Tuesday

What Children Write

Good morning.
For many different reasons the rate of divorce is currently very high which means there are a lot of families with children going through this process.

While divorce is not easy for children (or parents) let me be clear with you that it is not the "divorce" which does damage to children - it is the adult's behavior that causes harm. The way in which parents go through the process is ...on a continuum, from parents who do a good job of staying focused on the issues and keeping the children outside the process; to those parents who unfortunately do a very poor job.

It is not uncommon for adults going through the process to experience a myriad of painful feelings including anger, sadness, rage, feelings of betrayal, panic, economic stress and anxiety. It is your responsibility as a parent to try as hard as you possibly can not to visit these upon your children. You won't be perfect, so aim high.

Lastly, it is critically important not to put your kids in the middle. It is hard enough for your children to go through the process without being made to feel that he or she is being disloyal to you because they love their other parent and want to spend time with him or her. Keep reminding yourself that you love your kids more than you "dislike" their other parent and act accordingly. ~ Dr. Joe Rabinovitz - Licensed Psychologist - Boca Raton, Florida

Supervised Visitation Week 11 at Family Courthouse - Note written by my daughter to her brother (my son) ~ 
Hi David, I miss you. I want to play with you soon. Say hi to your mommy.
I love you

What Children Write
A Documentary On Divorce, PAS, Violence & Father's Rights


ANATOMY OF A CHILD ABUSER SANTA ROSA

JUDGE MARCI GOODMAN 

FIGHTING FATHERS PAST EVENTS

General Magistrates - Fighting Fathers will be running an ongoing expose into the abuses heaped upon our children by these incompetent quasi-judges, particularly the excesses of Keith McIver and Michele Inere. The need to object to the Referral to a General Magistrate will be explained, and sample motions posted.
Pensacola Chapter of American Inns of the Court - FF was recently contacted by a disgruntled attorney about this organization, which in brief is a scam so that judges and attorneys can skate around the non-fraternization rule and hang out together, and, according to our source, discuss cases in private with judges. We intend to demand access to their meetings under Sunshine since they are acting under the color of government and using public facilities. If we are denied that access then we intend to demand that they pay rental on the facilities used, and perhaps reimburse the Sheriff's Office for the courthouse deputies that they are tying up. Whatever the outcome of that initiative we intend to accompany this merry crowd as they stagger to the after-meeting get together at McGuires and watch it degenerate into the drunken grab-ass that is inevitable with a group such as this.
FF will be posting details and documents showing additional abuses by Kim Skievaski during his tenure as Chief Judge.
FF will begin our series on Garbage Attorneys - we will explore how their excesses harm our children, how the courts are complicit in allowing this to happen so that their fellow Bar members can profit, and what YOU can do to stop it. Sample Bar and JQC complaints will be posted.
Questions or Comments ?
Contact:
jake@fightingfathersofdistrict1.com

THE FAULTY LAW

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury.
Thomas Jefferson, The Declaration of Independence 1776

THE LIE CALLED SHARED PARENTING

Women Get Custody 93.4% of the Time

Over 60% of the Divorce filings are now done by Women

46% of Divorced Women admit to withholding and interfering with Visitation, out of revenge for a bad relationship with the Father.

Florida's system for divorce, Shared Parental Responsibility, contains one crucial flaw in the basis of its design - it assumes that couples who parent children are going to get along following separation in order to serve the best interests of their children. This idealistic approach has clearly failed to accomplish even the basic purposes of Chapter 61 of the Florida Statutes: to safeguard meaningful family relationships; to promote the amicable settlement of divorce disputes; and to lessen potential harm to spouses and children caused by the legal dissolution of marriage.

First, shared parental responsibility awards custody or residential responsibility to one parent, while severely limiting the non-custodial parent ( a.k.a. the Father) to minimal and meaningless visitation, visitation that is not even enforceable. Standard visitation for the non-custodial parent amounts to less than 15% of the time with the children. No father can be a positive influence nor have a meaningful relationship with his children given that small amount of time. More importantly, by removing one parent from the day-to-day lives of the children the state of Florida is in large part responsible for the many problems seen today in Florida's children of divorce. Research has shown in great detail that the best way to help children cope with divorce is to assure that both parents maintain a meaningful relationship with the children. Standard Visitation as currently dictated by the Family courts is simply unacceptable. Florida would benefit from a system where the total needs of the children are met, not just the financial needs of the ex wife.

Second, the shared parental responsibility arrangement is a winner-take-all system. Battles to be named the custodial parent cause needless confrontation, excess legal expense and civil courts consumed with unnecessary divorce and modification hearings. Instead of promoting amicable settlement of divorce disputes, the laws currently in place thrust the participants, including the children, into a legal tug-of-war, compounding the very disputes the laws are intended to preclude. What's worse, the legal system promotes such conflict, actually thrives on it. In many cases, false charges of abuse and unnecessary restraining orders are filed simply to smear the opponent, with no requirement that the charges ever be proven. Furthermore state statistics show that in 93.4% of the time women get custody anyway. The system of divorce as currently practiced in this state is the furthest thing from amicable and unnecessarily so.

