Showing posts with label Joint custody. Show all posts
Showing posts with label Joint custody. Show all posts

Sunday

Enact Uniform Parenting Guidelines in Family Law


Repeal Inconsistent Rules and Presumptions - Ask the Family Court to adopt uniform rules requiring equal parenting time




OUR LEGISLATORS CAN PROTECT US FROM THE HORRORS OF FAMILY COURTS TO IMPOSE EQUALITY STANDARDS

Our Constitutional right to bear arms is front and center in state and federal legislatures.  But where is the debate on protecting our basic human rights to parent our children? (also constitutionally protected by the 14th amendment)  Every day in every state, mothers and fathers lose their basic human right to parent their children.
Why?  Because the divorce industry wants your family’s money!  Estimated at $170 Billion annually!  How? We all have a family member, friend or neighbor who has been through a nasty divorce.  Most of us believe children need both parents equally and that there exist a standard of 50/50 custody that the courts start from.
NOT TRUE!!!!  THERE IS NO PARENTING TIME STANDARD!!! THIS LACK OF STANDARD CREATES 90% OF ALL DIVORCE CONFLICT AND DIVORCE LITIGATION!!! IT DESTROYS FAMILIES AND LIVES!!!  STOP IT NOW!!!!!
In litigated divorce, there is no standard as to how children should spend their time between parents.  The lack of a parenting time standard causes our children to be viewed as a prize where unethical lawyers and custody evaluators use them as pawns between parents.  If there were a parenting time standard, it would resolve over half of divorce litigation taking place right now.

MAKE PRESUMPTIVE 50/50 THE REBUTTABLE STANDARD AND ELIMINATE CUSTODY EVALUATIONS

Start with the presumption that both parents are fit and entitled to an equal role in their children’s lives.  This presumption is rebuttable only by findings of fact based upon a preponderance of evidence in abuse, neglect or addiction.   Everything else unconstitutionally denies parents their rights to parent children.

ONLY OUR LEGISLATORS CAN PROTECT US FROM THE DESTRUCTION OF DIVORCE WITHOUT OBJECTIVE AND EQUAL STANDARDS

The divorce industry is $170B annually and motivated to oppose standards so they can create, promote and perpetuate conflict to increase billing hours exponentially.  Have you ever heard “It's only the lawyers who win in divorce”?
Add to lawyers: custody evaluators (duplicate roles in some states), criminal lawyers, courts, psychologists, therapists, investigators, GALs, an entire cottage industry of brokers! With overdue and demanded, simple and just changes to state statues, families and children can be forever protected from the ravages of the divorce industry by a simple and equal standard. The lack of a presumptive 50/50 rebuttable standard destroys lives and families, often forever.  Children as pawns can be scared for life, arbitrarily lose a parent, or two, for life and are in much greater peril in life.  Mothers and fathers lose their children and react badly.  Suicide and homicide is not uncommon.  Mothers and fathers can be jailed for protecting their children or going bankrupt.



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Family Matters with Wendy Archer
Wendy Archer, Parental Alienation Awareness and Education Advocate, has been involved in Parental Alienation Awareness and the related necessary Family Court Reform since September 2009.  Wendy founded The LRC Foundation Inc, a non-profit Texas Corporation.



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Family Matters visits with Dr. J. Michael Bone
Parental Alienation and Family Court Cases involving Parental Alienation and Parental Alienation Syndrome (PAS) are perhaps the most vexing and difficult that exist in Family Court. These cases require careful and painstaking preparation, analysis of voluminous documentation, preparation of experts and collateral witnesses. They can be difficult to demonstrate in court and include arduous steps that exceed the normal representation of a Family Law case without parental alienation. These cases exploit and wear down the system and do so in the service of the alienation.


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Men Matter with Dr. Maguire & Melody Brooke
This project will only be funded if at least $120,000 is pledged by Friday Sep 9, 10:47pm EDT. Hollywood won't make this movie or tell this story. This is not a “politically correct” film, it goes against the current media position on the role of father’s in children’s lives and is NOT something that can be funded through traditional sources. This is an important message. The film needs to reach millions worldwide. To do that we have to do a better job than you typical special interest indie film. Mass appeal demands an entertaining, funny, and well acted film with great production values.

