State legislatures — we have a problem

Why all 50 states need to overhaul their judicial oversight agencies

Judges make life-altering decisions every day. Whether through rulings in individual cases or through the establishment of case law, judges intimately impact the life of every American.

As a matter of public safety it is crucial to ensure that judges are making decisions free of corruption, cronyism, and bias.

The main line of defense against these evils are state judicial oversight agencies, which are charged with investigating judicial misconduct — violations of judicial ethics — and disciplining judges accordingly. The other core function served by these agencies is to refer criminal conduct to appropriate authorities such as an attorney general, district attorney, or federal agency.

But these judge watchdogs operate more like national security agencies than agencies responsible for overseeing public officials presiding over public courtrooms conducting the public’s business. The agencies withhold vital information about the conduct of judges, including complaints and private disciplines.

Why is information that would impact judicial elections and provide insight into the performance of judges being withheld from the public — including instances of actual misconduct that are being privately disciplined by secret letters?

To understand why we must take a look at the common beginning.

Continue reading State legislatures — we have a problem

Fathers are the key to child behavior.

Fathers the key to child behaviour.

Children who have contact with their fathers following a family break-up suffer fewer behavioural problems, academics said today.

Youngsters who have a close relationship with their natural father after their parents split up are likely to be less disorderly, anxious or aggressive.

Researchers discovered that children who had infrequent or no contact at all with their non-resident fathers were more likely to externalise and internalise problems.

Professor Judy Dunn from the Institute of Psychiatry at Kings College, London, analysed data collected from 162 children whose parents had separated over a two-year period.

Of those children, 18% had no contact with their father, and 16% had contact less than once a month.

The research was part of the continuing Children Of The 90s project based at Bristol University, which has been monitoring the progress of 14,000 children in the Avon area since 1991.

The findings were published in the Journal of Child Psychology and Psychiatry.

Prof Dunn said: “There is a practical message here – parents should make a great effort to get on well after they split up.

“They should put their differences behind them for the sake of the children. The more contact there is the better the outcome for the children.”

Researchers interviewed all 162 children (initially at an average age of eight and a half) about their relationship with their mothers, fathers and stepfathers.

The mothers were asked to report on children’s behaviour, on whether they were aggressive or delinquent (externalising behaviour) or withdrawn, anxious, or depressed (internalising).

The research comes in the wake of an attack on the Prime Minister with a purple flour bomb by campaign group Fathers 4 Justice.

Rights

The group claims current laws are failing children and fathers and wants better parenting rights for fathers.

Prof Dunn said: “This research is the best kind of thing to support the case of some desperate campaigners who want more access to their children.

“Our findings were unequivocal: more frequent and more regular contact was associated with closer more intense relationships with non resident fathers and fewer adjustment problems in children.”

Prof Dunn noted that the amount of contact between a child and a father was related to the relationship between the parents.

She added: “This underlines the importance of parents developing a good working relationship over children’s issues and of keeping any problems in their own relationships separate from their parenting.”

The research showed there tended to be less contact between children and their fathers if the mothers had been relatively young when pregnant.

Continue reading Fathers are the key to child behavior.

In the Best in Interest of Children ~ Children’s Rights Facebook Group

In the Best in Interest of Children

Quite often, I write about parental alienation and family court bias. Both, of these things do and will continue to occur in its present form unless, something dramatic changes. When we set foot into a family court environment to decide parental responsibilities, we have certain expectations that the term “best interests” of our child will be applied in the fullest measure possible.

Within the family court realm, there are essentially three people who will ultimately have a hand in the decision making process of where our child will live. First, you have an attorney for Mom, an attorney for Dad and finally, the judge who will decide the merits of the case. Obviously, the attorney’s job is to advance their client’s position and most times isn’t worried so much about the best interest standard.

This leaves the family court judge. These judges handle a great many cases that range from criminal to civil to family and anything else in between. As such, it is unreasonable to think that they are experts in all aspects of the law pertaining to the various disciplines. Also, they have limited knowledge of the family outside of what is presented to them in the courtroom. As a result, this can cause a judge to issue an order that may or may not be in the child’s best interest.

When applied, the term “best interest” should meet the legal definition. If, it does not then it is simply a useless phrase that is coined by the administrators of these proceedings to justify their rulings. Just so we’re all on the same page, let’s take a look at this term and what it implies. Though, each state may vary a bit in its definition, they all mention the main points.

Though, there are too many aspects to list in this article however, I will attempt to highlight some of the more obvious and relevant ones used in determining what constitutes the best interests standard. To see a complete list for your individual state, you can do a search of the term. The following are as listed, not necessarily in order.

*The age of the child;
*The relationship of the child with the child’s parents and any other persons who may significantly affect the child’s welfare.
*The preference of the child, if old enough to express a meaningful preference.
*The stability of any proposed living arrangements for the child.
*The motivation of the parties involved and their capacities to give the child love, affection and guidance. *The capacity of each parent to allow and encourage frequent and continuing contact between the child and the other parent, including physical access.
*Methods for assisting parental cooperation and resolving disputes and each parent’s willingness to use those methods.
*The existence of domestic abuse between the parents, in the past or currently, and how that abuse affects the child.
*The existence of a parent’s conviction for a sex offense or a sexually violent offense.
*Whether allocation of some or all parental rights and responsibilities would best support the child’s safety and well-being.

As you can see, there are many different aspects that judges must take into account when deciding the issue of parental responsibilities. None of these should ever be taken for granted lest, the child suffer due to the absence of one of these considerations. However, not all of the above mentioned are equally applied and sometimes, are ignored.

