Each year, thousands of lives are damaged by false domestic violence allegations and/or charge.
Dear Friends,
June and October are Domestic Violence (and False Allegations) Awareness Months. Educate yourself about Domestic Violence and False Allegations then ask your local newspaper or radio station to cover this topic. [image: False Allegations Awareness Month] *Read More:*
Several reasons:
- To gain leverage in a Child Custody Action.
- To protect themselves when the police are called and they are afraid of prosecution if they don't make a false accusation.
- To get 'payback'.
- Simply because someone is angry.
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To join the 'brotherhood and sisterhood of victimhood' - being a 'victim' gains a special status, a place of honor for their 'suffering'.
Several reasons:- To gain leverage in a Child Custody Action.
- To protect themselves when the police are called and they are afraid of prosecution if they don't make a false accusation.
- To get 'payback'.
- Simply because someone is angry.
- To join the 'brotherhood and sisterhood of victimhood' - being a 'victim' gains a special status, a place of honor for their 'suffering'.
A Domestic Violence charge is far too serious to be trivialized by false allegations, which are rarely prosecuted on the flimsy ground that prosecuting false accusers would deter real victims.
CPI Report ~~~>LIKE and SHARE
A Domestic Violence charge is far too serious to be trivialized by false allegations, which are rarely prosecuted on the flimsy ground that prosecuting false accusers would deter real victims.
CPI Report ~~~>LIKE and SHARE
If you think prosecutors should have integrity.
Prosecutors Engage in Wide Range of UNETHICAL PRACTICES
Prosecutors Engage in Wide Range of UNETHICAL PRACTICES
Judge Judy Sheindlin on False Allegations of Domestic Violence
One in six Americans know someone who has been falsely accused of domestic violence. The silver bullet 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.
One in six Americans know someone who has been falsely accused of domestic violence. The silver bullet 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.
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.
Domestic violence law in Florida is not just one law, but several laws that operate together. Thus, it is more accurate to think and speak in terms of Florida's Domestic Violence Laws. The reason is very simple: Florida's legal system creates many different types of domestic abuse that constitute a violation of the criminal law.
One of the most significant problems with the entire statutory structure is the absence of even recognizing false allegations. Sure, Florida has a section prohibiting the filing of a false police report. Yet, the penalty is a misdemeanor - unless the victim of a false allegation is in a special protected class, such as law enforcement officers. Worse, these types of offenses are almost never prosecuted and when they are, they receive scant publicity compared to the publicity an alleged abuser receives.
Florida Domestic Violence Laws: Overview and FAQ
Domestic Violence Law in Florida: What you should NOT do
False Domestic Violence Charge Awareness Month
FALSE DOMESTIC VIOLENCE CHARGE AWARENESS MONTH
June is False Domestic Violence Charge Awareness Month in Florida. Each year, thousands of lives are damaged by false domestic violence charges. Why do people - men and women - file false domestic violence charges? Several reasons:
- To gain leverage in a divorce action
- To protect themselves when the police are called and they are afraid of prosecution if they don't make a false accusation
- To win a lawsuit, often without even filing one - gaining hush money
- To get 'payback' for a slight, real or perceived
- Simply because someone is angry
- To win an argument in a very dramatic and public fashion
- To join the 'brotherhood and sisterhood of victimhood' - being a 'victim' gains a special status, a place of honor for their 'suffering.'
A Domestic Violence charge is far too serious to be trivialized by false allegations, which are rarely prosecuted on the flimsy ground that prosecuting false accusers would deter real victims.
Real victims are people who have truly been victimized by the wrongful, violent conduct of another person - including victims of Domestic Legal Violence: The use of Law Enforcement Officers to physically force someone into jail and force them to be prosecuted and threatened with further imprisonment for a crime they did not commit.
SAVE public service announcement promoting equality with regards to domestic violence related issues.
This is a slide show of fun and friends played to our new song False Accusations. For now its just Matt singing with the acoustic guitar. We want to take this chance to thank everyone who has supported us so far , especiall…
Dr. Phil gets this women to come clean and admit she lied about DV which led to her husband being throw in jail for 10mths over DV he never committed.
by ManAmongOaks
Beneath the facade of domestic violence law, exists an anti-male bias that destroys innocent men. "Los Misandry" is a slide show/video parody about modern domestic violence laws and the taxpayer funded, domest…
by NoMoreDVLies
June is False Domestic Violence Charge Awareness Month in Florida. Each year, thousands of lives are damaged by false domestic violence charges.
