Certain Truths Are Self-Evident

Ten things you need to know about the structure of the CRC:

• It is a treaty which creates binding rules of law.  It is no mere statement of altruism.^1.
• Its effect would be binding on American families, courts, and policy-makers.^2.
• Children of other nations would not be impacted or helped in any direct way by our ratification.^3.
• The CRC would automatically override almost all American laws on children and families because of the U.S. Constitution’s Supremacy Clause in Article VI.^4.
• The CRC has some elements that are self-executing, while others would require implementing legislation.  Federal courts would have the power to determine which provisions were self-executing.^5.
• The courts would have the power to directly enforce the provisions that are self-executing.^6.
• Congress would have the power to directly legislate on all subjects necessary to comply with the treaty.  This would constitute the most massive shift of power from the states to the federal government in American history.^7.
• A committee of 18 experts from other nations, sitting in Geneva, has the authority to issue official interpretations of the treaty which are entitled to binding weight in American courts and legislatures.  This effectively transfers ultimate authority for all policies in this area to this foreign committee.^8.
• Under international law, the treaty overrides even our Constitution.^9.
• Reservations, declarations, or understandings intended to modify our duty to comply with this treaty will be void if they are determined to be inconsistent with the object and purpose of the treaty.^10.

Ten things you need to know about the substance of the CRC:

A Collection of Family Court Stories - FCLU

Post by Families Civil Liberties Union www.fclu.org.

BEWARE OF YOUR BANK ACCOUNT
AND YOUR CHILDREN'S HEALTH & FUTURE

A COLLECTION OF CURRENT FAMILY COURT STORIES

SHORT STORIES OF "FAMILY" COURT CORRUPTION & EXTORTION

BEWARE OF YOUR BANK ACCOUNT AND YOUR CHILDREN'S HEALTH & FUTURE A COLLECTION OF CURRENT FAMILY COURT STORIES By Irwin R. Eisenstein, MBA, JD Ironstone44@gmail.com Our  divorce started in 1991, and finally ended in 2009.  During that time I filed complaints against lawyers and judges for violating numerous laws and civil rights.  The fraudulent acts, perjury and abuses within the divorce system were rampant.  After going through the divorce, I could understand how all people can be skeptical about the entire legal system. Rather than talk about issues within the system that you must know are broken, let me list some ways that you can use to improve the system. Allow complaints against lawyers while an action is ongoing.  Now, the rules of the bar ethics committees usually will not pursue complaints while an action is ongoing and this only encourages lawyers to continue to violate RPC.  When there are children and child support, actions go on for years and the abuses by lawyers continue.   Take the review of lawyers conduct away from members of the legal profession who do not police themselves adequately.  I understand that there may be non-lawyers on the evaluation committee, but not a majority (use lawyers as advisors only.)   The same type of reviews and standards should be allowed against judges.  Now, judges have almost absolute immunity.  In those actions where judges can be sued, the actions are usually dismissed by other judges.  I have observed judges act improperly and wagered with several other law students (at the time) that if I sat within a judges hearings for two weeks, I would find at least one violation of rules, cannons, law or behavior.  I made that offer to one student whose father was a judge, and he refused to take up the wager.   Pass a law that will eliminate judicial immunity for other than executive, administrative, and legislative functions.  The precursor of the civil rights laws (42 USC § 1983)   allowed laws to be applied against judges (See the U.S. Supreme Court case Ex Parte Virginia – where a judge was jailed for excluding blacks from a jury.).  Rotate judges out of specific courts with some exceptions.  When judges and lawyers become familiar and friendly, abuses occur.   I have not mentioned any particular judges but have observed several who have knowingly violated rules and law.  Open all family court rooms to the public.  I know that several renovations have limited seating in courtrooms so actions could not be reviewed or observed.   Electronically capture all court documents and make them available and searchable on the internet.  (If necessary, redacting of critical information will protect privacy.).  Limit the sealing of documents by judges who do this to protect themselves after knowingly making incorrect determinations.  When lawyers violate rules against Pro Se opponents, suspend them, incrementally.   I have been in jurisdictions that elect or appoint judges (New Jersey appoints and after seven years they have life jobs). Both systems have flaws.  I would eliminate life tenure for judges because it tends to encourage lax behavior and makes it impossible to remove bad judges.

The Constitution is DEAD in Family Court

The Constitution is DEAD in Family Court

And it has been dead for a long time.

In the summer of 1999, when I was utterly confused why I was in trouble with CPS, it occurred to me to search the internet to see if other people were having similar problems with Oregon CPS. 

