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A Dad Hurts Too ~ Blog Talk Radio

Intentional infliction of emotional distress

Intentional infliction of emotional distress is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to IIED as the tort of outrage. -- Rationale for classifica... ~ Continue Reading From Wikipedia, the free encyclopedia · Edit on Wikipedia

Negligent infliction of emotional distress

The tort of negligent infliction of emotional distress (NIED) is a controversial cause of action, which is available in nearly allU.S. states but is severely constrained and limited in the majority of them. The underlying concept is that one has a legal duty to use reasonable care to avoid causing emotional distress t... ~~Continue Reading

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Reform is needed! Our children's wellbeing is at stake!!

Kids Need Both, Inc

1 week ago

A Mother's Day message from Dr. Mark Roseman of The Toby Center.

For an increasing number of moms, Mother’s Day without their children are expected, and characteristic. It’s characteristic of mothers who are court ordered to have visitation that they not see their children on this day. For dads, too, there are many whose children cannot spend time with their them.

Why? Court orders.

Court orders in Family Court, especially require parents to have a shared parenting plan, a plan which delineates when each parent may spend quality time with their children. Not because of social media, and cell phone compulsions. It is because when they separate and divorce, children’s time is allocated. Like any commodity. Litigation is used to advocate for a parent’s time; litigation is used to prevent a parent’s time. Consider: Thirty percent of parents who separate are very unhappy, angry, and vindictive. They seek to punish each other, or at least to claim themselves a victim of anything that will deprive the other parent of significant quality time with their children. Such parents are considered to be in ‘high conflict’ and seek to blame, deny, and often, to run away with the children.

Litigation damages many among these families, for there remains not enough opportunity for children to spend time with their parents, particularly, when their parents need to pay for shared parenting time that must besupervised. Supervised visitation is used by the courts when the judge believes there needs to be a neutral third party to observe, and guard against emotional and physical abuse.

But supervised visitation works when the custodial parent does not interfere with the child’s scheduled visitation. As Toby Center’s Program Director, I have seen this happen over thirty percent of the time. We can’t enforce visitation for those who may even have money to pay for this service.

Who can afford these unfunded services? Well, 40 percent of those asking for these services in Central Florida cannot. In South Florida, 30 percent cannot. Supervised visitation services are little funded in Florida. Florida’s funds come from the Federal Department of Health and Human Services (HHS), through their office of Child Support Enforcement. These monies are to be used by states for furthering supervised visitation and family mediation. These are cases found in the Family Courts.

Yet, in Florida, these monies are used solely and entirely by the Department of Children and Families through thirdparty case management companies. Though DCF client families benefit from funded services as visitation and therapy, even more significant are the needs of families whose child custody cases are heard in Family Court. In the latter case, such families did not have their children removed from their homes. Even though the reasons for family court action may be quite the same or similar to some in Dependency Court.

I have served in this field since 1999 when I began working in Washington, DC with the national Children’s Rights Council. Then, it was David L. Levy, Esq. who emerged the loudest advocate for joint custody, and established the largest network of supervised visitation locations. I was appointed by David to be the Assistant Director for Child Access. In charge of visitation curriculum and training, I joined David on numerous visits to the Office of Child Support Enforcement, meeting two Directors of CSE during the Bush Administrations.

Indeed, it was David Levy who challenged the Federal Government during the Clinton Administration to allocate money for families journeying through very costly child custody matters in Family Court. With his successful testimony on Capitol Hill (and he was a wonderful, passionate orator of my time!), David created this annual earmark so that more families would not be denied the visitation services so essential for building and strengthening parent and child relations.

Social research has shown that children best thrive when both parents are involved in their children’s lives. It is therefore incumbent upon grantors and state agencies to find the money to preserve our families post separation. If we do, then we will reduce the rate of alcohol and drug abuse, juvenile crime, teen suicide.

Mother’s Day. Father’s Day.

For the forty percent of public school children living in single parent households, nearly half of our families today, family holidays just ‘ain’t what they used to be’. But with more funds, and support, they come close.