Why do people - men and women - file false domestic violence charges? Several reasons:
- To gain leverage in a Child Custody Action
- To protect themselves when the police are called and they are afraid of prosecution if they don't make a false accusation
- To get 'payback'
- Simply because someone is angry
- To join the 'brotherhood and sisterhood of victimhood' - being a 'victim' gains a special status, a place of honor for their 'suffering.'
-
A Domestic Violence charge is far too serious to be trivialized by false allegations, which are rarely prosecuted on the flimsy ground that prosecuting false accusers would deter real victims.
-
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A Domestic Violence charge is far too serious to be trivialized by false allegations, which are rarely prosecuted on the flimsy ground that prosecuting false accusers would deter real victims.
"Most state laws require that courts treat mothers and fathers equally when it comes to matters of child custody. When I presided as a judge in Manhattan
"Most state laws require that courts treat mothers and fathers equally when it comes to matters of child custody. When I presided as a judge in Manhattan
Judge Judy Sheindlin on Joint Custody
When Judy Sheindlin was on Larry King Live last week, the issue of joint custody came up. Here is an excerpt from the interview:
SHEINDLIN ("Judge Judy"): I was a lawyer in the family court for ten years. I worked for the corporation counsel's office of the City of I remember the first day that I took the bench. It was in the Bronx and the court officers, if was pretty formal back then, court officer said, you know, say "All rise" and I stood up because I was accustomed to they say "All rise." We stood and finally the court officer said "You can sit down now, judge. They're standing for you. You can sit down." So, even when you have experience you need time to get comfortable in your chair.
KING: I had a judge who became a federal judge told me once that the hardest thing to decide was custody cases. First he had no experience. Who has experience with custody cases? He's been happily married, has children. Who gets whom? Isn't that the hardest to give a child from one parent to another?
SHEINDLIN: Yes. Sometimes it's relatively easy because the choices are clear but I've always thought in this country we do a terrible disservice to fathers. You know there was a time many years ago when we had what we called the Tender Years Doctrine, which meant children of tender years, young children, always went to their mother.
And then all of the courts in this country said that's not fair. We have to be equal. So, on the books there is a law that says no one parent is favored over the other, now that's honored more in the breach than it is honored in actuality. And, I have been a proponent for many years of there being a presumption in this country for joint custody of children. That's where courts should start.
KING: That's where you begin?
SHEINDLIN: That's where you begin and if you're going to deviate from that, you have to demonstrate by clear and convincing evidence that there is some valid reason why you're going to deviate from that because one parent is crazy, one parent has a drug problem, an alcohol problem, something's wrong.
But that should be the standard joint custody because children are entitled to be raised by two parents even if the parents don't get along anymore. I mean I think it's horrendous when one parent picks up and moves out of the state or moves 250 miles away and some judge in the family court, the domestic relations court usually if it's the mother who has moved away says, "Well, we'll have a hearing to determine whether it was the right thing."
No, no, no, no, no. You can't say to people who you've lulled into this sense of I'm equal, you're an equal father. You can take off paternity leave. We expect you to participate in the rearing of your children, to go to open school night, to be out there to play with them. Very often there are two people working in the household. They divide authority and you're equal except when there's a divorce.
And then, how often, Larry, I ask you the question, do you hear it quoted in the paper "He lost custody of his children"? You don't hear that. You hear "She lost custody. There must be something wrong with her."
Well I think that that has to change in this country because it was my experience in the family court, and I left the family court ten years ago, but even my experience on the television courtroom suggests to me that there are as wonderful a group of fathers out there as a group of mothers and it's about time that this country recognize that in not only the letter of the law but the spirit of the law as well.
Allegations of child sexual abuse are being increasingly invented by mothers to stop fathers from seeing their children, says a retiring Family Court Judge.
____________________________
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.
____________________________
The International Access and Visitation Centers conference was held in Toronto in April of 2013 The PAAO 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...
Parental Alienation is either a form of Domestic Violence or on the continuum of Domestic Violence behaviors.
Allegations of child sexual abuse are being increasingly invented by mothers to stop fathers from seeing their children, says a retiring Family Court Judge.
