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People Who Know Family Court VS People Who Don’t

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A Broken System: Unconstitutionality Of Family Law/ Huff Post/Stephen Krasner

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originally posted on Huff Post ( link below)
http://www.huffingtonpost.com/entry/a-broken-system-unconstitutionality-of-family-law_us_58c071a2e4b0c3276fb780dc

The Scales of Justice in divorce and custody ordeals are unbalanced.
Often people emerge from these ordeals bewildered and in disbelief by the lack of remedies available to protect oneself from having their rights violated — due process denied — access to recourse (justice) unattainable — and at the mercy of courts that can impose countless penalties, fees, fines and utilize mechanisms that create a form of “legal” extortion — using children and financial ability (or rather inability) as leverage against a mother or father.

Abridging Equal Protection
Upon entering a hearing — filing a response — displaying evidence meeting the burden of proof — a parent can attain a false sense of security feeling that honesty is the best policy in family court. This often unfolds in instances where parents take the approach that exposing the shortcomings in the courts application of law and the abundant disregard for professional conduct and ethics standards will safeguard their rights as a parent and litigant. After all, why shouldn’t they think this would be the case since many are of the belief that they are protected from judicial misconduct and legal abuses — having faith that the United States Constitution has their back.

All things being equal, this very well might be the way things would work out — but this is Family Law where justice is not blind — courts presiding over divorce and custody are not neutral — abuses of power shielded by judicial immunity are not often checked, whereby culpable institutions and parties are not held accountable.
Ron B. Palmer, founder of The National Family Law Policy Center, commented that,

“In exercising judicial authority, the court is supposed to identify the private rights at stake in the proceedings, the state’s interests in the proceedings (executive’s policy initiative) , determine the risk of error (costs of getting it wrong), then determine what procedure must be followed to appropriately protect the private rights at issue in the proceeding before making a determination (constitutional guarantees). This is the procedure that the Supreme Court has established and applied to everything from employee termination to multi-billion dollar class-action suits. In family law, every single state has twisted, distorted, and outright perverted this process. Because there is no executive involvement, in a custody dispute between fit parents, to provide the state’s interests — it is left up to the court to determine the specifics of the state’s interests — not because there should be a state interest but because the state is forcing itself into a private issue…The question becomes, how can the court be a neutral and impartial decision-maker when the court crafts the specific policy implementation?”

Immune From Accountability
Judicial immunity creates circumstances, intentional or not, that result in taking away liberty — happiness — sometimes the life of a good person caught up in this system.

Examining many of these ordeals it is often jarring to observe how laws, constitutional rights and hard evidence are removed from sight and intentionally ignored by courts. It is even more striking in instances where parents (trending more to those that represent themselves as pro se litigants) recognize and challenge these issues by often citing and illustrating the fraud on the court — found in abundance in many custody and divorce cases.

Once these matters reach a certain juncture and cross a threshold where they start exposing the cracks within a courts integrity and the often improper adjudication of a case — it’s no longer in the best interest of the court (and its players) to look out for the rights and interests of a child over that of the state — not to mention the parent.

“Absolute Judicial Immunity, the Supreme Court has determined, means that judges may intentionally violate the constitution and do so with malice towards a litigant — with impunity. They cannot be held accountable by the law in any way. I have seen this in action first hand many times and have heard countless horror stories from parents who have gone through the family law wringer… The problem with absolute judicial immunity in family law is, that, if parents raise their constitutional rights in a case and it angers a judge, that judge can punish them with complete loss of their children and huge fees for child-support, alimony, GAL, Amicus Attorney, and other attorney’s fees. I have known parents who have had orders to pay more monthly in combined fees than that parent had ever made in a single month, even with overtime pay. The judge knew exactly what he was doing. It was addressed in open court. The judge did it anyway and the state appellate court rubber stamped it on appeal without any comment at all in their opinion. It was a clear case of corruption with no recourse or accountability…I personally believe that judges should have no more than limited immunity. Judges argue that nobody would be a judge if judges didn’t have absolute immunity. I don’t believe it. Police don’t have absolute immunity and they take on difficult and dangerous jobs. Heads of executive agencies in states and the federal government only have limited immunity and there is no shortage of people vying for those positions.” —RON B. PALMER

Neutrality Fails In Family Law
Supreme Court Justice Anthony M. Kennedy once said in referring to neutrality that,

“The law makes a promise: neutrality. If the promise gets broken, the law as we know it ceases to exist.”
Not long after making that comment, Justice Kennedy went further in an interview expanding on what he meant saying,

“You have to remember that we live in a constitutional democracy, not a democracy where the voice of the people each week, each year, has complete effect. We have certain constitutional principles that extend over time. Judges must be neutral in order to protect those principles. . . There’s a rule of law, [and it] three parts. One: the government is bound by the law. Two: all people are treated equally. And three: there are certain enduring human rights that must be protected. There must be both the perception and the reality that in defending these values, the judge is not affected by improper influences or improper restraints. That’s neutrality.”
While neutrality in family law is missing in many areas, one obvious one is where you find judges who are elected as opposed to being appointed — this tends to be the case with many courts deciding matters of child custody and divorce.