Third, current divorce law assumes that all costs of child rearing are borne by the custodial parent, thereby imposing extraordinary and unfair child support obligations on the non-custodial parent. Parents are required to pay for their share of the entire month's expenses, without regard for the financial obligations they endure while caring for the children or their living conditions. In addition, there are no requirements that the child support paid to the custodial parent even be accounted for. The money is, in many cases, used for expenses unrelated to the children. Furthermore, the courts impose medical, dental and life insurance requirements on non-custodial parents that would never be levied on married couples. These factors, coupled with the minimal and un-enforceable visitation adhered to by the courts, are the main reasons Florida experiences a child support non-compliance problem that places it 49th in the  nation. Research shows that people support their children if simply treated as equals in a divorce - less than 10% of parents ordered to pay child support and/or alimony are delinquent with payment in cases where joint custody is awarded. There would be no need for a child support enforcement effort in Florida if compliance were anywhere near 90%. Florida's poorly designed child support guidelines have a definite negative effect on compliance. Yet as long as the Federal Government provides almost 65% of the cost of the child support enforcement money they will continue to favor money over the best interests of the child.

Fourth, Florida courts continue to discriminate against men, in many cases adhering to the unconstitutional and outlawed tender years doctrine. Most court orders contain fifteen, twenty, sometimes twenty-five paragraphs defining contact and visitation between non-custodial parents and their children. 

The Courts have an enormous problem with the uniform enforcement of their divorce decrees and routinely turn a blind eye to problems of the Father when it comes to Visitation. It's time to make the Judges accountable for the destruction they cause to our Children's lives. 

In contrast, should the non-custodial parent ( a.k.a. The Father) fail to meet the child support obligation specified in one paragraph of the same court order, for whatever reason, the person in violation is threatened with jail and loss of his/her driver's license, not to mention loss of employment due to these two actions. This is an obvious inequity. Florida law should demand that the courts enforce orders in their entirety or not at all. There can be no in-between. Mothers are less likely to interfere with visitation with a contempt citation looking them in the face. 

Fifth, Statistic's show that many custodial parents move out-of-state for no other reason except to remove the children from the non-custodial parent (a.k.a. The Father) or to move closer to their own family. Although the Supreme Court has supported a parent's right to move out-of-state for the purpose of employment, there is a difference between a required move and a move intended to be vindictive. Moreover, the courts require that every divorce decree assert that jurisdiction will be retained by the State of Florida. How can Florida retain jurisdiction over the dissolution of marriage if the custodial parent and the children are allowed to move to another state?

Furthermore, many custodial parents remove the children from the state without a hearing or court order and the courts are reluctant to do anything about it. If a non-custodial parent can be pursued across state lines for the purpose of recovering child support payments, a custodial parent can be brought back to Florida for a fair hearing regarding a relocation involving the children. Sixth, as we stated above, the way in which divorce is practiced in Florida leads to courts that are overwhelmed with petitions, motions, hearings and the like. As a result, many people experience situations where this ineffectiveness and inefficiency of the courts actually compounds their problems. Fathers are separated from their children for many months while they wait for an initial visitation hearing to be scheduled. They get threatened with jail by the Child Support Enforcement bureaucrats long before they ever get a hearing to explain a job loss. They are barred from presenting information in support of their case, for expediency's sake.

Seven, The Family Court System has become a dumping ground for bad judges. While most lawyers specialize in a area of law when it comes to Judges one size fits all when it comes to a law degree. You wouldn't use your wife's Gynecologist to remove your tonsil's. We are also faced with egotistical self righteous hypocritesĂŻ¿½ that wrap themselves in their robes and fancy themselves endowed with the Wisdom of Solomon.

We believe that the complexity of the legal process is unnecessary. That this mess was created for the sake of expanding the legal business rather than the best interest of our children. There is no need to continue a process where mountains of paperwork are filed with the courts, only to be ignored by a system predestined to favor the mother. The Divorce industry must not be allowed to continue with business as usual and continue to hide the truth about the sexual bias that is practiced by the Judges of the Family Court. It starts by simplifying the process and treating men fairly. For those who try to look objectively at how divorce is handled in Florida, it is not hard to see that the current law doesn't come close to fulfilling even the basic goals of the statutes as specified in Chapter 61. 

Florida Governor and Lieutenant Governor
U.S. House of Representatives and U.S. Senate Members
The President of the United States of America

FL Governor Charlie Crist
Lt. Governor Jeff Kottcamp
U.S. Senator Marco Rubio (FL)
Speaker of the House

Senator Ken Pruitt,
Mr. President

Do Bloggers irritate judges?

David Markus at Southern District of Florida Blog - 1 hour ago
Senior U.S. District Judge Richard G. Kopf has this post today on that exact subject (re Howard Bashman at How Appealing) at his blog, "Hercules and the Umpire." Meantime, it appears that Judge Kopf has irritated an appellate judge with his use of language *on his blog*: While he thought the story was inspiring, a distinguished federal appellate judge from another Circuit thought my use of a vulgarity (“suck”) in the post about Shon Hopwood offended good taste. I am glad the judge cared enough to write, and I sincerely thank him. Although I am not keen on receiving lectures on t... more »


4 comments:

  1. A judge ordered to pay excessive child support and medical costs---Look what happened:
    http://www.theoaklandpress.com/articles/2013/08/09/news/local_news/doc520447cf75856632570506.txt?viewmode=fullstory

    ReplyDelete
  2. 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

    ReplyDelete
  3. 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

    ReplyDelete
  4. PRO SE RIGHTS:
    Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."

    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."

    ReplyDelete

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