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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

ALL I’ve Ever Been Is A Mommy ( Photography and Quote)/ Unstoppable Mothers

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https://unstoppablemothers.wordpress.com

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#1 The most outrageous action a judge took in your family court case

“My ex is an abusive, alcoholic attorney, and I’m a house wife. The judge refused to review any of his 6 DV charges, and front page headlines for beating me. The judge also ignored the fact that my ex was disbarred. He’s not only taken OUR son but cost me my other son and daughter from my previous marriage… I die a little more everyday without my babies. ALL I’ve ever been is a mommy.”

Unstoppable Mothers © 2015

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Settlement in New York Domestic Violence Case May Set Broader Precedent/ NYTimes.com

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http://www.nytimes.com/2015/11/19/business/settlement-in-new-york-domestic-violence-case-may-set-broader-precedent.html?_r=2

The New York State attorney general has reached a potentially significant settlement with Bon-Ton Stores, which has more than 200 department stores across the northern part of the country, over a workplace discrimination complaint filed by a victim of domestic violence

The settlement, to be announced on Thursday, stems from an episode in early October at the company’s store in Williamsville, N.Y., a suburb of Buffalo. It requires the company to educate all employees of its New York stores that victims of domestic violence are protected by state law against retaliation and harassment relating to their abuse.

In a possible violation of the law, the Bon-Ton employee was sent home by a manager shortly after revealing that her estranged husband had threatened her life the day before. Under the terms of the settlement, Bon-Ton did not admit any wrongdoing, but agreed to change its policy so that employees in a similar situation are not required to procure a protective order to stay on the job.

“Victims of domestic violence face unspeakable hardships in every aspect of their personal lives,” the attorney general, Eric T. Schneiderman, said in a statement. “Our agreement with Bon-Ton Stores stands as a model for other employers.”

Experts on workplace discrimination hailed the settlement as an important step in protecting victims of domestic violence.

“It has a great value in spreading awareness about the law,” said Amanda Norejko, of Sanctuary for Families, an advocacy group and service provider for survivors of domestic violence. “Employers who are willing to flout the law will be given pause by the fact they know the attorney general’s office is investigating these things.”

Bon-Ton declined to comment on the case or the settlement agreement.

In a variety of studies over the years, victims of domestic violence have reported that the abuse interfered with their job performance and undermined their livelihoods. A significant fraction — as high as around 50 percent in some studies — reported having lost their jobs or being forced to quit at least partly as a result of the situation.

“It’s particularly an issue for workers at the lower end of the income spectrum,” said Maya Raghu, a lawyer with Futures Without Violence, a nonprofit that works to end violence against women and children. “They work shifts, don’t have a lot of control or benefits like paid leave, sick leave to deal with this.”

The law in New York, one of a handful of jurisdictions around the country to have enacted similar measures, prevents employers from firing or otherwise punishing employees on the basis of their having experienced domestic violence.

Unlike a similar New York City law, the state law does not explicitly require employers to make accommodations for employees who have experienced abuse — such as granting time off for medical treatment and to obtain protective orders against their abusers. But some of these steps may be necessary for an employer to demonstrate that it was handling the situation appropriately, experts say.

The episode involving Bon-Ton began on Oct. 9, when Jodi Porter, the employee, turned up for her shift as a saleswoman and informed store security officials that her estranged husband had threatened to kill her.

Ms. Porter said in an interview that, within an hour, the store had developed a safety plan that allowed her to go about her work. But shortly thereafter, the store manager told her to leave the store immediately. She was told to stay home until she checked in with the manager several days later, missing at least one more shift in the meantime.

When she spoke with the manager again, Ms. Porter said, she was told she could not return to work until she received a protective order against her husband, which was not immediately forthcoming because he had fled after a warrant for his arrest was issued. She was given no indication that her leave would be paid.

Ms. Porter contacted a hotline at the attorney general’s office on Oct. 13 regarding an unrelated issue and also mentioned her employment situation, which prompted the investigation. Bon-Ton informed her that it would pay her during the leave after she contacted the attorney general, and she was told she would be able to return to work less than one week after that.