Saturday

Fix Dysfunctional Family Courts

In a session on best practices for working with parents with disabilities, attorneys from Bronx Defenders, give guidance...
Posted by Children's Rights on Thursday, August 20, 2015
FIX FAMILY COURT

The courts dealing with children, parents, families, and divorce are horribly broken. Children, mothers, fathers, and grandparents are being severely damaged by the broken system.

Bill Windsor, producer and Director of Lawless America...the Movie developed the following list of proposed legislation from his interviews with over 750 people in every state. Hundreds of people submitted ideas to be considered.

1. All court proceedings shall be recorded, and all parties shall have the right to do their own recording of all proceedings.

[Judges and attorneys get away with lies, concealing the tone of their comments, and falsifying court transcripts; this will be a tool to make them more accountable while protecting the fundamental rights of the parties.]

2. Judges must address all points raised by all parties in every court decision with a clear explanation with citation to determining facts, statutes, and case law.

[One of the dishonest/corrupt techniques used by judges is to ignore the issues, facts, and law. By forcing judges to address the issues, facts, statutes, and case law on each issue in their orders, judges will either treat the parties fairly or expose their corruption for all to see. When judges violate this provision, an aggrieved party will now have the ability to take the matter to a Special Grand Jury.]

3. Judges must insist that people tell the truth in court with extreme consequences for those who don't.

[There are rules that will make the legal process infinitely more fair and less expensive. Judges must honor and enforce the rules. It is one of the only ways to get witnesses and attorneys to be more honest.]

4. All family court trials shall be by jury.

[Family court abuse and corruption is one of the most widely-criticized. Judges and their friends involved in the family court process create a situation ripe for injustice and corruption. We must remove the judges from this life-altering process for so many people. Let a jury of local citizens with their own families make these serious decisions.]

5. It shall be a child's right to be raised by his parent(s), free from government intrusion; have an attorney of his choice; be heard in court personally; be allowed to report abuse and know that the system will protect them; be protected from mental and physical abuse by guardians as well as the judicial system; and receive justice.

[Currently, the way children and their families are treated by the judicial system is a crime in and of itself. We the people must protect families and the children. These rights must be mandated because the existing system is hopelessly broken.]

6. No child may be taken from family without evidence and a hearing.

[Children are being removed from their homes at the whim of people. This life-altering decision must first be made in court and decided by a jury. We cannot allow families to be torn apart by people who should have no authority to take such serious action.]

7. All children deserve to live a childhood free from abuse, exploitation, and government interference during custody litigation.

[Custody litigation is devastating to many. The children must be protected not damaged by the system.]

8. The statute of limitations shall be eliminated in cases of sexual assault against children. The statute of limitations shall be eliminated in cases of perjury and fraud upon the courts.

[Laws must not be used to deprive citizens of recourse for wrongdoing.]

9. Whenever a criminal matter is raised in family court, that matter must pass to a criminal court where all normal criminal due process procedures, etc. apply.

[It is outrageous that criminal issues are raised in family court, and the accused is denied all of the legal protections.]

10. Hearsay shall not be allowed in family courts.

[Currently, judges make decisions based on whatever one side is willing to say in court. No evidence. No objections against hearsay, etc.]

11. Custody should be shared by both parents unless there is proven abuse or neglect.

[Some will disagree with this, but I happen to believe that both the mother and father are important to a child.]

12. Grandparents shall be listed on all birth certificates, and grandparents shall have automatic custody rights if their child is unable and they are willing and able. Grandparents are not always a good answer, but they should be looked at FIRST, and not as a second thought.

[The money-making machine that is Family Court doesn’t want children to go to their grandparents because there is no money in it for the system. This must be changed.]

13. There shall be no statute of limitations for child abuse.

[Protect children forever.]

14. A Citizens Review Panel shall be established to monitor all children and family matters.

15. No child, teen, or young adult may be forced into residential treatment facilities and forced to take drugs without parental authorization.

