Monday

Prosecutor's Actions "Reprehensible" says a "Good" Family Court Judge of the 11th Judicial Circuit in South Florida - Miami Herald

Miami judge calls child support prosecutor’s actions ‘reprehensible’ - Miami-Dade - MiamiHerald.com


The Miami-Dade State Attorney’s office must pay $7,645 in legal fees to a man who was wrongly accused of owing money to his ex-wife.



Saturday

Organizing Fathers and Children

FACIO – Fathers And Children International Organization


A simple concept:

Our Mission is to aid both fathers and their children
  • To spend more time together
  • To enjoy the many benefits of a father-son and father-daughter bond, especially emotional health and well-being of children as future heirs of this world
  • To improve communications between fathers and their children, and between children and their fathers
  • To assert the naturally endowed rights of children to have their fathers present in their lives
  • To assert the rights of fathers to be fathers of their children without interference from corporatism, governments or any other organized force
  • To assert enforcement of laws enacted to protect these rights
  • To educate fathers how best to be or become mentors, leaders and protectors of their children
  • To encourage equal, cooperative partnerships with the women who happen to be mothers to the children of this world.

This is an international organization therefore we seek and encourage fathers and children from all countries to join us.
We exist as an organization to counter the many negative forces that have been tearing father-child and family relationships apart from approximately 1933 to the present.
The inception of this organization begins with publication of this brief. From this point forward all who are interested in joining are encouraged to do so.
We anticipate that interest and growing membership will lead to formal incorporation as a nonprofit organization recognized with 501 c-3 status. To grow, we expect

  • That many will show support through social network groups,
  • That word-of-mouth and “sharing” will lead to increased membership,
  • That growth will attract some of the best minds available with knowledge and experience in pertinent issues to be shared within this group,
  • That members of other groups nominally designed to aid fathers or children will see the value in a unified, streamlined organization designed to represent every father and every child,
  • That the power of unity and numbers will move many concerned fathers to join us,
  • That our focus on the positive aspects of fatherhood and father-child bonds will set us apart from other groups,
  • That being many with one voice will enhance the listening ability of those to whom we speak,
  • That because we are joined “to do” and “to bind” those who listen will also join us.

Our first major objective:Gather in Washington D.C. at the Mall in a strength of numbers that will raise global awareness of the plight of fatherless children everywhere.

  • We invite fathers and their children from every nation to join us
  • We encourage especially fathers who have been alienated from their children to “celebrate” Fathers Day with us there
  • We encourage members of all fathers rights organizations to attend
  • We encourage experts in related fields to volunteer to speak
  • We encourage political candidates to attend
  • We encourage women who share our concerns to attend and to speak
  • We encourage the Secretary of State to attend
  • We encourage family court judges to attend
  • We encourage district attorneys to attend
  • We encourage governors to attend
  • We encourage mayors to attend
  • We encourage other heads of state to attend
  • We encourage war veterans to attend
  • We encourage ambassadors from other nations to attend
  • We encourage those who would like to give personal testimony of parental alienation to attend and to speak

To all fathers and children: this is your organization, this is your event. We are here for you, we are united for you, and we hope to speak loudly and clearly so that your concerns will be addressed.
FACIO … to do, to serve, to bind (Latin) (fa-ki-oh)



Family Law Court discriminates against Men as caregivers You have always been a voice for those who need it, there are millions of families being torn apart by the Family Law Court System.. PLEASE HELP. 