That is how I found Will and Pamela Gaston's "A Voice for Children" website.  They had been heavily involved in court cases for several years.  I was absolutely SHOCKED at how lawless the Oregon courts were and the absolutely corrupt, insane decisions Gastons were getting. 

Obviously the Constitution did not apply, nor did any actual laws either.  CPS had a free hand to do whatever they wanted to.  The courts would contrive any shitty "decision" necessary to defend the Status Quo and keep the agencies operating at their full, evil capacity.  Everybody working in the system has a "get out of jail free" card.  Right or wrong has nothing to do with it. 

Watching how Pamela presented her cases to GET THE TRUTH ON THE RECORD was an extremely useful learning curve to me.

Along the line, it occurred to a bunch of us that we did not merely have a problem in our particular state- it was a nation-wide problem.

Not since the overthrow of the Weimar Republic have the leaders of a major democracy used their offices and the mass media to disseminate invective against millions of their own citizens. In fact it was Adolph Hitler who urged that “the state must declare the child to be the most precious treasure of the people” and who explained, in the words of Rabbi Daniel Lapin, that “as long as government is perceived as working for the benefit of children, the people happily will endure almost any curtailment of liberty.” Using children to tug on our heartstrings may be not only a weakness of the sentimental. It also may be a ploy by those cynical and unscrupulous enough to exploit children for their own purposes. This is likely to be remembered as one of the most diabolical perversions of governmental power in our history, a time when we allowed children to be used and abused by fast-talking government officials and paid for it with our families, our social order and our constitutional rights.-- STEPHEN BASKERVILLE (in about 2000)

Letters from Children to Family Court Judges

Families Civil Liberties Union

Family Court

  

Please contact Greg Roberts with all stories of Family Court Corruption @ groberts@fclu.org. We are compiling data for a growing investigation. 201-220-4897 if you have inside info on judges and lawyers involved in provable corruption.

Post by Stop Mental Child Abuse.

Post by Applying The Law In Family Law.

Please contact Greg Roberts with all stories of Family Court Corruption @ groberts@fclu.org. We are compiling data for a growing investigation. 201-220-4897 if you have inside info on judges and lawyers involved in provable corruption.

The Pursuit Of Happiness

Published on May 23, 2012

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Parent’s rights have been recognized as being “essential to the orderly pursuit of happiness by free man.” Meyer v. Nebraska, 262 US 390; 43 S Ct 625, (1923).

Even when blood relationships are strained, parents retain vital interest in preventing irretrievable destruction of their family life; if anything, persons faced with forced dissolution of their parental rights have more critical need for procedural protections than do those resisting state intervention into ongoing family affairs. Santosky v. Kramer, 102 S Ct 1388; 455 US 745, (1982).

Parents have a fundamental constitutionally protected interest in continuity of legal bond with their children. Matter of Delaney, 617 P 2d 886, Oklahoma (1980).

The liberty interest of the family encompasses an interest in retaining custody of one’s children and, thus, a state may not interfere with a parent’s custodial rights absent due process protections. Langton v. Maloney, 527 F Supp 538, D.C. Conn. (1981).

Parent’s right to custody of child is a right encompassed within protection of this amendment which may not be interfered with under guise of protecting public interest by legislative action which is arbitrary or without reasonable relation to some purpose within competency of state to effect. Regenold v. Baby Fold, Inc., 369 NE 2d 858; 68 Ill 2d 419, appeal dismissed 98 S Ct 1598, 435 US 963, IL, (1977).

Parent’s interest in custody of her children is a liberty interest which has received considerable constitutional protection; a parent who is deprived of custody of his or her child, even though temporarily, suffers thereby grievous loss and such loss deserves extensive due process protection. In the Interest of Cooper, 621 P 2d 437; 5 Kansas App Div 2d 584, (1980).

The Due Process Clause of the Fourteenth Amendment requires that severance in the parent-child relationship caused by the state occur only with rigorous protections for individual liberty interests at stake. Bell v. City of Milwaukee, 746 F 2d 1205; US Ct App 7th Cir WI, (1984).

Father enjoys the right to associate with his children which is guaranteed by this amendment (First) as incorporated in Amendment 14, or which is embodied in the concept of “liberty” as that word is used in the Due Process Clause of the 14th Amendment and Equal Protection Clause of the 14th Amendment. Mabra v. Schmidt, 356 F Supp 620; DC, WI (1973).

“Separated as our issue is from that of the future interests of the children, we have before us the elemental question whether a court of a state, where a mother is neither domiciled, resident nor present, may cut off her immediate right to the care, custody, management and companionship of her minor children without having jurisdiction over her in personam. Rights far more precious to appellant than property rights will be cut off if she is to be bound by the Wisconsin award of custody.” May v. Anderson, 345 US 528, 533; 73 S Ct 840, 843, (1952).

