Saturday

A system which denies the existence of basic human rights!

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Ron B Palmer is the President and founder of Fix Family Courts. He has passionately dedicated many hundreds of hours to researching state and federal appellate court decisions on family law matters. He routinely distills this information into powerful arguments for the protection of parental rights which he believes is necessary to protect children. He firmly believes that children are best protected and nurtured by having two fit parents in their lives who each have equal parental authority regardless of their marital status. He believes this is true even though some small percentage of parents harm their children.
As an entrepreneur and mother of 5 Sherry graduated with a bachelor’s degree from the University of North Texas in proposal writing from the college of community service at the University of North Texas before co-founding Fix Family Courts with her husband and partner, Ron B Palmer. Sherry has twice in her life had to face down oppressive court systems trying to harm her life. First as a young child growing up in the streets of California she had to fight judges and state bureaucrats simply to remain in her normal public school classes where she was excelling in spite of her living conditions. Second as a mother facing divorce and a court system seeking to take her children from her for no reason whatsoever. While her two oldest children aged out and were taken from her through alienation, she was able to stop the system from stealing her younger two.
Amendment | Fix Family Courts 
Fix Family Courts - Because getting divorced shouldn't mean losing your child 
(1) Fit parents are entrusted by nature or the State with determining the best interests of their minor child and must be assumed to be acting in their child’s best interests unless proven unfit (2) Each fit parent has the equal right and duty to direct and control their minor child’s education, to include educating the minor child through personal example, which arises through routine parenting of the child. The child has a right to receive education from each parent equally. These rights are among the penumbra of individual First Amendment rights. (3) Fit parents hold equal rights and duties in the care, custody, control, and physical possession of the minor child. Any conflict between these rights must be resolved in as equal a manner as possible. (4) Fit parents may entrust certain of these rights to others as they see fit without forfeiting their rights. Read More~> www.fixfamilycourts.com/amendment




Presumptive Best Interest of 

Child and Equal Time-Sharing

There is no question that our family law statutes need to be reformed and that there is a great deal of "judicial discretion" in family law matters. Often times, the outcome of your case depends more on the judge that you have been assigned than the facts of your particular case. If you were to have your case in front of one judge, the outcome may be very different if you were to have your case in front of a different judge.

 Presumptive Best Interest of Child and Equal Time-Sharing

By Christine Bauer - A Florida Family Law AttorneyPosted FRIDAY, MARCH 22, 2013 ~

The legislature is trying to change that, in particular when it comes to time-sharing with children. There are changes to alimony as well that I will address in a later blog, but I wanted my readers to be aware of the changes that are being proposed for time-sharing because it is substantial. 

If the Bill passes, there will now be a presumption that equal (50/50) time-sharing is in a child's best interest, with very limited exceptions. The exceptions would be in the nature of real harm to a child that a parent is incarcerated, a parent is unfit, or the parent's geographical distance would hinder the ability for a 50/50 time-sharing schedule to work. If this passes and is signed into law, most families would be automatically forced into a 50/50 timesharing arrangement if one party were to want that. I have had plenty of cases in the past and some cases right now where one parent does not want an equal time-sharing schedule for a variety of different reasons. 

Some reasons are valid; some reasons are not valid enough to take the issue before the Court. With this new law, if it is passed, every family will be forced into a 50/50 schedule provided that one parent is requesting it. We do a lot of 50/50 time-sharing arrangements and have had a Judge rule many times that 50/50 is what a couple is going to have, but there are many families who want to alter or adjust this schedule after the final hearing because the schedule is simply not working. Absent a substantial and permanent change of circumstances, couples are going to be stuck with these schedules, regardless of whether or not it’s "working". 

I agree with the idea that if we have a presumption that 50/50 is in the children's best interest, there will be less room for argument and people would have to acquiesce on this issue. Taking any argument off the table that 50/50 is not good because a parent simply doesn't want it will help insure that less litigation ensues over "best interest of the children". However, what I don't agree with is that we should take the approach of "one size fits all" when it comes to dealing with children. It'll be interesting to see how this develops and if you have issue with this potential law, I urge you to contact your representative.









I've received superb references via reports written by Family Court Services  staff/observers that were submitted to Judge Manno-Schurr of the 11th Judicial Circuit of Miami - Dade County Florida and are archived in case no. 2008-29595 FC 17.  Judge Manno-Schurr ordered another 12 weeks of Supervised Visitation on November 4th, 2014 to commence on January 24th, 2015.AND also promised an "alternative" method of Supervised Visitation Network. Nothing occurred. I reported to the Supervised Visitation at the same place as the last 36! 

