Post-traumatic Stress in the Rupture of Parent-child Relationships
Please stop the unfair punishment of good fathers. We need reform now! | Petition2Congress
March 12, 2016
Dear President Obama:
Dear Representative Diaz-Balart:
Dear Senator Nelson:
Dear Senator Rubio:Dear Governor Scott:
Dear Representative Diaz-Balart:
Dear Senator Nelson:
Dear Senator Rubio:Dear Governor Scott:
I am a divorced FIT Father of a boy (from marriage) and a girl (unwed DNA proven bio-dad).
I have no problem paying child support as proven by my payment records.
That is until the Miami-Dade County 11th Judicial Circuit Family Court destroyed my life, and caused negligent infliction of severe emotional distress which has caused a "medically documented" injury by a Complex Sub-category of Post Traumatic Stress Disorder. In a nutshell I fear the Family Court. Additionally, I am the victim of medical malpractice by Psychiatrist Dr. Carter who has a case pending against him by the Florida Department of Health.
Reluctantly I filed for disability in 2010 and still have not prevailed despite the work of Social Security Advocates Binder and Binder. I had to filed bankruptcy in 2010; but that is typical (and statistically proven by the movie Divorce Corp released in Jan 2014) of anyone that has to fight in America's Family Courts.
Answer this simple question:
Why does the Broward County FL 17th Judicial Circuit Family Court have absolutely no concern (nor does his mom), since 2002 to today, to be in my son's life with joint custody?
Recently I appeared before Judge Dale C. Cohen on my motion requesting a continuance on contempt proceedings so I could take my son to the Pacific Northwest for a month during the summer. Honorable Judge Cohen said, "have a good time".
Thereby establishing my parental fitness.
And the Florida 11th Judicial Circuit Family Court denies any access (visitation/timesharing) with me, my son (her brother), my family to my daughter?? My daughter could've traveled with her brother and dad to see Mount Rainier, go to a Pow Wow, learned about Lewis and Clark, and so many things...
Zoraya would've loved it!!
All this happen when I did the right thing and hired a lawyer to file a Petition for Paternity (Right to Parent my daughter). Case No. 2008-029595 began on December 4th, 2008. It continues today.
As of today the Florida 11th Judicial Circuit Family Court denies any access (visitation / timesharing) with me, my son (her brother), my family to my daughter?? WHY???
This is Emotional Child Abuse...plain, simple, AND ESTABLISHED.
The case 2008-029595 of the Florida 11th Judicial Circuit is proof of Civil and Human Rights Violations. Not even the Department of Children and Families will respond to my plea to help me stop the proven emotional child abuse of my daughter Zoraya. Please help her or please help me to help her...I beg you!
Respectfully,
- Facebook.com/StandupforZoraya
David - Hialeah, FL 33012-3864
In June of 2004 my son's mom and I got divorced. I have known my son's mom since 1992.
I have known my daughter's mom since 1990 and we dated until 1994. In November of 2004 she contacted me and we reunited, dated, and lived together beginning in January of 2005. Our daughter was born in 2006.We got engaged in Paris in October 2007. We broke up in June 2008 and I moved out. I focused on my work, my children, and family. As a District Sales Manager for a Multi-National Company I had to travel internationally every week between Mondays and Fridays. I only had the weekend for my children.
As we were still friends I was able to have normal time-sharing with our daughter (by mutual agreement) during the weekends that is until October 5th, 2008 (our daughter's 2nd birthday).
After spending a "family" day out (Mom, Dad, my son David, and our daughter Zoraya) celebrating Zoraya's birthday, mom tells me that "since she didn't need 'her' father Zoraya doesn't need me". Those words I will never forget.
After Zoraya's birthday, as promised, mom began to deny me any visit with our daughter. Mom served me with a Temporary Restraining Order on the 2nd week of October. During the DV hearing on October 27th, that mom and I attended without lawyers, mom and I admitted to Honorable Judge Cohn that "there were never any acts of domestic violence since we've known each other" and mom answered "no" when the Judge asked her if she felt I was a danger to her and or our daughter.
Honorable Judge Don S. Cohn denied and dismissed mom's petition stating "No Just Cause". The Judge never addressed how I was going to see our daughter leaving me in limbo and afraid of mom.
Mom's Manipulation of Family Court Judges
I was with my daughter on November 1st, 2008 when her mom dropped her off at the hospital to visit me. My sister met mom in the lobby and brought Zoraya to my hospital room. Also present was my mom, dad, son, his mom and step dad, and my sister's husband.
In December of 2008 I filed my initial Petition, A Paternity Suit. I paid an Attorney a $3,000 fee/retainer. I asked for 3 things; to pay Child Support, Shared Parental Responsibility, and normal and reasonable Time-sharing.
Then from the 2nd week in November until February 18th I was able to spend a little time with my daughter at the day care that we enrolled her in since she was three months old and which was 50 yards from my parents home. I only visited my daughter at the day care center so I could avoid her mom so she wouldn't make any further false allegations against me.
On February 8th our new Judge, Honorable Judge Dennis, ordered mom and I to Family Court Services for Alienation Intervention, Co-Parenting, Family Counseling and Time-sharing Issues.
But then on February 18th mom filed another Temporary (DV) Restraining Order with the help of her new lawyer. Mom and lawyer planned this from December 18th, 2008.
Mom fabricated and lied to Miami-Dade Police Officers on December 18th, 2008 to obtain an "information-only" police report as evidence in the upcoming Domestic Violence hearing they had planned to file. Filing false allegations on their petition and alleging an act of domestic violence that never happen but reported on an information only police report at the Miami-Dade Police Department in the Town of Miami Lakes on December 18th, 2008 is a crime according to Judge Dennis.
What was their motive? Was it retaliation, vengeance, anger, and/or all of the above??
Maybe it is because on December 16th, 2008, two days before mom made false allegations to Miami-Dade Police Officers, Honorable Judge Scott Bernstein ordered mom NOT to remove our daughter from Miami-Dade County and to DNA testing in an Emergency Hearing that my Attorney (Beatriz Cera) requested.
And the Restraining Order relieved mom from having to comply with Judge Dennis' Orders to both mom and dad to report to Family Court Services for Alienation Intervention, Co-Parenting and Time-sharing Issues Counseling.
I did not get a hearing until April 3rd on mom's February 18th Petition for the Restraining Order. During that hearing I told Judge Brennan (former DV Judge) the same thing the mom and I told the Honorable Judge Cohn on October 27th; “that there have never been any acts of domestic violence between mom and me".