The safety plan the store ultimately put into effect under pressure from the attorney general — including allowing her to park closer to the store, giving her access to a safe room to elude her husband and allowing her to use her cellphone while working in the event of a threat — was essentially the same plan the store proposed at the outset of the incident, Ms. Porter said.

She said that being unable to work created a level of emotional distress above and beyond the uncertainty of not knowing whether she would have a source of income.

“I went there going, everything is fine, everything is fine,” she said. “I was trying to go about my work, just do what I’ve got to do to take my mind off of everything.”

Instead, she added, being sent home “made me feel like a victim all over again. It was like a slap in the face.”

Advocates said one of the company’s key missteps was not having a policy in place to deal with such contingencies, leading to the confusion that surrounded Ms. Porter’s situation.

“You don’t want to have a low-level manager operating off the seat of their pants,” said Penny M. Venetis, the executive vice president and legal director of Legal Momentum, a group that works on a broad range of gender equity issues, include domestic violence.

Ms. Venetis said that sending home a worker who has been threatened by a partner was often the most dangerous response an employer could choose. The employee may be less safe alone at home than at work, and the loss of a livelihood can make abused partners even more dependent on their abusers.

Ms. Porter “acted responsibly for reporting it,” Ms. Venetis said. “The actions Bon-Ton took discourage people from coming forward.”

The law in New York and many other states does not necessarily require that employers always allow victims of violence to return to work, some experts say. There may be instances in which a violent threat is imminent and an employer reasonably concludes that the victim, fellow workers and customers may be safer if the abuse victim takes time off, said Jennifer Schwartz, an employment lawyer at Outten & Golden in California.

But in those instances, it is important for the employer to go out of its way to seek input from the employee in order to get a complete picture of the circumstances, including the employee’s needs.

“We’re not saying employers should become experts on sexual violence, stalking,” Ms. Raghu said. “Just that they should be supportive of people who are victims.”

Correction: November 18, 2015
An earlier version of a picture caption with this article misstated Ms. Porter’s status at Bon-Ton. She is a current employee, not a former one.

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Written by protectivemothersallianceinternational

November 20, 2015 at 6:19 am

Judge Rules that Wife is Entitled to Damages From her Abusive Husband By Rita Price/ The Columbus Dispatch

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Wonderful legal precedent !!!

In what might be a first for Ohio, a Franklin County judge has ruled that a domestic-violence victim who sued her abusive husband is entitled to civil damages.

Jerry Bailey is liable for the pain and suffering and distress that he caused Jennifer Bailey — now his ex-wife — as a result of his attack on her in August 2013, Common Pleas Judge Julie Lynch said in a written decision this week.

“This sets a clear legal precedent that these victims are going to have recourse to a meaningful remedy. Whether Jennifer Bailey ever collects a dollar or not, that makes this decision huge,” said her attorney, Michael King.

Jennifer Bailey, who recently changed her surname back to Kershaw, said she hopes the case paves the way for other domestic-violence victims to hold abusers accountable in civil courts.

Read more:
http://www.dispatch.com/content/stories/local/2015/10/21/domestic-violence-ruling.html

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Written by protectivemothersallianceinternational

October 24, 2015 at 2:58 am

Corruption in the Courts/Pacourtwatch.com

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The U.S has an epidemic of corruption, which has led to economic decline,and social unrest.For all appearances it is emanating from the Judicial Branch, the part of the government that is expected to have the most integrity. It is no longer just conjecture – as citizen complaints of racketeering and misconduct by members of the Judiciary are rampant across social media. The most difficult part of the situation is that those that are guilty of abusing their power, are in control of addressing these complaints…..
Read more ( link below)

http://www.pacourtwatch.com/2015/09/25/america-wakes-up-to-find-its-judicial-branch-consumed-by-organized-crime/

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I WILL ALWAYS LOVE YOU BY K J ( POETRY) / Love Letters To Our Children

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https://loveletterstoourchildren.wordpress.com/2015/10/06/i-will-always-love-you-by-k-j-poetry/

I know my arm is strong
the landscape of it’s breadth has held new life
has cradled the sweetest innocence
and protected a beating heart
I know my arm is strong
the same arm,
clenched tight by an angry fist,
is still strong

My voice is still here
the power of my words to heal and sooth
the joy of song and treasured talk
the chosen silence and the answers
no matter how heavy the hand
to bring down my voice,
my voice is still here

The heart
no words can tell
written, spoken, heard,
how you are my heart
my dearest child
that the deepest well within my being
holds your light and memory
always,
always,
and no man
no woman
no power, being, or force
shall take you from me
shall shake my grasp
of hope
that i will be your mother
that you are my child
and I will always love you.