On January 24th, after my daughter left the room, I complained to the 3 staff members/observers that it is obvious, especially to me, that she is being brainwashed and is probably suffering from Parental alienation syndrome and or Stockholm syndrome . I reminded them that they had an obligation to report child abuse to the Florida Department of Children and Families. On Monday, Linda Fieldstone, called me to advise they are referring the case back to the Judge.


The point is that anyone and everyone that has seen my daughter and I together knows that I am a great dad. The Judge refuses to read the entire history of the case and after 3 reports that indicate I'm a great father she refused to accept my suggestion that my daughter and I meet with her in Judge's Chamber. She refused saying she was not a psychologist. I said to her that she doesn't have to be a psychologist...she just has to be HUMAN. Keep in mind that I have joint custody of my son.


"Insanity: doing the same thing over and over again and expecting different results." ~ Albert Einstein
— at Family Courthouse -Miami-Dade.   

Constitutional Right to Be a Parent

Below are excerpts of caselaw from state appellate and federal district courts and up to the U.S. Supreme Court, all of which affirm, from one perspective or another, the absolute Constitutional right of parents to actually BE parents to their children.

No case authoritative within this circuit, however, had held that the state had a comparable obligation to protect children from their own parents, and we now know that the obligation does not exist in constitutional law.” K.H. Through Murphy v. Morgan, 914 F.2d 846 (C.A.7 (Ill.), 1990.

“Rights to marry, have children and maintain relationship with children are fundamental rights protected by the Fourteenth Amendment and thus, strict scrutiny is required of any statutes that directly and substantially impair those rights.” P.O.P.S. v. Gardner, 998 F2d 764 (9th Cir. 1993)

“Parents right to rear children without undue governmental interference is a fundamental component of due process.”

nunez by Nunez v. City of San Diego, 114 F3d 935 (9th Cir. 1997)

The rights of parents to the care, custody and nurture of their children is of such character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and such right is a fundamental right protected by this amendment (First) and Amendments 5, 9, and 14. Doe v. Irwin, 441 F Supp 1247; U.S. D.C. of Michigan, (1985).

The several states have no greater power to restrain individual freedoms protected by the First Amendment than does the Congress of the United States. Wallace v. Jaffree, 105 S Ct 2479; 472 US 38, (1985).

The United States Supreme Court has stated: “There is a presumption that fit parents act in their children’s best interests, Parham v. J. R., 442 U. S. 584, 602; there is normally no reason or compelling interest for the State to inject itself into the private realm of the family to further question fit parents’ ability to make the best decisions regarding their children. Reno v. Flores, 507 U. S. 292, 304. The state may not interfere in child rearing decisions when a fit parent is available. Troxel v. Granville, 530 U.S. 57 (2000).

Loss of First Amendment Freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury. Though First Amendment rights are not absolute, they may be curtailed only by interests of vital importance, the burden of proving which rests on their government. Elrod v. Burns, 96 S Ct 2673; 427 US 347, (1976).

Law and court procedures that are “fair on their faces” but administered “with an evil eye or a heavy hand” was discriminatory and violates the equal protection clause of the Fourteenth Amendment. Yick Wo v. Hopkins, 118 US 356, (1886).

 11th JUDICIAL CIRCUIT IN/FOR MIAMI-DADE COUNTY, FLORIDA CASE NO. 2008-029595-FC17 ~~ INGUANZO vs. ROSE ~~~~~~~~



As described in Dr. Xxxxx's Report, the Petitioner (he and) his family never presented any history of mental illness or disease. That as described in this Petition, the actions of the Respondent/Mother and these Court proceedings is what caused the Petitioner/Father trauma and injury and the reason he sought the help on an “emergency basis” on October 30th, 2008. Herein described in paragraph 3) (G) (3) and all of its subparagraphs are the initial traumatic events that led to the Petitioner/Father’s trauma and injury and misdiagnosis of having a “mental illness” as described by his initial treating psychiatrist instead of his current diagnosis by Petitioner/Father’s current treating psychiatrist/neurologist of a “psychiatric injury” that has caused him Post Traumatic Stress Disorder and the consequential Situational Depression. As a result Dr. Xxxxx, the Court Appointed Psychologist, has gathered misinformation which was reported to and used in Judge's Final Judgment.

See Hoffman v. Foley, 541 So. 2d 145 - Intentional and malicious interference with parent's timesharing causing emotional distress.  