KNOW YOUR PARENTAL RIGHTS!!

The U.S. Supreme Court has consistently protected parental rights, including it among those rights deemed fundamental. As a fundamental right, parental liberty is to be protected by the highest standard of review: the compelling interest test. As can be seen from the cases described above, parental rights have reached their highest level of protection in over 75 years. The Court decisively confirmed these rights in the recent case of Troxel v. Granville, which should serve to maintain and protect parental rights for many years to come.

As long as CPS is allowed to have an exaggerated view of their power and is allowed by state officials and the courts to exploit that power and abuse it against both children and parents, they will both be continually harmed. The constitution is there for two primary reasons, 1) to restrict the power of the government and 2) to protect the people from the government, not the government from the people. And the constitution is there to prohibit certain activity from government officials and that prohibition does not apply to one type or kind of official but to ANY government official whether it is the police, CPS or FBI.

“More money flows through the family courts, and into the hands of courthouse insiders, than in all other court systems in America combined – over $50 billion a year and growing. Through extensive research and interviews with the nation’s top divorce lawyers, mediators, judges, politicians, litigants and journalists, DIVORCE CORP. uncovers how children are torn from their homes, unlicensed custody evaluators extort money, and abusive judges play god with people’s lives while enriching their friends. This explosive documentary reveals the family courts as unregulated, extra-constitutional freedoms. Rather than assist victims of domestic crimes, these courts often precipitate them. And rather than help parents and children move on, as they are mandated to do, these courts – and their associates – drag out cases for years, sometimes decades, ultimately resulting in a rash of social ills, including home foreclosure, bankruptcy, suicide and violence. Solutions to the crisis are sought out in countries where divorce is handled in a more holistic manner.
Continue reading

Book review, The Place of the family court in the judicial system, by Roscoe Pound
Family Justice: The Work of Family Judges in Uncertain Times How to Win in and Out of Family Court: A Practical Guide Halving It All: How Equally Shared Parenting Works
Equally Shared Parenting: Rewriting the Rules for a New Generation of Parents

The Partner Violence Reduction Act

Gives first priority to real victims and reduces false allegations by constraining definitions and distinguishing between an allegation and a judicial finding of domestic violence.
Makes the law gender-inclusive and removes discriminatory policies.
Seeks to protect and restore families when the abuse is minor.
Removes harmful mandatory arrest, predominant aggressor, and no-drop prosecution policies, thus helping to restore due process.
Allows legal assistance to be provided both to the alleged victim and alleged offender.
Improves the accountability of domestic violence organizations.
Curbs immigration fraud
Removes provisions that violate the Constitution and restores civil rights to the accused.

The full text of the Partner Violence Reduction Act can be seen here

SAVE is a victim-advocacy group working for evidence-based solutions to partner violence.

Children's Rights Florida

http://www.mediaradar.org/

Posted by Children's Rights on Sunday, August 23, 2015

Wednesday

False DV Accusation "Insurance Policy"

Post by SAVE for Falsely Accused.

AFRA EDITORIALS

By Leonard Henderson R.I.P.

FALSE ACCUSATION INSURANCE POLICY

Originally published 10-5-2000

Considering that almost EVERY PROFESSIONAL is now cited as a "Mandated Reporter", we are at the point of wondering: "Who can you trust?"

Faced with the DEFINITE POSSIBILITY of a FALSE ALLEGATION OF ABUSE, are parents going to be FORCED to quit taking their children to the doctor? But then if you don't, the CPS is ready for you with a charge of SEVERE MEDICAL NEGLECT.

With these very real hazards, and their life-destroying potential, I wonder when some creative insurance company will come up with "Abuse-Neglect Allegation Insurance".

I would buy it, wouldn't you?

But realistically, NO INSURANCE COMPANY IN AMERICA TODAY would underwrite it, OR more importantly, few families could afford it.

According to my calculations, the premium would have to be AT LEAST $166 per month PER CHILD, given the current statistical 1 child in 25 kidnapped by CPS per year at a cost of $50,000 per defense.

