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Sunday, August 21, 2011

Is Parenting A Civil Rights Issue?




In 21st Century America many believe all our Civil Rights have been recognized. To mention a few: freedom of speech and religion, personal liberty, equal treatment for women and people of color. All foundations of a healthy society. But what about the security of family, the right of parents to raise and nurture their own children?

When my son Domenic was born I'd never thought about Family Rights. I had a two-parent family. None of my friends had been in a custody battle. I assumed I'd be able to share the same love and attention on my son as my parents did with me. The painful experience of a divorce taught me that I was very wrong.

I discovered, as have many parents, that if my relationship with my child is challenged by a former spouse or even a social worker, my child and I have no right to family. A trial may occur, but there will be no jury of my peers. A lone judge will decide what's in the "best interest" of my child. This could include limited or no contact with a loving parent for an entire childhood.

I've come to believe we have a Civil Right to be presumed FIT & EQUAL parents to our children, unless you are convicted in a criminal court of being a demonstrated threat to your kids. Good, average, and poor parents are all FIT & EQUAL parents.

Why? Because one foundation of morality is the supremacy of individual conscience - what many know as "let your conscience be your guide." What more natural obligation does any parent have than to care for their own kids? To be present in their lives in the many roles that only a parent can fill.
Reference From the Vatican web site:
http://www.vatican.va/archive/ccc_css/archive/catechism/p3s1c1a6.htm

1778. Conscience is a judgment of reason whereby the human person
recognizes the moral quality of a concrete act that he is going to
perform, is in the process of performing, or has already
completed. In all he says and does, man is obliged to follow
faithfully what he knows to be just and right....


1782. Man has the right to act in conscience and in freedom so as
personally to make moral decisions. "He must not be forced to act
contrary to his conscience. Nor must he be prevented from acting
according to his conscience...."
A second precept says any law which stops us from acting according to a "well formed" conscience is immoral. Is it any wonder parents and children unjustly separated find it one of the most painful and disruptive experiences of their lives?

While it is difficult to compare Civil Rights; what would you find more disturbing: being told to sit in the back of the bus, not being allowed to vote, or ordered to no longer hug the child you love?

Fit parents should decide what's in the best interest of their child. Some think a distinction should be made between good, average, and poor parents. But how can we make a single determination in a multifaceted and dynamic relationship? Like most of us I have mixed feelings about what my parents chose for me. Times I knew they made mistakes, times when I would have preferred one over the other. I saw our relationship change as I matured, but we all grew together as family through good times and bad.

Only the bad parent should be excluded, one who threatens the safety of their child with malintent. Society justly intervenes for those who seek to destroy the relationship. There would be no potential for growth. This would be a serious crime prosecuted in a criminal court.

In the vast majority of cases parents would be free to establish parenting time as they desire. While negotiating a custom schedule, a default standard would alternate physical custody on a weekly basis. Both parents would share legal custody and would alternate "tie breaker" authority on an annual basis. What would all this mean?

A single judge acting alone could not issue an order that destroys a family. The animosity and terrible waste of resources that goes into Family Court battles about which parent is "better" would be eliminated. Mediation services would be more effective when dealing with equal parents. Children would benefit from regular contact with both parents. Community resources could be better focused on identifying and prosecuting the few bad parents that exist and protecting children.

If we look through our history, the recognition of basic Civil Rights has resulted in some disruption and change -- but overall they have strengthened our society. Our nation has seen an explosion of well- intentioned Family Law in the last 40 years. It is now time for a Federal Family Rights Act that will recognize and protect our ability to raise and nurture our own children.


