and why I'll keep fighting for them


As runaway mother Jennifer Jones faces courts over her actions, her emails reveal the anguish of a woman 'left with nothing'

Anguish: This time last week Jennifer Jones was lying low in the Welsh countryside, painfully aware that time was running out

Anguish: This time last week Jennifer Jones was lying low in the Welsh countryside, painfully aware that time was running out

She had been given a deadline to hand four of her five children back into the care of her ex-husband in Spain, but chose instead to pack their bags in the middle of the night and go on the run. It was a desperate, ultimately futile act from a cornered woman, though she was simply doing, she insists, ‘what any mother would do’.

Since then, over the course of three tumultuous days, she has been arrested, accused of ‘abducting’ her children, threatened with jail and ordered before a High Court judge. Yesterday, Ms Jones, a 45-year-old English language teacher, was back in Wales – alone.  Three of her children – Sara, 16, Eva, nine, and David, eight – are in Spain; while the other two – Jessica, 14, and Tomas, 12 – remain in Britain, temporarily in care. Jessica apparently vowed to make a huge fuss, kicking and screaming on the plane, if she was forced to return.


It is unclear what, if anything, has been decided by the court. Certainly a positive resolution, as far as Ms Jones is concerned, seems impossibly distant, if not hopeless. On Friday, she was asked how she was bearing up. ‘I haven’t even been able to cry properly yet,’ she said outside court. ‘Though I seem to be able to cry in my dreams.’  She added: ‘There was no protection for my children so a mother has to do her duty. A mother should love her children, I certainly love mine, I would certainly never do anything to harm them.’ Her words were issued in a half-whisper and anguish was writ large across her face.

While she insisted she would remain strong – ‘because that’s what a mother has to be’ – she appeared to be one more delivery of bad tidings away from breaking. Last week her ‘tug-of-love’ case, complete with letters from her children begging not to be made to live with their Spanish father, made headlines across Europe. But little emerged beyond cursory facts about its background.

Family: Jennifer Jones' ex husband Tomas Palacin Cambra is pictured left with their children Tomas, Sarah, Eva, Jessica and David Palacin Jones

Family: Jennifer Jones' ex husband Tomas Palacin Cambra is pictured left with their children Tomas, Sarah, Eva, Jessica and David Palacin Jones

The Mail on Sunday can reveal that Ms Jones charted the story behind her rancorous custody battle in a series of soul-baring emails to a reporter in which, frustrated to the point of despair by criss-crossing claims and counter-claims, she says she was left with little choice but to defy the law. They detail how her children’s father, an army officer based in Majorca, was granted custody of the children in the Spanish courts based on what she alleges was a ‘seriously flawed’ psychological report.

Elsewhere in the emails, she claims that he was abusive towards her and her children, and accuses him of ‘brainwashing’ and ‘manipulating’ them, of ‘poisoning their minds’ against her and even banning them from speaking English. ‘I am a mother desperate to help my children and protect them,’ she says in one. ‘I have fought for three years in Spain and cannot get justice.’ Needless to say the emails, written last month, offer a one-sided account of what is a complex saga. They are muddled in part and sometimes incomplete. What emerges, though, is a sharp sense of her desolation. And underpinning all her words is a determination never to stop fighting for her children.

For his part, their father, Lieutenant Colonel Tomas Palacin Cambra, 52, vehemently denies her claims and says she ‘persuaded’ the children to make false allegations about his treatment of them. The emails recount how Ms Jones met her husband 16 years ago when she was working in Tenerife, where he was then stationed. They married and lived in Spain until 2008, when, she says, her ordeal began.
Jessica's note to the judge in her parents' custody battle

Jessica's note to the judge in her parents' custody battle
Heart-felt: A letter sent by Jennifer Jones's children to their mother

Heart-felt: A letter sent by Jennifer Jones's children to their mother

‘I wanted to get away from my  abusive marriage,’ she claimed. ‘My ex-husband is a controlling, dominant man with an unstable character.’
That year they agreed to separate and Ms Jones returned to Wales with her five children.
After 14 months, Ms Jones decided she wanted a divorce but was persuaded to go back to Spain for a one-month ‘trial reconciliation’. She says: ‘He insisted he deserved this and if it failed he would personally accompany me and the children back to Wales where we would be free to continue our lives.’

It didn’t work out and Ms Jones returned to Wales with her children, but without her husband, and stayed, initially, in a women’s refuge.
But six weeks later she was visited by police and later received a summons to appear at the High Court in London, where she was ‘ordered back to Spain’. She says: ‘My children were forced to leave their schools, family and friends and .  .  . board a plane to a part of Spain [the city of Lleida in Catalonia] which we hardly knew. It was one of the worst days of our lives.’

