The incentive for parents to focus on each other’s faults…

…and to “dig up dirt” on each other.The Family - 2015And…Should Custody Law Be Abolished?

The bigger question behind that one is: Should custody labels still matter? To put it another way: Has the time come to relegate the whole concept of custody of children to the scrap heap of history?causes.comcauses409526updates965813

The United Nations Convention the Rights of the Child

The question is not merely an abstract hypothetical. To the contrary, there appears to be a very definite trend, both in the United States and around the world, away from the concept of custody. The United Nations Convention of the Rights of the Child (“UNCRC”), for example, eschews the word custody. Instead, Article 9 of the UNCRC directs member countries to “ensure that a child shall not be separated from his or her parents against their will, except [in cases involving abuse or neglect, or where] a decision must be made as to the child’s place of residence.” Rather than referencing a  right of parents to custody of their children (referring instead to a child’s right to have the state order what it determines is in the child’s best interest), Article 9 requires member countries to “respect the right of the child who is separated from one or both parents to maintain personal relations and direct contact with both parents on a regular basis….”

Shared parenting legislation

Nearly every U.N. country has signed onto the UNCRC. The U.S. Congress has refused to ratify it.2 Nevertheless, there is other evidence of a clear movement away from the concept of custody (or at least that particular word) in the United States, too. In particular, a growing number of states are transforming, or at least supplementing, their traditional custody laws with shared parenting and parenting plan legislation. These kinds of laws use terminology like primary residential responsibility and decision-making responsibility instead of physical custody and legal custody. Sometimes these laws expressly provide that parents may use other words besides “custody,” so long as the alternate terms are defined in a way that is understandable and enforceable.

Reducing acrimony and litigation

Project Fatherhood FL 11- 2015Understandably, not many family law mediators are enamored of the word custody. Fewer still are fans of the winner-takes-all, adversarial approach it connotes. Because neither parent wants to be the one who is deprived of that title and relegated to the role of “visitor,” it is a significant source of impasse in mediation. In many cases, it may actually be the only source of impasse. For this reason, many mediators will not address the issue (if they address it at all) until after all discussions of the details of the actual parenting time schedule and decision-making allocations have been completed.3

Any family court judge or attorney can attest to the fact that the lion’s share of litigation in family court involves a contest for ownership of the custody “prize.” If this incentive were removed, it stands to reason that there would be a sharp decline in litigation in family court. Parents would save literally thousands of dollars in attorney fees and related expenses like custody evaluators, forensic experts, witness fees, and so on.

Removing the winner-gets-the-kids concept would also remove the incentive for parents to focus on each other’s faults, and to “dig up dirt” on each other. It may not be reasonable to expect divorcees to co-parent blissfully, without conflict, but getting off to a less acrimonious start, one that encourages cooperation rather than competition, would certainly seem to have a greater chance of serving the interests of children than the existing system has.

The historical rationale

As explained in detail in other blog posts, and in my book, The History of Custody Law, the concept of custody has been around since earliest recorded human history. The traditional account provided by historians is that all through history, up until the Enlightened Age (i.e., the particular era of time in which the historian providing the account is living), children were viewed as economic assets having the  legal status of chattel. Under this view, an allocation of custody of a child between two parents was required for the same reason an allocation of ownership of any other marital property was required. The owner of property gets to make decisions about what to do with it, and who gets to use it. By dividing up a divorcing couple’s property, a court prevents future disputes over those kinds of decisions from arising. By the same token, “awarding” a child to one or the other parent makes it clear which parent gets to decide how to raise the child, who gets to spend time with the child, and how and when the time will be spent.

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Adopt Uniform Parenting Time Guidelines and Repeal Inconsistent Rules and Presumptions
20 Reasons Why Your Child Needs You to Be an Active Father

State of Florida Parental Rights13-16-12 – Administrative Order 12th Judicial Circuit – State of Florida

Continue reading The incentive for parents to focus on each other’s faults…

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Every major social pathology has been linked to Fatherless Children

WE LOVE DADDY“Virtually every major social pathology has been linked to fatherless children: violent crime, drug and alcohol abuse, truancy, unwed pregnancy, suicide, and psychological disorders – all correlating more strongly with fatherlessness than with any other single factor, surpassing even race and poverty. The majority of prisoners, juvenile detention inmates, high school dropouts, pregnant teenagers, adolescent murderers, and rapists come from fatherless homes. Father ImportanceChildren born from affluent but broken families are much more likely to get into trouble than children from poor but intact ones, and white children from separated families are at higher risk than black children in intact families. … Marshalling federal agencies to “promote” something as private and personal as a parent’s relationship with his own children raises questions. The assumption that the government has a legitimate role in ameliorating the problem of fatherlessness also glides quickly over the more fundamental question of whether the government has had a role in creating the problem. What we see in the “fatherlessness crisis” may be an optical illusion. What many are led to believe is a social problem may in reality be an exercise of power by the state.”Independence Review, vol VIII, n 4, Spring 2004, at pp 485-486.