In addition I brought a witness that swore that I was not anywhere near the location listed on an "information only" police report (that mom obtained December 18, 2008) with a fabricated incident of which I had no knowledge. It was admitted as evidence by Judge Brennan.
Judge Brennan unjustifiably ordered a one-year "No Contact" Restraining Order. I complained telling Judge Brennan that "I felt that not being able to see my daughter was unfair and that it was equivalent to court-ordered child abuse by parental alienation" A prediction that has become reality.
As I was saying this Judge Brennan angrily closed the hearing and began to leave the courtroom and that is when I placed an envelope containing a Notice of Unavailability in the paternity case (a legal document) on the opposing party's table in front of mom in the courtroom. Judge Brennan, alerted by mom's attorney, immediately returned to the bench and called us back to our places and without even checking the envelope Judge Brennan said I violated the just-issued restraining order and ordered me to 26-week batterers' intervention course.
One year after our first hearing before Judge Cohn I was terminated from my job due to the (1) Excessive Court Orders; I requested time-off so I could comply with the court's orders in order to be able be with my daughter. And (2) the other reason, well lets put it this way; Do you have any idea how devastating it feels when people (mom, her lawyer, bad judge), acting under the color of law, hold your children hostage while the huge railroad train called the judicial system runs you over? Then wondering every second of the day if your child is safe?
It is torture for those parents who CARE about their kids and I know MOST of you readers are caring, loving parents. I know because I have met them in the programs you shoved down my throat.
In December of 2009 Judge Dennis finally allowed me to see my daughter when she ordered "Temporary" Supervised Visitation at the day care center until I complied with her and Judge Brennan's orders.
After two full days of trial in December 2009 and February 2010 the Final Judgment finally arrived on July 2010. As I petitioned, the Final Judgment basically states that I will pay child support and have Shared Parental Responsibility.
BUT...On the Time-sharing Issue Judge Dennis states in the Final Judgment’s Paragraph 31 that I would get "normal and reasonable" Time-sharing with my daughter once I complied with "all" the Honorable Court's Orders to me to attend co-parenting, batters' intervention, and so forth.
No problem in being with my son because his mom knows and has admitted to this Court that I am a good father, family man, and hard worker.
Please review the public court records at the Lawson E. Thomas
Courthouse Center (33128) to see the excessive, abusive, and Unconstitutional
Court Orders and the Court's Requirements preventing me from being the involved
father that I want to be, because she is part of my "life", and
therefore I have the "liberty" to be with my children and have a father-daughter
relationship, and most importantly it makes her, my son/her brother, and me
very "happy".
Deprivation of rights under color of law falls under Title 18, U.S.C., Section 242. This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the United States.
I AM an important part of my daughter's life. Judges and lawyers come and go but I and all Dads are always going to be right there for their kids.
So, I have "completely and absolutely" complied with ALL of
the Court's Orders.
So, I have "completely and absolutely" complied with ALL of
the Court's Orders.
The 8 Page Final Judgment clearly states that I am a "FIT" parent...see for yourself.
There’s absolutely no mention whatsoever that I am or have ever been an "at-risk" Parent. There is the mention of the false domestic violence incident and restraining order...all false as aforesaid.
And if I was an "at-risk" parent then how come my time-sharing with my son, which is liberal, unhampered and unfettered since my separation/divorce in 2002, is not and/or has never ever been interrupted or challenged?
Just because I fall into the "UN-wed biological father" classification of the state's laws is not a good enough excuse to take away my daughter's father.
My daughter is now 6 and despite this long court case, thousands of dollars of legal fees on both sides and injury to my daughter nothing much has changed. Yesterday I gazed out the window watching fireworks and was really missing my angel but I cannot call her because I am scared of her mom’s false allegations and lies, she doesn't call me and knowing she is only a couple of mile away hurts like hell.
My ex-fiancée has hurt me for years on end and she seems relentless in erasing me from our daughter’s life and I am reduced to nothing more than a broken-hearted dad that battles on for justice in the courts, so that someone will make my ex encourage our daughter to see me as an equal parent and let me be a part of her life, good times and bad.
I have a lot to give and a lot to teach her but the only people she gets to see is her mothers’ friends and family, not a true representation of her whole family, which to me is abuse and falls under the title of parental alienation. This is the act of one parent trying to stop meaningful contact with the other parent.
It is time to stand up and make family laws fairer to stop child abuse being carried out and to promote shared parenting in the family courts.
I have begun the 3rd round of my family court case. My case number is 2008-029595 in the 11th Judicial Circuit in Miami-Dade County, Florida.
They, the "opposing party" (I hate to use that description), have complained to the Court that I have filed 3 Petitions; the initial Petition in the Paternity Suit and 2 follow-up Petitions for Modification. That is correct...and so what?? Obviously it is within my rights to file a petition in a family court case if and when there's a substantial change(s). And there are!!
They, the opposing party and the Courts, should know by now that I will never give up on my daughter AND that I will file as many Petitions for Modification as needed. Do they really think I am going give up or that the Court is going to order me to stop the fight for my daughter to have a normal relationship with her Father?
They should be worrying about other things such as their "r e c k l e s s d i s r e g a r d" for how they have handled themselves throughout this case and the injury they've caused Zoraya and me.
Conscious and indifferent disregard of others' reputation or rights, or the dangerous consequences of one's action. In defamation cases, the defendant's malicious intent is judged against the standard of 'reckless disregard for truth.
A Family Court Services Report regarding the 12 supervised visits dated January 29th, 2013 states:
"After greeting, Mr. Inguanzo immediately engaged Zoraya in conversation and play. Father and daughter discussed different topics such as school, science, books, a trip to France, physical education, Zoraya's older brother, and other relatives, holidays, etc.
Mr. Inguanzo also practiced speaking Spanish with Zoraya. Mr. Inguanzo frequently demonstrated physical affection, to which Zoraya allowed and reciprocated. Mr. Inguanzo displayed behaviors indicative of being nurturing patient, and attentive to Zoraya's needs.
Zoraya appeared to enjoy her father's company. Zoraya and her father displayed a very good level of interaction." This report is written by Ms. Laura Escober, L.C.S.W. based on her observation and the observation of Ms. Maria Puentes, M.S.W. and Mr. Rafael Castro, Ph.D.
I have not seen and or spoken with Zoraya since January 24th, 2015.
This is how the "system" has failed my daughter Zoraya and this is how this blog was born. There's more to come so please stay tuned and please pray (for Zoraya's sake) that the Courts will finally realize how the opposing party has purposefully and intentionally interfered "in reckless disregard" with a child's relationship with her father and that the Court will make the "right and only" last decision that needs to be made in this family court case. That Zoraya can have her dad back!
