Family Court Newbie?

[Akira]

ezrhythm,

Thanks... but making speeches is easy......



scooterdog,

So share... that others may learn... that's why we're here...


For HIS Glory,
Akira

[mikah2k]

....................

[scooterdog]

Akira:

Throw me some questions, and I can try to help. I have tons of stuff for fathers. NOt much help for women lol. More than happy to help when I can.

[ezrhythm]

Originally Posted by scooterdog

I set my order up that I have "complete custody and control". F*** um, thats what I did lol.

How did you go about doing that without the X protesting?
And if the X protested, how did you get that to judgement?

[scooterdog]

Well, First of all, I built up my case over the summer. Then when my son was returned to me from summer break,(I had primary custody the whole time) when my parents picked him up, I had them hand her a Legal and Constructive notice. I also mailed one to her.

She just went away. Drew up my papers, got ready for court, and she never show. (She owes me child support, so I really hammered on that, she was living with a man, so custody could change on that, added several cases where a woman couldn't take the child out of state as it prevented a meaningfull relationship, ect...)

Myself and my son were the only two that testified. While I was on the witness stand, the Judge asked my son a couple of questions, cut him off after a couple of questions, had me sit down, AND PROCEEDED TO APPOLOGIZE FOR THE ENTIRE SITUATION, (A quote from Judge Hegel--"I WANT TO TALK TO YOU NOT JUST AS A JUDGE, BUT AS A FELLOW FATHER")

Case done! Simple once you are shown what "family court" is really about.

[scooterdog]

Here is a little case law:

A child has an equal right to be raised by the father, and must be awarded to the father if he is the better parent, or mother is not interested. STANLEY V. ILLINOIS, 405 US 645 (1972)

If custodial mother has boyfriend living with her, state can change custody to father. JARRETT V. JARRETT, 101 S.Ct. 329 Visitation (parenting time) is a constitutionally protected right which can be protected in federal court, even if father is in prison. MABRA V. SCHMIDT, 356 F.Supp. 620

Ex Parte conferences, hearings or Orders denying parental rights or personal liberties are unconstitutional, cannot be enforced, can be set aside in federal court, and can be the basis of suits for money damages. RANKIN V. HOWARD, 633 F.2d 844 (1980); GEISINGER V. VOSE, 352 F.Supp. 104 (1972)

Judges' refusal to consider evidence and psychologist reports denies due process right to "meaningful hearing." ARMSTRONG V. MANGO, 380 US 545, 552; 85 S.Ct.1187 (1965)

Laws and Court procedures that are "fair on their faces" but administered "with an evil eye and a heavy hand" (discriminatorily) are unconstitutional. YICK WO V. HOPKINS, 118 S.Ct. 356 (1886)

Federal Courts can rule on federal claims (constitutional questions) involved in state divorce cases and award money damages for federal torts or in diversity of citizenship cases involving intentional infliction of emotional distress by denial of parental rights, "visitation", as long as the Federal Court is not asked to modify custodial status. LLOYD V. LOEFFLER, 518 F.Supp 720 (custodial father won $95,000 against parental kid-napping wife)
FENSLAGE V. DAWKINS, 629 F.2d 1107 ($130,000 damages for parental kidnapping) KAJTAZI V. KAJTAZI, 488 F.Supp 15 (1976)
SPINDEL V. SPINDEL, 283 F.Supp. 797 (1969)
HOWARD V. KUNEN, USDC Mass CA No. 73?3813?G, 12/3/73 (unreported)
SCHWAB V. HUTSON, USDC, S.Dist. MI, 11/70 (unreported)
LORBEER V. THOMPSON, USDC Colorado (1981)
DENMAN V. VENEY, DENMAN V. WERTZ
Right to jury trial in Contempt:
BLOOM V. ILLINOIS, 88 S.Ct. 1477
DUNCAN V. LOUISIANA, 88 S.Ct. 1444

Is this what you ment Akira???? I have a ton of cases like these.

[powder]

The other thing you could do is strike a private agreement with the people of interest.

I am currently waiting for the time to pass on my notices... some to people that wear black robes, some to people that strive to wear a black robe and extortionists. (14 in total).

Never Argue.

Case Law applies to decisional cases... where the decision is left up to the whym of the person in the black robe....