A child has the right to:
• A continuing relationship with both parents.
• Be treated not as a piece of property, but as a human being recognized to have unique feelings, ideas, and desires consistent with that of an individual.
• Continuing care and proper guidance from each parent. • Not to be unduly influenced by either parent to view the other parent differently.
• Express love, friendship, and respect for both parents: freedom from having to hide those stated emotions or made to be ashamed of such.
• An explanation that the impending action of divorce was in no way caused by the child’s actions.
• Not to be the subject and/or source of any and all arguments.
• Continuing, honest feedback with respect to the divorce process and its impact on the changing relationships of the family.
• Maintain regular contact with both parents and a clear explanation for any change in plans and/or cancellations.
• Enjoy a pleasurable relationship with both parents, never to be employed as a manipulative bargaining tool.
• The obligation of being a parent does not end after a divorce. It is extremely important to understand that the bond of marriage is completely different from that of parents. This is the most common down fall in today’s society, as a dissolution of marriage takes place so does that of parenting.

Why is "Parenting" not included in the Bill of Rights?

Discussing Constitution and Family Law Reform


Is Parenting A Civil Rights Issue?
Very few family law attorneys, and perhaps fewer local courts in America treat parenting matters as a civil rights issue. I have had many priatitioners inform me that civil rights or Constitutional issues just don’t come into play with respect to divorce, custody or child support matters. This seems rather strange given that the United States Supreme Court itself has recognized parenting as a fundamental right, Troxel v. Granville, 530 U.S. 57 (2000).
Given the Supreme Court’s disposition, the importance of parenting in general, and the long, deep American tradition of looking upon family as a focal point of our our values and life activities, it should follow that parental rights would be treasured at all levels of society. So why isn’t that the case?
Let’s walk through some possible answers, the problems these present, and some solutions that can help ensure that these rights will be protected at every level of government in a meaningful and productive way.
First, the nature of the relationship between family and the broader society necessarily means that the government and the courts have traditionally been limited in how much protection they can offer to an individual household. This has changed considerably in the last generation, however.
In fact, if anything, rather than the government protecting the family as a unit, in the past generation, there has been more and more intervention from child protective services, local police units, foster parenting agencies, etc. in ways that override one or both parents’ authority within their own home.
Regardless, however, courts often perceive that they are helpless to look behind closed doors and tell what is really happening within a family. They can’t or won’t enforce rights except on matters which occur out in the open – whether these rights are fundamental or not.
Second, there is a similar perception that the enforcement of rights within a family means the protection of women and children, which in turn means protection from a father. That being the case, parenting itself is in no way treated as a civil rights issue, though perhaps women’s rights are being protected on multiple levels in multiple ways.
This results in a bifurcation of the protection of the rights of a woman that is not widely understood. While she maintains a high level of government protection from undesired advances from her husband or boyfriend, she maintains little if any protection from the government itself with respect to her relationship with her children.
Constitutionally, men and women are guaranteed equal protection as to each other, and higher protection as adults than children, with all individual’s protected from intrusion by the government. In an unwritten fashion, however, the law prefers women over men, children over women, and governmental agencies over all. Thus in practice, the government operates nearly in reverse of what the Constitution intended.
Finally then, we approach the crux of the problem. But there is one additional element that needs to be considered – the way local systems of government operate, including their inter-relationship with state and federal levels of government. Local systems lend themselves to corruption via the limited resources that exist for holding them accountable. As people are elected or appointed by their friends within the community, it’s likely there is little opposition at a level that would challenge their credibility or actions. Hence, local officials often are able to ignore significant conflicts of interest that may sway them to handle a matter in a manner that is unbalanced or biased.
But these conflicts exist vertically, through the state and federal government, as well as through the networks of local relationships an official has. This is due to the need for funding to keep these government employees working. That funding typically comes from beyond the local tax base. It is paid for either by the state, or in the case of the collection of child support, about 40% has been paid by the federal government with matching funds. The matching funds were suspended in December 2007, but can be expected to be revived in 2009.
Given the influence presented by these conflicts, it should not be surprising how easily local courts choose to overlook a parent’s Constitutional rights. But is this wrong? Should parenting be treated as a civil rights issue? If so, how?
It’s one thing to note that the Supreme Court’s recognition of parenting as a civil, Constitutional right. It’s another to assert how it should be recognized within the communities in which we live. When it comes to divorce, custody and the rights of parents in relation to their time and the raising of their children, we need to first come to grips with how common it is for children to be raised in single parent households and how regularly father’s are excluded or limited in their role as a parent in these cases.
“The vast majority–84 percent–of custodial parents are mothers, and courts awarded child support to 61 percent of them, compared to 36 percent of custodial fathers, according to 2005 census data. Failure to pay [child support, however,] cuts across gender lines, and less than half of all non-custodial parents met their full obligations.”Child Support Revenues Jump in Obama’s Home State, 08/21/08 By Claire Bushey.
Numerous sources are available to demonstrate that it is the interference by a custodial mother that is most likely to inhibit the time and relationship between a father and his own children, for example: Psychological and Structural Factors Contributing to Disengagement of Noncustodial Fathers After Divorce .
In itself, this raises extraordinary problems for the psychological well-being of the children of divorce. But a significant part of the problem can be resolved by taking away the leverage one parent has to disenfranchise the other from the children’s lives by balancing the power that is left in the hands of both parents regarding the children.
This possibility is regularly set aside in order to protect a mother’s financial support from the father, because courts claim to be ill equipped to resolve differences between parties acting with equal authority, and because it is assumed that the father will ultimately yield to the mother in matters of parenting.
But all three of these assertions bring to light the importance of recognizing and enforcing the protection of a father’s fundamental rights as a parent. Constitutional protections are needed most precisely in cases when cultural stereotypes and assumptions are employed to inhibit an individual’s access to justice – and that is what occurs whenever a father is treated unequally with a mother of the same children.
Until we reach a point where as many families have the father as the custodial parent as the mother, father’s need to be treated with special care and their rights carefully preserved in the courts and administrative offices that govern parenting time and child support.
More attorneys are needed who will stand up for the children, families and fathers that are discriminated against by a system that enables the disenfranchisement of one or both of a child’s parents. If you have a matter that demands this kind of attention, please visit my website, ThompsonLaw-IN.com and contact my office today.