16. Child support, custody, and visitation shall be treated as one issue in family court.

17. Child support shall be based upon an ability to pay. There shall be no child support in a 50/50 custody arrangement.

18. If a parent cannot pay child support, that parent shall not be jailed. Parents who do not pay child support may be sued for fraud, and if a jury determines that fraud was committed, a judgment may be entered against the parent, and the court may revoke the driving privileges of the parent. No one should be jailed for non-payment of anything.

19. All children and family court proceedings should be public. The only ones they are protecting are the criminals.

20. Children shall be taken from parents only in extreme situations of abuse or neglect, and those decisions shall be made only by a jury after a full evidentiary trial.

21. Civil court requirement of a preponderance of probability shall be required in family court.

22. Where accusations of abuse are falsely made, there should be sanctions and criminal charges filed.

23. There shall be no custody rights granted to convicted domestic abusers. This is how they gain ground to further manipulate their victims.

24. Anyone who feels their court experience was improper may have their case reviewed by a Special Regulatory Grand Jury.

25. “Parental alienation” must be recognized as a problem and should be considered unacceptable.

26. No one shall be placed on any child abuse registry without a jury trial and a conviction for child abuse.

27. A “Safe at Home” program shall be established to protect citizens by having their addresses and contact information suppressed.

28. Remove any gender specific federal funding from Family Courts.

29. Cap GAL fees.

30. Mandate GAL's have to carry a specific level of education in the field of Social Work (BSW).

Bill Windsor and Lawless America developed additional ideas for legislation to fix the corrupt legal and judicial system: http://lawlessamerica.com/images/stories/GRIP/state%20legislation%20proposal-2012-09-26.pdf

Here is a video in which Bill Windsor presents Proposed Legislation for Family Courts --https://youtu.be/mWWA2FXyEU4

If you don't know Bill Windsor's story, here is a summary: http://lawlessamerica.com/index.php?option=com_content&view=article&id=1777%3Amovie-producer-bill-windsor-could-spend-the-rest-of-his-life-in-the-montana-state-prison-for-filming-a-documentary&catid=158%3Anews&Itemid=236

Image copyright busaca.com and Friends of Bill Windsor
 — in United States.

Thursday

Support Circuit Court Judge Lisa O. Gorcyca - Contact Denial Parental Alienation is Child Abuse

The research on divorced fathers is clear about their most pressing need: their continued meaningful involvement with their children, as active parents. The lack of recognition of this primary need is the main reason for therapists’ lack of success in engaging alienated fathers.

Stop Emotional Child Abuse - 2015

Support Judge Gorcyca - Parental Alienation is Child Abuse - 2016We applaud this judge for taking a stand against Parental Alienation and dealing with an abusive mother.

The complaint accuses Gorcyca of misconduct in her handling of the case and for making false statements to the commission in response to its initial inquiry about the long-running case involving the three minor children of Maya Eibschitz-Tsimhoni of Bloomfield Hills and Omer Tsimhoni of West BloomfieldSource: Bloomfield-Bloomfield Hills Patch

Child custody disputes can be very stressful. In cases of parental alienation in divorces, one parent repeatedly presents a negative view of the other to the child, so that the child no longer wants to spend time with the other parent. Such actions destroy the crucial parent-child relationship rather than strengthen it, and the child ends up suffering as a result,"

Catch Up on This Story

Sunday

Not Allowed To Love A Parent - Redacted Transcript Family Court





The following is my argument to the Court in the Parental Alienation case, Nov 2014. Identities are protected by substituting information contained inside the parentheses.