“Within a system which denies the existence of basic human rights, fear tends to be the order of the day. Fear of imprisonment, fear of torture, fear of death, fear of losing friends, family, property or means of livelihood, fear of poverty, fear of isolation, fear of failure. A most insidious form of fear is that which masquerades as common sense or even wisdom, condemning as foolish, reckless, insignificant or futile the small, daily acts of courage which help to preserve man's self-respect and inherent human dignity. It is not easy for a people conditioned by fear under the iron rule of the principle that might is right to free themselves from the enervating miasma of fear. Yet even under the most crushing state machinery courage rises up again and again, for fear is not the natural state of civilized man.”Aung San Suu Kyi, Freedom from Fear








 
The Equal Parent Presumption: Social Justice in the Legal Determination of Parenting After Divorce - The Equal Parent...
Posted by Children's Rights on Friday, August 21, 2015

4 comments:

  1. Dear Governor Pence, January 23rd, 2015

    I am writing you today about issues that affect a lot of parents in our country but I can only speak for my experiences from the State of Indiana. Other parents will have to write you or their politicians about their issues. I write today about a known, widespread problem of a broken Family Court System and Child Protective Services that turn a blind eye for only reasons they can answer. Are you a supporter of people's rights? Last I checked children are people with rights though their voices are ignored. I do not ignore my children so when they came to me and said, "Daddy, I am being abused" I tried to protect them but the system failed to help protect my children. I will outline some of the failures by the systems in place to protect our children in the summary below. It all started in December 2013 when my 3 oldest children told me of serious allegations against their mother and her newest man in their lives. For a few preceding months, I had noticed personality changes of their mother, who I have known 20 years. These changes, along with the game she played with my special needs daughter's medicine on our trip, made me VERY concerned. I could have called CPS with the evidence I had at that time and been justified but I instead chose to hope I was wrong. A few weeks later, I made a trip back to Indiana and began talking with teachers and doctors, noticing a disturbing pattern. Again, I could have called CPS and been justified but I decided to go talk with their mother, the person who until recently I had been able to co-parent with for 6 years. It was shaky at times but we managed to put our feelings away and do what was best for our children. I talked with her face to face and she assured me the issues would be taken care of immediately. Several weeks later, it was brought to my attention that these things were not taken care of as promised. Enter CPS. They failed to properly investigate the issues. I know this because I never received a call requesting my evidence but yet instead a call from them stating case closed. I was later told by the children that they were interviewed with the abusers around and were scared to talk. I received emails from the other parents making fun of me, calling me names and saying as the children's father I was nobody. I was accused, by someone that had been around for less than 6 months, that I did not know how to give my 13 year old her medicine. These emails attacked my spouse and innocent children. They even joked about how quickly CPS closed the case. Then the parental interference that had been going on for several months was intensified. Packages refused. Ipads that could only text or facetime daddy were sent back. Communication was made as difficult as possible. During the children's summer visitation, minus my son who was not allowed to visit, I was told of more disturbing physical abuse, emotional abuse, verbal abuse and neglect. I did not make a CPS report right away but again reached out to their mother until I found out about even more medical neglect of our children by their mother, who is a licensed Registered Nurse in your state. This included a special needs child but yet again CPS did nothing. They were quick to listen to the mother's side but were never interested in the children's best interests. They again interviewed the children in front of their abuser. I guess in Indiana you only need one side of the story to make crucial decisions about the safety of Hoosier children. I was to appear, on two separate dates, in Madison County and Delaware County Courts in October but unfortunately was denied the ability for phone or video appearance. In early 2013,

