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.
WHY IS THIS A CRITICAL ISSUE?
Good for you David putting this out there for people to see and I just
love the pic you shared with us - lord what a pretty little girl bless you both this
love the pic you shared with us - lord what a pretty little girl bless you both this
+Marie Ortiz Hi Maria! So sorry I missed your message. Hope and pray you had a wonderful Thanksgiving. Yes...she is, thank you. She's the next Beyonce !
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Remain fluid in order to innovate, adapt, improvise, and overcome
ReplyDeleteRemember...
F - FALSE
E - EXPECTATIONS
A - APPEARING
R - REAL
END SYSTEMIC PTSD, DEPRESSION AND PSYCHOLOGICAL TRAUMA !!
ReplyDeleteREFORM FAMILY LAW NOW !!!!!!
“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.
DeleteRedress, 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
HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?
ReplyDeleteWhat is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?
Well, reader, you can spend your time from now until eternity researching the literature, and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."
This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!
Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.
Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.
Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?
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."
Intimidation of Pro-Se Litigants
ReplyDeleteThe attitude of court officers toward pro-se litigants ranges from condescending to openly hostile, and when pro se's oppose an experienced attorney, they are often dispatched before having the opportunity to properly present their case. In the following article, investigative reporter Sherman Skolnick describes a scenario he has witnessed.
Big Court Fix
Part 1: Introduction to what you need to know
SHERMAN H. SKOLNICK
Here is the start of what you need to know about the courts. This applies primarily to state and federal civil cases in bigger communities and cities. And please note, not EVERY court case is corrupt. Maybe one out of twenty, or one out of forty. But after you study this series, you might become more skilled in telling which is which.
In civil cases, judges usually designate a certain day at a certain time when they have "Motion Call." That means they put on the docket for that day a list of cases where motions (parts of cases) are to be heard.
So suppose you are a plaintiff, representing yourself against a defendant corporation or a politician or other important personality. You check the computer-generated Motion Call list taped to the wall outside the courtroom door.
You notice that you are among the first cases to be heard that morning. The judge is not yet on the bench. The defendant's attorney is at the desk, next to the bench, whispering to the deputy clerk.
The judge comes in, gets on the bench, and your case is among the first called. The clerk, or the judge himself, announces that your case will be heard "at the end of the call," which means you will have to wait in the courtroom for several hours, perhaps close to lunch-time.
Non-lawyers tend to call the other side, "the enemy." So your enemy's attorney goes out into the hallway with his cell phone. You follow him and ask, "You were whispering to the clerk before the Motion Call started. And when the judge got on the bench, my case was pushed to the end. What is going on?"
The enemy's "mouthpiece" does not respond. So you raise your voice and repeat the question. Suddenly, the deputy sheriff (state court) or deputy U.S. marshal (federal court) stationed in the courtroom comes out and comes up to you.
"If you don't stop threatening counsel, I am going to have to arrest you," he warns. Outraged at being falsely accused, you raise your voice to who in past years was called the court bailiff. He barks at you, "Get away from counsel, or I will arrest you."
You reluctantly walk away from the "counsel" and the "bailiff". You begin thinking to yourself, "Hey, what's going on here anyway?"
You go back into the courtroom and wait. Before the clerk calls your case, all the other motions have been heard and the court has been cleared out.
Suddenly, the bailiff goes to the courtroom door and locks it. If you are savvy, you look at the judge's face now. It is not more or less relaxed as you saw it during the Motion Call. After all, the judge often hobnobs socially with some of the same lawyers who were there during the Motion Call. He goes to golfing events with them from time to time. The judge sees many of the same attorneys at Bar Association luncheons and pep-talk meetings, where they pat themselves on the back for the great system of justice they are in. You think, "It is the wonderfully corrupt bench and the bar." And YOU are no part of it.
So now it is just you, your enemy's counsel, the judge, the clerk, and the bailiff. If you have been around the courts before, you know to notice that the judge's face is now a little red. Although judges practice to show no expression about which way they are going to rule, they are still human and it sometimes does show in their face when a particularly difficult or clout-heavy case is to be heard.
Failure and rejection are tough pills to swallow. But sometimes they prove to be the best medicine in the long term. Let me explain. We live in a fast-moving, success-driven, "quick fix" oriented society. Encountering disappointment, under performance or outright failure it is something that can feel like a punch to the gut. Perhaps you launched what you thought was an awesome program, but didn't get the sign-ups you wanted. Here are 5 keys to help you regroup from failure and turn setbacks into solid success.
ReplyDeleteKey #1 - Breathe
Dealing with failure or rejection feels like a threat to our safety at some level. So our good old "flight or fight" response gets triggered. With all that adrenalin rushing through our body it's hard to think clearly about anything! Taking some deep belly breaths for even just a minute will help short-circuit your reactivity that comes when our reptilian brain gets triggered. Deep breathing allows you to access your prefrontal cortex that governs your decision-making capabilities.