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I am a father. Not a deadbeat, not a coward, not a man that runs away from being a father, or a deserter of my own flesh and blood.Not a sperm donor or a court appointed ATM, but a Father in the purest form of the word. And while choosy “Moms choose Jiffy”, I sit, at 3:05 am holding the hot hands of a sick 7 year old princess.But that’s my job. Because I am a father. I would speak to my daughter while she was in utero. She would respond with little kicks and from the womb.. we interacted, and hadn’t even seen each other yet..When you immediately accept that, even before your child takes its first breath, you are already a Father you immediately begin to bond with your child.The Family Law court system as a whole, and it’s Judges destroy the lives of children and in turn entire families by violating a Father’s right to Due process and equal protection under the law..But we’ve known that for decades..Anyone that thinks or believes that there is Due process for fathers in the Family Law Court system should be placed in a padded room and heavily sedated..Why is it OK for Fathers to miss their children? Why is it OK for a Father to be sick and wrapped in worry?Why is it permissible for “Non Custodial” parents to start legal proceedings at an immediate disadvantage?Why is there no legislation in place to safeguard Fathers that are being swept in amid the men that make us all look bad? We are judged before the first hearing.It physically hurts on days I don’t have my daughter with me. “Depression hurts” as the commercial for anti-depressants says right?Ask yourself, what parent wouldn’t be stressed sleepless concerned about their child? Therefore forcing time away from a parent and child would reasonably cause a great deal of stress and worry.. to truly say the least.. But the Family Law Court its Judges, are far from reasonable.Now, just imagine that you’re sitting at your desk at work, and two armed Sheriffs approach the receptionist’s desk, then your intercom buzzes, and you are then summoned to the front desk.The Sheriff asks you for your name, And then politely informs you that you have been served with child support papers…and that’s just the beginning..Keep in mind that you are the same father that went through the entire pregnancy, CPR classes, ultrasounds, the Birth, ya know, Dad stuff.. For the record, ( a sidebar really, ) Any man that has stood side by side, each day and night for nine months with a hormonal, morning noon and night vomiting, habitual mood swinger knows that Fathers don’t exactly have it easy during a nine month pregnancy either..Weather you are an amazing Father, or a deadbeat looser, Family Law Court will filter your life through Hell all the same..I am a Father.. With no criminal record, never been arrested, no history of violence, domestic or other.. At what point did I ask to be Non-Custodial.?There is nothing “Non-Custodial” about me.. I have never needed a court order to care for my Daughter.. Since when have I not been a Father? I clinch my fist and grit my teeth while, the very system set in place to protect our families Not only fatally fails, but spits in my face and violates my rights.
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"There is no system ever devised by mankind that is guaranteed to rip husband and wife or father, mother and child apart so bitterly than our present Family Court System." -Judge Brian Lindsay Retired Supreme Court Judge, New York , New Misty York-Coldiron



 — at Causes.com

Wednesday

Equal Access Advocates


Join Dr. Karin Huffer on a journey humanizing our judicial and legal systems.
Dr. Karin Huffer is nationally recognized author, associate professor in counseling and forensic psychology, speaker, researcher, and consultant who has devoted her career to advancing equal access for persons with disabilities to public and private services.

Home | Equal Access Advocates


Saturday

The decision to self-represent reflects a confidence in their own knowledge and ability to navigate the system; for others it’s a distrust of lawyers - Argument To Legal Reasoning Formula

“For some, the decision to self-represent reflects a confidence in their own knowledge and ability to navigate the system; for others it’s a distrust of lawyers.”

The increase in self-representation among family litigants creates challenges for the justice system as well as for lawyers and their clients. It is clear that a significant amount of self-representation will be a permanent feature of family justice; lawyers, judges and the justice system will have to deal more effectively with family litigants without lawyers. There will, however, also continue to be a critically important role for good family lawyers, and the rise of interest in self-representation is actually creating some new opportunities for providers of legal services.

Pro Se HQ: Argument To Legal Reasoning Formula

Excerpt from blogpost:
Let's discuss the arguments that a pro se litigant, attorneys, and judges make during the course of a legal matter before a court of law.

Pro se litigants need to understand the concept of "argument" because this is usually the intersection where the law and (JSHIT) hit the fan.

Any presentation of a basis in law and fact is meaningless without an understanding of the concept of "argument."

When the layman thinks of arguments, he or she usually resorts to the common thought of making statements leading from a premise to a conclusion. To do this is what leads to many pro se litigants failing to present their case properly. This is because their presentation takes on the form of a "street level" argument and it is lacking in a basis in law to support their facts.

The discourse described above can be said to lack "legal reasoning."  Hence, pro se litigants as well as lawyers, and judges must be able to finish or complete this formula: Facts + Laws > Legal Reasoning.

 In chemistry a chemist is able to show, by a formula, that the combination of: A + B > AB, so too the pro se litigant must be able to show that their Facts + Laws > Legal Reasoning, and thereby said presentation becomes persuasive.