A parent’s right to care and companionship of his or her children are so fundamental, as to be guaranteed protection under the First, Ninth, and Fourteenth Amendments of the United States Constitution. In re: J.S. and C., 324 A 2d 90; supra 129 NJ Super, at 489.

The Court stressed, “the parent-child relationship is an important interest that undeniably warrants deference and, absent a powerful countervailing interest, protection.” A parent’s interest in the companionship, care, custody and management of his or her children rises to a constitutionally secured right, given the centrality of family life as the focus for personal meaning and responsibility. Stanley v. Illinois, 405 US 645, 651; 92 S Ct 1208, (1972).

 

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.

1. 1 Introduction to the Constitution - Part 1by hillsdalecollege
2. ▶ Introduction to the Constitution - Part 2by hillsdalecollege
3. 3 Introduction to the Constitution - Part 3by hillsdalecollege
4. 4 Introduction to the Constitution - Part 4by hillsdalecollege

Grandparents Have Rights in Florida!!

Right to see Grandchildren after parents' divorces...

Grandparents will get legal right to see grandchildren after divorce battles "For the first time, separating parents will be exp...

The bill states, "Upon the filing of a petition by a grandparent for visitation, the court shall hold a preliminary hearing ... the court may award reasonable visitation to the grandparent ... if the court finds by clear and convincing evidence that a parent is unfit or that there is significant harm to the child, that visitation is in the best interest of the minor child, and that the visitation will not materially harm the parent-child relationship."

Another day without not even phone contact with Zoraya - CONTACT DENIAL IS CHILD ABUSE

Group Rallies For Fathers’ Parental Rights At Capitol

“When I despair, I remember that all through history the way of truth and love have always won. There have been tyrants and murderers, and for a time, they can seem invincible, but in the end, they always fall. Think of it–always.” ― Mahatma Gandhi.

Florida Bar Accused of Misconduct

Another dangerously flawed family law reform bill has been once again submitted in the Florida Legislature. As this flawed legislation persists, Republican Sen. Tom Lee, who has been embroiled in his own past divorce and child support battles, has now introduced Senate Bill 250. Many marginalized members of the Florida Bar are saying enough is enough — it’s time for Florida Gov. Rick Scott to do the right thing and form a neutral “Family Law Reform Task Force” to carefully study this issue and recommend fair and equitable changes to our family law statutes that, if necessary, do not unjustly harm women and children.

The proposed Alimony/Family Law Reform bill contains as one of its greatest flaws an equal child timesharing provision, which creates a legal presumption that equal time splitting between parents occur. This legal presumption can only be overcome if the parent challenging the presumption enters into a legal fight and proves, with evidence, that it is not in the best interests of the child to have equal time with both parents.

There is no exception in the proposed statute regarding the age, physical or mental health of the child, or the physical or mental health of the parents. This will mean that unless a parent challenges the law, infants and toddlers would be exchanged between households on a nearly 50/50 basis. Alcoholic or abusive parents will be presumed to be entitled to 50/50 split timesharing with their children as well, including overnights.

Judge Robert M. Evans says another dangerously flawed “Family Law Reform” bill has been once again submitted in the Florida Legislature. Many marginalized members of The Florida Bar are saying “enough is enough.” Evans believes it’s time for Gov. Rick Scott to do the right thing and form a neutral Family Law Reform Task Force to carefully study the issue and recommend fair and equitable changes to our family law statutes that if necessary, do not unjustly harm women and children.

A nightmare development scenario playing out in Palm Beach County, which Sally Swartz says is bad news for proponents of local control statewide. The worst blow of all: Counties have no choice. Florida lawmakers allow the new development and counties are forced to go along.Dr. John H. Armstrong, Florida’s surgeon general, writes that unhealthy weight has affected children in the state well before his appointment in 2012.Combating this epidemic would become his highest priority – and it was clear that doing so wouldn’t be as simple as changing the meals served in school cafeterias. While unhealthy weight among youth is still high, the strides the Armstrong and the state has made in recent years show promise for improving a previously bleak situation.Visit Context Florida to dig in.

SOURCE: TODAY ON CONTEXT FLORIDA: FAMILY LAW REFORM, NIGHTMARE DEVELOPMENT AND UNHEALTHY CHILD WEIGHT – SAINTPETERSBLOG

By: Gloria Gomez (FOX 13 NEWS)

POSTED:NOV 12 2015

We all remember how much heat the Florida bar took after they offered a sweetheart deal to three attorneys accused of a DUI setup. Attorney Jeff Brown did not hold back. “If I’m grading them, I give them, I would say you are not to be  admitted into the Florida Bar because you’ve just failed the exam,” said Brown.