KNOW THIS: Much of what I have enjoyed most in life is being threatened
by reprehensible governmental actions. Those in government “elected” or
appointed to represent our best interests: yours, mine, and those of all our
families, are not acting within their powers to protect and preserve our
GOD-Given unalienable rights to life, liberty, and the pursuit of happiness.
Many are undeniably doing the opposite.
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| #StandUpForZoraya #ILoveAndNeedMyDaughter #EndParentalAlienation |
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In pursuit of what is true, right, and just
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| #StandUpForZoraya #ILoveAndNeedMyDaughter #EndParentalAlienation |
“Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…” ~ Juli T. Star-Alexander – Executive Director, Redress, Inc.
Learn about how Former Director Loftus and his Majors allowed a crime to happen causing severe injury to a Florida citizen and his daughter.
How do we, as its victims, define it?
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A scathing expose of the fraud inherent in the use of "expert" psychological testimony in the courtroom.
From the high-profile murder trials of the Menendez brothers and Jeffrey Dahmer to personal injury, product liability and child custody cases, lawyers across the country have increasingly turned to "expert" testimony from psychologists, psychiatrists and social workers to influence the decisions of judges and juries.Psychologist Margaret Hagen, a professor and medical industry insider, details the very real danger of this booming business. In every state, a child can be taken away from a parent on the strength of five minutes of "neutral" testimony from a social worker. A criminal suspect's freedom or incarceration can depend on a superficial psychological examination performed by an incompetent, overworked, or, at worst, paid-off psychologist. Parole hearings hinge on the testimony of similarly incomplete or fraudulent evaluations, allowing "rehabilitated" violent criminals back onto the street to commit more heinous crimes, with no accountability for the reviewing "expert." Unmasking some legal psycho-expertise as a total fraud, Dr. Hagen instructs readers to protect themselves and their families from being victimized by psychological testimony in the courtroom. In today's frenzied legal climate, her insight and wisdom make for provocative, compelling and invaluable reading
"Few human rights abuses are so widely condemned, yet so widely practiced. Let us make (children a priority.
Florida Family Court Miami-Dade STOP Denial of Reasonable Parent/Child Contact - Stand Up For Zoraya"
Everyone was not only gratified to see PAAO at the event, they all also acknowledged that PA is either a form of Domestic violence or on the continuum of Domestic Violence behaviors.
I have not seen and or spoken with Zoraya since January 24th, 2015.
"Never give in. Never give in. Never, never, never, never—in nothing, great or small, large or petty —never give in, except to convictions of honour and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy."
- Sir Winston Churchill
"Never give in. Never give in. Never, never, never, never—in nothing, great or small, large or petty —never give in, except to convictions of honour and good sense. Never yield to force. Never yield to the apparently overwhelming might of the enemy."
The three types of government and/or court behavior that constitute family legal abuse are:
1.) Family legal abuse is the set of human rights violations that stem from an unethical, immoral, and unconstitutional presumption on the part of judges, attorneys, and legislators that one of the two parties in a divorce must necessarily be treated with inequality.
2.) Family legal abuse is the set of human rights violations that result when overzealous social worker agencies seize children from good homes.
3.) Family legal abuse is the set of human rights violations that result when paternity fraud is encouraged, condoned, and incentivized by courts and legislators.I hope these three definitions are helpful to you as we continue to spread awareness of this widespread American tragedy.
Reach me anytime at:thebutterflydad@gmail.com
A scathing expose of the fraud inherent in the use of "expert" psychological testimony in the courtroom.
From the high-profile murder trials of the Menendez brothers and Jeffrey Dahmer to personal injury, product liability and child custody cases, lawyers across the country have increasingly turned to "expert" testimony from psychologists, psychiatrists and social workers to influence the decisions of judges and juries.
Psychologist Margaret Hagen, a professor and medical industry insider, details the very real danger of this booming business. In every state, a child can be taken away from a parent on the strength of five minutes of "neutral" testimony from a social worker. A criminal suspect's freedom or incarceration can depend on a superficial psychological examination performed by an incompetent, overworked, or, at worst, paid-off psychologist. Parole hearings hinge on the testimony of similarly incomplete or fraudulent evaluations, allowing "rehabilitated" violent criminals back onto the street to commit more heinous crimes, with no accountability for the reviewing "expert." Unmasking some legal psycho-expertise as a total fraud, Dr. Hagen instructs readers to protect themselves and their families from being victimized by psychological testimony in the courtroom. In today's frenzied legal climate, her insight and wisdom make for provocative, compelling and invaluable reading
An individual who breaks a law that conscience tells him is unjust, and who willingly accepts the penalty of imprisonment in order to arouse the conscience of the community over its injustice, is in reality expressing the highest respect for the law"
"How can a guy do all that and yet the court does not allow him to see his children?" ~ Gerardo Silva, Jr., Florida Guardian Ad Litem, City Councilman, and more
As advised by lawyers, separating and/or divorcing parents often make false allegations of domestic violence (DV) in the form of a restraining order to evict an innocent parent from the home, interfere with contact with child/ren, and then file for temporary custody (virtually never temporary). False police reports are often obtained and used in DV Court...called "information only reports", but contain a fabricated incident of DV and thus a serious crime if and when exposed.
Remain an Equal Parent to your Child!
We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace
"Reckless Disregard" A True And Compelling Story Of One "FIT" Father's Fight For His Daughter
We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace
"Reckless Disregard" A True And Compelling Story Of One "FIT" Father's Fight For His Daughter
The father's rights movement isn't an anti-mom or anti-woman movement; it's an anti-unfairness movement. Our aim is to champion the cause of equal parenting, family law reform and equal contact for divorced/separated parents with their children. The fathers' rights movement is a movement whose members are primarily interested in issues related to family law, including child custody and child support that affect fathers and their children. Many of its members are fathers who desire to share the parenting of their children equally with their children's mother—either after divorce or as unwed fathers, and the children of the terminated marriage.
The movement includes women as well as men, often the second wives of divorced fathers or other family members of men who have had some engagement with family law. Most of the members of the fathers' rights movement had little prior interest in the law or politics. However, as they felt that their goal of equal shared parenting was being frustrated by the family courts, many took an interest in family law, including child custody and child support.