Parental Advocate, Dr. Leon Koziol, to Meet with Agents and Supporters in Nashville.

Do fathers matter any more in this country? It’s a growing question haunting policy makers in our nation’s divorce and family courts.

Politicians accustomed to appeasing women’s rights activists have made it expedient to abuse fathers for votes without any regard for its long term consequences. As a result, stigmatized fathers are surrendering to the stereotypes and abandoning their rightful roles as natural parents. It is a silent and insidious trend harming families, children and our society.

We all have some recognition of the injustices in these courts, but do we really know the severity of their consequences? The insidious harm is supported by numerous studies over the past three decades which show that father discrimination is at the root of today’s unprecedented social problems. After an exhaustive review of such studies in an article entitled, “Is There Really a Fatherhood Crisis,” Professor Stephen Baskerville places the blame on government itself:

Continue reading Every major social pathology has been linked to Fatherless Children

Family Court ~ “An enclave in which equality has no meaning.”

Leon Koziol.Com | Civil Rights Advocate

By Dr. Leon R. Koziol

On this Martin Luther King Day, we join fellow Americans in paying tribute to our greatest civil rights leader. It’s hard to imagine in our lifetimes that a day existed when entire neighborhoods and school districts were segregated on account of race. As a free society we have come a long way indeed.

Unfortunately in family courts throughout the same land, we’ve gone in an opposite direction. This is an enclave in which equality has no meaning, civil rights are trampled upon and African-Americans are being slaughtered or imprisoned for money debts. A prime example is Walter Scott murdered this past year by a traffic cop in South Carolina while fleeing a child support warrant.

Family court has been described as a “constitution-free zone.” The state has found a mechanism for oppression by exploiting our children to raise revenues and fees on the backs of fathers who simply find themselves unable to meet expenses after taxes and child support are deducted from their paychecks.

And it’s not just minorities being imprisoned for these debts. Our military and law enforcement represent a growing constituency of victims. In upstate New York a police investigator committed a murder-suicide upon leaving support court leaving three children without parents and the city with a $2 million liability, see Pearce v Longo.

Fathers are still 85% of all child support payors and we have become the most imprisoned population in the free world. A trillion dollar industry has forced dedicated dads to be on a constant defensive in these courts. It’s long past a time when equality and civility are achieved in the places most trusted to protect our basic human rights.

Continue reading Family Court ~ “An enclave in which equality has no meaning.”

The mantra of the best interest of the child rings hollow

Men are being denied their rights as fathers, workers and human beings by the courts and other institutions…

Abusive Family Courts-What we face - 2016Fight Corrupted Family Courts and CPS

Fight Back - 2016

Fight back and get your kids back NOW!do2byou2bbelieve2bin2bdads2b-2b20164

Contribution Declaration Purple Keyboard Campaign - 2016DECLARATION ~ Put yourself on record

DECLARATION OF YOUR FULL NAME HERE IN
CAPITALS

State of Your State County of Your County  )
)
)

Delete all this SAMPLE text from “1.” down to “I declare under penalty of perjury” and replace all this with YOUR STORY.

Confused?  See Simple version

1. I, Firstname Lastname. hereby state that on Month Day, Year, Ms. Case Worker of CPS came to my front door and told me “there had been a report”. She said that she wanted to “help me get this cleared up”.

2. I thought this OBVIOUSLY was a mistake and I felt I had nothing to hide, so I LET HER IN MY HOUSE and TALKED with her, being unaware of my Constitutional Rights (or in spite of my assertion of them).  Right here is where being ignorant of your Constitutional Rights or not asserting them has already shot you in the foot.  Several important court cases have decided FOR the citizen here and HereFamily courts routinely do not care, but getting it ON THE RECORD is a really good idea.

3. Ms. Case Worker immediately started walking though my house looking in my cupboards, pantry, the refrigerator, closets, bathroom, and every room in my house.