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  2. CONTINUED...
    I had to move to California for treatment to prolong my life from a genetic disease that also affects 3 of my children. I could not afford a trip to Indiana to defend myself or my children. My only income is disability which Indiana currently takes over 1/3 for bogus back child support in Delaware County. How is it I have been disabled since 2010, before the support case was even filed in court, but they made my payments off my 2007 income? How is it the court refused my evidence from multiple doctors stating I could not work and would require ongoing medical treatment during my modification hearing? How was the mother of my son who is higher educated than me with a college degree and able bodied allowed to quit her job and live off the citizens of your state while I was held to a different standard? Why is their no accountability or checks and balances to decisions made by the Indiana Family Court System? Why are they allowed to do whatever they chose and destroy the American Family? Delaware County has continuously put out frivolous warrants against my freedom making it next to impossible to defend my children. Speaking of Delaware County...My son's mother has stood in the way of me spending time with him since birth. The courts and outdated laws support this nonsense. Yes, I was not married to his mother but how does that give me no rights? Last I checked we both made mistakes and it took us both to conceive him but she gets him like property because as she told me "He came from my coochi!" It has been 12 months and 17 days, as of the date of this letter, since I have seen my little man. I love that boy! I cry for him and his sisters every night as I pray they are safe. My 13, 10 and 7 year old daughters have not been allowed to visit me in 6 months. This Christmas break was the first in their
    lives I have not spent time with them. God I miss them so much! I fought like hell the last 4 years to stay alive for one and ONLY one reason. That reason was so I could raise my children and watch them become amazing adults. They need me as much as I need them. I will fight just as hard for them to have a voice as well. My children came to me for help. I have reached out to so many people that could have stopped this from happening but no one listened. I will not give any more information because I doubt you are listening but maybe somebody will eventually listen to my side and protect those beautiful children that simply asked for help. I have always taught my children there are no problems, only solutions. I think all of our children deserve a solution that is truly in the children's best interest. Until then the alienation will continue and I will receive threats from the alienators. As I was told in the most recent message from the other parents, "When you left, you made a conscience decision to abandon and forego activities and decisions in their lives." How do you reason with people that think this way? If you have read this then I thank you for your time and apologize for assuming you would not listen.
    Sincerely,
    Paul Hughes
    www.disableddaddy.com

    ReplyDelete
  3. January 28, 2015

    Dear President Obama:
    Dear Representative Ros-Lehtinen:
    Dear Senator Nelson:
    Dear Senator Rubio:

    We, the undersigned, are writing in hopes of bringing to your attention a dire misjustice that is occuring in our state as well as many others across the US. Laws inacted to protect the victims of the vile crime of domestic violence are being misused by both citizens as well as law enforcement, and in this process innocent men's lives are being destroyed. In most states, the burden of proof is being thrown out and the simple word of the acuser is being taken without question, many times without the accused even being allowed to speak. True victims of domestic violence, some of whose names you will find below, find this to be deplorable. Not only can a woman falsely accuse a man of domestic violence without fear of consequence, but the accused man has no voice against her. The accuser can be a mentally disturbed individual using such laws to exact her revenge against a man who simply does not want to be in a relationship anymore, and her word is automatically taken, even when no evidence is in place. The man in such cases is automatically arrested, injunctions are automatically set in place, and even if he is able to prove his innocence in court he has lost months of his life due to the fact that she cried wolf. Worse yet are the cases of these innocent men who are poor and have no means to hire private attorneys. Their public defenders assume they are guilty and therefore do only the bare necessities to be their legal voice.We are not in any way asking for a revocation of the laws that protect true victims of domestic violence. Our wish is that these laws be revisited and indications made to to allow for criminal and civil prosecution when someone, whether male or female, has misused these laws in a vindictive and cunning way. We also would ask that law enforcement officers, public attorneys, and judges be forced to recognize the precept that the accused is innocent until proven guilty. Unfortunately, in the cases of domestic violence accusations, the opposite is true. An example of this is that of a 20 year old Florida resident who made the bond that was set for him, only to be picked up the very next day without provocation. The acuser in this case simply told the court she was afraid. He had done nothing in terms of trying to contact her or see her, and was not without several witnesses the few short hours he was free. Something must be done to prevent those who would lie about being a victim of domestic violence from continuing to do so. If it is not, our prisons will be overrun with innocent men and our streets will be controlled by the women who sent them there.

    A False Police Report of Domestic Violence was given to my daughter\'s mother by the Miami-Dade Police Department after I put my best foot forward 6 years ago when I filed my Paternity Suit. The complete explanation of this nightmare available on my Children\'s Rights Blog the article called \"Reckless Disregard\" at http://www.ILoveAndNeedMyDaughter.blogspot.com . During this ordeal I have successfully completed 36 weeks of supervised visitation with my daughter at the Lawson E. Thomas Courthouse Center. I've received superb references via reports written by Family Court Services staff/observers that were submitted to Judge Manno-Schurr of the 11th Judicial Circuit of Miami - Dade County Florida and are archived in case no. 2008-29595 FC 17. Keep in mind that I have joint custody of my son. The point is that anyone and everyone that has seen my daughter and I together knows that I am a great dad. The Judge refuses to read the entire history of the case and after 3 reports that indicate I\'m a great father she refused to accept my suggestion that my daughter and I meet with her in Judge\'s Chamber. She refused saying she was not a psychologist. I said to her that she doesn't have to be a psychologist...she just has to be HUMAN. — at Family Courthouse -Miami-Dade.

    Respectfully,

    Mr. David Inguanzo

    ReplyDelete

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