Injunctions (Restraining orders) and Family Court In General

[claude11]

Hello All,



This issue may be a particularly hairy one but it is beating the crap out of thousands of fathers world wide who are getting slaughtered in the Family Court. First via false allegations of either domestic violence or child abuse and then the very damaging restraining orders that seem impossible to shake off. I have a very nasty ex who alleged child abuse (only AFTER she recieved a lien on the family home from my lawye) and as a result I have not been able to see my 2 very young children for almost 14 months now. I am waiting for a pre-trial date and believe me, these people do not want to hurry up about it. This is probably because then the judge can say well the children have been with the mother (through no choice of my own) and therefore they should stay with the mother. This situation is a very common occurrence and if any one needs help - it is in the family court which is ripping families apart left, right and centre after divorce (as if the divorce was not traumatic enough as it was). I do not know whether to go ahead in the "beast" system as the fiction or do something more constructive to challenge them. It does not seem to matter that there is no evidence of abuse (that is in terms of being charged and having the evidence to do so). Should I remove myself from the juisdiction of the Family Court? Will this automatically remove the injunction? What other way is there for me to have contact with my 2 very young children enforced if not the Family Court? Sorry to bother you about this but I am getting a little frustrated about it and so are the other thousands of fathers who have had enough of this crap. I guess it is all about child support when you truly break it down. I live in Australia but there isn't one bit of advice available on the net or elsewhere in the "su juris" side of things. I do not want to be 120 years old by the time I get to see my children again. I was a virtual "Mr. mom" to my daughter for the first 5 years of her life and now there is absolutely nothing!!! Any ideas? This issue is a very big one right across the Western civilization.



Regards from Australia.

[claude11]

P.S. The "temporary" injunction was applied Ex-Parte (without my presence nor knowledge) and I have not been able to budge it even 1mm. I had a "lawyer" (not called attornies in Australia) but she was practically useless on this issue. I have since run out of money to throw at lawyers and wish to go "In Propria Persona".

[Ice]

No charges were filed and no evidence presented in regards to child abuse, right?



Well then, a fraud is being perpetrated upon the court and the children have not only been "used" as a tool to cause injury and harm to you, but they have been harmed by these false allegations. (And may be further harmed by "manipulative techniques" performed by ?? A good reason to request the children be removed from an environment which may be causing them great mental and emotional harm).



Why not file motions to dismiss/remove the injunction, restraining order and anything else to do with this case on the basis that no evidence has been presented to support the allegation and no formal charges have been filed (which surely would have occurred by now if the allegations could be supported), that the children are being mentally and emotionally damaged by these false allegations and the separation from their father (who was their primary care giver), that it appears a fraud is being perpetrated upon the court and the alleging party may be subject to criminal prosecution for this fraud and for filing these false allegations (as well as for civil damages).



Are you getting this?... does this give you any ideas?...



If you're going to FIGHT - then make it an all out effort.



I still find it disturbing that 2 people that loved each other enough to start a family cannot work these things out without involving the courts. If the Creator could be called upon to witness the marriage then why isn't He called upon when there are problems within the marriage? WHY are LAWYERS/ATTORNIES CALLED ON?!? (Yeah, right, I know).

[claude11]

Thank you for your suggestions and no, there are no charges nor any evidence to bring charges. As to why we could not work things out with out a lawyer well, on the first part, it was my poor judgement of this person that got me into trouble. My intuition in the early days gave me little signs but I chose to ignore them so I accept full reponsiblity in that regard for my bad judgement. Basically, she is "inclined" a certain way if you know what I mean (without saying too much) and the children were all that she wanted I believe, from the start. Either way, I believe some form of "state authority intervention" would have been the final outcome regardless as at the time she recieved my lien on the house, I found out she was about to sell it and move with the children in one week from that time.



I guess the Family Law issue is even more complicated in the sense that there are agencies built up all around it and surviving on the allegations in divorce or child protection industry so it truly is an ugly system that is inherently biased toward males or fathers. Most of the truth as anything, does not make it to the media such as the fact that many fathers suicide each year from the lack of being able to cope with similar situations to my own.



I shall give the filing of motion to dismiss all associated with this court action a shot and as you said, if I am going to fight then I must go all out - I agree with you on that one. Thank you for your reply. Can I also mention that had it not been for my unexpected meeting with the Family Court system, I would not have had any idea about the fiat money system, the UCC, the corporation vs private capacity problem or anyhing else related to freedom. What brought me to these sights was an inner feeling that something was seriously and dangerously wrong with the "system" and what I have discovered is horrendous to say the least. What does trouble me is that very few fathers in the same situation have made the same discoveries. Well, to each their own I guess. I believe the Family Court system is the most lucrative industry for lawyers, attornies and judges at this time. It becomes difficult for fathers to express their frustration due to the political correctness propaganda and the public rejection of absolute truths encouraged by the media.

[Akira]

Claude11,



Welcome to Sui Juris... you have come to the right place!



We share the same boat ! I also have not seen my children in 16 months and they live less than 1/4 mile from me.



I will not waste our time and energy sharing my opinion, nor will I play "my situation is worse than yours" with you, as none of these things bring us any closer to our children.



I do not have a Silver Bullet for you, and you should not expect to find one... anywhere.



However, what I can offer is the insight brought from thousands of hours of study and work on this very subject, as well as my present multi-faceted strategy of attack.

it was my poor judgement of this person that got me into trouble. My intuition in the early days gave me little signs but I chose to ignore them so I accept full reponsiblity in that regard for my bad judgement.

You see, you have already taken the most difficult step.... ACCEPTANCE !!



Know this.......