John Mayer - Daughters

Authentically U at (DADPR) Daughters Advocating for Daddy's Parental Rights - 9 months ago
WE LOVE THIS SONG!!!!! :-)

Psych Central Article - "Daughters Need Fathers Too"

Authentically U at (DADPR) Daughters Advocating for Daddy's Parental Rights - 3 months ago
We enjoyed reading the tips in this article about ways for a Father to love his daughter. While some of the advice, may be harder to implement than others considering blended families operate on a different dynamic,we applaud Psych Central for compiling a list that we think is pretty good over all. What do you think about the list? Which ones are your favorites? http://psychcentral.com/lib/daughters-need-fathers-too/00012520

CUSTODIA PATERNA - Viernes, 3 de Mayo, 2013 *Publicado el 17/03/2013 *
Audio institucional de nuestra organización:

¿Que pedimos a las autoridades?

Nuestra lucha se centra el derecho de los niños a un vínculo sano con sus dos padres y toda su familia luego de un divorcio o separación.

- ¡NO MAS NIÑOS REHENES DEL DIVORCIO!
Remain an Equal Parent to your Child!
We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace.





19 comments:

  1. Great post, thank you!!

    - Steven Burda

    P.S. I love my children more than anything in this world.

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    Replies
    1. A Support and Advocacy blog for Protective Parents and innocent Children harmed by wrongdoing under the color of law, the Family Law and CPS Industries. We investigate where the media can't or won't go.

      The people "have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good." In Keeping with the Constitution, Blind Bulldog is committed to serving the common good in Shasta County.

      The following, brilliant take is from a Blind Bulldog affiliate from Southern Cal:

      "The untethered aggression of family courts is due to a vacuum of institutional client advocacy--unlike criminal courts, which have firmly-established constitutional rights, strict state and federal oversight of state court judges, and a dedicated “criminal defense bar” to thwart government aggression, or civil courts that have “plaintiffs'” and “defense” bars to balance one another’s private agendas, family court has no “litigant bar.” The divorce attorneys themselves favor aggression for the simple reason identified in the movie--follow the money. Attorneys have not filled that vacuum to defend their own clients, leaving them vulnerable to the natural tendency of government to intrude. Family court litigants are, sad to say, woefully unaware of what they’re up against, and the body count shows results that are entirely predictable--but we think preventable.

