FL Court of Appeals, FL Supreme Court...

[gatorguy3]

I was only wondering if anyone knew what steps I should take in my situation. I feel as though the Circuit court that claims jurisdiction in my case is neglecting too many issues and is showing extreme bias towards my son's mother.

Can I appeal the decisions thus far (with respect to child support, custody, and otherwise) or should I take it to the Supreme Court of FL?

Any advice would be appreciated.

[gldskr]

gator

Without knowing any specifics of your case it is difficult to comment. Check out this site http://www.ancpr.org/index.htm There is a wealth of information that might interest you.

gldskr

[gatorguy3]

I appreciate your reply. I will look into that site. I have been looking into the appeals court idea, but I am not sure about many of the issues in my case being allowed to be appealed. Most everything mentions 30 days to appeal decisions. I have issues going back to 2003.

[weishaupt1776]

As far as the system is concerned, I believe all admin remedies must be exhausted, then you have to show serious problems w/the appeals courts before the Sup Ct will look at it

Regarding the stuff fr. 2003, you need to look into Cornforth's void judgements available at LRG (hosts of this site)

[gldskr]

gator

Most of the information on this site (and others) advocates exhausting all administrative remedies before engaging the judicial. Marriage/Divorce however is a completely different animal in that the administrative remedy is stacked against you from the beginning, particularly if there are children involved. The primary concern of the courts in this instance is the "best interest of the child(ren)". While there are guidelines for the administrators to follow, their orders and decrees are essentially arbitrary.

If you wish to navigate the administrative waters, the above site should help in getting some of the more onerous orders vacated or modified. Should you wish to start with a clean slate, theoretically, there is another option. This is what I am in the process of doing.

Originally, all divorces were granted exclusively by the state legislatures. They then conferred this duty to the judicial courts, and only for cause i.e. adultry, insanity, criminal behavior, etc. Subsequently the states have codified volumns of statutes further regulating domestic relations.

As we all know, everything is a contract. However, unbeknownst to you and me was the fact that the state was a party to the contract, through the marriage license. The marriage license is a voidable contract for the simple reason, among others, that the terms were undisclosed. If the contract is voided, all subsequent actions in regard to the contract are also voided, ab initio.

This is what I am doing;

1. Revoke/rescind signature on marriage license. (voiding the contract)

2. Initiate SMJ challenge. (denying the administrative court the authority to adjudicate)

3. Establish that you will appear by special appearrance. (the court can only rule on the SMJ challenge)

4. Establish that you are appearing in propria persona not pro se.(this lets the court know that they are dealing with a flesh and blood human being) Stand your ground on this one because the court will invariably try to get you to conceed that you are appearing pro se. This will nullify your SMJ challenge because doing so admits jurisdiction. Before saying anything ask the judge if you are giving testimony. If he says yes remind him that you must be sworn in first. A pro se litigant is already presumed to be sworn in as he is acting on behalf of/representing himself as an attorney.

5. Establish that as a sovereign flesh and blood human being, Yick Wo v. Hopkins in the download section, their administrative "laws" do not apply to you because there is no contract that binds you to such. (no contract no jurisdiction)

6. Request/demand that the court dismiss the case without prejudice for lack of SMJ. (it must be without prejudice because the case will have to be relitigated, albiet within the court's judicial capacity) Judicial courts have a higher standard of constitutional integrity, theoretically, that they must adhere to.

Draw up your own petition for divorce and file it if the court rules in your favor. If not, then you will have to appeal. If your SMJ challenge is done properly it will be unrebuttable. Absent a contract, the state and your ex have no standing.

gldskr

How would one go about doing these things, i.e. proceedure?

1. Revoke/rescind signature on marriage license. (voiding the contract)

2. Initiate SMJ challenge. (denying the administrative court the authority to adjudicate)

3. Establish that you will appear by special appearrance. (the court can only rule on the SMJ challenge)

4. Establish that you are appearing in propria persona not pro se.(this lets the court know that they are dealing with a flesh and blood human being) Stand your ground on this one because the court will invariably try to get you to conceed that you are appearing pro se. This will nullify your SMJ challenge because doing so admits jurisdiction. Before saying anything ask the judge if you are giving testimony. If he says yes remind him that you must be sworn in first. A pro se litigant is already presumed to be sworn in as he is acting on behalf of/representing himself as an attorney.

5. Establish that as a sovereign flesh and blood human being, Yick Wo v. Hopkins in the download section, their administrative "laws" do not apply to you because there is no contract that binds you to such. (no contract no jurisdiction)

6. Request/demand that the court dismiss the case without prejudice for lack of SMJ. (it must be without prejudice because the case will have to be relitigated, albiet within the court's judicial capacity) Judicial courts have a higher standard of constitutional integrity, theoretically, that they must adhere to.

Draw up your own petition for divorce and file it if the court rules in your favor. If not, then you will have to appeal. If your SMJ challenge is done properly it will be unrebuttable. Absent a contract, the state and your ex have no standing.

[gatorguy3]

gldskr,

Provided I do as you have suggested, and I am successful in my attempt. What rights am I left with, with regard to my child? I do not wish to ruin myself with regard to getting custody at which point I am able.

[idknow]

Originally Posted by gatorguy3

gldskr,

Provided I do as you have suggested, and I am successful in my attempt. What rights am I left with, with regard to my child? I do not wish to ruin myself with regard to getting custody at which point I am able.

--
if your challenge is correct, you win, get the child, and Pie
and all your rights are intact.

[planetmark]

Originally Posted by gatorguy3

gldskr,

Provided I do as you have suggested, and I am successful in my attempt. What rights am I left with, with regard to my child? I do not wish to ruin myself with regard to getting custody at which point I am able.

My understanding would indicate that if you get the divorce case dismissed, EVERYTHING they have done to you, including order for child support, and restrictions from custody of your children would be vacated. This is GOLD.

If this can work, I plan on having people on standby to hinder or delay my ex from leaving the court, and having a large vehicle and more people on standby for a "child extraction" mission!

Help us with the paperwork for this SMJ challenge. My research thus far has led me to this exact conclusion, now to just get it in suitably "legalese" language. I'm ready to face the black-robed thug, and defend this action.

[gatorguy3]

Originally Posted by gldskr

gator

6. Request/demand that the court dismiss the case without prejudice for lack of SMJ. (it must be without prejudice because the case will have to be relitigated, albiet within the court's judicial capacity) Judicial courts have a higher standard of constitutional integrity, theoretically, that they must adhere to.

Draw up your own petition for divorce and file it if the court rules in your favor. If not, then you will have to appeal. If your SMJ challenge is done properly it will be unrebuttable. Absent a contract, the state and your ex have no standing.

gldskr

First, why would I want the court to have the chance to relitigate the case? Why not be "with prejudice" and cut to the chase?

Second, If I am successful at recinding my signature from the marriage license as suggested, why would I have to file a divorce against a void marriage?