K.J © 2015 Love Letters To Our Children

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What to do if CPS Shows up at Your Door / Journey Boost

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control_freak

http://journeyboost.com/2015/05/21/what-to-do-if-cps-shows-up-at-your-door/

Sometimes children are harmed in their homes. This does not make every parent a suspect. In our current hyper vigilant age, there are more parents being reported to CPS than ever before.

Loving parents who refuse a recommended medical treatment for their child can be reported by a doctor who might fear losing his license to practice medicine.
Neighbors or estranged family members may report a family despite the lack of grounds to support any allegations of abuse.
Parents with a sick child seeking a second opinion have been reported to CPS by hospital or medical authorities.

More parents are experiencing a visit from CPS than ever before, and since sometimes those visits have resulted in the quick removal of children – despite no grounds to allegations or harm or abuse – it is critically important for every parent to have a good idea of how to respond to a CPS visit. Don’t think ‘it can’t happen to me.’ Take any visit by CPS seriously.

The most significant mistakes made by parents are usually in the very first encounter. If you can understand how to handle the very first encounter with CPS you can increase your chances of maintaining your family’s rights and freedom. CPS will often seek to take a family by surprise. Be prepared.

1. THE KEY: Be polite & SAY AS LITTLE AS POSSIBLE. You might be terrified inside. You might be absolutely angry if you feel there is injustice going on, but the number one thing you can do is stay calm and be polite. Anything you say can be twisted. Do NOT DEFEND YOURSELF. Do NOT volunteer information.

2. Do NOT let them in your house. Be nice but STAY FIRM. Have one statement ready and repeat it over and over “I know you are just doing your job, but my main obligation is to my children and to help them avoid unnecessary trauma.” If they do not have a warrant and there is no obvious emergency, they are not allowed access to your home. If a police officer is with them, they all know it is illegal to enter a home unless you CONSENT, or unless they have a warrant or can hear an emergency situation going on. DO NOT CONSENT.

3. Ask permission to ask THEM questions. “I realize you are just doing your job. Would it be ok if I asked you a couple of questions?” Ask if you can record the conversation. If you need to get your cell phone, close the door and say, “I need to get something.”

“Firstly, do you have some identification? After you get their ID, write down their name, then ask, “Can you give me the name and phone number of your supervisor.” Write it all down. Take your time.

Next “What are the exact allegations that have been made against me? Federal law requires that I should be informed of any allegations against me.”

Ask them if they have a warrant. Be direct. “Do you have a warrant to search my home or speak to my children?”
Without a warrant they must gain your consent to enter your home or speak to your children. They are doing their job. Their supervisor has instructed them to make this visit and they will use whatever tactic they feel will be effective to GET MORE INFORMATION AGAINST YOU. They may alternate between: trying to be nice, being firm, threatening or trying to bargain with you. Stay immune to every tactic. Know your rights. Do not get caught up in their games. Don’t engage them except on the questions above.

4. Tell them you are going to contact your attorney and when you get them on the phone, you will allow them to speak to your attorney. Close the door. Phone your attorney so the attorney can speak to the CPS social worker and help them to leave. Your attorney will know the law and remind the social worker of your rights. It is always a good idea to have an advocate on your side.

What do I do if I don’t have an attorney?

If you are a Christian and Homeschooling you might like to consider joining Heritage Defense.

[1] If you are homeschooling you might like to join Home School Legal Defense Association who will defend you against allegations by social services as they pertain to homeschooling. Both organizations require a monthly or yearly fee but are available for telephone help immediately in any emergency situation you might face.

I pray you will never need to use this information. Unfortunately, in the present time of extensive government involvement in the lives of parents, many parents have found themselves in complex situations with CPS. It is better to be forewarned and forearmed. Your number one desire is to protect your children from harm. Too often CPS has brought more harm than help.

Please share your tips for keeping your family safe from unwarranted intrusion in the comments below.

Becky Hastings

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