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Family Court Proceedings Violate 6th Amendment Rights and Miranda Law
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There are thousands of other parents in the same situation! We can change the world by putting an end to this.
United States Supreme Court: Grant Writ of Cert filed November 4 to determine whether child custody proceedings and family laws violate the rights of fit parents, and whether children have reciprocal rights to the care and custody of their parents?
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U.S. House of Representatives, U.S. Senate, President of the United States: Abolish the Tyranny of State Family Courts and Enact Federal Legislation That Provides Strong Procedural Protections to Families and Makes Child Sexual Abuse a Federal Crime in th
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Proven Parental Alienation in Family Court Case Wade vs. Wade (2010)
Post by Children's Rights.
~Wade told the Associated Press. "Mentally, I've been preparing for it for over a year now. To me, it's bigger than that. For me, it shows a lot of people that you need to fight to be in your kids' lives sometimes. You fight until you can't fight any more. That's all I was trying to be, a father in his kids' lives."
Ending a long and often-vengeful fight, a Chicago court has awarded Wade sole "care, custody and control" of his two sons in March 2011 after a long court battle with his ex-wife, who remains in the boys' lives. ~~ Dwyane Wade Awarded Primary Custody of Sons
Wade was honored by the National Fatherhood Initiative, for his dedication to his two sons given the demands of being a professional athlete and single father. Earlier this season at All-Star weekend in Orlando, Wade headlined a roundtable discussion that was part of President Barack Obama's Fatherhood and Mentoring Initiative.
Dwyane Wade Writing Memoir About Fatherhood
Gabrielle Union Would Like You To Know She Did Not Steal Dwyane Wade From His Ex-Wife
A Father First: How My Life Became Bigger Than Basketball
Dwyane Wade (Author)
This title was released in September 2012.
Pre-order now!
Ships from and sold by Amazon.com. Gift-wrap available.
Wade's World Foundation
Join Miami Heat guard and Olympic Gold Medalist Dwyane Wade for basketball instruction and fun.
_______________________________________________
Post by David Inguanzo.
HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
ReplyDeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature, and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
“Relationship Estrangement and Interference is a form of Domestic Violence using Psychological abuse.”
Delete~ Joan Kloth-Zanard of PAS Intervention.
www.pas-intervention.com
PAS Intervention stands for Parental Alienation Support and Intervention. It is an International Non-profit organization to End Child Abuse and Parental Alienation.
The International Access and Visitation Centers conference was held in Toronto. The Parental Alienation Awareness Organization was there and spoke to most of the 200 or so practitioners. Of course all were familiar with alienation and its results. Everyone was not only gratified to see PAAO at the event; they all also acknowledged that PA is either a form of Domestic Violence or on the continuum of Domestic Violence behaviors.
“There are subtle ways and overt ways of alienating a child from a parent, but either way it’s evil”
DeleteYou must secure FACTS for your life... a fact is a truth... so let there be truth!! and light of course... and let that truth be that you have a court order from a judge or magistrate that defines your legal status as a parent based on your abilities and the best interests of yourself as a parent to this child and this child's interests respective of parental guidance.
DeleteDo not wait, do not ponder... do not will and wish and wash your own face with your tears. Simply gather the strength of your love for your child and the self respect and self love you have... Figure out the exact process to establish legal rights defined in a court order (starting with a piece of paper where you write down what you want from your relationship with your child WITHOUT the Mother being a part of your wants on this list...). Determine the process cost and starting point and start positioning yourself to engage the process.
Do not use the word 'fathers rights' in court. Use PARENTAL RIGHTS. Do not use HUMAN RIGHTS as a reference to a judge because the judge knows that is the end all and starting point of all rights and it can subconsciously come out as a condescending reference to a 'bigger idea'; instead use references such as: 'In regards to best interests of parenting' Approach 'parenting' as an idea that means so much more then Man Vs Woman (because it does...) and sell that... because most likely even some of the people reading this have deep seeds believing women are better or more natural parents then men. The reality is that you can brain wash children to grow up believing realities that simply divide and harm others.
Never should a law read Fathers, Mothers... It should simply read: Parents... a Parents rights account for the rights of a parent. the moment a gender is assigned, it is a gender discriminative marker granting access to violate your human rights.
You may not be able to get exactly what you want, or run through the streets waving the 'fathers rights' or HUMAN RIGHTS flag.... but you can learn how to speak to those who hold positions of authority and you can secure your rights as a parent.
If you have the strength and aptitude to stand up for yourself as a parent.
You MUST also write ONE letter to your local representatives and request that laws be reviewed to grant Equality to parents irregardless of gender and site local region or area examples of how gender bias prevents the best interest of a child from having two loving equal parents to raise that child.
PRO SE RIGHTS:
ReplyDeleteBrotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."
Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
The Father-Daughter Institute ~
ReplyDelete“A father who leaves or is taken away from his daughter suddenly, and never again lives in the home with her again, can leave a daughter forever afraid to allow herself to be vulnerable to a man as an adult woman, for fear he to will surely leave her.” ~ Mrs. Johnson is a Psychotherapist, Researcher and Father-Daughter Communications Coach. http://www.1karenjohnson.com
The Father-Daughter Institute -
Source: https://www.facebook.com/IFDConline/posts/564934213567226
Florida Judge and Lawyer Complaints
ReplyDeleteHow to file complaints against Florida Family Law Judges and Family Law Lawyers?
