Help with an affidavit

Yup, State of NJ and DYFS vs. Dano

I reworded and edited the doc. in my last post. Let me know what you think.
Dan

[weishaupt1776]

You want BOTH an affidavit AND a petition to dismiss based on the affidavit

Call it affidavit in support of petition to dismiss

Personally, and this is a bit late in the game and I have lately been pondering this approach; is the fact that an agency is w/in the executive branch and must exhaust their admin remedies under the Administrative Procedures Act PRIOR to any court action.

Therefore the court lacks subject matter jurisdiction because there has been no agency determination
http://forum.suijuris.net/showthread.php?t=1357

http://forum.suijuris.net/showthread...ht=STATU TORY

Although this deals w/traffic stuff, it still aplllies cuz both are executive agencies and they MUST exhaust the admin proc prior to court for judicial review

Anyway, I don't know what your time frame is, so let's keep that backburner and study it more.
Since it deals w/SMJ, it can be raised any time and an adverse judgemnt can be voided due to lack of SMJ

Anyway
Point 11 attemts to prove a negative, an impossibility in law

• 11. WHEREAS DYFS has not offered any evidence or material fact to prove beyond a reasonable doubt or through a preponderance of the evidence why I should not have custody of my son

Scrap the red and paste [why DFS should have custody of my son]

Factually, that is what they are really forcing you to do is prove a negative

Put that in your petition to dismiss.

Say that it is totally inequitable that someone you have no contract with
is forcing you to try to prove why they shouldn't take your kids

Remember if it goes to court, and the prostitutor starts using pronouns (Dano did this, dano did that, etc . . ) Object on the grounds of hearsay

State that the attorney is testifying and that is not permitted.

Remember, object, object, object study the 5 steps to object in the downloads

Study the Rules of Evidence on Objections in the NJ code and Fed

Have the judge take judicial notice of it

In fact file a written objection to all evidence being entered on the ground that it is all unsworn hearsay with no competent witness to the facts

[weishaupt1776]

Put this at the end of your affirmations
If this affidavit in support of petition to dismiss is not rebutted within 10 DAYS by lawful evidence to the contrary, this affidavit is at law evidence that DFS is not a party in interest{OR WHATEVER ELSE YOU WANTO THROW IN THERE< DANO}and a default exists. Failure to present evidence to the contrary of the Affiants testimony, will be evidence that all parties stipulate to the facts herein as true, correct and complete.



Put this in your petition

SEVERABILITY CLAUSE
In the event any part of this Document is held to be invalid for any reason, or any interpretation or law stated not apply, misquoted, misinterpreted, or the application of only the part that is proven incorrect shall be invalidated and the remaining parts shall, including the application of laws and decisions stated, not be affected but shall remain in full force and shall be taken as factual including Exhibits, Memorandums – whatever- from this and all previously submitted documents, etc. by Petitioner.

Just an updated affidavit .

A couple more docs. I've been working on

[PANICPASS]

Dano,

What are the charges in the complaint?

Do you have any documents signed by anyone from DFS, authorizing them to take your child? If not then you should add this to your affidavit:

Affiants have not seen or been presented with any evidence that the Plaintiff, (hereinafter "DFS"), whose signature is absent from the instruments, purportedly forming the basis for the 'charges', has standing to bring any claim, and believes that none exists.

I read your affidavit and you need to REBUT what they are charging you with in the complaint. I noticed that you are spouting about a lot of things they are doing to you, but what are they accusing you of in the complaint?