Campaign contributions to judges almost always come with expectations — corrupting the ability of the court to make unbiased rulings

“The law is a profession and lawyers are committed to uphold the constitutional system… If an attorney gives money to a judge with the expectation that the judge will rule in his interest or his client’s interest, that is corrosive of our institutions.” —JUSTICE KENNEDY
When you have Judges in these courts free to run amok under the cover of immunity with no real oversight or checks and balances — the notion that laws are applied neutrally and administered in a manner consistent with constitutional rights and protections afforded to individuals is a fallacy.

Written by protectivemothersallianceinternational

September 16, 2017 at 3:30 am

I Am A Caged Animal , Frantically Screaming the Truth (Photography & Quote)/ Unstoppable Mothers

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A Hero, Protective Mother bravely speaks out:

“I am a caged animal.

I am frantically screaming the truth

and doing everything I can

to protect my children

in a system that is

doing everything to destroy them.

I am a mother

who is terrified for her daughters!

The narcissist I was married to

was right when he said

‘If you leave, I will take everything from you! ‘

Leaving, I have lost my children,

my sanity and my freedom.”

Unstoppable Mothers © 2016

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Domestic Abuse by Proxy – Family Court Abuse Video

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“The mother has to comply with a court order and send her child to be alone with an abusive, violent man.

This is torture for her, and for the child, when they find themselves in a frightening situation, taken from their protector and forced into contact with a man, whom they may have witnessed seeing him beat their mother or who has been abusive to them.

This is abuse by Family Court.”

Domestic Abuse by Proxy, Family Court Abuse: Failing to Protect Children and Mothers” is a powerful and informative video released on Youtube by Family Court Abuse (UK). 

This video describes how abusive ex partners will use the family court system, and manipulate the legal process, to gain control, and inflict further harm of their victims. Abusers also seek custody to cause the most damage to a former partner; by attacking her love, and maternal bond, with her child. An abuser attacks by taking a child away from their mother, and destroying their relationship. Children are also used as pawns by an abuser in other ways designed to terrorize, hurt and harass their victim.

The legal system is a minefield for an abused woman.The process of how the family court system can perpetrate and enable domestic violence to continue is also described in this video.  Family court judges and professionals often lack training in domestic violence, and do not recognize the abuse. Or, the judge and professionals have been so indoctrinated in parental alienation theories, and other prejudices, that they mistake signs of abuse for parental alienation syndrome and discredit legitimate concerns. Or see the mother’s attempts to get help as a sign that something is “wrong” with her. Domestic abuse advocates and experts are rarely consulted by the court system, and a judge has the discretion to disallow or ignore evidence presented by a mother (evidence of abuse, and expert testimony is commonly discredited by judges after a mother has been falsely labelled). Obtaining legal representation is also difficult, most women go to court without an attorney because they can not afford one. An abuser with an attorney has a powerful advantage over her, and gains an ally in the legal system.

Unresolved Trauma

The lives of children are also endangered when Courts work to give an identified abuse custody and/or unsupervised visits. The video mentions that the Courts order “more contact than would be usual, to enable the child and father to ‘quickly establish a relationship’“. This means there is less scrutiny, and less care given to how these decisions are being made, and the effect on the child involved. 

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This video will be familiar to those who have experienced family court, and offers validation to what you have endured. It is also a powerful teaching tool to educate, and raise awareness, of how the family court process fails to protect victims of domestic violence and their children.

 

Note: The end of the video offers suggestions on how to raise awareness of family court injustices by using social media as a platform. PMA International does not offer legal advice or professional services. Reposting this video does not constitute advice or suggestion of any kind. Please use discretion, and take reasonable care, when making decisions. If you need help or legal assistance, please contact a qualified professional and/or organization.

 

 

Protective Mothers are Being Re Victimized./ PMA International

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As we travel down this path together – advocating for family court reform, we have seen an alarming trend. Protective Mothers are being re victimized.

Protective Mothers are being re victimized , not just by family court, but by the very people in which they reach out for help.

As an organization we are amazed at the number of requests for help with personal cases that we receive. Not just because we have posted everywhere that we do not get involved in personal custody cases, but because we are simply puzzled by such requests.