      Family court was created by lawyers and judges--literally--rather than the citizens it should be protecting. We’ve located the history through testimony and other documentation showing something like a Jekyll Island series of “off the record” meetings between California judges, attorneys, and bureaucrats in the 90’s to “set up” family court to their liking, then seeking what became essentially a rubber stamp granting unheard of discretion from the California legislature. This system is now unfortunately the model or trend for many states--hence our nationwide membership and approach. Citizens had virtually no input and maintain no control.

      Federal courts have observed unusually broad adaptations of “federalism,” “comity,” “standing,” and “abstention” legal doctrines to leave the vacuum unoccupied by otherwise ordinary protections of federal rights for individual citizens and legal consumers. Litigants themselves are outmatched in organization--they’re a revolving door commodity. No one wants to stick around long enough to enforce reform. Hence rampant abuse in a lop-sided system of foxes guarding the henhouse, and you and I are on the ever-expanding menu."

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    2. A case for establishing complicated grief as a distinct mental disorder in DSM-V - SCIENCE DIRECT - http://www.sciencedirect.com/.../pii/S0272735804000790
      Understand that having your kids taken from you is not something the courts should be doing lightly. We all know that, but how does one push the issue before a court headed by entrenched child trafficking corruption?
      My opinion is that no one should be bothering with that. Instead, it seems clear to mine eyes that "child separation anxiety" and subsequent "grief" are together "distinct mental disorder" clearly qualifying individual sufferers as "disabled".
      The right of access to LEGITIMATE court services is discussed in Tennssee v. Lane.
      "Title II (of the ADA) is aimed at the enforcement of a variety of basic rights, including the right of access to the courts at issue in this case, that call for a standard of judicial review at least as searching, and in some cases more searching, than the standard that applies to sexbased classifications."
      In my opinion, and what I am currently working on, is not something so intimidating (at its genesis) as a full lawsuit against court officials (which almost assuredly would be doomed under the current unlawful doctrines the federal courts maintain toward snuffing out such suits), but rather something so simple that everyone reading this -- with or without much legal knowledge -- can accomplish it simply.
      If diagnosed with any type of child separation anxiety (be honest) by a psychologist (or psychiatrist I guess, but I'd go with the psychologist on this one), then arguably such an evaluation would demonstrate "qualification" as a disabled person under the ADA. Legitimately based on excessive removal of one's own children.
      A request for disability accommodation asking for the correction of this disability-causing problem would surpass reasonable into necessary. "Court, you are disabling me by the severity of your removal of my children. Here's the medical evidence. Here's my request that you fix your proceedings/process to knock the shit off." ~ www.facebook.com/StandupforZoraya - #StandupforZoraya
      http://scholar.google.com/scholar_case... http://www.ILoveAndNeedMyDaughter.blogspot.com http://www.Causes.com/ChildrensRights Stop Emotional Child Abuse — at Lawson E. Thomas Courthouse.
      http://iloveandneedmydaughter.blogspot.com/2012/04/how-can-guy-do-all-that-and-yet-court.html

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  2. THE CRY OF FATHER FORGOTTEN BY JUSTICE
    I’m writing with the words of a father that has been bearing up for so long and might be he will die as a loser in this struggle but never give in.
    My words are for all the fathers not able to manage going on in their life, because of lack of strength, money or fortune in life and not able to live and resist for years in social exclusion.
    I dedicate my words to all the sons that need to have both their separate parents, close to them for growing up.
    But first of all I’m writing to you… you politicians, judges, lawyers, psicologists, executives… try to put yourselves in my place, in the place of a father who loves really much his daughter but is obliged to be separate from his daughter and prevented from seeing and holding her.
    What do you think can be a father’s thoughts when he’s suddenly and rudely separate from a beloved daughter, at the tender age of one and half?
    Have you ever wondered about his feelings? Does he feel deep pain and sorrow?
    We are fathers not supermen! We are human beings like everybody else and we can live in mental equilibrium, in social balance, in doubts and feel affection and have hope, expectations as well as qualities and faults just like you.
    The Holy Bible sais : “Do to others as you would have them do to you” but not the contrary!!!
    Would you like to see your little children few hours a week from now on? Or not to be allowed to see them at all suddenly, with no reasons why or demerit, with no possibility of appeal???
    I please you to think about it and find a solution to put an end to this agony and not extinguish a father’s hopes!!!
    Antonio Raschella
    https://www.facebook.com/photo.php?fbid=478692675497709&set=o.155289715456&type=1&theater