7 Minutes to Bedtime: A Dad and Daughter’s PodcastRick Sanchez at The Good Men Project - 18 minutes ago
In an effort to hold a daily ‘good’ conversation with his daughter, Rick Sanchez utilizes the inexact time just before “lights out” where the most interesting conversations happen. The post 7 Minutes to Bedtime: A Dad and Daughter’s Podcast appeared first on The Good Men Project.3 Simple Ways to Show Your Son You Love HimKent Sanders at The Good Men Project - 18 minutes ago
Being a good father doesn't have to be complicated, but sometimes it goes against what we're taught makes us good men. The post 3 Simple Ways to Show Your Son You Love Him appeared first on The Good Men Project.Dad’s Hot Topic: Sorry Kids, Freedom of Speech is Not FreeBrian Gawlak at The Good Men Project - 1 hour ago
In a world where controversial 'Hot Topics' are abuzz, Brian Gawlak finds the teachable moments in trending issues. The post Dad’s Hot Topic: Sorry Kids, Freedom of Speech is Not Free appeared first on The Good Men Project.
STOP THE HEARTBREAK JUDGE MANNO-SCHURR ~~ 11th Judicial Circuit Family Court... http://bit.ly/1VBlVaG
Posted by David Inguanzo on Monday, October 5, 2015
Happy Birthday Zoraya!Stand Up For Zoraya
Posted by David Inguanzo on Sunday, August 2, 2015
Posted by Children's Rights on Monday, October 5, 2015
Posted by Children's Rights on Monday, October 5, 2015
Posted by Children's Rights on Monday, October 5, 2015
Posted by Children's Rights on Monday, October 5, 2015
Posted by Children's Rights on Monday, October 5, 2015
Posted by Children's Rights on Monday, October 5, 2015
Posted by Children's Rights on Monday, October 5, 2015
Posted by Children's Rights on Monday, October 5, 2015
Happy Easter 2013! He is risen! I pray that the two of you kids have a belief in a higher power. I pray that you don't resist your higher power and you freely accept his guiding hand. We pray that you won't try to hide behind God and Jesus as so many people do. Going to church doesn't make you a good person or a believer. It's like an enema, it may not help, but it couldn't hurt.
ReplyDeleteEvil comes in many variations. One of my biggest qualms with your mother was always her teaching you that God was a punishing God. If you did something she didn't want you to do, she would say that God would punish you or God wouldn't like it if you don't listen to me.
"God wouldn't like it if you did that!" I really wanted you to know my God. My god is a forgiving and loving God. You will not perish in hell if you don't obey him or me. It is not to say that you can act however or do whatever you want anytime you want. It is to say that your sins are forgiven without even having to ask.
We hope that you truly have The Lord in your hearts.
Enjoy your day and take time to praise him.
We love you,
“As my sufferings mounted I soon realized that there were two ways in which I could respond to my situation -- either to react with bitterness or seek to transform the suffering into a creative force. I decided to follow the latter course.” ~ Martin Luther King, Jr.
ReplyDelete“Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…”
Delete~ Juli T. Star-Alexander – Executive Director, Redress, Inc.
Redress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights. Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other. We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve. IT'S A HUGE TASK! Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other - help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law. You might be interested in this article Unauthorized Practice of Law on the Net. Call Redress, Inc. at 702.597.2982 or e-mail us at Redress@redressinc.com. WORKING TOGETHER TO ATTAIN FAIRNESS
Interpretations of children's rights range from allowing children the capacity for autonomous action to the enforcement of children being physically, mentally and emotionally free from abuse, though what constitutes "abuse" is a matter of debate. Other definitions include the rights to care and nurturing. child rescue volunteers
ReplyDeleteHi David! Thank you for the great blog! I know exactly what you're going through and the pain you're feeling. Please visit my blog at http://adrianbuckmaster.wordpress.com/category/family-courts-and-childrens-rights/
ReplyDeleteRe-united, my first unsupervised visit with my daughter, with Ava and her mum Cheryl. Spring Street, summer 2000
In spite of my best “pro se” efforts, I was only able to see my daughter twice a week, on Sunday afternoons for three hours and after school on Mondays for three hours. In addition, at Christine’s insistence, my two kids were not allowed to see each other except under supervision.
Of all the sad events contained in this story, the one that pains me the most, is the allegation that my son was also a danger to my daughter, and that he be never left alone with J. They both missed out by that act of vindictiveness.
Justice Ivy Cook noted that the supervisor, Giselle Trinidad, had issued a glowing report on my relationship with my daughter; the judge said she had never seen such a positive report, and, in spite of strenuous objections from Christine, released me from supervised visitation.
"An honorable defeat is better than a dishonorable victory." ~ Millard Fillmore
ReplyDeleteI feel ya ! My "wife" filed a contempt charge against me for not picking up my son because he ad the chicken pox. When we got in from of the judge, she was so pissed about that she did not want to hear that the mother did not provide medication that he was on for 5 months while he was with me. Then she file a protection order and got it with no proof, no evidence. now I have to take off more time off work crazy! my story is here http://www.lie-cheat-steal.info
ReplyDeleteThe Violence Against Women Act Ignores Half the Problem ~ By Anna Rittgers
DeleteThe 2011 Violence Against Women Reauthorization Act (VAWA), if passed, will provide funding for programs to address domestic violence and will expand the act’s provisions to include services for gays and lesbians. Theoretically, male victims of violence are eligible for help, too. But did you know that? I thought not.
The problem with reauthorizing VAWA is that doing so would perpetuate the notion that domestic violence is something that happens only to women. While it is true that VAWA has evolved over time and now ensures that male victims of partner violence can avail themselves of VAWA benefits and services, the very name of the act implies otherwise. It is quite likely that a male victim would not know he can seek help, given the name of the act.
The image of the abuser is almost always a guy. But this simply isn’t the case. One of the pioneers of the study of family violence was sociologist Richard J. Gelles. Gelles wrote a seminal 1999 article for the old Women’s Quarterly, then a publication of the Independent Women’s Forum, on the “hidden victims” of violence.[i] Gelles admitted that 25 years earlier he had overlooked something important when, in the course of doing research, he meet a couple he called Faith and Alan. Faith had been beaten by boyfriends, her ex-husband, and her husband. Faith’s troubles became the focus of Gelles’s article. Gelles barely noted Faith’s violence towards men, which included breaking Alan’s bones and stabbing a man while he read the newspaper. Faith’s violence merited a mere footnote.
We know more about intimate violence directed at men than we did when Gelles wrote his article. But for cultural reasons, it is very difficult for male victims of domestic violence to seek help. Men are seen to be physically stronger than women, and so he should be able to just “take it.” Furthermore, domestic violence awareness campaigns are horribly one-sided, and almost always portray males as the aggressor and females as victim. Police are often hardwired to view men as the perpetrator. If a man calls 911 for help when he’s being attacked by his spouse or partner, he is often subject to arrest, even if he is the only one with physical injuries.