4. Ms. Case Worker left and returned a couple hours later with two policemen and snatched my child(ren) and said this was (whatever she accuses you of)

5. Detail what happened after that.

AND THAT IS HOW YOU WRITE YOUR DECLARATION- The truth, the dates, the facts, the names.  Spend a LOT of time writing this WELL (with spelling and grammar  correct) and editing it down to hard-hitting FACTS.  This is NOT a letter to Aunt Martha or a “text message” to your online pals.

family-law-reform-must-be-election-topic-in-2016

SAY ABSOLUTELY NOTHING SELF-INCRIMINATING.
Do NOT admit to anything.
Do NOT agree with anything the CPS worker said.

Stick it in and TWIST IT with the Social Worker’s COLOR OF LAW CONSTITUTIONAL RIGHTS VIOLATIONS by getting you to let her into your house without a search warrant and talking with her without knowing about your Fifth Amendment Right against self-incrimination (And your Miranda Rights) and how FRAUDULENT, MENDACIOUS, and under-handed she had been in FABRICATING a FALSE ALLEGATION from a BOGUS “report”.

*The Lie of Omission:The CPS worker is certainly not likely to say anything good about you in HER Affidavit to the court. It will most likely be nothing but Maledicency (evil speaking). She is NOT an “investigator”, she is a Validator. She is not being paid to be “fair” or “honest”. This is the “*lie of omission”. Even if she had “good” things to say to you to your face or over the phone, it isn’t likely to appear in HER Affidavit. Anything “good” would go in the other side of the “Preponderance” balance. They couldn’t have that, could they?NEW RULE #4:

A lie of omission is to remain silent when ethical behavior calls for one to speak up.    A lie of omission is a method of deception and duplicity that uses the technique of simply remaining silent when speaking the truth would significantly alter the other person’s (the judge’s) capacity to make an informed decision.

Keep it to FACTS, dates, and names. Leave the emotional parts out.

Based on recent new court decisions and LAW we have become aware of, we are SUGGESTING you might think about adding:

My children have been wrongfully and unlawfully removed from my physical custody without Constitutional DUE PROCESS, or even the pretext of Reasonable Efforts having been offered AS MANDATED BY 42 U.S.C. § 671 (a) (15) and 672 (a) (1), which removal meets the definition of KIDNAPPING according to 18 USC Sec.1203 and are being held-family court disaster - 2016

“…in order to compel a third person …. to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so…”

My CPS worker, (name here) coerced me into signing a “voluntary” Service Plan, which I had no part or input in creating.  The CPS worker, (name here) threatened me that if I did not sign the  “voluntary” service plan that my children would be TPR’ed. Which according to Amanda C., by and through Gary Richmond, natural parent and next friend, appellee, v. Kelly Case, appellant.__N.W.2d__ Filed May 23, 2008. No. S-06-1097 is unauthorized practice of law and acting under the color of law.

Additionally, in the opinion of Judge Stephen Limbaugh Jr. in the majority Opinion of the Supreme Court of Missouri In the Interest of: P.L.O. and S.K.O., minor children. SC85120 3/30/2004

“The mother voluntarily consented to the court’s jurisdiction over her children, voluntarily transferred their custody to the division and never challenged the circumstances of their removal. Accordingly, she cannot now challenge whether an ’emergency’ existed to justify removal of the children under (the statute in question) and this court need not address such a challenge.”

I am therefore establishing ON THE RECORD that I strongly challenge that an emergency existed to remove my children, and most certainly do withdraw my “voluntary” surrender of the custody of my children.

Further, the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT in Smith et al. v. Williams-Ash No. 06-4638, Decided and Filed: March 26, 2008 said-

We do not doubt that the Smiths, as any parents likely would, resented the safety plan from the beginning. But mere displeasure and frustration fails to negate their consent. Rather than remind Williams-Ash of what she already knew—that they disliked the plan—the Smiths needed to explicitly withdraw the consent they explicitly gave, thus requiring Children’s Services to either return the children or file a formal complaint against them. In light of their admitted failure to do so, the Smiths were not entitled to a hearing.

For this reason, I hereby rescind any and all signatures to “voluntary” service plans or any other “agreement”.  Such signature were obtained through duress, threat, and coercion. I had no way of knowing the long-range ramifications of doing so and now explicitly withdraw any consent I explicitly gave. Therefore, I am requiring Children’s Services to either return the children to my physical custody or file a formal complaint against me.

 :

Be aware that this document may cause CPS to offer you severe, sickening threats, and they may attempt to follow through trying to make the WORST happen to you.

It is called Terrorism. But, they were probably about 50% likely to have done so anyway– especially if your children are young, cute, and ADOPTABLE. Yes, we do live in a really sucky society. You have, at the very minimum, gotten THE TRUTH ON THE RECORD, and removed hazards to an appeal to a higher court. 13041089_10208285527088627_4911676197555569420_o21YOU are the only one who can decide whether to stand up like you live in
~or~
Lay down like a Taliban woman and let them beat on you until they are
happy.

