The gift of parenting children is the single greatest blessing and experience an individual can enjoy in life. Therefore to me, parenting rights are not a “special rights” concern; they are a “human rights” concern.
So, I want to ask where you stand on an important political issue: Family Law Reform.
As you may or may not be aware, our current system of Family Law has devolved into one in which a whole host of Family Court Industry players are profiteering from the minimization or elimination of parenting time and rights for non-custodial parents.
Many custodial parents, lawyers, parenting plan evaluators, supervised parenting services, States, friends of the Court social workers, many Courts, and others; are making money by using children as an excuse to exploit non-custodial parents, causing irreparable harm to both children and their parents in the process.
I, and a rapidly growing base of many others, would like this to stop. More specifically, we are asking for five primary reforms to Family Law:
The presumption of 50/50 custody and parenting rights during and after divorce. We are NOT asking for a REQUIREMENT of 50/50, because we still want parents to be able to decide for themselves what works best for them. However, in the event that case goes to trial, instead of having the NCP being forced to rise to a high standard to show why they should have time with their children, I believe it’s far healthier (for both parents and children) for the parent contesting this time to be required to rise to a high standard to show why the NCP should NOT have equal time with their children. And while this may dramatically hit the financial accounts of those who are using children for profit by creating or aggravating conditions of conflict, this reform will affect far healthier outcomes for families.
I would like reforms to child support calculations. More specifically, an elimination of financial incentives for minimizing or eliminating a non-custodial parent’s time with their little ones. As it sits now, there are basically two pieces to the child support calculation: (1) An actual physical needs worksheet, and (2) A tax-free income redistribution; with the Court establishing the higher of the two as the child support order. I recognize that custodial parents may need some time to adjust after divorce, and I have no problems with alimony/maintenance. However, I would like the alimony portion of child support to be eliminated. If a CP wants to better their lifestyle, they can put the work into bettering themselves just like NCP’S are often admonished to do. Children are NOT tax-free income producing assets, and NCP’s are NOT indentured servants.
Reforms to child support enforcement: If one wants to accomplish a goal, it helps establish good or helpful conditions to achieve that goal. Unfortunately, the Family Court has become accustomed to pathological and often draconian measures for enforcement in which the civil rights of NCP’s are systematically ignored or eliminated through administrative court procedures. If a person loses their job, or becomes ill or disabled, it makes no sense what so ever, to take away their driver’s license, vocational license, destroy their credit, throw them in jail, or force them into homelessness. How does this help to ensure the support gets caught-up? It doesn’t. It simply makes the problem worse and sets the non-custodial parent up for future, life-destroying failures. Truthfully, current regimes for enforcement that treat "deadbroke" parents as common criminals are completely inappropriate.
Social Security Act, Title IV, Part D, Section 458 "Incentive Payments To States": I have no problem, in theory, with states being rewarded for child support enforcement. However, I have a big problem with States profiting from it, and a REALLY big problem with the lack of resources available to NCP’s for visitation enforcement. For little or no cost, a CP can have the state pursue civil or criminal remedies for delinquent child support. However, an NCP in reality, must hire an attorney if his or her visitation orders are being ignored, and often, these orders are not enforced with anywhere near the same severity by the Court as they are with child support orders. And I’m confident this is happening in large part, due to the financial interests of those parties noted in paragraph four. Therefore, if there is going to be Federal incentives for the enforcement of Family Court orders, I want equal weighting and importance put the enforcement of visitation orders. Honestly, the message that money is more important than a parent’s relationship and the emotional well-being of children is remarkably disgusting. I simply can’t tolerate that kind of worldview.
VAWA reform. I agree that victims of abuse and violence need the ability to feel safe in swiftly seeking the protection of the Justice system. However, fraudulent allegations of abuse made during Family Court are getting out of control. This is a gender-neutral problem, and it seems it now boils down to which party can launch this nuclear attack first. There are no remedies available to the victims of fraudulent allegations – none, and the damage these allegations cause to both children and parents is catastrophic.
The American Bar Association loves to fall back on VAWA as its reasoning for opposing any kind of Family Law reform. However, I can’t help but wonder how much money attorneys and investigators are making from a law that allows someone to be accused of such a serious crime and presumed guilty of it with no credible evidence what-so-ever. Something needs to be done about this, right now.
In short, much of the current political and judicial rationalizing for the current structure of Family Law centers on the concept of what’s “in the best interests of the children”. However, what is becoming increasingly clear is that children are simply being used as a seemingly noble excuse to mask a greedier underlying motive that is causing significant and irreparable harm to parents and children alike.
I understand you can expect to receive significant resistance to my ideas for reform because those parties noted earlier have a great deal to lose when they take place.
However, I’m not concerned about them. I’m concerned about the health and well-being children and parents, and your position on this matter will affect my voting behavior going forward.
Therefore, I will be grateful if you will tell me, in plain and simple words, where you stand on Family Law Reform.
Thank you so much for your time.
!['The gift of parenting children is the single greatest blessing and experience an individual can enjoy in life. Therefore to me, parenting rights are not a “special rights” concern; they are a “human rights” concern.
So, I want to ask where you stand on an important political issue: Family Law Reform.
As you may or may not be aware, our current system of Family Law has devolved into one in which a whole host of Family Court Industry players are profiteering from the minimization or elimination of parenting time and rights for non-custodial parents.
Many custodial parents, lawyers, parenting plan evaluators, supervised parenting services, States, friends of the Court social workers, many Courts, and others; are making money by using children as an excuse to exploit non-custodial parents, causing irreparable harm to both children and their parents in the process.