For seventeen years, there has been unequal treatment before the law. Female aggressors are keenly aware of this unequal justice, and a 2010 study on men who sustain abuse at the hands of their female partners discovered that 67.2% reported their female aggressors made false allegations of spousal abuse. [ii] Of those with children, 48.9% of the men reported that their partners made false allegations of child abuse.[iii] In other words, VAWA’s myopic view of who perpetrates domestic violence gives female abusers an additional avenue to torment their spouses.
The name of the Act itself makes it clear that the law’s focus is to address violence against women in particular, not the general problem of domestic violence. The specialized training that judges and law enforcement officers receive ignores the reality that women are as likely as men to be perpetrators of violence. This creates a justice system that treats male aggressors more harshly than female aggressors of the same crime.
Keep up the fight, brother. I say brother with honor because we are all one family when it comes to this horrible injustice that we & our children have to endure. I have/am going thru this same situation. There have been many days that I am ready to give up but when I look at my princess that can be a possibilty. NEVER,NEVER,NEVER GIVE UP, THAT IS NOT A OPTION!!!!!!!!
ReplyDeleteFLORIDA TODAY - OPINION
DeleteWritten by Gordon E. Finley, Ph.D., Miami
While I applaud columnist Paul Flemming for a sound review of the issues in Saturday’s “Alimony bill will be great — for lawyers,” his bottom-line conclusion is dead wrong.
The proposed state alimony reform bill will reduce litigation, not increase litigation. A bit of history: For years, the divorce vultures (a.k.a., the Family Law Section of the Florida Bar) have conned the Florida Legislature into writing divorce legislation that maximizes litigation and thus maximizes their income. In part, they have accomplished this by maximizing judicial discretion, which in practice means endless conflict and, of course, endless paid litigation.
No matter what they may say, the divorce vultures are interested only in one thing — maximizing their income.
I can irrefutably demonstrate this point with Flemming’s own words: “Thomas Duggar, an attorney in Tallahassee and a member of the Florida Bar’s Family Law Section, said last week at a Tallahassee Bar Association meeting that the section has a $100,000 war chest to sway public opinion against the legislation.”
Do your readers honestly believe they are spending all this money so they will lose income? The divorce vultures get the message in terms of what alimony reform will cost them — and save the children, fathers and mothers of divorce. I regret Mr. Flemming did not do the same.
Full Disclosure: I am an alimony-paying divorced father of two young adult daughters and retired university divorce researcher with multiple research and scholarly publications on this topic.
What a compelling, yet terrible story to read. I live in Thailand, and am currently engaged in a custody battle with my son's mother. We were together for 3 years but never married. Apparently in Thailand, this means although I am my son's biological father, I do not necessarily have any legal rights over him. I have just instructed a Thailand child custody lawyer to help me with my fight. I will not give up hope. I wish you luck.
ReplyDeleteFamily Courts
ReplyDeleteSeptember 19, 2011 at 7:15am
WLYB............court-determined custody as not a right to parent one's children but as the power to prevent the other partner from parenting.[37] Members of the fathers' rights movement state that family courts are biased against fathers and shared custody.[38][39] Baskerville states that the outcome of divorce is overly one-sided and is initiated by mothers in more than two-thirds of cases – especially when children are involved. He also states that divorce provides advantages for women such as automatic custody of the children and financial benefits in the form of child support payments.[40] Members of the FR movement also state that family courts are slow to help fathers enforce their parental rights,[41] expensive and time-consuming.[42]
Baskerville has also stated that family courts are secretive, censoring and punitive towards fathers who criticize them.[37] He also claims that employees and activists within the courts support and benefit from the separation of children from their parents[43] and that family law today represents civil rights abuses and intrusive perversion of government power.[44]
https://www.facebook.com/notes/glen-gibellina/family-courts/192180830855055
Florida Judge and Lawyer Complaints
DeleteHow to file complaints against Florida Family Law Judges and Family Law Lawyers?
Each State has its own procedures for filing complaints against Judges. All states require a written and signed complaint. Some states have a form for you to fill out. Other States request a letter. Grievances of misconduct usually concern issues of conflict of interest or impartiality. Adverse rulings or judgments are not considered legitimate grievances. You must support the complaint to the JQC about the Florida Family Law Judge with sufficient documentation.
Florida Family Law Judge Complaints
Write to the Florida Judicial Qualifications Committee.
http://www.floridasupremecourt.org
Florida Family Law Judicial Complaint
Mailing Address
Judicial Qualifications Committee (JQC)
1110 Thomasville Road
Tallahassee, FL 32303
Telephone
850-488-1581
All states maintain an agency to process lawyer complaints. These disciplinary counsels can usually be found as a department of the state bar association or as a branch of the state Supreme Court. Complaints in Florida can be filed by filling out a form supplied by the disciplinary counsel or by writing a letter to The Florida Bar.
Florida Family Law Lawyer Complaints
The Florida Bar handles complaints about family law lawyers in Florida.
Mailing Address
The Florida Bar
651 E. Jefferson Street
Tallahassee, FL 32399-2300
Telephone
850-561-5600
Miami-Dade Police Major Herrera: Please remember that Florida law requires, as a minimum qualification for its law enforcement officers, that they be of good moral character. Florida law further provides that officers who lack good moral character may be stripped of their license to serve in law enforcement. Making a false statement under oath is an independent ground upon which a law enforcement officer’s license may be revoked.
ReplyDeleteIn the other hand, there are some any interesting facts that are usually not considered when domestic violence is discussed. Women are seen as victims of domestic violence by large majority (between 85% and 95% of reports showing female victims) over men because men do not call the police; however, if we would consider all the men that do not file a report, for one or another reason, we would not only find out that women are responsible for 70% of domestic violence cases, but also that a large percentage of the women’s reports are either false allegations or that the woman was the initiator of aggression but also who called the police when the man responded to the aggressions. How many times have we heard or even seen of a woman vandalizing a man’s car by scratching it with keys as a result of jealousy or after discovering adultery? Or threaten with committing suicide if the relationship was ended? Or throwing personal belongings out an apartment window or against a wall? Men do not file reports under these circumstances, but they happen every day and more often than not the perpetrator is a woman.