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    1. How true ... initially I trusted our system and was proud of being one amongst the 300 million people living on the land of opportunity and freedom. But, it turned out to be a sour dream. This land is nothing but a hypocritical land where nobody cares for anything except for money and power. What a SHAME!

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    2. “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.

      Redress, 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

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  3. When I split with my husband, I had this type of arrangement as describe, as I was still thinking the situation would be resolved, once we both calmed down and he had said this, plus because I think both parents are needed by a child. I gave him access to his daughter when ever he wanted it and had the time away from his busy job. Things got messy later and the government were brought into the situation, what you call child protection in America. Now I have not seen my daughter for 4 years, only twice accidentally totalling maybe 1 hr in 4 yrs. I wanted fairness for my daughter who is now 9 and was taken from her Kindergarten room at school, but now I am left feeling alienated and worthless to her. When I saw her she said "mum where ya been?" when I told her the court said I cant see her until she is 18, she told me I could in Queensland in a contact centre, she was 8 when she told me that. I was left homeless and beaten when this happened, I was dragged through the courts, for 12mths and I had nothing, except piles of affidavits telling me what a worthless human being I am and an unfit mother. I know men have felt this way for many years but I just want to say that it can happen to anyone.

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    1. The Father-Daughter Institute ~
      “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. Karen Johnson
      Psychotherapist, Researcher, and Father-Daughter Communications Coach. http://www.1karenjohnson.com
      The Father-Daughter Institute -
      Source: https://www.facebook.com/IFDConline/posts/564934213567226

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  4. Children's Bill of Rights

    WHEN PARENTS ARE NOT TOGETHER

    Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn't forget -- and kids shouldn't let them -- when the family is in the midst of a break-up.

    You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn't feel guilty about wanting to see your dad or your mom at any time. It's important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.

    You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can't work it out, a judge may make the decision for them.

    You're entitled to all the feelings you're having. Don't be embarrassed by what you're feeling. It is scary when your parents break up, and you're allowed to be scared. Or angry. Or sad. Or whatever.

    You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone -- either your other parent or a trusted adult like a teacher.

    You don't belong in the middle of your parents' break-up. Sometimes your parents may get so caught up in their own problems that they forget that you're just a kid, and that you can't handle their adult worries. If they start putting you in the middle of their dispute, remind them that it's their fight, not yours.

    Grandparents, aunts, uncles and cousins are still part of your life. Even if you're living with one parent, you can still see relatives on your other parent's side. You'll always be a part of their lives, even if your parents aren't together anymore.

    You have the right to be a child. Kids shouldn't worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

    IT IS NOT YOUR FAULT AND DON'T BLAME YOURSELF.

    ----Special Concerns of Children Committee, March, 1998

    "Children's Bill of Rights" is a publication of the American Academy of Matrimonial Lawyers. © 1997 - 2001. All rights reserved. "Children's Bill of Rights" may be reproduced under the following conditions:

    It must be reproduced in its entirety with no additions or deletions, including the AAML copyright notice. It must be distributed free of charge. The AAML reserves the right to limit or deny the right of reproduction in its sole discretion.

    © 2013 AAML Florida. 3046 Hawks Glen Tallahassee, FL 32312 | 850-668-0614

    The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask the attorney to send you free written information about their qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
    http://www.aamlflorida.org/index.cfm?fuseaction=pages.tentips

    ReplyDelete
    Replies
    1. PRO SE RIGHTS:
      Brotherhood 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."