____________________________
Remain an Equal Parent to your
Child!
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.
____________________________
The International Access and Visitation Centers conference was held in Toronto in April of 2013 The PAAO 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...
Parental Alienation is either a form of Domestic Violence or on the continuum of Domestic Violence behaviors.
Parental Alienation is either a form of Domestic Violence or on the continuum of Domestic Violence behaviors.
i recently wrote a book called "Fathers Dey" i wrote it because i felt ppl needed to know my experience with the family court system, i had 27 false allegations filed against me in a 2yr period with each one investigated. the woman who made the allegations was my son's mom, after i won custody. feel free to watch this youtube video explaining the book. thanks
ReplyDeletehttp://youtu.be/ndJ1w72ZsOU jus copy and paste the url
Title 18, U.S.C. (United States Code), Section 241 is a federal statute designed to protect citizens from conspiracy to deprive rights. This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same) It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.
ReplyDeleteThis is an overview of Florida Kidnapping Laws:
Florida defines the crime of kidnapping as the confinement, abduction, or imprisonment of another person against her or his will. The kidnapping must be committed "forcibly, secretly, or by threat" and without lawful authority. Furthermore, the person committing the crime must have the intent to (a) hold the kidnapped person for ransom or reward, or as a shield or hostage; (b) commit or facilitate the commission of any felony; (c) inflict bodily harm upon or terrorize the victim or another person; or (d) interfere with the performance of any governmental or political function. For purposes of the statute, the confinement of a child less than 13 years old is "against her or his will" if the offender confines the child without the consent of his or her parent or legal guardian.
Florida statute 787.03 Interference with custody.—
(1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor’s or incompetent person’s parent, his or her guardian, a public agency having the lawful charge of the minor or incompetent person, or any other lawful custodian commits the offense of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Florida Statutes defines perjury as:
DeleteFlorida Statute 837.02 Perjury in official proceedings.—
(1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Knowledge of the materiality of the statement is not an element of the crime of perjury under subsection (1) or subsection (2), and the defendant’s mistaken belief that the statement was not material is not a defense.
Florida Statutes also defines it as:
Florida Statutes 92.525 Verification of documents; perjury by false written declaration, penalty.—
(1) When it is authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths; or
(b) By the signing of the written declaration prescribed in subsection (2).
(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration.
(3) A person who knowingly makes a false declaration under subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) As used in this section:
(a) The term “administrative agency” means any department or agency of the state or any county, municipality, special district, or other political subdivision.
(b) The term “document” means any writing including, without limitation, any form, application, claim, notice, tax return, inventory, affidavit, pleading, or paper.
(c) The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state under oath or affirm that the facts or matters stated or recited in the document are true, or words of that import or effect.
Tampering with a witness, victim, or informant. Florida Statutes defines this charge as follows:
DeleteFlorida Statute 914.22 Tampering with a witness, victim, or informant.--
(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:
(a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;
(b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;
(c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;
(d) Be absent from an official proceeding to which such person has been summoned by legal process;
(e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or
(f) Testify untruthfully in an official investigation or an official proceeding,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
As you can see, this charge requires intent and knowledge. The offender must know that the victim is a witness, victim, or informant in some type of judicial proceeding, and the offender must act with the intent to get that person to alter their testimony, evade the court, or destroy evidence.
How about false allegations period?! Government is corrupt to the core.
ReplyDeleteWhat I started doing was asking "what FACTS do you have proving that the constitution, statutes, or codes APPLY to me?"
I can NEVER get answer to that. Then I file a motion to dismiss for prosecutorial misconduct for maintaining a cause without evidence.
What can I do? I have not seen my daughter for 6 months all due to false allegations coerced by CPS. My wife has blocked all communications between me and my daughter. How far can one go and how much can one sustain if you are fighting the system that is blinded towards truth. There is no Justice in this country. It is all a big drama and a disgrace. email: raporeilly@yahoo.com
ReplyDeleteHOW 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?
Somebody necessarily help to make seriously articles I'd state.
ReplyDeleteThis is the first time I frequented your website
page and thus far? I amazed with the research you made to make this particular put up
incredible. Magnificent activity!
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Dear Friends,
ReplyDeleteOne 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.
Florida Judge & 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
DeleteWritten 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.
“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…”
ReplyDelete~ 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
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."
"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.