DeleteFalse accusations of domestic violence are, sadly enough, utilized as a tool to obtain legal advantages over a divorce/custody case. In many instances a divorcing parent, mostly women, will make a false accusation of domestic violence against the man to gain custody rights over their children and ruining the other parent's life in many ways. The alleged "aggressor" will be put in jail and have public records of domestic violence, potentially loosing custody of a child, losing a job, professional licenses, etc. In many cases Judges are reluctant to dismiss a restraining order risking that the accusation was rightful and thus leaving the accuser exposed to further abuse. Sometimes Judges not even allow the accusers to explain themselves and simply make a ruling by reading the "victim's" statement. Victims of "false accusations of domestic violence" have changed their life becoming miserably, in many cases, by losing their jobs, thus not being able to not only pay their bills, but also a court order child support, bringing them back to jail and into a cycle that is emotionally devastating to both the victim and his/her children.
In conclusion, domestic violence is a very serious problem that needs to be treated in a case by case situation with an in depth investigation and consequences to both the victim and the abuser, whether is a real case or a false allegation. Everyone involved in the investigation, from the victim to the Judge ruling on a restraining order, should take into consideration the facts and the overall situation of the couple in dispute (divorcing, disputing custody of children, etc). Education and support are essential to understanding, preventing and treating this problem.
WOW... talk about weird, I am literally at a coffee shop right now... Reading and filling out legal forms for a Motion to Change custody. 11 years after having adopted YOUR EXACT ATTITUDE... No situation is the same, but I would like to offer a Warning to you Sir.
ReplyDeleteWhen a child is witness to a parents psychological and emotional warfare against the other parent, They become very conflicted. If a child lives with the mother and the mother creates a 'culture about YOU' in her life by establishing values based on emotions.. You can assume that the child will learn this 'culture' and the same values as that child is being raised by that parent and in that house.
Children are Humans who are less developed then Adults. People tend to treat Children like sweet beautiful little stuffed animals or puppy's. I have seen parents talk to their children in the same manor as they would a new puppy (Example)" 'who's hungry? who's hungry? Youuuu Arrrrre!! Yayyy, are we gonna eat some food? yes we are!! ".
Children are Humans, they just need to grow on all levels. If you teach a child to be a child until he is 18, do not be surprised that the 18 year old will act like a child until he is 32. In the same respects, I would like to explain that if you only worry about the child being happy and less stressed out then he might if you went to court, you are helping your child believe that you are a really nice fun 'Relative' who wants him to be happy above all else... Not a parent who is Authoritative and has expectations and is the protector and educator, Not a parent who is concerned about the child's best interests; Best interests meaning that the child has fundamental core values stemming from both his Parents... The mother of this child is a Human too, she was once a child with mental and emotional programming that you have very little 'real' understanding of, she Might just decide to start pushing you around by using your child to punish you. In the time it takes for you to motion to court, retain a lawyer, she can remove your child for a month or longer. If she knows you are willing to do what she wants, she will simply wait until you are very sad and miss the child, and then she will grant you some parenting time in which you might feel very greatful for. This system becomes a pattern, it establishes a 'general idea' of how she knows she can treat you.
I am going to go ahead and give you some information that took me more then a decade to understand.
Women and Men are both Humans. We should have the same rights but in many societies we do not. Some of our cultures and countries have laws that grant Equal rights by law, but not by practice in court.
DeleteA parent who loves their child will protect their child. When two parents are together in marriage, they attempt to co-protect and raise their children. When a parent divorces the other, THEY ARE NOT ON YOUR TEAM ANYMORE... IT IS NOT A CO-PARENT SITUATION and the other parent will 'Protect' the child even from you. If you anger or upset the other parent, they can project their own fears and insecurities into how they grant access to the child. The other parent may decide that since you made them angry, that you are not appropriate to be a parent that day or be around the child. This is totally unacceptable but happens all the time.
You need to protect the CHILDS RELATIONSHIP to YOU... not simply protect the child. NO ONE ELSE WILL PROTECT HIS MIND AND THE WAY HE THINKS ABOUT YOU. In time, he will have a different idea of who you are. Everything it means to be a parent or be his father will not be the same if you do not protect it. It is now YOU parenting your child on your own without her help. She is a parent on her own. you are not a team, Even if you get along and are friends, the honest truth is that can change in 1 hour... and you want to establish Rights that LAW enforces.
DO NOT WAIT. ESTABLISH COURT ORDERS DEFINING SPECIFIC ACCESS AND PARENTING TIME, and CUSTODY...
I would still get court ordered protection for your basic parental rights as a non-custodial parent. This would protect your times for visiting your child even if your relationship with the mother fluctuates. I write a lot, and I can be some what 'intense' in the things I say, but honestly.. I have seen a lot of single fathers lose touch with their children after backing off and allowing the mom's to handle things. Your child might need his mother for special care, but you can still have some sort of Order that keeps your relationship and time with your son in your control. Imagine you are in a car driving and you could make a choice to have your Ex be in control of the car, but she is not inside it. She could do whatever she wants and she could not be hurt. You need control of whatever is effecting your mind and body, no one else should have that power. The time with your child is critical and only you can ensure that you are protected, and your childs relationship to you is protected.
DeleteIt will totally depend on how much you want to invest in having the control of your own relationship and your childs relationship to you.
Your child will be ok as long as he knows his parents are doing all they can to love him and help him.
Best luck to you and your child
There is an order to the madness that is Law. Human rights are above any other rights (which is why we still honor most criminals human rights).
DeleteThere is a 'system of oppression' not to unlike that of what African Americans faced in varied degrees of racism in the United States in the earlier half of the 20th century. This system of Oppression is a gender stereo type driven culture based on values that have went uncontested by men for countless years. Women do not have a special claim to psychic powers, They do not have a maternal instinct that is some sort of telepathic node connecting them to their children like a GPS tracking beacon. Men are not all thinking about sex and fighting and who is the strongest and well,... skipping past a few hundred other common misconceptions about the genders, mothers and fathers and society... The reality is Human Rights are before any other law that gives special protection or care to women and or children, men or situations involving gender. Human Rights are the number 1 authority that no bylaw or sublaw can trump. Yes, many courts have ways to defuse the intensity of the violation by drawing the topic and area of concern away from the obvious transgressions of Human Rights...
But... This... this 'allowance' we give the courts and women is a perpetuating fuel source for all the oppression that male parents face in society. A culture of fear... We are asking what we can or cannot do because we are afraid of operating outside the expectations of society.