CLOSING ARGUMENT BY MR. HUGUENOR:
YOUR HONOR, DR. (ABC).  FAMILY COURT SERVICES FOUND GREAT CONFLICT, (THE CHILD VICTIM OF PA) WAS BEING PLACED IN THE MIDDLE OF THE CONFLICT AND PHYSICAL HARM TO (THE CHILD VICTIM OF PA).
DR. (ABC) STARTED THE CONJOINT COUNSELING.  HE (THE DOCTOR) TESTIFIED THAT HE WAS AWARE OF THOSE FINDINGS.  HE TESTIFIED THAT IT WAS PART OF HIS PURPOSE TO EVALUATE WHAT WAS CAUSING THE CONFLICT AND HARM AND THE PLACING (THE CHILD VICTIM OF PA) IN THE MIDDLE.
DR. (ABC) TESTIFIED THAT HE FOUND NO INCIDENT OF (THE TARGETED PARENT) CREATING CONFLICT.  THE CONFLICT WAS CAUSED BY (THE PARENTAL ALIENATION PERPETRATING PARENT).
(THE PERPETRATING PARENT) DID NUMEROUS THINGS THAT PLACED THE CHILD INTO THE MIDDLE OF THE CONFLICT.  (THE PERPETRATING PARENT) HAD EXPRESSED TO THE (CHILD—VICTIM OF PA) THAT THE (TARGETED PARENT) WAS ESSENTIALLY OF NO VALUE.  (THE PERPETRATING PARENT) DID THAT DIRECTLY TO DR. (ABC) IN HIS OFFICE.  HE FOUND THAT THE CONFLICT WAS SIGNIFICANTLY HARMFUL TO THE CHILD (VICTIM OF PA).  HE FOUND THAT IT WOULD BE DETRIMENTAL TO THE BEST INTEREST OF THE CHILD, DETRIMENTAL TO THE CHILD'S WELFARE FOR JOINT CUSTODY, JOINT PHYSICAL CUSTODY TO CONTINUE.
(THE DOCTOR) DESCRIBED THE SITUATION AS STAGE THREE OF PARENTAL ALIENATION.  HE DESCRIBED THAT (THE CHILD VICTIM OF PA) WAS NOT ALLOWED TO LOVE (THE TARGETED PARENT) IN THE (PERPETRATING PARENT’S) HOME.  (THE CHILD) WAS NOT ALLOWED TO RESPECT THE (TARGETED PARENT).  HE SAW (THE CHILD VICTIM OF PA) AT TIMES WHEN (THE CHILD) HAD COME FROM (THE PERPETRATING PARENT)'S CUSTODY AND TIMES WHEN (THE CHILD) CAME FROM (THE TARGETED PARENT)'S CUSTODY, AND HE FOUND A COMPLETELY DIFFERENT CHILD, A CHILD WHO WAS HEALTHY IN (THE TARGETED PARENT)'S CUSTODY.
HE FOUND NO EVIDENCE OF SUBSTANCE ABUSE, ALTHOUGH (THE PERPETRATING PARENT) REPEATED SUBSTANCE ABUSE OVER AND OVER AND OVER.
AND THERE WERE TWO STATEMENTS FROM (THE CHILD VICTIM OF PA).  ONE, EXHIBIT (X), IN WHICH (THE CHILD VICTIM OF PA) IS DESCRIBING SUBSTANCE ABUSE (OF THE TARGET PARENT) TAKING UP THE STATEMENTS OF THE (PERPETRATING PARENT).  DR. (ABC) TESTIFIED THAT THIS IS COMMON IN THIS TYPE OF A SITUATION BECAUSE (THE PERPETRATING PARENT)'S LOVE IS CONDITIONAL LOVE, AND THE CHILD QUICKLY LEARNS THAT (THE CHILD) MUST ADOPT THE ATTITUDES OF THE (PERPETRATING PARENT) IN ORDER TO BE IN A POSITION OF LOVE WITH THE (PERPETRATING PARENT).
(THE CHILD VICTIM) WANTS TO LOVE THE (PERPETRATING PARENT).  (THE CHILD) WANTS TO LOVE THE (TARGETED PARENT).  (THE CHILD) DOES LOVE BOTH PARENTS, AND THIS (PARENTAL ALIENATION) IS CHILD ABUSE, AS DR. (ABC) TESTIFIED, FOR (THE PERPETRATING PARENT) TO ORCHESTRATE A SITUATION WITH (THE CHILD VICTIM) WHERE (PERPETRATING PARENT) IS TRYING TO CAUSE (THE CHILD VICTIM) TO REJECT AND WITHDRAW FROM (THE CHILD’S) (TARGETED PARENT) 100 PERCENT.
BASED ON THIS TESTIMONY, WE REQUEST SOLE PHYSICAL AND SOLE LEGAL CUSTODY OF (THE CHILD VICTIM) TO THE (TARGETED PARENT), AND TO TAKE (THE PA PERPETRATING PARENT)'S VISITATION DOWN TO MINIMAL, AND HAVE (THE PERPETRATING PARENT) WORK WITH A THERAPIST, WHOEVER, OF (PERPETRATING PARENT’S) CHOICE, WHO WILL THEN WORK WITH DR. (ABC) AND WILL TRY TO TRACK, OR THEY WILL TRY TO TRACK PROGRESS THAT (THE PERPETRATING PARENT) IS MAKING THROUGH ACTIONS, NOT JUST WORDS, WHERE (THE PERPETRATING PARENT) WILL NO LONGER PUT (THE CHILD VICTIM) AT RISK.
THANK YOU.