Key #2 - Regroup - The Chinese have a proverb - "Fall down seven times, get up eight." When things don't go as you'd planned, the ability to pick yourself up and keep on going is key. Rather than see failure or disappointment as a sign from the Universe to stop altogether, view it as an opportunity to gather the additional wisdom and resilience you need to move more powerfully into lasting success. Choose to regroup, rather than stay stuck and gripe.
Key #3 - Pan Back and Get the Big Picture - You worked so hard, had such great intentions and yet you still got rejected. Sometimes the sting of failure feels so personal because the Pushover tends to lose sight of the big picture. Imagine you're the director of this movie called "Your Life" and it's time to "Pan back" the cameras to get the wide-angle shot. Choosing to see the bigger picture helps you remember your vision, your Brilliant WHY. Connecting to who you're meant to serve, or the love and truth you want to have in your life, can help get you ready and motivated to get back in the game.
Key #4 - The W-W-W Formula - Now that you've got the bigger perspective, it's time to use the W-W-W Formula. Objectively assess the following questions:
W - What worked?
W - What didn't work?
W - What would you do differently the next time?
Engage your brilliant brain into answering these questions and just watch how quickly your Pushover gets crowded out of your awareness. These answers invoke rich, straight-forward insights and data points that will help you make needed course corrections.
Key #5 - Give Yourself Permission to Fail - Failure is a necessary ingredient of our brilliance and success. Let's give up the need for perfectionism and the myth of instant success. What if Mother Nature had decided that evolution and natural selection weren't such good ideas? Our world would be robbed of so much beauty and diversity if Mother Nature was a perfectionist, unwilling to experiment and evolve along the way. Give yourself permission to fail. Make it your intention to fail quickly and often. That way you can gather up so much wisdom and polishing to take with you so you can step forward in greater strength and brilliance the next time.
The Sixth Amendment to the U.S. Constitution has been interpreted to provide EVERY AMERICAN with the CONSTITUTIONAL right to self-representation, if they so choose. That privilege, like all other constitutional rights, should be enjoyed without fear of harassment, prejudice, or abuse. Furthermore, no law, regulation, or policy should exist to abridge or surreptitiously extinguish that right.
ReplyDeleteSelf-Represented Litigants have no less of a right to FAIR and MEANINGFUL due process under the federal and state constitutions as those individuals who choose to utilize an attorney for their legal affairs and issues. In fact, NOWHERE in any state or federal constitution does it specify that the hiring of a lawyer is a prerequisite to exercising one's due process rights. Democratic principles dictate that we have the right to freely choose between self-representation and hiring a lawyer to handle our legal matters without suffering humiliation, prejudice, or penalization. After all, it is the parties to the litigation that ultimately have to deal with the consequences of the case's outcome, and not the judge or the lawyers involved in the matter.
Contrary to the view of certain judges and lawyers, those who opt to litigate their own legal matters without an attorney are NOT second-class citizens deserving of contempt and injustice. Instead, they are BRAVE CITIZENS with an inalienable right to have their legal causes adjudicated objectively and justly -- with or without a lawyer. Self-representation can be a difficult, time-consuming, and often frightening experience, especially for those burdened by demanding work schedules, family responsibilities, and other obligations of day-to-day living. Accordingly, those who engage in the difficult task of self-litigation should be REVERED for their COURAGE and DEDICATION, not scorned or abused.
We also need to amass momentous opposition against those persons, agencies, and institutions who, in the interest of protecting huge profits, careers, and prestige, subject self-litigants to a hostile and often abusive litigation atmosphere calculated to suppress self-representation and force people to become completely and financially dependent on lawyers to gain "paid" access to a taxpayer-funded legal system.
WE SUPPORT THE EFFORTS OF ORGANIZATIONS FOR EQUAL JUSTICE
Activist sometimes exhibit impatience with theory - often for good reasons. They have seen nonviolence caught in an ideological net in which the purity of ideology eclipsed activity and the nonviolent effort was undermined by a deflection of energy. But nonviolent theory is absolutely necessary. It introduces to the world a new strategy for resisting evil without creating new evils and becoming evil ourselves. But more important, it articulates a new way of being that yields a vision of peace more powerful than all the armies of all the nations of the world. (Peace is the Way, 2000)
Review from the late Carl Fredrich, founder of the American Pro Se Association
ReplyDelete2012 ~
" "How to Win a Lawsuit Without Hiring a Lawyer" is a very informative book -- and for those who find themselves in certain circumstances it can be said to be indispensable. The book might be more appropriately entitled: "Pursuing A Lawsuit Without A Lawyer: Even Against the Authorities." This book, as far as we know, is the only simplified low cost resource addressing an area of increasing need -- where one's rights have been trampled or denied by police or other officials and how you can do something affordable about it. The book actually contains an enormous amount of information and legal theories and specific instructions on how to proceed with respect to a number of issues.
Considering it is a generic law book written to address both Federal and all 50 states laws, it possesses both the advantages and drawbacks inherent in covering so much territory. The book also addresses this difficult problem and stresses the need to consult specific state statutes and/or the necessary specific information on any administrative law forums should they be applicable. (These are often called 'administrative law court' but they are really central panels of the administrative branch -- not judicial branch of government.)
"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.