Or just for the sake of figures, $166 per month into a COLLEGE FUND, for 18 years would yield $35,856 PRINCIPAL, plus $22,106 compounded interest at 5% per annum, for a total of $57,962.

Well, WHY worry about college if the Government has a far, far better place for your children than being in YOUR FAMILY? This is a good thing, isn't it?

You don't have to worry about them when they're sick. You don't have to worry about the cost of insurance. You don't need a nice, big house (they're all being lived in by "old money" widows anyhow). Momma doesn't have to plan birthday parties and bake cookies. You don't have to make their "owies" better. You don't have to make them take baths, clean up their room or wash their clothes (a washing machine would last a lifetime without kids). You can have fragile, breakable, beautiful things around the house. You don't have to help them with their home work. You don't have to put up with the house full of "slumber party" girls giggling all night long. You don't have to take them on vacations to the beach or Disneyland. You don't have to worry about the kinds of kids they hang out with. You don't have to fret with them over college or career choices. You don't have to worry about the kind of mate they choose.

The Government can make sure they all grow up Politically Correct and everybody is Grey.

All parents are just "potential abusers" anyway. You don't want to be a "potential abuser" do you?

You don't have to do anything but make 'em and the Government will raise them for you, and do a pretty darn good job of it, if they have to say so for themselves (in spite of the statistics). They can just play and "be kids" until they turn 18. When they turn 18, the government sends them on their way-

"Have a nice life now. Hope it works out for you. Sorry about the one hundred and four foster homes. Sure hope therapy has helped you get over the twelve rapes you suffered and three kids you saw killed in foster care. Oh by the way, we neglected to teach you any real life skills. Don't call us".

Comment on this story

"Better be wise by the misfortunes of others than by your own." --Aesop (c. 550 B.C.) legendary Greek fabulist

If CPS hasn't attacked YOUR FAMILY yet, see If you are ever approached by anyone from social services.... and WHEN THEY COME AFTER YOU

Learn as much as you can, as fast as you can at How To Fight CPS

Get YOUR VERSION OF HISTORY ON THE RECORD with your Sworn Declaration

Leonard Henderson, co-founder
American Family Rights Association
http://familyrights.us
"Until Every Child Comes Home" ©
"The Voice of America's Families" ©

I am not a lawyer and I do not pretend to give legal advice. If you need legal advice, see AFRA's Lawyer Friends who certainly are not pretenders (http://familyrights.us/info/law) I merely relate the things I learned in the past that seemed to work in my own case or things that others have related to me that worked in their cases. I provide information for free and do not expect to receive any form of payment or reward on this side of heaven. Therefore, DO NOT rely on this information as legal advice. Real Legal advice would come from a real lawyer who hates CPS and prepares a VIGOROUS DEFENSE against a negative (proving nothing happened) instead of talking you into a plea bargain (http://familyrights.us/bin/The_Problem_with_Plea_Bargaining.htm)

AFRA Editorials are NOT copyrighted. Please feel free to forward widely. We are at 100% total complete WAR with CPS, not trying to be famous or important.

http://familyrights.us / news / archive / 2011 / july / false_accusation_insurance.html "Who can you trust?"

Denuncia que la agredieron familiares de su ex pareja y resultó ser un vecinoviso at CUSTODIA PATERNA -

El Juzgado de lo Penal ha condenado a una mujer a una multa como autora responsable de un delito de denuncia falsa en grado de tentativa después de que denunciara a dos familiares de su ex pareja de una supuesta agresión hacia ella y su hijo cuando en realidad había sido un vecino. La sentencia considera como hechos probados que el 8 de septiembre de 2010 fue remitido al Juzgado de Instrucción Número 4 de Palencia dos partes de lesiones confeccionados con fecha de 5 de septiembre de 2010 tanto de ella como de su hijo. Tras ser llamada a declarar en nov... more »

Post by SAVE for Falsely Accused.

SHARE YOUR STORY

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