Each State has its own procedures for filing complaints against Judges. All states require a written and signed complaint. Some states have a form for you to fill out. Other States request a letter. Grievances of misconduct usually concern issues of conflict of interest or impartiality. Adverse rulings or judgments are not considered legitimate grievances. You must support the complaint to the JQC about the Florida Family Law Judge with sufficient documentation.
Florida Family Law Judge Complaints
Write to the Florida Judicial Qualifications Committee.
http://www.floridasupremecourt.org
Florida Family Law Judicial Complaint
Mailing Address
Judicial Qualifications Committee (JQC)
1110 Thomasville Road
Tallahassee, FL 32303
Telephone
850-488-1581
All states maintain an agency to process lawyer complaints. These disciplinary counsels can usually be found as a department of the state bar association or as a branch of the state Supreme Court. Complaints in Florida can be filed by filling out a form supplied by the disciplinary counsel or by writing a letter to The Florida Bar.
Florida Family Law Lawyer Complaints
The Florida Bar handles complaints about family law lawyers in Florida.
Mailing Address
The Florida Bar
651 E. Jefferson Street
Tallahassee, FL 32399-2300
Telephone
850-561-5600
FLORIDA TODAY - OPINION
ReplyDeleteWritten by Gordon E. Finley, Ph.D., Miami
While I applaud columnist Paul Flemming for a sound review of the issues in Saturday’s “Alimony bill will be great — for lawyers,” his bottom-line conclusion is dead wrong.
The proposed state alimony reform bill will reduce litigation, not increase litigation. A bit of history: For years, the divorce vultures (a.k.a., the Family Law Section of the Florida Bar) have conned the Florida Legislature into writing divorce legislation that maximizes litigation and thus maximizes their income. In part, they have accomplished this by maximizing judicial discretion, which in practice means endless conflict and, of course, endless paid litigation.
No matter what they may say, the divorce vultures are interested only in one thing — maximizing their income.
I can irrefutably demonstrate this point with Flemming’s own words: “Thomas Duggar, an attorney in Tallahassee and a member of the Florida Bar’s Family Law Section, said last week at a Tallahassee Bar Association meeting that the section has a $100,000 war chest to sway public opinion against the legislation.”
Do your readers honestly believe they are spending all this money so they will lose income? The divorce vultures get the message in terms of what alimony reform will cost them — and save the children, fathers and mothers of divorce. I regret Mr. Flemming did not do the same.
Full Disclosure: I am an alimony-paying divorced father of two young adult daughters and retired university divorce researcher with multiple research and scholarly publications on this topic.
"CHILDREN OF DIVORCE DESERVE FULL ACCESS TO BOTH PARENTS, WHENEVER POSSIBLE."
ReplyDeletePersonally, I can’t find anyone willing to reject that statement publicly. It’s a fundamental truth. We now have a wealth of evidence demonstrating children are better off, in most situations, when they have something near equal time with each parent. So why are shared-parenting bills are being rejected throughout the country?
Do legislators believe mothers are more important to children than fathers? For the most part, I don’t think so. Politicians are, however, under quite a bit of pressure from some very powerful anti-shared parenting special interests. Recently, we’ve seen these opponents contribute to shared-parenting bills failing to pass in South Dakota and Minnesota.
Some would argue disappointments like those are clear signs that shared parenting legislation will not happen anytime soon. The opposite is true. The near victories in these states and others is an enormous indication politicians are beginning to understand the vast majority of American citizens believe children of divorce deserve equal access to both parents, whenever possible.
In fact, South Dakota’s bill lost in a 21-13 Senate vote. That’s a swing of 5 senators. If merely 5 senators felt more pressure from South Dakotans than they did from special interests, South Dakota would have a shared parenting statute. We should commend the remaining politicians in South Dakota’s Senate for doing the right thing.
In Minnesota … well, Minnesota is a travesty. That bill passed, and on May 24, 2012 Governor Mark Dayton vetoed it. Governor Dayton claimed that both sides made “compelling arguments,” but because the “ramifications” of the legislation were “uncertain,” he decided to single-handedly overrule the will of his constituents and their representatives. Mr. Governor, unless you are ending slavery or beginning women’s suffrage, you will likely never have the benefit of “certainty” in your political career. Again, we should praise the Minnesotan politicians who voted for the bill.
Six people. Six people stopped two states from enacting shared parenting. Six people do not indicate shared parenting is a distant hope – they indicate profoundly that it is an imminent inevitability.
Mike Haskell is a divorced dad, shared parenting supporter and practicing family law attorney in Grand Rapids, Michigan.
ACFC is America's Shared Parenting Organization
"CHILDREN NEED BOTH PARENTS"
The members of the American Coalition for Fathers and Children dedicate ourselves to the creation of a family law system and public awareness which promotes equal rights for ALL parties affected by issues of the modern family.
ACFC is challenging the current system of American family law and policy. Through a national system of local affiliates and in alliance with other pro-family and civil liberties groups, ACFC is shifting the public debate to the real causes of family dissolution.
“Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…” ~ Juli T. Star-Alexander – Executive Director, Redress, Inc.
ReplyDeleteRedress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights. Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other. We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve. IT'S A HUGE TASK! Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other - help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law. You might be interested in this article Unauthorized Practice of Law on the Net. Call Redress, Inc. at 702.597.2982 or e-mail us at Redress@redressinc.com. WORKING TOGETHER TO ATTAIN FAIRNESS