Showing posts with label florida lawyers. Show all posts
Showing posts with label florida lawyers. Show all posts

Friday

Parental Alienation is Recognized as a Form of Child Abuse by American Psychological Association

CASE STUDIES OF PAS IN COURT

Compiled by DV LEAP, Joan Meier, Director, and Andrew Hudson (intern) for consideration by the Committee on the DSM-V

The following brief compilation includes cases that DV LEAP is aware of, either through its own litigation, that of colleagues, and/or press accounts. Where there are published appellate opinions, cases are cited instead in the accompanying memorandum overview of all published cases referencing PAS as of 2009. A very few cases are cited in both this memorandum and the accompanying one.

Tuesday

Parental Rights to End at the School Door?

In a recent article of the Fairfax (VA) Times [1], a school board candidate wrote,

“some members of the School Board argued the school’s duty in loco parentis – to stand in the parent’s place – essentially means that parents’ rights over their children end at the school door. No parent in Fairfax County would agree.”
You probably wouldn’t agree, either. Unfortunately, the Ninth U.S. Circuit Court of Appeals already has. In its 2005 case Fields v. Palmdale [2], the court held that the parents’ fundamental right 

“does not exist beyond the threshold of the school door.”
In Palmdale, the issue was a graphic sex-ed curriculum. In Fairfax, it was interrogating students without notifying parents. But whatever the issue,

“once parents make the choice as to which school their children will attend, their fundamental right to control the education of their children is, at the least, substantially diminished. (Fields v. Palmdale)
This should not be the case. Please act now to reverse this assault by big government courts against parental rights.

Then, pass this on! Every parent of a public school student needs to know the extent to which the courts have robbed them of their rights. Add the message to your Facebook page, or use the button to add it to any social network.

Every child has the right to be raised and represented by parents who love them, and not by disconnected government bureaucrats. Help us to preserve that right today!

Wednesday

Hey Family Court!! You are disabling me by the severity of your denial of contact with my child. Here's the medical evidence.

The Toxic Stress of Family Court

"A request for disability accommodation asking for the correction of this disability-causing problem would surpass reasonable into necessary.

"Court, you are disabling me by the severity of your removal of my children. Here's the medical evidence. Here's my request that you fix your proceedings/process and stop hurting our child/ren."

Understand that having your kids taken from you is not something the courts should be doing lightly. We all know that, but how does one push the issue before a court headed by entrenched child trafficking corruption?

My opinion is that no one should be bothering with that. Instead, it seems clear to mine eyes that "child separation anxiety" and subsequent "grief" are together "distinct mental disorder" clearly qualifying individual sufferers as "disabled".

The right of access to LEGITIMATE court services is discussed in Tennessee v. Lane. ~ 

"Title II (of the ADA) is aimed at the enforcement of a variety of basic rights, including the right of access to the courts at issue in this case, that call for a standard of judicial review at least as searching, and in some cases more searching, than the standard that applies to sexbased classifications."

Thursday

How can we celebrate Freedom with a chain around our ankle?

The 4th of July Celebrates Freedom
Right?

Independence or In-Dependence Day?
Freedom is a word we throw around about the United States. We're free to drive from state to state without inspections.  We're free to go to the church or school we want.  We're even free to marry whoever we want.  And that's where the freedom ends.  Once you are married, the state has a firm grip on your future.  50% of marriages end in divorce.  People change. Depending on the reasonableness of each spouse, the divorce will either be amicable or horrible.  Family law attorneys prefer horrible.  There's much more money to be made! 

So what do we do about it?  Since 2011 we have been working to update Florida's antiquated family laws.  In 2013 and 2016 Gov. Scott vetoed bills that were overwhelmingly supported by the Florida House and Senate.  In 2015 the Florida House did not finish their session and went home early, leaving many good bills to die, including alimony reform.  What is to keep Gov. Scott from vetoing another bill?  Two things.


First, we will support alimony reform and/or child sharing as separate bills, unless we have specific knowledge that the Gov will sign a bill that somehow combines both. We will do our best to check with the governor to see what he will sign and what he won't sign.  Rep. Workman told us last year that Gov. Scott would veto any bill that had child sharing attached to it. And the governor did just that.  Working backwards, we'll help craft a bill that Gov. Scott will sign.


Second, we need a public outcry!  Last year having 10,000 people asking Gov. Scott to sign the bill wasn't enough.  We need 100,000 Floridians to stand up for our families and demand that the Family Court System helps to end a failed marriage without ripping the family completely apart!  The destruction of Florida families is largely due to the existing laws that many Family Law Attorneys use to divide the family and conquer the bank accounts.  Conflict creates great income opportunities for Family Law Attorneys. A mediated outcome without opposing attorneys usually will get the best long term result for the entire family at a fraction of the cost. Most family law attorneys appear to be against this straightforward solution. Wonder why?

So when you see the fireworks, listen to the music, enjoy the hamburgers, hotdogs, potato chips and drinks, enjoy the freedoms we have, but stand up and fight for the freedoms our state took away from us.  If you don't pay alimony to your ex-spouse who is capable but refuses to work, you go to jail. That Is Not Freedom!!!! You have broken no laws, but still go to jail.  Think about it!!