You are not alone.... the Creator and I (and the folks here at Sui Juris) stand with you



You are a divine creation !! God makes no junk or spare parts.



We were born to fight this fight. We are on the front lines, fighting a righteous battle, and the Creator wants us to win, eliminate all doubt and don't look back !



You are not of this world, do not seek reassurance in it. You were born with everything you need. The 5 senses and your mind (reason / ego / flesh) should be ignored, as they only teach you about a place of which you are not a part.



YOU OWN YOURSELF and have RIGHTS given by the Creator. You were also given CHILDREN by the Creator.



What authority or right does ANY MAN (or any group of men) have to take them?? or even be worthy of an opinion? It is no ones business. If they just want to whine, let them consult YOUR Master, the AlMighty ! Let them prove a crime or shut their mouths, lest trouble finds them !



If your Ex (wife??) wants to be a slave, fine. Then you only seek HER master, so you may retrieve your property.



God gave those children to you and her, not to her master.



She alone does not have authority to give (sell / trade) the children to her master, however, she does have the authority to give them to you !



Children of slaves go with the mother.

Children of free men, go with the father.

(help ! still looking for the source of this quote ! )



NEVER EVER GIVE UP !!



(end of rant...)



Legal Stuff.... I will post separately...





For HIS Glory,

Akira

[Akira]

Claude11,



I'm sorry, but you will need to offer much more specific information in order for anyone to give more suggestions than what Ice already has.



I am also reluctant to offer much as I am unfamiliar with the differences between our two legal systems, but since, like the US, Australia is probably still owned by England, I will presume things are quite similar. It will be your responsibility to verify the "concreteness" of ANYTHING that you find here.



When "push came to shove" in my own situation (fraud based Protection from Abuse), my lawyer took me outside to tell me...



"It works like this...

If YOU win, SHE gets the KIDS and you make an enemy !

If SHE wins, SHE gets the KIDS and MAYBE you can keep a FRIEND !"



Sounds like a lose / lose to me.....



The blessing is that you've woken up at the beginning of the game, so you still have options.



Expect no help from the courts, judges, lawyers or anyone else who depends on the government for their livelyhood, including all those children's organizations. They all have a completely different agenda than you do. If you can, avoid them like the plaque they are !



If you haven't secured your relationship with the strawman, do so NOW.



Also, contact other sovereigns in Austrailia and find out what other things they did to reinforce their sovereignty.



In the US, we have 5 states with orignal jurisdiction, Constitutional governments, with 12 more to be established this year !! These states and their courts are offering some relief to those who know how to use them. I hope you have a similar process available there.



We wait on your details....



For HIS Glory,

Akira

[claude11]

Thank you Akira.



I believe the "system" here in AUSTRALIA is basically the same as that in the UNITED STATES. What I have noticed is that there is something significant about the year 1973. Is this the year that all courts changed to the commercial law system? As you may or may not know Australia is supposed to be a constitutional monarchy - we basically have the same constitutional protections as American sovereigns however, this fact is not spelled out so clearly in our founding documents such as the Australian Constitution. In 1973 the Australian Government pulled a fast one on the public by establishing "AUSTRALIA" as a corporation - we were (and still are in reality) originally known as the Commonwealth of Australia (the constitutional nation). However, 99 per cent of people are not aware of this fact. Most people here have no idea about what sovereignty is or how binding contractsare let alone who they actually are. This is understandable when you consider that this nation was not established in the same way was the united states of America. For the most part, the majority of the early settlers and many elderly people still cling to mother England and are even now reluctant to establish Australia as a republic. Needless to say however, even the elderly have no idea about what is going on in terms of our courts or currency. The simply have not been told the truth and have no idea what a fiat system of currency is. Most people here think that oour dollars have intrinsic value.



What is interesting is that on our fiat currency, the words "Commonwealth of Australia" were removed and replaced with the word "Australia" in 1973. (is this the equivalent of the UNITED STATES corporation?). So something very significant happened in 1973 regarding both the courts and the federal government. It appears to me that a nation does not necessarily have to go into bankruptcy or receivership to be brought under the beast system - alernatively our nation also was "secretly" bankrupted and the fact never made public. In this country, the government seem to be able to do whatever they like simply because the people do not understand what is going on in the first place. The Federal Reserve bank was established in Australia in 1925 - the public were told that it was our own national bank.



As far as my own situation goes, I was born in Basel, Switzerland (home of the IMF? BIS?). I am in a rather unique situation in the sense that the only birth certificate I have is an inscription into our family bible written in the proper living being manner. This is rather unusual for the year 1965 I suppose seeing that the rest of the Western world had long been issuing commercial UCC type contract birth certificates. In 1996, to resolve the problem of having a readily available copy of our birth certificates to give to companies upon job applications, my mother wrote to Switzerland in order to obtain what you may call an "extract" of mine and my brother's birth certificates. These extracts still display our names in the proper livining being manner (NOT all caps). So, this may be significant in terms of how and if I do indeed have a strawman to begin with - if so, how was this achieved? Was it through Australian citizenship? Social security or what?



This is the starting point for me - determining if I even have a strawman (and it appears I do as on my licences etc my name is written in all caps). However, the process of taking control of my strawman may well be a different one when compared to those who were issued with the all cap birth certificate. This may be an advantage in my case but I do not know for sure at this time. I still need to do some serious investigating.



On the extract of the birth record recieved from Switzerland

in 1996 are written the words "EXTRACT ISSUED IN PURSUANCE OF THE CONVENTION SIGNED AT VIENNA ON SEPTEMBER 8, 1976". I do not know what this convention was all about however, it may well be worth finding out. I will keep you posted however on any progress that I make.