Blacks Law Dictionary's definition of the terms is not required to understand the two terms of "argument" and "reason."  The definition given by Merriam Webster's 11th Collegiate Dictionary for the terms are as follows:

Argument-  2a: a reason given in proof or rebuttal b: discourse intended to persuade 3b: a coherent series of statements leading from a premise to a conclusion.

Reason-  1a: a statement offered in explanation or justification b: a rational ground or motive c: a sufficient ground of explanation or or logical defense: especially: something (as a principle or law) that supports a conclusion or explains a fact d: the thing that makes some fact intelligible: CAUSE.

Once more I drive home the premise that to take a matter to court you must be armed with a basis in fact and law.  Understanding the definitions above we can see why. 

Starting with a set of facts, the plaintiff or the defendant has to gather evidence to show that said facts did or did not occur.  Then based upon the occurrence or non-occurrence  of some facts he or she must state what the law says if a set of facts has or has not happened. Example: if one takes something that doe not belong to him or her, or he has no legal right to take that thing a theft occurs.  If he or she can prove that they did not take or had a legal right to take the thing a theft has not occurred.
 In the above if a thing is proved to be taken and that the taker lacked a legal right to take the thing the law says that a theft has occurred. Here is where one must get their basis in law correct by referring to the statutes of the jurisdiction that they are in. If I may cross the line and become "long-winded,"



Wednesday

Parental Alienation Questions For Alienators


July 4, 2012 - WLYB…..Most “experts” wouldn’t make it ½ thru these questions THANK YOU LINDA

Questions for the alienator’s “expert” witness and/or the child’s individual therapist.


by Kids First - Children's Rights Activists (CRA)

