
09-11-2005, 03:07 PM
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Need some advice to put the clowns on notice
I have a meeting coming up with DYFS, aistant attorney general, law gardian, my sons mother, her family and mine to discuss a "plan" of care and custody for my son. I wont be able to make it because of work,ut I told every one I would write a notarized letter and call in to the meeting on my lunch break. I was thinkin ht now is a good timeto let all the "athoroties" know in writng that I do not agree with their comtracts, refuse to contract with them and since I havent committed any crime that I will not defend my elf against theirallegations, wich by the way they still wont tell me what they have against me. Any one have any ideas what kind of format I should use and what direction I should go with his?
Thank you all for your help over ths months.
Dan
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09-11-2005, 03:24 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,397
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Get in the Head Game
As far as general advice (specific info forthcoming), DO NOT ARGUE or take positions on them. Taking positions gives them something to deny.
ASK QUESTIONS and force them to take a position, so you can use their contradictions against them.
The questions should be guided to eventuall unravel the fact that they have kidnapped without any basis in
1.Fact
2. Law
3.Principle
4.Consideration
These are the 4 elements which prove they have acted ARBITRARILY and CAPRICIOUSLY.
Look that term up in google inbetween " ..." quotation marks to narrow the search down
or "arbitrary and capricious"
Bring a Court reporter !!!!!!!!!!!!!!!!!!!!!!!!!!!!!! This meeting will be USELESS if you don't make a solid record.
THEY HAVE THE BURDEN OF PROOF AS TO WHY THEY KIDNAPPED YOUR CHILDREN. THEREFORE THEY ARE THE ONES WHO MUST PROVE UP, NOT YOU.
YOU have been irreparably injured, therefore YOU ARE THERE TO ASK QUESTIONS & THEY ARE THERE TO ANSWER, NOT YOU!!!!!!!!!!!!
In logic, a negative can never be proven
How can you prove why they should not kidnap your children??
Last edited by weishaupt1776 : 09-11-2005 at 03:27 PM.
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09-11-2005, 04:14 PM
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Need some direction please.
Coudl you please give me some direction as to what specific questions I should ask. I have an idea, like Have I abused or neglected my son?, What are the criminal charges against me?, What contracts have I broken, What claims do the state and court have against me wich relief can be granted.
This is comming up this tuesday so I want to get this down good by then and again if I can assist you with any mechanical or computer technical issues please feel free to ask.
Dan
The questions should be guided to eventuall unravel the fact that they have kidnapped without any basis in
1.Fact
2. Law
3.Principle
4.Consideration
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09-11-2005, 04:54 PM
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What I have so far
This is what I have so far.
ARBITRARY AND CAPRICIOUS - Absence of a rational connection between the facts found and the choice made. Natural Resources. v. U.S., 966 F.2d 1292, 97, (9th Cir.'92). A clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law. 5 USC. 706(2)(A) (1988).
Before I get into any discussion about custody of Gabriel between Christina and myself, I have a few questions I would like to ask all parties involved.
1) How have I abused or neglected my son?
2) What are the criminal charges against me?
3) Where is the contract between the court, the state and myself and what claims does the state or court have against me to which relief can be granted?
4) Why was my right to a trial by jury denied?
5)
Any suggestions would be GREATLY appreciated.
Dan
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09-11-2005, 08:41 PM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,397
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Hang Out
I've been in & out all day, will post tomorrow
It would be nice to see some more posts, however
The idea is to make an overwhelming admin record
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09-12-2005, 04:09 AM
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Hummmmmm?
I think that I'd show up to this very important matter, otherwise, you are just going to set-back the issues and piss off some administrative judge to the extent that, well, may set you off course for years to come.
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09-12-2005, 04:36 AM
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Npe NotGing
I can not make it to this meeting , because of their involvment in my life I have already lost one job and I WILL NOT lose this job especialy when I JUST started it get full benifits and make over 25 bucks an hour, so rather than piss off the judge, piss on the judge.
Dan
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09-12-2005, 06:16 AM
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Well...
...good luck, then!
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09-12-2005, 06:31 AM
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The Outta Commissiona
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Join Date: Oct 2004
Location: Florida Republic
Posts: 5,397
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Wargames Knows THE DEAL. about Family Law. Listen to him!
Dano, the meeting could be a golden goose-egg to get your children back. I believe that you need to take a big gulp and lay out some details(not too many) to your boss about this situation so you can go to the meeting.
I understand you lost one job already, but being a diplomat is key here.
Be TOTALLY UP FRON WITH YOUR BOSS.
I am just throwing this out, but ask him if he would consider firing you if you showed up to this meeting, etc . . .
Otherwise, You are going to have to make arrangements with th bureaucrats to do written correspondence otherwise. State that you are already suffering damages due to the way the STATE has handled your children. Make sure you start with the top dude and work your way down. Tell them this is out of necessity due to threats of losing your job which would render you to be irreparably injured.
This "written correspondence arrangement precedes the questions being put in writing
I still would push for the inface hearing. THIS IS YOUR DUE-PROCESS
Last edited by weishaupt1776 : 09-12-2005 at 06:34 AM.
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09-12-2005, 08:40 AM
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Practice Makes Perfect
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Join Date: Sep 2005
Location: Arizona state
Posts: 438
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Things to consider
Dano , I am currently involved in a situation similar to yours, divorce/custody. The marriage license application and certificate is the basis of their actions. This is an adhesion contract with two overt parties, you and your ex, and two covert parties, the state and the feds. The marriage contract between you and your ex is a simple common law contract. By obtaining a marriage certificate you have expanded the terms of that contract to include the state and their subsequent codes and statutes. The feds are involved because you provided a SS number which is used for paternity and child support tracking, the state has a contract with the feds to impliment legislation in return for fed grants.
Under the US Constitution and your state consitution you have a common law right to a trial by jury. By obtaining a marriage certificate you have acceeded to the jurisdiction of the court which is "civil"/admiralty/statutory and essentially have waived your constitutional rights.
Under the "civil" laws/statutes the state never alleges criminal conduct since that would conflict with their jurisdiction. The body of "law" dealing with family matters allows the court to do essentially whatever it pleases based upon any number of criteria, usually at the detriment to the father. Abuse or neglect does not have to be proven only alleged.
So, your first course of action needs to be to revoke your signature on the marriage license application to remove the adhesion contract created by the state. By doing so you can challenge jurisdiction, buying yourself some time and changing the nature of the proceedings. Is it too late to extricate yourself, I don't know, but this is what's needed in order to get any semblance of justice.
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