At the airport, Ms Jones claims they were met by a bizarre reception committee. Her husband’s relatives, she claims, ‘chanted aggressively with banners’ and caused a public disturbance. ‘Luckily my children and I had the support of my sister and brother-in-law who had travelled out with us.’ Ms Jones says her husband gave the High Court an undertaking that she would be given €1,000 on arrival,  and afterwards €950 per month, though she claims this agreement was breached.
From left: David, Eva, Tomas, Sarah and Jessica Palacin Jones


From left: David, Eva, Tomas, Sarah and Jessica Palacin Jones

What happened over the following ‘intolerable’ ten months is not made plain in the emails. But she suggests her husband also broke what she claims were further undertakings not to contact her, hassle her or induce ‘third parties to do so’. In any case, according to Ms Jones, the situation deteriorated so badly that she decided to officially report ‘the abuse my children and I had been subject to .  .  . both physical and psychological’.

But she says she was simply not believed by the Spanish courts. ‘The judge accused me of inventing it to have my revenge... as in her opinion it was only on my forced return  that I had decided to report him [Mr Palacin Cambra] to the police.  ‘The psychologists stated that in their opinion what I and our children had said in various interviews was improbable and doubtful.’ Within weeks of arriving back in Spain, her allowance was almost halved. ‘The provisions made for utility bills and school expenses made in the UK High Court were taken away.’

She adds: ‘There are many police reports on occurrences and deeply unpleasant and disturbing incidents which happened over the ten months I was there.’ At times during the emails the chronology appears confused, but they make clear that by 2010 a Spanish court had ruled against her, granting full custody to her ex-husband.
'I love mammy': A hand-drawn card from Jessica to her mother

'I love mammy': A hand-drawn card from Jessica to her mother

‘The custody decision was based on an odd psychology report which  I believe to be seriously flawed. I have proof to back up my claims. My lawyer was refused [permission] to cross-examine the psychologists in court. I was not able to defend myself in court. No police or social services reports were used which were in my favour.’ Instead, according to Ms Jones, the court relied heavily on ‘misleading’ psychologists’ reports from her ex-husband’s legal team.

Around this time her ex-husband was posted to Majorca, where he still lives with the children in army barracks, protected by a military checkpoint and CCTV in the centre of the island’s capital, Palma. Ms Jones says she was left with nothing – ‘no custody of my children, no division of assets and no means to live’.

She was faced with an agonising decision about what to do next. ‘I returned [to Wales] distraught, and I have tried to rebuild my life with the support of my family and friends and make sense of a bizarre court case.’ At the same time she hasn’t stopped fighting legal battles, first in London and now in Spain, where she is hoping, once she has amassed sufficient funds, to appeal against the custody ruling. 


Already, she has spent more than £40,000 on legal costs. ‘I believe I did not receive a fair trial in Spain. I have been told by the police in Spain that they were shocked by the judges’ decision and had never seen a psychology report like that ever.’ 
Barristers in London, she says, reached the same conclusion. ‘They said they would take my case to Strasbourg under Human Rights, but advised me first I had to appeal in Spain.’
Found: Jennifer Jones's children (back) Jessica and Sara, (front) Tomas, Eva and David

Found: Jennifer Jones's children (back) Jessica and Sara, (front) Tomas, Eva and David

Because of what she says is her ex-husband’s unwillingness to co-operate, she has ‘no way of reaching a compromise and there are no signs of a financial agreement’. She added: ‘There isn’t any communication. He is .  .  . blocking contact between my children and me. He is brainwashing them and damaging them emotionally.  ‘He has stopped them from speaking in English. My children are rapidly losing their English. Especially the youngest ones. ‘He is making false accusations against me to the court. I have not been able to travel to Spain to speak to the court and give them my evidence and side of the story. ‘My ex has reported me to the police and accused me of not having contact. I have all my mobile bills to prove otherwise.’

Under the terms of the custody agreement her children stayed with her during school holidays, but she claims her ex-husband tried to frustrate her access to them. On one occasion she says she arranged through lawyers to collect her children in Majorca and take them to Wales ‘to enjoy our half of the summer holidays’. But she claims he took the children from school and caught a ferry to the mainland to ‘deliberately’ avoid her.

Mr Palacin Cambra’s Spanish lawyer, Carolina Marin, said: ‘Mr Palacin refutes his  ex-wife’s allegations. He categorically denies ever mistreating his ex-wife or any of his children physically or psychologically.’

Daily Mail UK
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