A system which denies the existence of basic human rights!

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

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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. 

The Equal Parent Presumption: Social Justice in the Legal Determination of Parenting After  Divorce Book - In custody battles over the children of separated parents, the prevailing standard of evaluating what is in the "best interests of the child" has been scrutinized because of the discretionary nature of what is "best" and because of the bias in favour of the child residing in one "primary residence." In response, a cons... See More

The Equal Parent Presumption: Social Justice in the Legal Determination of Parenting After  Divorce

Book - In custody battles over the children of separated parents, the prevailing standard of evaluating what is in the "best interests of the child" has been scrutinized because of the discretionary nature of what is "best" and because of the bias in favour of the child residing in one "primary residence." In response, a cons...

See More

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.   

 Florida Legal Malpractice and Attorney Ethics with Children's Rights and 3 others at Florida Stat of Judicial; Crct CT 11th Judicial; Cou

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).

 Families Civil Liberties Union www.fclu.org's post — reading Civil Rights with Reform FamilyLaw in Florida.

 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

— at Pending Emergency Hearing - Judge Manno-Schurr -- Inguanzo vs. Rose 08-29595 #StandupforZoraya

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Post by And Justice 4 All ~ Florida.

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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

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