
09-12-2005, 11:50 AM
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Join Date: May 2005
Location: Colorado.
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oath of office
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Originally Posted by gldskr
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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If you are going to stir a controversy by rescinding signatures etc. then you might try accessing the Constitution through the administrators' oath(s). In theory if you can get them to self-validate their oaths, to put certified true and correct copies into your case jacket, you can expect constitutional behavior from them.
Is it too late to extricate yourself? Of course not. But you must defeat the illusion that you acquiesce to the arbitrary and capricious decision-making processes of adminstrative government. For instance, first and foremost your four-party marriage was not executed in good faith. Now that you are educated you can lawfully say, "That was before I knew any better." And truthfully say, "That is not my signature.", because it now lacks endorsement in good faith. The drawback is that these family disputes have become such a cashcow for the State and Feds you should expect a team of attorneys will do what they can to crush you. For instance if you are not making the hearing because you fear for your job, this may not be for you.
Notify the administrators to self-validate their oaths. When that fails notify the court that you are no party to any of these contracts (marriage license/application). If the State starts meddling in your affairs, saying the Ex has custody etc., abate and go back to their refusal to validate oaths. They have likely taken the oaths but would just prefer to remain arbitrary and capricious.
Regards,
David Merrill.
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09-12-2005, 02:06 PM
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Practice Makes Perfect
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Join Date: Sep 2005
Location: Arizona state
Posts: 438
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Thanks David, that's my strategy. Currently my proceedings involve a clown called a referee, whos oath of office essentially states "I will do my best" with no reference to constitutional rights.He can be replaced at any time with notice of objection for any reason - as a result of this bogus oath I'm assuming. His replacement can also be replaced but only for cause.
Now, please correct me if I have erred; by revoking the marriage application/certificate I can then challenge jurisdiction based upon failure of the state to state a claim and/or subject matter. The case will undoubtably be transferred to a "real" judge where I can demand that he take notice of his oath. Will the state take up the jurisdictional issue or will the petitioner(my ex) have to deal with it? With no valid contract in place what might be their arguments to prove they have jurisdiction? Also what is abatement and how does that work? Is that like a stay or order to vacate?
thanks gldskr
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09-12-2005, 02:45 PM
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Join Date: May 2005
Location: Colorado.
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abatement
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Originally Posted by gldskr
Now, please correct me if I have erred; by revoking the marriage application/certificate I can then challenge jurisdiction based upon failure of the state to state a claim and/or subject matter.
Or maybe lack of a contract. Which leads to the abatement wrapped around a refusal for cause.
The case will undoubtably be transferred to a "real" judge where I can demand that he take notice of his oath.
Theoretically. Experience lately is proving that these attornies in the black robes will do about anything to avoid that mandatory judicial notice (to get a certified true and correct copy of their oath [self-validation] into the case jacket.)
Will the state take up the jurisdictional issue or will the petitioner(my ex) have to deal with it?
I doubt the state will take up the jurisdictional issue. In Colorado there is mention of "courts not of record". Therefore after abating the nuisance you cannot appear anymore. Appearance cures all defects in jurisdiction.
With no valid contract in place what might be their arguments to prove they have jurisdiction?
See the last sentence above...
Also what is abatement and how does that work? Is that like a stay or order to vacate?
Once understood you are being persecuted in a court not of record, abate the nuisance by notice and grace. Address something like misnomer or lack of the enacting clause on a criminal charge; maybe the bad faith of society tricking you into marrying the US and State when you only meant to marry your wife. Anyway; give them ten days to correct something deviant from the law and constitution(s) that they cannot correct. After ten days publish the default judgment. [County clerk and recorder/ county deeds.]
thanks gldskr
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You are welcome. I hope you find this helpful.
On suijuris.net many are aware of the infrastructure of banking policy manifesting in fiduciary responsibility of the "judges" to their principal the Bank and Fund. That is refreshing. But it saddens me a bit to suggest a pathway that may lead to terrible backlash from that same debt/mortgage system of practice. So keep in mind that some people are just better off (in this life) to just roll over and do the best they can to discard what they have learned about the compressed information infrastructure of fractional reserve practices and its inherent debt action in assumpsit.
Regards,
David Merrill.
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09-12-2005, 05:25 PM
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One other thing. Don't demand anything.
Order.
Henry Franklin
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09-12-2005, 07:53 PM
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Unplugged
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Join Date: Oct 2004
Posts: 145
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in the spirit of "notifying the administrators to self-validate their oath" who all would be included in the "administrators"?
I would also say, in response to the notifying of the courts that you are not a party to the contracts due to a lack of full disclosure of the contracts...not only that you didn't sign in good faith.
__________________
A child is born; a blessing to the parents.
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09-13-2005, 03:09 AM
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Come and Get Some!
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Join Date: May 2005
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notification
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in the spirit of "notifying the administrators to self-validate their oath" who all would be included in the "administrators"?
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Agents of a foreign principal are required to file in the district courts of the United States and aquire a judgment before proceeding against a man or woman on this land.
With suitors, my job is to get the boilerplate Libel of Review into place without getting involved with the technicalities. Therefore if one cannot identify who is presenting, then there is no proper notice being given. It follows that if an administrator is difficult to identify, they are probably not an administrator.
Regards,
David Merrill.
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09-13-2005, 09:21 AM
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Unplugged
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Join Date: Oct 2004
Posts: 145
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Mr. Merrill,
Thanks for the response, however, that answer does not state an answer to the question....
WHO are the administrators someone would serve? Ie the judge, attorneys, bailiff? who?
__________________
A child is born; a blessing to the parents.
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09-13-2005, 11:08 AM
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Hummmmmmm...?
Gator,
PM me with private email addy and we shall see what happens.
Otherwise, Mr. Merrill (David) has already spelled out his job position, and like He need's any more assignment in present. (Lil over protective here)
Beside's, you walked up to the front of the class halfway through the semister, without reading the basics, and now demand an A+?
Kindest regards...
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09-13-2005, 05:54 PM
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Come and Get Some!
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Join Date: May 2005
Location: Colorado.
Posts: 6,274
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demands
Nope; no demands. Especially an A+.
Also I think the question was answered. If one cannot identify the administrators, then there must not be much of a controversy. I suppose that I would have to delve into the details of a lot of other people's lives to be able to identify who is presenting offers they want to deal with. [It would require a phenomenal memory for one thing and I would be making major decisions for others based on it.] Instead it is better to just ask. So Gatorguy; you tell us who the administrators are.
It is much more satisfying to teach somebody how to fish than to throw them a fish or two every day.
Otherwise maybe somebody who has been paying attention since the beginning of the semester could answer you.
Regards,
David Merrill.
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09-13-2005, 06:59 PM
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?????
Um what does any of this have to do with giving me some direction?
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