When you are finished, you get it REALLY NOTARIZED, make a bunch of copies, and SERVE THEM ON THE CPS, THE COURT, THE DA, THE POLICE DEPT, and EVERYONE ELSE that thinks they had any business forcing the great big nose of government into your family.

Which means you file it with the court clerk.  Make sure they get time stamped and get at least 4 certified photo copies.  Because they “lose” these things.

Delete all this text from “1.” down to “I declare under penalty of perjury“ (except New June 5, 2008 info, if it applies and IF YOU CHOOSE TO USE IT) and replace all this with YOUR STORY. 

Your DECLARATION when FILED is your GLADIATOR and it will keep fighting for you for YEARS.

Confused?  See Simple version

I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed at Your Town, Your State.

Dated: The day, month, year you wrote it.

(You sign it here)
________________________________

Your Town, Your State
Your phone number

DO NOT forget to create the Certificate of Service! If you
forget this, they will toss it out!
So sad. She says this around the child too. Putting her father down & making up lies saying he did bad things & doesn't want to be in her life. Blaming the stepmom. Trying to say the stepmom is the one who won't allow the child to have a relationship with her dad when really the stepmom has done nothing but love the child & encourage a good relation between the child & her dad. She's the one who has alienated the child from her dad. Shame on YOU! That's not what a true Christian would do!: service.htm

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An Important Human Rights Issue

Unfriendly Family Courts

There is often talk about the glass ceiling and little talk about the glass floor.

cf783-it2527sconstitutionalMen are being denied their rights as fathers, workers and human beings by the courts and other institutions that have simply gone too far.

Feminist movements while promoting equality seem to be replacing the good old boys’ club with a good old girls’ one. Some in the country think it is time for men to take a stand and work with visioned women for REAL equality.

Google Community Pic2 - 2016This show will feature Harry Croutch of the National Coalition for Men and Men’s Legal Center in San Diego along with RK Hendrick, Esq, an attorney and author of the book “How To Avoid Getting Screwed When Getting Laid”. Eric Von Sydow will be commenting on his books and role in helping men cope in today’s society. Join us for what is sure to be a provocative discussion.

Here we are starting another year in the same position as last year and the year before that and the year before that. Three years now since I saw my two children and three more to go if the situation remains the same. My son Scott will be sixteen in three years time and he will instantly have the freedom to choose to find me. Which is why I keep my blog running.  I have said this over and over again during the last three years, all we want is equality. Not too much to ask in 2014. A fathers right to see his children and a child’s right to see his or her father.  Men are often accused of being controlling, but when a mother denies a father access to his children and a child access to his or father then that is the extreme of controlling behavior. But that seems to go unrecognised. Balanced? I don’t think so. Fair? I don’t think so. Equal? I don’t think so.  Children are not tools to be used as a punishment against a father.
Here we are starting another year in the same position as last year and the year before that and the year before that. Three years now since I saw my two children and three more to go if the situation remains the same. My son Scott will be sixteen in three years time and he will instantly have the freedom to choose to find me. Which is why I keep my blog running. I have said this over and over again during the last three years, all we want is equality. Not too much to ask in 2014. A fathers right to see his children and a child’s right to see his or her father. Men are often accused of being controlling, but when a mother denies a father access to his children and a child access to his or father then that is the extreme of controlling behavior. But that seems to go unrecognised. Balanced? I don’t think so. Fair? I don’t think so. Equal? I don’t think so. Children are not tools to be used as a punishment against a father.

Men’s Rights – An Important Human Rights IssueParent have rights - Stand up for Zoraya - 2015
Reason for Protest: To bring awareness to the corruption and fraudulent acts of Family Courts and Child Protective Services. Our children, parents and families are being abused, destroyed and in some cases, murdered while the APA maintains its “no policy” policy, which we believe contributes to the problem which consist with the corruption within the system that is supposed to be in the best interest of our children and families. We ask for a conference:

In support of a petition:

In support of the NATP Strategic Plan to Fight Child Psychological Abuse (see the NATP Facebook page)

Peaceful, polite protests also to be held simultaneously at State APA Headquarters and at Psychological Organizations around the world:

Sign/Poster Themes: – “Collusion with Delusion Must Stop” – “Mental Health Must Not Be Complicit in Child Abuse” – “Pathogenic Parenting is Child Abuse”

Continue reading An Important Human Rights Issue