The judge rejected it without blinking.

But now, the Florida Bar, which sets the ethical standards for attorneys is accused of breaking its own rules, claims Tampa Attorney Scott Tozian. “The Bar acted in an improper manor in a prosecution of this case,” said Tozian.

Tozian has represented troubled attorneys for over 30 years.

He’s battled the Florida Bar hundreds of times, but this latest case has him shaking his head in disgust. “We felt like the prosecution was biased,” said Tozian.

This all came about during an insurance settlement dispute when one attorney complained to the Florida Bar about being left out of negotiations.

He wanted the bar to punish the opposing attorneys and strip them of their law license.

Emails show he even pressured the bar to hire an ouside attorney instead of using their own.

And in a rare move, the bar agreed, paying the newly hired attorney close to $400,000. “The bar had to actually amend its budget in order to pay that money. It’s not like the Florida bar has $400,000 sitting in a kittie,” said Tozian.

Tozian says that money could’ve been put to better use like funding Pro Bono cases. “Those organizations are always in need of extra funds for the people of the state of Florida who cant afford legal services,” said Tozian.

Even worse, says Tozian, is the bar’s tactics in this case, which he describes as “dishonest, deceitful, and unethical.”

In a motion to the Supreme Court, he accuses the bar of submitting fraudulant documents to the court, and then trying to cover it up, something that should be unheard of for the bar, writing “very simply this case represents cronyism at its worst.”

Tozian says dozens of e-mails and sworn testimony backs up his claims.

He is now taking his complaints about the bar misconduct to the Florida Supreme Court. “The vast majority of the men and women who represent the Florida Bar do so ably and confidently and ethically. In this case I question all of that,” said Tozian.

Tozian wants the high court to dismiss the case against his clients because of the bar’s misconduct.

Meanwhile, the bar sent FOX 13 a response to these allegations.

They concede that while some of the actions may look suspicious, they are adamant they never intended to deceive or hide anything from anyone.

Advancing the Cause of Parental Rights in Florida

We are pleased to announce that we have a 2015 Parental Rights Bill filed in the State of Florida Legislature!

Rep. Michael Bileca has courageously undertaken our cause in the House of Representatives to sponsor Parental Rights Bill HB 737. In the Senate, Sen. Thad Altman has done the same with SB 1532. We are thankful for these legislators and their efforts. Please extend your gratitude to them by clicking their names above, and sending them a thank you note via e mail.

This is a huge development in the story line of advancing the cause of Parental Rights in Florida. This bill revises existing Florida Law to establish the right of a parent to make decisions regarding upbringing, education and care of their child AS A FUNDAMENTAL RIGHT. It does so all the while while protecting kids at risk, because it continues to allow the state to protect children when they are truly in jeopardy. But this law requires specific findings to be produced to overcome the fundamental right parents would have. It takes away the leeway that currently exists for state agencies to act arbitrarily.

To pass this legislation, it will require Passage through certain committees. The individuals who chair these committees decide what bills get discussed, and thus passed through to the house for a vote. So this next step is critical to the life of this effort for 2015.

CALL TO ACTION !!!

Contact the three Legislators below via e mail 
IMMEDIATELY.

These three legislators chair committees that the 2015 Parental Rights Bill (HB 737) needs to pass through.

Rep. Kathleen Passidomo(R) Civil Justice Committee Chair ~ Email: Kathleen.Passidomo@myfloridahouse.gov

Rep. Charles McBurney(R) Judiciary Committee Chair ~ Email: Charles.McBurney@myfloridahouse.gov

Rep Gayle Harrell (R)
Email: Gayle.Harrell@myfloridahouse.gov 
Children, Families and Seniors Subcommittee Chair

What should I write?
Here is some suggested Language for your e-mail. Add edits as needed to personalize if desired. But remember - keep it short and to the point. Lengthy e mails lose their power because they are not likely to be read by the Representative or their staff.

Subject Line:
Committee Chair - Please Support HB 737 Parental Rights Bill

Body:Dear Rep. (Their Last Name),

This e mail is to express my strong support for HB 737 - The Parental Rights Bill. I support it because I believe that Parents should have a fundamental right to direct the care, upbringing and education of their children. This bill has been assigned to the committee that you currently chair. I respectfully ask that you allow HB 737 (Parental Rights Bill) to be discussed and voted on in your committee.

I look forward to seeing HB 737 Parental Rights Bill passed as Law in Florida this year!

Sincerely,
(Your Name)