Should one of the parents display an unwillingness to follow these guidelines of best interests, then allocation should be given to the parent who is a willing participant. However, this does not always happen. There are times when the judge in these cases have demonstrated a certain level of hostility and bias towards one of the parents, attorneys or both, Further, their lack of understanding family law to the fullest, ignorance of motivating factors such as, parental alienation is a fairly common occurrence.

It is for these reasons that judges should be required to outline the guidelines, according to their respective state and go through them line by line explaining why each one is in compliance with their orders. I believe, that should a family court judge be required to do this, the very essence of transparency would eliminate any erroneous ruling and the best interest standards would be fully administered and served.

Finally, family court judges must be required to take educational classes to learn about a child’s best interest, as it applies to governing law. Lastly, family law cases must be separate from criminal and civil courts to insure that the judges are not only qualified but, also specialized in these matters. In allowing these things to take place, we may start to see some semblance of “best interest” standard being applied.

By David Shubert

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Source: Children’s Rights Facebook Support Page

The Due Process Clause guarantees more than fair process…

THESE JUSTICES WERE BOUND BY THE DUE PROCESS CLAUSE
court-of-public-opinion-2015

By thefitparentsrights

…and the “liberty” it protects includes more than the absence of physical restraint. (citations omitted). (Due Process Clause “protects individual liberty against ‘certain government actions regardless of the fairness of the procedures used to implement them’ ”) (quoting *720 Daniels v. Williams, 474 U.S. 327, 331, 106 S.Ct. 662, 665, 88 L.Ed.2d 662 (1986)). The Clause also provides heightened protection against government interference with certain fundamental rights and liberty interests. Reno v. Flores, 507 U.S. 292, 301-302, 113 S.Ct. 1439, 1446-1447, 123 L.Ed.2d 1 (1993); Casey, 505 U.S., at 851, 112 S.Ct., at 2806-2807. In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specially protected by the Due Process Clause includes the rights to… to have children, Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S.Ct. 1110, 86 L.Ed. 1655 (1942); [and] to direct the education and upbringing of one’s children, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925);…

Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, *721 “deeply rooted in this Nation’s history and tradition,” id., at 503, 97 S.Ct., at 1938 (plurality opinion); Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 332, 78 L.Ed. 674 (1934) (“so rooted in the traditions and conscience of our people as to be ranked as fundamental”), and “implicit in the concept of ordered liberty,” such that “neither liberty nor justice would exist if they were sacrificed,”(citations omitted).

Continue reading The Due Process Clause guarantees more than fair process…

Is There a Difference Between Motioning for Reconsideration or Rehearing?

Ask any civil trial lawyer in Florida how many days one has to move for rehearing of an order simply granting a motion for summary judgment, and the odds are good the lawyer will respond, “Ten days.” Pursue the matter further with the lawyer, and ask where this 10-day period is set forth in the Florida Rules of Civil Procedure, and the lawyer will invariably point to Rule 1.530, which by its title governs motions for new trial and rehearing.

Rule 1.530, however, provides that a motion for rehearing must be served no later than 10 days after “the date of filing of the judgment in a non-jury action.”1 An order simply granting a motion for summary judgment is not a final judgment; rather, it is a nonfinal order.2 So, too, are myriad other orders entered by a trial court before final judgment. Attorneys in Florida nevertheless regularly file “motions for rehearing” directed to such nonfinal orders. Often they believe they must do so within 10 days. Sometimes they also believe that such a motion tolls the time to seek appellate review of the nonfinal order.

Motions for rehearing of nonfinal orders are not authorized by the Florida Rules of Civil Procedure.3 Noting that motions for rehearing are exclusively governed by Rule 1.530, the Florida Supreme Court has observed that “[u]nless the filing of a motion for rehearing to an interlocutory order is authorized by a rule of court promulgated by the rule-making authority, then its filing is improper.”4 Indeed, it is not unheard of for an attorney to file a motion for “rehearing” of a nonfinal order and subsequently be confronted with a response from the other side echoing the court’s language and declaring that such motions are unauthorized and improper.

Yet while the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment.5 Rather than constituting a motion for rehearing under Rule 1.530, a motion directed to a nonfinal order is actually a “motion for reconsideration” based upon this inherent and discretionary authority of the trial court.6 Despite this distinct and well-established basis for reconsideration of interlocutory orders, there still exists confusion among many practitioners about the differences between reconsideration and rehearing.

Much of the confusion stems from the fact that parties and the courts frequently use the terms interchangeably, at least in the context of motions directed at nonfinal orders. This is perhaps understandable given the lack of any rule-based authority for reconsideration of nonfinal orders; the articulation of the trial court’s inherent authority has of necessity come through the development of the common law. An attorney will, therefore, only be aware of the basis for reconsideration — as well as its effect on any subsequent appeal — from the case law.

Common Law Origin of Motions for Reconsideration

Continue reading Is There a Difference Between Motioning for Reconsideration or Rehearing?

Divorce can turn lovers into warriors and children into refugees

Continue reading Divorce can turn lovers into warriors and children into refugees

Forced into a corrupt family court system that functions to drain our money, time and future.

familycourt25242b21Support Anonymous Family Court
Petition · Change.org

Stop Complying - 2016We are parents, grandparents and children forced into a corrupt family court system that functions to drain our money, time and future.

When we speak up we are retaliated against by a system of lawyers and judges who take our children, our property and our dignity in an effort to silence us.

We are not fighting the fight they want anymore. We will not have moms fight against dads. We will not force children in the middle to broker solutions for adults.  We are not asking.   Expect Us.

For every good judge and lawyer, who helped, you will be praised. For every Anonymous whistle blower or Ghost Squad Hacker who helps us speak up and protect families and children, you will be thanked by  the success you help create.DivorceCorp - Family Court Bankruptsy - AFLA Blog 2016

Continue reading Forced into a corrupt family court system that functions to drain our money, time and future.