I, and a rapidly growing base of many others, would like this to stop. More specifically, we are asking for five primary reforms to Family Law:
The presumption of 50/50 custody and parenting rights during and after divorce. We are NOT asking for a REQUIREMENT of 50/50, because we still want parents to be able to decide for themselves what works best for them. However, in the event that case goes to trial, instead of having the NCP being forced to rise to a high standard to show why they should have time with their children, I believe it’s far healthier (for both parents and children) for the parent contesting this time to be required to rise to a high standard to show why the NCP should NOT have equal time with their children. And while this may dramatically hit the financial accounts of those who are using children for profit by creating or aggravating conditions of conflict, this reform will affect far healthier outcomes for families.
I would like reforms to child support calculations. More specifically, an elimination of financial incentives for minimizing or eliminating a non-custodial parent’s time with their little ones. As it sits now, there are basically two pieces to the child support calculation: (1) An actual physical needs worksheet, and (2) A tax-free income redistribution; with the Court establishing the higher of the two as the child support order. I recognize that custodial parents may need some time to adjust after divorce, and I have no problems with alimony/maintenance. However, I would like the alimony portion of child support to be eliminated. If a CP wants to better their lifestyle, they can put the work into bettering themselves just like NCP’S are often admonished to do. Children are NOT tax-free income producing assets, and NCP’s are NOT indentured servants.
Reforms to child support enforcement: If one wants to accomplish a goal, it helps establish good or helpful conditions to achieve that goal. Unfortunately, the Family Court has become accustomed to pathological and often draconian measures for enforcement in which the civil rights of NCP’s are systematically ignored or eliminated through administrative court procedures. If a person loses their job, or becomes ill or disabled, it makes no sense what so ever, to take away their driver’s license, vocational license, destroy their credit, throw them in jail, or force them into homelessness. How does this help to ensure the support gets caught-up? It doesn’t. It simply makes the problem worse and sets the non-custodial parent up for future, life-destroying failures. Truthfully, current regimes for enforcement that treat "deadbroke" parents as common criminals are completely inappropriate.
Social Security Act, Title IV, Part D, Section 458 "Incentive Payments To States": I have no problem, in theory, with states being rewarded for child support enforcement. However, I have a big problem with States profiting from it, and a REALLY big problem with the lack of resources available to NCP’s for visitation enforcement. For little or no cost, a CP can have the state pursue civil or criminal remedies for delinquent child support. However, an NCP in reality, must hire an attorney if his or her visitation orders are being ignored, and often, these orders are not enforced with anywhere near the same severity by the Court as they are with child support orders. And I’m confident this is happening in large part, due to the financial interests of those parties noted in paragraph four. Therefore, if there is going to be Federal incentives for the enforcement of Family Court orders, I want equal weighting and importance put the enforcement of visitation orders. Honestly, the message that money is more important than a parent’s relationship and the emotional well-being of children is remarkably disgusting. I simply can’t tolerate that kind of worldview.
VAWA reform. I agree that victims of abuse and violence need the ability to feel safe in swiftly seeking the protection of the Justice system. However, fraudulent allegations of abuse made during Family Court are getting out of control. This is a gender-neutral problem, and it seems it now boils down to which party can launch this nuclear attack first. There are no remedies available to the victims of fraudulent allegations – none, and the damage these allegations cause to both children and parents is catastrophic.
The American Bar Association loves to fall back on VAWA as its reasoning for opposing any kind of Family Law reform. However, I can’t help but wonder how much money attorneys and investigators are making from a law that allows someone to be accused of such a serious crime and presumed guilty of it with no credible evidence what-so-ever. Something needs to be done about this, right now.
In short, much of the current political and judicial rationalizing for the current structure of Family Law centers on the concept of what’s “in the best interests of the children”. However, what is becoming increasingly clear is that children are simply being used as a seemingly noble excuse to mask a greedier underlying motive that is causing significant and irreparable harm to parents and children alike.
I understand you can expect to receive significant resistance to my ideas for reform because those parties noted earlier have a great deal to lose when they take place.
However, I’m not concerned about them. I’m concerned about the health and well-being children and parents, and your position on this matter will affect my voting behavior going forward.
Therefore, I will be grateful if you will tell me, in plain and simple words, where you stand on Family Law Reform.
Thank you so much for your time.
Sincerely,
@[137994056385452:844:Let's Join The Purple Keyboard Campaign((Activate \:2015))4 Family Justice Reform!]'](https://scontent-sea1-1.xx.fbcdn.net/hphotos-xfa1/v/t1.0-0/s480x480/11255500_825943370835726_3467347121404218503_n.jpg?oh=62306dd5a1cedd3612303c952ff35cc6&oe=5695CBBA)
A Child's Rights
A child has the right to: • A continuing relationship with both parents. • Be treated not as a piece of property, but as a human being...
WHY IS THIS A CRITICAL ISSUE?
National Council of Juvenile and Family Court JudgesOctober 2 at 5:52pmEdited
#NCJFCJ president Judge Darlene Byrne with Vice President Joe Biden at the Naval Observatory in Washington earlier this week during a reception celebrating t...See More
Reblogged from Battered Mothers - A Human Rights Issue:Crazy Making Legal-Psychiatric Abuse: Signs and PreventionSee on Scoop.it - Battered Mothers and Abused Children
Crazy Making Legal-Psychiatric Abuse: Signs and Prevention reveals the legal abuse, mental abuse and psychological abuse that torment domestic abuse survivors when abuse and divorce are before family court.See on www.preventabusiverelationships.com
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Florida Judge & Lawyer Complaints
ReplyDeleteHow 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
PRO SE RIGHTS:
DeleteBrotherhood 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."
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."
FLORIDA TODAY - OPINION
ReplyDeleteWritten 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.
"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.