Then get involved! It will be great to celebrate July 4th and be totally FREE! No more ball & chain. The sooner you get involved, the sooner we will all celebrate! 

POINT OF VIEW: Craft reasonable legislation to reform alimony system 


Saturday

A Year Without My Daughter...here's to you Judge Valerie Manno-Schurr.


I never thought that i would ever believe there were real fathers that really love their children because my parent inflicted so much pain ,abuse that it crippled us mentally I found help in therapy 16 year's of hard core therapy and after it all who won me" i did not stay crippled , what I am trying to say is i admire the fight fathers put up for their children. please keep it going i believe in good fathers now , please continue to give the little angel by your side lucky stars and when she grows up she will sparkle and and she will say my dad gave me so much love and i am going give lots of to my children some day. God Bless you and your children.
Sincerely,



Do her mistakes qualify her for another six years on the bench? Or is it time that Miami-Dade voters look for someone who is more competent…Read More


Judge Manno-Schurr Reversed again for not knowing the law - United Auto Courts Reports

United Auto Courts Reports ~ Valerie Manno-Schurr has made a habit of being reversed in her first term as Miami-Dade circuit judge. The latest instance was on Feb. 29, when the Third District Court of Appeal determined that she erred in a dispute over a homeowner’s insurance claim. Judge Manno-Schurr has been reversed many times on cases taken to appeal. As of late 2011,…Read More

Intentional Infliction of Emotional Distress

abusive parent no excuse

The first case to recognize a non-custodial parent’s cause of action based on the tort of…Read More

This means Family Court discrimination against parents and children who suffer from PTSD legal trauma!


Sanders: End Discrimination Against People with Disabilities -- Sen. Bernie Sanders called for an end to all forms of discrimination including against people who may have a disability.  THERESPECTABILITYREPORT.ORG

"Never give in. Never give in. Never, never, never, never in nothing, great or small, large or petty never give in, except to…Read More


And, with 40% of working women out-earning their husbands, women are more and more becoming alimony PAYORS.

FLORIDA’S ALIMONY PAYORS
– ON THE GANGPLANK OR TREADING WATER

As a non-profit organization, Florida Alimony Reform’s lifeboat pulls alimony PAYORS out of treacherous waters by providing education, support and the political platform to stimulate legislative change.
Their mission is to improve Florida’s alimony law memorialized in the 1860’s and slightly tweaked in 2012 – so that both party’s – the potential PAYOR and RECIPIENT of alimony – are equally considered before alimony is awarded and during their lifetime for changes in circumstances.
With a new alimony bill submitted for review to the Florida legislative in September 2015, opposition continually makes alimony a feminist issue – but it seems to be more about who has the most money.
And, with 40% of working women out-earning their husbands, women are more and more becoming alimony PAYORS.
During a recent committee meeting, women testified tearfully about hardships for their children – and while family matters tend to be emotional for men and women, it is important to note that Florida’s Alimony Law has nothing to do with Florida’s Child Support Law.
State seal of FloridaIn addition to increasing the fairness and reducing costs for divorce and alimony proceedings, if passed, the new alimony bill would not be retroactive, and will not result in termination of alimony for senior women, who represent less than 1% of alimony recipients.
The new alimony bill has a lot of support behind it, as Florida’s citizens are PAYORS that must live with the uncertainty of how they can pay – once they no longer can work.
In other words, how the State of Florida should consider changes in their circumstances – for example, when PAYORS are burdened with dramatic drops or complete stops in income, at retirement when social security starts, and when permanent or temporary medical and handicapped conditions arise.
Worse, rarely do the RECIPIENTS changes in circumstances come into play – such as when a RECIPIENT is fully supported by a live-in partner and no longer needs alimony to survive – or when a RECIPIENT is qualified to work but holds off looking for a job because they would lose alimony.
Current law does not afford the PAYOR nor RECIPIENT to plan for the future. If elected officials do not bring some measure of predictability and fairness to the equation, both sides can end up bankrupt when the PAYOR’s income stream ends.
Support Florida Alimony Reform at FixAlimony.com, or call 800-239-0867.


First Husbands Advocacy Group - Florida Alimony and Custody Laws Reform We LOVE and THANK Representative Ritch Workman for all his hard work, determination, and passionate support for Alimony Reform.

This is his speech from the 2015 Legislative Session.

It is powerful, heartfelt, and inspiring. The legislators and the Florida Bar Family Law Section are in agreement about the need for alimony reform. It is long overdue.


On January 12, 2016 the Florida Legislature session begins and we are confident Alimony Reform will finally be a reality. 
There is overwhelming support for Representative Burton's HB 455 and Senator Kelli Stargel's companion SB 668. 


Friday

A Florida Judge's Horrible Idea on Family Law Reform.

What does alimony have to do with “The Baby Mama Syndrome”? Next to nothing. Only married people getting a divorce can get alimony. On the other hand, Florida legislators keep trying to pass alimony “reform,” a code word for changing the law to the disadvantage of people who need protection or help.

The proponents of “alimony reform” combine it with a provision that would require a judge to “presume” that parents, whether they’re married to each other or not, are entitled to 50-50 time-sharing of their children. In other words, the judge would be told by the law to assume that each parent is entitled to have the child half the time.
That’s a horrible idea.

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Means we use must be as pure as the ends we seek.

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