We are an organization of fellow Protective Moms. How can we help with a personal custody case ?

We are not a group of legal professionals or licensed educated therapists. We understand the desperation, but when we see where protective mothers are putting their trust – we cringe.

Some Protective Moms are putting their trust in people simply not qualified, educated or  licensed to help in their custody case.

So with that in mind, PMA International Administrators, and Leaders put together some categories of assistance a Protective Mom would need and – in our opinion and experience – where best to go for help.

Legal:

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Family court is a legal forum. So unless you are going to represent yourself, you need a legal professional. These are just the facts.

It is illegal for a judge to communicate to anyone other then yourself or your legal representative about your case.

You need a good Family Court attorney who specializes in DV.

If money is an issue find legal aid in your community, University law schools or paralegal organizations.

But the point is – you need a legal professional.

Emotional Support:

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If you are looking for emotional support it is best to find a qualified , licensed highly trained therapist for help. Preferably one trained in trauma and/or PTSD. Going to a fellow protective mother for emotional support is not effective, in our experience.

Trauma survivors are rarely helpful in helping other trauma survivors as they get triggered themselves hearing the other person’s  story.This is simply unavoidable. A few of the consequences of the above – more often than not- is an unhealthy role reversal, or sudden withdrawal of support leading to resentment, anger and more trauma.

Do yourself a favor and avoid the above by simply finding a good highly trained trauma therapist to get the support you need and deserve.

If money is an issue, research low cost alternatives in your community. Most communities have this option. Utilize local churches for your preferred spiritual support.

Research-

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If you are looking for research , best to go to a professional liscensed trusted Private Investigator. A P.I is trained and educated in what they do and has the emotional distance necessary to do a good job with a clear head.

 

Others may mean well when they offer their help, and they might even share a similar experience , but when you are dealing with Family Court abuse and corruption the stakes are so high and the trauma so deep that hiring a professional, highly trained, educated and licensed expert are some of the ways to limit the chances of being re victimized.

Understand, we clearly know Protective Mothers who have had bad experiences with professionals. This saddens us , but is unavoidable as in life there are no guarantees .

Also , we are not talking about professionals ordered by Family Court, but ones you research yourself, in addition to getting referrals  from a trusted person.

If by chance you still get re victimized by a professional,( it happens) their governing body has a complaint process and we highly recommend you access it.

This is not the case if you are depending on a non- professional for help.

For these reasons and many others PMA International has made the decision to not get involved in personal custody cases as we are a large group of international Protective Mothers- not legal experts.

So if you are a Protective Mother, reaching out for help and your 2 choices are either a trained, educated professional, or a non professional , we suggest – take your chances with the trained professional, per our collective experience.

We understand your desperation, as we have been there. But utilizing professionals for help will give you and your children a fighting chance and may help to avoid re victimization in the process.

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I am the alienator

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Karen Woodall

I am an alientor. You know me well. You lived with me once and you witnessed my behaviour patterns but you did not spend time studying and internalising them. I know your behaviour patterns better than you know them yourself. I know how to measure you, test you and control you. I know what your hooks are and I know that the depth of the love for your children is a weakness I can exploit. I am an emotional terrorist. I will terrify you into submission. You will do as I tell you to do, if you do not, I will take your children away.

I am an alienator, you didn’t notice that when we lived together but I began my work long before we went our separate ways. I created fissures and fractures within our family and I managed and manipulated reality, though for a long time you did…

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Written by protectivemothersallianceinternational

April 12, 2016 at 8:02 pm

Family Friend Says Death of Child Could Have Prevented if Family Court Listened to Concerns of Safety

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May 2015, Vine Grove, KY: In the midst of a contentious custody dispute, 11-year-old Tasha Jonas was shot by her own father, 49-year-old John Jonas, who then turned the gun on himself.

This definitely could have been prevented,” says Tanja Manojlovic, family friend. “Karina was fighting to tell the lawyers, the judges, the school and social services that having the father take custody of the child was not going to be a safe environment. But unfortunately nobody would listen.,” Monojlovic said. “The system has betrayed her.”

A hearing was set for August 19, 2015 at the Juvenile and Domestic Relations District Court in Suffolk Virginia, where Tasha could have decided which parent she wanted to live with.

Mother, Karina Jonas, was on the phone with her daughter moments before she was murdered. “I had found her last night curled up in the bed hugging Tasha’s clothes. That’s all she unfortunately has left of her child,” said Tanja Monojlovic.

Read More:

Family friend speaks of devastation after a father fatally shoots daughter, kills himself

Mother hears daughter’s final words before father shoots, kills her

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