Three years of appeals, rewards and searches have failed to find the three children taken into hiding by their fugitive father Tom Phillips. Locals say it’s time to try something different, writes Simon Mercep.
This story of a new approach to locating the missing Marokopa children emerged unexpectedly.
1News went to the western King Country town with private investigator Chris Budge to try and answer a question he said he has been asked by reporters from all over the world:
“How can a man and three kids go into hiding for three years and not be found?”
Watch a clinical psychologist unpack what she believes needs to happen once the children are found at our new home for news and current affairs on TVNZ+
That man is Tom Phillips, who went off the grid with eldest daughter Jayda, son Maverick and daughter Ember, after he lost custody of them in the Family Court. In December, it will be three years since they were reported missing. The children are now 11, 10 and eight.
Police believe the group is in the Waitomo District hiding with the help of one or more supporters.
A group of pig hunters spotted the fugitive father and kids. (Source: Supplied)
Budge took us to a valley close to the area where two teenagers saw the missing family and filmed them.
Police responded to the sighting within hours but two days of searching using helicopters failed to locate Phillips or his children.
There was lots of open farmland, with tracks clearly cut into the side of the hill, but also lots of bush.
There are plenty of places to hide here, said Budge.
“Remember, this is somebody who has lived in this area all their life.”
He suggested talking to a local who volunteers for Land Search and Rescue to get a more informed view.
That led us to several conversations in nearby Waitomo. One of these chats was with a group of three women who said it’s time to try something new.
They said Phillips will never come out of hiding with criminal charges against him for the alleged aggravated robbery of a Te Kūiti bank last year.
Give him amnesty and guarantee him access to the children, they said.
It is a radical suggestion and seems unlikely to fly, but 1News put the question to police and sought other local reaction.
It turned out someone else had a similar idea: Waitomo District Mayor John Robertson.
“We’ve got to think of the children at the centre of this, and their best interests,” he said.
“We’ve spoken to several other people in the district who agree that a change of approach is needed, and that Tom Phillips needs to have a reason to bring his children, voluntarily, out of hiding.”
He didn’t go as far as an amnesty, but said he thought an independent person should step in.
“If someone with mana could help facilitate, help bring this to an end, that would surely be the best solution.”
Robertson believed Mana Mokopuna, the Children and Young People’s Commission, could be the agency for the job.
1News contacted them and chief commissioner Claire Achmad confirmed she had spoken with the mayor.
“I’m continuing to keep a watching brief on this situation.”
However, legal barriers loom over a negotiated settlement. Budge said he tried this approach two years ago, writing to Phillips’ family and putting himself forward as a go-between.
Phillips’ father gave him a blunt answer, he said.
“Tom will not come out until the Family Court matter is solved.”
To explore how this could be achieved, we contacted Auckland family lawyer Alissa Bell.
She told 1News that under the Care of Children Act there is a compromise.
The welfare of the children always comes first, she said, and that includes ensuring continuity of their care. While the Court will try to rekindle the children’s relationship with their mother and her whānau, there would be balance, she added.
“Despite the alleged controversial unilateral by the father, I think the Court would be likely to allow the children to have contact with their father, albeit likely supervised so as to ensure their safety.”
That leaves the criminal charges against Tom Phillips. Could amnesty be considered?
1News spoke to former detective inspector, lead negotiator and now private consultant Lance Burdett.
“No amnesty,” he said.
Phillips would need to be told he will still face charges, but Burdett said it was “vital” the children maintain contact with their father after spending so long with him.
“You can’t separate people immediately, it will cause more harm than good.”
He said any negotiator who manages to speak to Phillips, perhaps through an intermediary, would need to be “skilled, neutral and have a delicate touch”.
We asked if he would be willing to do it.
“I would love the opportunity to do this. Genuinely. I’m a father, I’m a parent, I’m a husband.”
He said he had been through a lot and that having someone with that life experience would be beneficial.
“Having somebody that’s been through a lot that will understand what it’s like to come back to a real world when you haven’t been in a real world.”
We heard back from police, who did not address the question of an independent negotiator, but said the safe return of the children remains their focus.
Acting Detective Inspector Andrew Saunders, who is spearheading the search for the family, said they want those helping Phillips to “come forward and do the right thing”.
“Police believe that Tom is armed and it is appropriate to continue to take a very careful approach to any direct action that could threaten the safety of the children, Tom, police staff, or members of the public.”