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  5. "Normal parents can put the needs of their children first. They know that demeaning and demonizing their partner harms the children and however they may feel about their they do not want to harm their children. The problem of brainwashing children arises when one or other parent or both put their needs first and use the children as weapons against each other. These are the adults who have personality disorders that go unrecognized in court. There both parents are given an equal hearing the problem occurs when one parent lies and cheats under oath, manipulates the judiciary and everyone in the case while the normal parent looks on in horror. Women will always be given the benefit of the doubt over men especially by men which is why so many men loose their children. The training of so called experts in the universities and in workshops has been in the hands of radical feminists for the last forty years as a result there is no level playing field between parents any longer. All I can say that I have seen children deprived of a loving parent reconnect after years of demonizing that parent. For other parents they have to live with the injustice for the rest of their lives their child or children are to damaged to ever know the truth." ~ Erin Pizzey's comment on: https://www.causes.com/causes/409526/updates/791783
    Website http://erinpizzey.com
    #familycourt #familylaw #familylawattorney #familylawlawyer #familycourtinjustice #pas #alienation #parentalalienation #erinpizzey #childrensrights #fathersrights

    ReplyDelete
  6. 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?

    What 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?

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  7. It's human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society. Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.
    As a nation we have been granted certain civil rights by our constitution. Through the years it has been amended to better the lives of many Americans. The two most notable changes have come to Women in the 1920s and with African Americans in the 1960s. These rights were long overdue for both segments of our nation but thankfully we realized our mistakes and corrected them. This was not an easy journey for either of these crusades but through dedication and perseverance the bells of liberty rang loudly and victory was achieved.
    Unfortunately we have reached yet another fork in the road and with that comes another challenge to the American people. "We've worked hard for women's rights, but we have to watch out that the pendulum doesn't swing the other way" says Ruthie J. of the Reach FM. Ironically the pendulum has already swung far to one side and this time the male gender is being demonized by erroneous and fraudulent information. Males are being portrayed as callus, uncaring, and without emotion. We are being taught that men represent 95% of abuse in this nation against women. These and many other false statistics are being recklessly strewn throughout society and none of it is true. Yes, women are being abused by men that is a fact. striking a woman is abhorrent to the highest degree and should be dealt with appropriately but men are abused at an equal rate and they are being ignored. According to a study by the Center for Disease Control men represent 38% of domestic violence related injuries. Compound that with the fact that only 0.9% of men report abuse verses 8.5% of women and I think we have a pretty equal degree of violence between partners.
    The cornerstone of this "abuse" is VAWA the Violence Against Women Act. It was passed into law by Bill Clinton in 1994 and has been extended by every subsequent President. This law funnels Billions of dollars into discriminatory education and propaganda that violates men's civil rights. Many times DVIs or Domestic Violence Injunctions are used as a tool in divorce, child custody or just vengeance against a partner, most often against males. This is because the system of acquiring a DVI is simple and requires no evidence, witnesses or prior police reports. Just the word of an alleged victim making a claim of abuse. The repercussions of these orders are devastating and many times result in a violation, arrest and complete destruction of one's life. Even in cases when they are dismissed, a serious blemish remains on the falsely accused forever; how does that look to potential employers who almost always perform background checks prior to employment? This must be stopped and a better system of protecting all victims of domestic violence should be put in place.
    I hope to help bring awareness to gender discrimination and help provide support for men who are abused. There are programs to help women of abuse but nothing for men. My website will provide more information on the facts, my personal experiences and the stories of those who have been victims of this heinous tactic of relationship vengeance. Men and women should truly have equal rights and currently the scales are unjustly tilted. Let's work together to end domestic violence and not vilify one gender as inherently abusive. "United we stand, divided we fall" A powerful statement that we must never forget.

    Thank you,
    Tom Lemons
    Founder, www.falsedvireports.com

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  8. Dear Friends,

    One in six Americans know someone who has been falsely accused of domestic violence. The silver bullets in divorce, false allegations are sometimes used to obtain child custody. This despicable act removes fit and loving parents from the lives of their children.