By Linda J Gottlieb


  • In your professional opinion, on a scale of 1 to 10, with 10 being the highest, what is the influence of parents on children prior to adolescence? (this should be a high #, and if not, the expert/therapist should be asked to justify a low # eg. who has the great influences.) 
  • And after adolescence? (this should be a relatively high # at least) 
  • Do you believe that parental conflict generally has an adverse effect on children and/or causes the child to react negatively in response? Please rate that effect on a scale of 1-10. (this should be a high #, as even the lay person would acknowledge the impact of parental hostility on children. If the expert doesn’t give a high #, he/she should be asked to justify the answer.) 
  • So you would (or would not---depending on prior answers) agree with Christopher Barden, PhD., JD., who has received 2 national research awards in psychology and a law degree with honors from Harvard Law school, when he stated, “There can be no credible controversy about the power of parents to influence children.” (The International Handbook of Parental Alienation Syndrome, p. 420)? 
  • Would you also agree with Barden when he stated that custody cases require “the critical obligation to carefully review the influence of parents, therapists or other adults on the attitudes, beliefs and memories of children.” (pp. 419-432)? 
  • Could you describe what some of these effects are? 
  • Can you give some examples as to how children get caught up in their parents’conflicts. 
  • You have just confirmed that you recognize the great influence of parents on children as well as the detrimental affects on children due to being exposed to the parental conflict. Yet I did not hear you express how you acquired your expertise in family dynamics. In fact, is it true that you are not licensed in your state of X as a Marriage and Family Therapist? 
  • Can you state what training in family dynamics you had in your education for your psychology degree? (I can confirm that they had no more than family therapy 101, IF they had that at all. The LMFT degree, in virtually all states, requires 60 credits, including 2 internships in the provision of family therapy services.) 
  • Are you aware of your X State’s criteria for obtaining this expertise and being qualified as a specialist for the licensing of a marriage and family therapist. How much of that criteria do you meet? 
  • So could you please state how you are qualified as an expert in assessing family dynamics as well as the adverse effects on children resulting from the dysfunctional parental dyad? 
  • What has been your experience in the treatment of families? 
  • What is the difference between individual therapy and family therapy? 
  • What % do you practice in family therapy and in individual therapy? 
  • How many families have you treated? 
  • How do you justify individual treatment of the child outside of assessing the influence of the parental conflicts on the child? 
  • Have you published books and/or articles on family therapy? 
  • Are the X children being reared in a family? 
  • Could the behaviors and reactions of the children in this case be indicative of being triangled into the parental conflicts? 
  • What causes the symptoms for which you are treating the X children? (Individual therapists will be unable to account for the causes of a child symptoms because there is no empirical evidence for the existence of intra-psychic or biochemical disorders. A family therapist, on the other hand, has much empirical evidence as a family's therapist can see how the child negatively reacts to the parents’ arguing when observing the family in the session.) 
  • What is your empirical evidence for the causes you have just expressed? 
  • Could you describe any parental interactions which have affected the children in this case? 
  • Do you know how the discipline of family therapy labels the family interactional pattern which puts children in the middle of the parental disputes? 
  • (It is called triangulation. Child psychiatrist, Murray Bowen, labeled it the “pathological triangle. ” Indeed, Bowen and was so convinced about the family’s role in creating and maintaining the child's symptoms, that when he hospitalized the child, he also hospitalized the entire nuclear family.) 
  • Are you aware, Dr. X, that the psychiatrist, Murray Bowen, was so convinced that the parents’ conflict and this triangulation was at the root of the child's symptoms so that when he hospitalized a child, he simultaneously hospitalized the entire nuclear family? 
  • Have you heard of child psychiatrist, Salvador Minuchin? (In 2007, he was rated by a research study of therapists as being one of the 10 most influential therapists in the history of psychotherapy. He has written more than 11 books on family therapy. There would not be even a single person trained in family therapy or child psychiatry who has not heard of him.) 
  • Do you know what Dr. Minuchin stated about the adverse effects of triangulation on children? (He asserted that it is the basis of virtually all dysfunctional family relationships adversely affecting children, and the concept of triangulation can be readily found in his book entitled, Family Therapy Techniques, 1981. Dr. M actually labeled this triangulation as a cross-generational alliance between the child and a parent who is in conflict with the other parent. This is the key interactional pattern in the PAS family.) 
  • So as you confirmed that the X children are being reared in a family, on what basis do you claim your expertise to justify making recommendations for the X children regarding their relationship with their targeted/alienated parent? 
  • You really don't have any expertise in family dynamics, do you, to make any assessments and recommendations for the X children and their parental relationships? 
  • You testified that the children in this case have reservations about, fear of, and hatred for their targeted/alienated parent. Can say with any certainty that they were not influenced by their other parent? 
  • How does the pathological triangle or family dynamics in this case influence what the children say and do? 
  • Do you believe that children the age of the X children are cognitively competent and emotionally mature enough to make decisions in their own best interests? 
  • What does Piaget state about the cognitive development of a child the age of: (give age of each child). ------Until the age of adolescence, children do not have the ability to think for themselves, and abstract thinking only begins at age 13. (Piaget wrote the bible on the development of epistemology in children as follows: 0-2 sensorimotor 2-7 preoperational 7-12 concrete operational 13-adulthood formal operational = abstract thinking. 
  • Given the immature level of these children's cognitive abilities, how do you distinguish the alienating parent’s influence on them their own ideas and feelings? 
  • Can you rule out with any certainty that the alienating parent is not influencing them adversely against their targeted/alienated parent? 