Thomas M. Huguenor originally shared to Guys With Kids - Important




When I was successful in prosecuting a child custody parental alienation (PA) case, a couple of weeks ago, I was thankful because PA is child abuse that is rarely proven.  When I say "proven" I mean to the extent that the Court significantly reduces the parenting time for the PP (parenting who is perpetrating PA). In a PA case, which I handled, a year ago, the Court's expert witness found that the PP had committed only acts of "bad parenting" although it was established, through another independent psychologist, that this parent had committed 20 acts of PA; and that the victim child had completely withdrawn from the Targeted Parent. Many experts are reluctant to acknowledge that, or they simply cannot recognize when, significant acts of PA have been committed. Also, many Family Court judges have had little or no training, or work experience with PA.  So, frequently, even when the Court finds wrongful actions have been taken by a parent; there is no finding of PA and nothing other than a warning to the PP to stop this behavior. PA is not visible in the way that a physical beating would be.  It can't be diagnosed by a police officer coming to a home after a 911 call. Please see the referenced article by Dr. Major which explains why PA is so hard to prove and, when it is, the finding rarely results in change of custody. However, allow me to conclude which the following: PA can be established in court. PA can be stopped and even reversed through appropriate court orders. In the next post I will include my closing argument to the Court so that you may see what factors I stressed as significant and my requested child custody modification orders.

Wednesday

"Oh, dry the glistening tear that dues that marshal cheek Thy loving children here in them thy comfort seek ..."

"Oh, dry the glistening tear that dues that marshal cheek, Thy loving children here in them thy comfort seek, With sympathetic care their arms around the creep, For oh they can not bear to see their father weep”  ― W.S. GilbertThe Pirates of Penzance - Act II

Jason Patric - #StandUpForGus championing for #SharedParentin...
Jason Patric - #StandUpForGus championing for #SharedParenting and children's right to love both parents #equally Donate TODAY!
Posted by Stand Up For Gus on Friday, September 11, 2015
 From Children's Rights Facebook Group. Join us!!
"Government shall never be forgiven for supporting and rewarding one parent as they punish and torment the other."

Stand up for Gus, for Megan, and for every child forced to choose between one parent or the other.

Our children are the casualties of a flawed and adversarial family court system which perpetuates and prolongs custody conflicts for financial gain.

Whether you realize it or not, this affects you and has a negative impact on our society. 

Lets help reform our dysfunctional family the court system and save future children from this emotional abuse. Children need both parents.

To help bring our cause to the next level call, message or email me:
Joe Barrow Cell: 760-899-4423
E-mail: april25.org@gmail.com

A Powerful Letter to Family Court Judges

When family court perpetuates abuse.

Kimberly Bowers wrote this open letter to Oakland County, MI Family Court Judge Lisa Gorcyca. The judge jailed three children for not having a "healthy relationship" with their estranged father. The mother is now under a gag order and has been banned from seeing her children. Details here.
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This letter seems to represent the experience that far too many parents have had with our Family Court system's response to allegations of abuse.
Kimberly originally published her letter here.
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An earlier post about this case is here. 

An initial post is here.For updates follow this blog on twitter here.

Sunday

Parents accused of failing to pay child support can defend themselves against the felony charge by saying it is "Impossible to Pay"

















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