    Please take a moment, as soon as possible, and speak out for the millions of children who are missing a falsely accused parent. And do it for the parents who are grieving for their children, stolen with a lie.

    Find your senators here:
    http://www.senate.gov/general/contact_information/senators_cfm.cfm

    Take note of their party affiliation and phone number.

    If your senator is a Republican, call, and ask them to support Sen. Grassley's Substitute Amendment to VAWA.

    If your senator is a Democrat, call, and ask them to demand changes to Sen. Leahy's VAWA (S. 1925), to curb false allegations of domestic violence.

    Do it For the Children, Stolen with a Lie

    Thank you for taking a stand for affected families everywhere.

    ReplyDelete
  9. FLORIDA TODAY - OPINION
    Written 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.

    ReplyDelete
  10. Florida Judge and Lawyer Complaints

    How 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

    ReplyDelete
  11. "CHILDREN OF DIVORCE DESERVE FULL ACCESS TO BOTH PARENTS, WHENEVER POSSIBLE."
    Personally, 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.

    ReplyDelete
  12. Hey Bio-Mom,
    I see you have found our little club here and you've decided to troll around for a bit. I first would like to say "welcome" on behalf of the men and women who suffer daily inside and outside these pages. We are glad you are here.
    Feel free to take your time and peruse the stories of men and women who have lost everything. Take in the agony and the pain, read the horror stories of men who havn't seen their children in 6 weeks, 6 months or 6 years. You will notice that all the stories share a familiar tone. The pain is real. The disbelief is palpable. The constant barrage of men ready to give up is unfortunately true. They may give up and stop fighting vindictive exes for their children and just move on, only to be later called a deadbeat loser from the same woman that deprived him of his children. They may give up and eat a bullet, jump from a bridge or tie a noose around their neck and say their final goodbye. You win, they lose. You are now an accessory to murder.
    Stick around and look at the pictures of the children that are left behind. These are the other victims. The victims without a voice in all of this. Had they had a choice they would almost always choose to have a loving caring father by their side. You deprive them of that. Not only do you assist in the murdering of fathers, but you're also a child abuser. Congratulations.
    Be sure to keep coming back to our little club here. Make jokes about how we are all domestic abusers who feel we have some ghastly privilege of fathering our children. Keep your kids close to you, be sure you cash that child support check and keep the children from Daddy if he misses a payment. It's only a fair punishment for him. Make him suffer. Make him hurt so bad he stays awake at night crying because he misses his kids so badly. Make him out to be the deadbeat you just know he is. Make his feel the depths of depression and despair by keeping his kids from him. Threaten to have him arrested and thrown in jail for inability to pay child support. You're cruising now bio-mom. You show them who is boss. Don't allow him to talk to his kids on the phone. Don't allow him to have one extra minute of "visitation". Marginalize him and make him feel what a scumbag he truly is. Don't tell him of your children's accomplishment or how they are doing in school. Keep any and all medical records from him. Keep him guessing who is with his children and where they are living. Keep doing what you are doing bio-mom. Now we all know who the boss is. It was never the judges or lawyers who caused all this. It was you.
    Now look down at your children and realize everything you have done to your ex has also been done to them.
    See, you are a child abuser after all.
    Sleep tight,
    Joe Makem

    ReplyDelete
    Replies
    1. Severe parental alienation case in Arizona in June. This father is a narcissistic bully causing severe emotional abuse to his two sons and alienated a loving mother and a step daughter from her father. This father runs an IT company in Phoenix and is highly dangerous and compulsive liar. He has paid police officers off to testify, used his technology company to modify drug and alcohol results and shared documents with community and family. He has harassed the mother for 5 years. This is defamation of character and he is Sharing this information with innocent children. Please help support this mom! She is dedicated to helping change legislation on parental alienation . CoNtact Domestic Abuse Angels on Facebook to help please this is a crisis!!

      Delete

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