The ONLY person you have to seek permission from in any matter regarding a joint child (joint meaning: you being one legal or biological parent of the child and the child that of another legal or biological parent) is the Legal system that structures laws and enforces laws. You can and should establish court orders that protect your rights. If you do not, then you will not have the power to enforce your parental rights for access to that child (which is not a form of courtesy gratitude, showing intentions, or respect). No parent (especially psychically tethered with ethereal umbilical cords to their children that allow the parent to understand every best interest of that child in any situation excluding the possibilities of their insecurities or psychiatric state) will show mercy, or give special consideration to another parent who bows down to the will and wishes of the other. Such a 'peace' is not a FACT of life, it is simply a 'behavior' that allows one parent to be manipulated or manipulate. This behavior is a temporary and convoluted repair for what is not actually being fixed (you would not fix a sinking boat with chewing gum).
DeleteYou must secure FACTS for your life... a fact is a truth... so let there be truth!! and light of course... and let that truth be that you have a court order from a judge or magistrate that defines your legal status as a parent based on your abilities and the best interests of yourself as a parent to this child and this child's interests respective of parental guidance.
Do not wait, do not ponder... do not will and wish and wash your own face with your tears. Simply gather the strength of your love for your child and the self respect and self love you have... Figure out the exact process to establish legal rights defined in a court order (starting with a piece of paper where you write down what you want from your relationship with your child WITHOUT the Mother being a part of your wants on this list...). Determine the process cost and starting point and start positioning yourself to engage the process.
Do not use the word 'fathers rights' in court. Use PARENTAL RIGHTS. Do not use HUMAN RIGHTS as a reference to a judge because the judge knows that is the end all and starting point of all rights and it can subconsciously come out as a condescending reference to a 'bigger idea'; instead use references such as: 'In regards to best interests of parenting' Approach 'parenting' as an idea that means so much more then Man Vs Woman (because it does...) and sell that... because most likely even some of the people reading this have deep seeds believing women are better or more natural parents then men. The reality is that you can brain wash children to grow up believing realities that simply divide and harm others.
Never should a law read Fathers, Mothers... It should simply read: Parents... a Parents rights account for the rights of a parent. the moment a gender is assigned, it is a gender discriminative marker granting access to violate your human rights.
You may not be able to get exactly what you want, or run through the streets waving the 'fathers rights' or HUMAN RIGHTS flag.... but you can learn how to speak to those who hold positions of authority and you can secure your rights as a parent.
If you have the strength and aptitude to stand up for yourself as a parent. You MUST also write ONE letter to your local representatives and request that laws be reviewed to grant Equality to parents irregardless of gender and site local region or area examples of how gender bias prevents the best interest of a child from having two loving equal parents to raise that child.
Best wishes,
Ryan Sellars
Minnesota
It's human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society. Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.
ReplyDeleteAs a nation we have been granted certain civil rights by our constitution. Through the years it has been amended to better the lives of many Americans. The two most notable changes have come to Women in the 1920s and with African Americans in the 1960s. These rights were long overdue for both segments of our nation but thankfully we realized our mistakes and corrected them. This was not an easy journey for either of these crusades but through dedication and perseverance the bells of liberty rang loudly and victory was achieved.
Unfortunately we have reached yet another fork in the road and with that comes another challenge to the American people. "We've worked hard for women's rights, but we have to watch out that the pendulum doesn't swing the other way" says Ruthie J. of the Reach FM. Ironically the pendulum has already swung far to one side and this time the male gender is being demonized by erroneous and fraudulent information. Males are being portrayed as callus, uncaring, and without emotion. We are being taught that men represent 95% of abuse in this nation against women. These and many other false statistics are being recklessly strewn throughout society and none of it is true. Yes, women are being abused by men that is a fact. striking a woman is abhorrent to the highest degree and should be dealt with appropriately but men are abused at an equal rate and they are being ignored. According to a study by the Center for Disease Control men represent 38% of domestic violence related injuries. Compound that with the fact that only 0.9% of men report abuse verses 8.5% of women and I think we have a pretty equal degree of violence between partners.
The cornerstone of this "abuse" is VAWA the Violence Against Women Act. It was passed into law by Bill Clinton in 1994 and has been extended by every subsequent President. This law funnels Billions of dollars into discriminatory education and propaganda that violates men's civil rights. Many times DVIs or Domestic Violence Injunctions are used as a tool in divorce, child custody or just vengeance against a partner, most often against males. This is because the system of acquiring a DVI is simple and requires no evidence, witnesses or prior police reports. Just the word of an alleged victim making a claim of abuse. The repercussions of these orders are devastating and many times result in a violation, arrest and complete destruction of one's life. Even in cases when they are dismissed, a serious blemish remains on the falsely accused forever; how does that look to potential employers who almost always perform background checks prior to employment? This must be stopped and a better system of protecting all victims of domestic violence should be put in place.
I hope to help bring awareness to gender discrimination and help provide support for men who are abused. There are programs to help women of abuse but nothing for men. My website will provide more information on the facts, my personal experiences and the stories of those who have been victims of this heinous tactic of relationship vengeance. Men and women should truly have equal rights and currently the scales are unjustly tilted. Let's work together to end domestic violence and not vilify one gender as inherently abusive. "United we stand, divided we fall" A powerful statement that we must never forget.
Thank you,
Tom Lemons
Founder, www.falsedvireports.com
A Support and Advocacy blog for Protective Parents and innocent Children harmed by wrongdoing under the color of law, the Family Law and CPS Industries. We investigate where the media can't or won't go.
ReplyDeleteThe people "have the right to instruct their representatives, petition government for redress of grievances, and assemble freely to consult for the common good." In Keeping with the Constitution, Blind Bulldog is committed to serving the common good in Shasta County.
The following, brilliant take is from a Blind Bulldog affiliate from Southern Cal:
"The untethered aggression of family courts is due to a vacuum of institutional client advocacy--unlike criminal courts, which have firmly-established constitutional rights, strict state and federal oversight of state court judges, and a dedicated “criminal defense bar” to thwart government aggression, or civil courts that have “plaintiffs'” and “defense” bars to balance one another’s private agendas, family court has no “litigant bar.” The divorce attorneys themselves favor aggression for the simple reason identified in the movie--follow the money. Attorneys have not filled that vacuum to defend their own clients, leaving them vulnerable to the natural tendency of government to intrude. Family court litigants are, sad to say, woefully unaware of what they’re up against, and the body count shows results that are entirely predictable--but we think preventable.
Family court was created by lawyers and judges--literally--rather than the citizens it should be protecting. We’ve located the history through testimony and other documentation showing something like a Jekyll Island series of “off the record” meetings between California judges, attorneys, and bureaucrats in the 90’s to “set up” family court to their liking, then seeking what became essentially a rubber stamp granting unheard of discretion from the California legislature. This system is now unfortunately the model or trend for many states--hence our nationwide membership and approach. Citizens had virtually no input and maintain no control.