  • Have you observed the interactions between the children and their targeted/alienated parent? 
  • How can you diagnose for a relationship you have never or virtually never observed? 
  • Would a doctor recommend heart bypass surgery without having examined the heart? 
  • Should a child decide whether to go to school? To medical appointments? 
  • Would you say that deciding whether to have a relationship with a parent is as at least a significant decision as attending school or medical appointments? 
  • Then why should they decide on whether to visit a parent or to have a relationship with a parent? 
  • What specific examples did the child cite to justify the adverse opinions about and refusal to have a relationship with the targeted/alienated parent? (Generally these (experts) do not follow-up with questions for specific information. If they do, they an answer like “She/he lies. She/he is annoying, etc.” The expert should be questioned about her/his willingness to accept such frivolous rationalizations.) 
  • How reliable is client self reporting? (It is not at all, and we accept that as truth in the mental health profession.) 
  • Would it not be logical to conclude that the immature emotional and cognitive development of a child would make their reporting even less reliable? 
  • Do you know any research on the effects on children if a parent is not meaningfully involved in their lives?  
  • When a parent is significantly minimized and excluded from a child's life, what do you think children fill that emotional vacuum with?  
  • (Educate the “expert” about such research by using the statistics from Fatherneed and the SPARC statistics. A summary is in the PAS help file which I previously sent to anyone who had requested it.) 
  • Would you not then conclude that having a parent eradicated from a child's life leads to emotional distress and behavioral difficulties for the child? 
  • And if such eradication was facilitated, either consciously or unconsciously, by the other parent, would you not consider that to be emotional child abuse? 
  • Are you aware of any tactics the alienating parent/residential parent employed to interfere with the visits and/or relationship with the child and the targeted parent? (This is a case specific question and should be supported by documentation from the particular case by citing examples of the alienating behaviors.) 
  • You made reference to the alienator’s many allegations against the other parent. Do you have no independent verification of those allegations? You really don't, do you? 
  • Why would you accept such allegations carte blanche without independent verification? 
  • In your professional opinion, what would be the justification or motivations of the residential parent for not encouraging the relationship between the child and the other parent? 
  • Do you believe that children are generally healthier if 2 parents remained meaningfully in their lives? 
  • You have recommended that contact between the child and the nonresidential parent the only gradually reinstated? What is the research that supports this gradual reunification? (There is none! The propensity for the judicial system to only gradually reinstate visits is not supported by any research whatsoever.) 
  • How do you explain that children of military families and who never met their deployed parent, excitedly run to, hug, smile at their deployed parent when that parent returns home from deployment? 
  • Is it not true that it is because the caretaking parent talks up the deployed parent and enthusiastically encourages the child to greet the deployed parent explains it? 
  • Is it not also true that the psychological and instinctual need and desire to have a relationship with a parent is so overwhelmingly strong that children will easily accept meaningful involvement from a parent from whom they have been estranged? 
  • Do you accept the belief of your profession that mental health treatment is curative? 
  • What medical records of Mr. X did you examine? What was the timeframe of those records? 
  • So those records are not contemporaneous? 
  • Have you reviewed the affidavits and/or spoken to his former under care psychologist and psychiatrist when they discharged him from treatment in updating your impressions of Mr. H? 
  • Why not? 
  • You really have no idea as to the current status of Mr. Xs mental health, do you? 
  • What percentage would you say of mental health disorders are accurate with high probability and that the patient would receive the same diagnosis by several evaluators? 
  • So if a patient was tested for a medical problem, with all the tests that are given, such as MRIs, EKGs, bloodwork, urine analysis, etc, it would seem that the diagnosis would be pretty uniform by a variety of examiners? What tests are given for the diagnosis of a mental health disorder? 
  • The same consensus among mental health experts cannot be said about mental health disorders as for medical disorders, is that not correct? 
  • What is the empirical evidence for mental health diagnoses? 
  • What accounts for the discrepancy in the diagnoses given to Mr. X as well as the various estimates of his prognosis? 
  • In general, what accounts for the varying diagnoses that different mental health professionals will give to the same patient? 
  • Is the diagnosis of mental health disorders a science? 
  • You referred to Mr. X being given 18 different anti-depressant medications. Would that not possibly indicate that his diagnosis was uncertain and the medication had to be continuously changed for that reason? 
  • If a patient received an antibiotic for an infection, you would agree that there would be a high probability that the medication would be effective, correct? 
  • So why do antidepressants continually need to be changed? 
  • Could it be that mental health diagnoses are not accurate? 
  • What in your estimation accounts for the source of depression? 
  • What is the empirical evidence for the cause of depression? 
  • How do you make a differential diagnosis for the cause of depression between situationally caused v. bio-chemical or intra-psychic based. 
  • In your opinion, is it possible that the end of one’s marriage and being deprived of a relationship with one’s children could cause depression? 
  • If so, how would you determine that these circumstances do not account entirely for such a person’s depression. 
  • You really can't say with any certainty as to whether Mr. X was clinically depressed were situationally depressed, can you Dr.? 
  • Are you aware of his current functioning in his personal life? 
  • In his professional life? 
  • What do you really know about current mental health status? 
  • How much would you pay for today's appearance and for your report?
Linda J Gottlieb

Never give up, never retreat, and never, never surrender. GG https://www.facebook.com/groups/ChildrensRightsFlorida/permalink/10151918394310457/


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