Federal courts have observed unusually broad adaptations of “federalism,” “comity,” “standing,” and “abstention” legal doctrines to leave the vacuum unoccupied by otherwise ordinary protections of federal rights for individual citizens and legal consumers. Litigants themselves are outmatched in organization--they’re a revolving door commodity. No one wants to stick around long enough to enforce reform. Hence rampant abuse in a lop-sided system of foxes guarding the henhouse, and you and I are on the ever-expanding menu."
PRO SE RIGHTS:
ReplyDeleteBrotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.
Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.
Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."
Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."
Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.
Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."
Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.
Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."
NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."
Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."
Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).
Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."
Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."
Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."
Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
Review from the late Carl Fredrich, founder of the American Pro Se Association
ReplyDelete2012 ~
" "How to Win a Lawsuit Without Hiring a Lawyer" is a very informative book -- and for those who find themselves in certain circumstances it can be said to be indispensable. The book might be more appropriately entitled: "Pursuing A Lawsuit Without A Lawyer: Even Against the Authorities." This book, as far as we know, is the only simplified low cost resource addressing an area of increasing need -- where one's rights have been trampled or denied by police or other officials and how you can do something affordable about it. The book actually contains an enormous amount of information and legal theories and specific instructions on how to proceed with respect to a number of issues.
Considering it is a generic law book written to address both Federal and all 50 states laws, it possesses both the advantages and drawbacks inherent in covering so much territory. The book also addresses this difficult problem and stresses the need to consult specific state statutes and/or the necessary specific information on any administrative law forums should they be applicable. (These are often called 'administrative law court' but they are really central panels of the administrative branch -- not judicial branch of government.)
"CHILDREN OF DIVORCE DESERVE FULL ACCESS TO BOTH PARENTS, WHENEVER POSSIBLE."
ReplyDeletePersonally, I can’t find anyone willing to reject that statement publicly. It’s a fundamental truth. We now have a wealth of evidence demonstrating children are better off, in most situations, when they have something near equal time with each parent. So why are shared-parenting bills are being rejected throughout the country?
Do legislators believe mothers are more important to children than fathers? For the most part, I don’t think so. Politicians are, however, under quite a bit of pressure from some very powerful anti-shared parenting special interests. Recently, we’ve seen these opponents contribute to shared-parenting bills failing to pass in South Dakota and Minnesota.
Some would argue disappointments like those are clear signs that shared parenting legislation will not happen anytime soon. The opposite is true. The near victories in these states and others is an enormous indication politicians are beginning to understand the vast majority of American citizens believe children of divorce deserve equal access to both parents, whenever possible.
In fact, South Dakota’s bill lost in a 21-13 Senate vote. That’s a swing of 5 senators. If merely 5 senators felt more pressure from South Dakotans than they did from special interests, South Dakota would have a shared parenting statute. We should commend the remaining politicians in South Dakota’s Senate for doing the right thing.
In Minnesota … well, Minnesota is a travesty. That bill passed, and on May 24, 2012 Governor Mark Dayton vetoed it. Governor Dayton claimed that both sides made “compelling arguments,” but because the “ramifications” of the legislation were “uncertain,” he decided to single-handedly overrule the will of his constituents and their representatives. Mr. Governor, unless you are ending slavery or beginning women’s suffrage, you will likely never have the benefit of “certainty” in your political career. Again, we should praise the Minnesotan politicians who voted for the bill.
Six people. Six people stopped two states from enacting shared parenting. Six people do not indicate shared parenting is a distant hope – they indicate profoundly that it is an imminent inevitability.
Mike Haskell is a divorced dad, shared parenting supporter and practicing family law attorney in Grand Rapids, Michigan.
ACFC is America's Shared Parenting Organization
"CHILDREN NEED BOTH PARENTS"
The members of the American Coalition for Fathers and Children dedicate ourselves to the creation of a family law system and public awareness which promotes equal rights for ALL parties affected by issues of the modern family.
ACFC is challenging the current system of American family law and policy. Through a national system of local affiliates and in alliance with other pro-family and civil liberties groups, ACFC is shifting the public debate to the real causes of family dissolution.
Hey Bio-Mom,
ReplyDeleteI see you have found our little club here and you've decided to troll around for a bit. I first would like to say "welcome" on behalf of the men and women who suffer daily inside and outside these pages. We are glad you are here.
Feel free to take your time and peruse the stories of men and women who have lost everything. Take in the agony and the pain, read the horror stories of men who havn't seen their children in 6 weeks, 6 months or 6 years. You will notice that all the stories share a familiar tone. The pain is real. The disbelief is palpable. The constant barrage of men ready to give up is unfortunately true. They may give up and stop fighting vindictive exes for their children and just move on, only to be later called a deadbeat loser from the same woman that deprived him of his children. They may give up and eat a bullet, jump from a bridge or tie a noose around their neck and say their final goodbye. You win, they lose. You are now an accessory to murder.
Stick around and look at the pictures of the children that are left behind. These are the other victims. The victims without a voice in all of this. Had they had a choice they would almost always choose to have a loving caring father by their side. You deprive them of that. Not only do you assist in the murdering of fathers, but you're also a child abuser. Congratulations.
Be sure to keep coming back to our little club here. Make jokes about how we are all domestic abusers who feel we have some ghastly privilege of fathering our children. Keep your kids close to you, be sure you cash that child support check and keep the children from Daddy if he misses a payment. It's only a fair punishment for him. Make him suffer. Make him hurt so bad he stays awake at night crying because he misses his kids so badly. Make him out to be the deadbeat you just know he is. Make his feel the depths of depression and despair by keeping his kids from him. Threaten to have him arrested and thrown in jail for inability to pay child support. You're cruising now bio-mom. You show them who is boss. Don't allow him to talk to his kids on the phone. Don't allow him to have one extra minute of "visitation". Marginalize him and make him feel what a scumbag he truly is. Don't tell him of your children's accomplishment or how they are doing in school. Keep any and all medical records from him. Keep him guessing who is with his children and where they are living. Keep doing what you are doing bio-mom. Now we all know who the boss is. It was never the judges or lawyers who caused all this. It was you. Now look down at your children and realize everything you have done to your ex has also been done to them. See, you are a child abuser after all.
Sleep tight,
Joe Makem
#StandUpForZoraya #ILoveAndNeedMyDaughter #EndParentalAlienation
ReplyDelete