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Monthly Archives: July 2015

The Family Court, Preponderance Of The Evidence, and Domestic Violence Game. Learn How To Play!

NC Fathers Rights

The NC family court gameAt the risk of teaching the few remaining people on the planet how to play the family court, domestic violence, and preponderance of the evidence game successfully, we wanted to give you some insights on how things are played and show you why nobody within the court system and legislature is clamoring to fix things even though when you email them they are all to familiar with the problems.

If you are reading this document just to learn how to win full legal and physical custody of a child in any U.S. State and not spend any money, SIMPLY CLICK HERE.

In this article, we are going to be very hard on lawyers, legislators, and Judges, but we do want to acknowledge a select few who are actually opposed to our current system and speak out when they can, but it is important to note that these lawyers and…

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Posted by on July 29, 2015 in Uncategorized

 

STUDIES SHOW JUDICIAL BIAS AGAINST DADS ~ #judicialbias, #anti-fatherbias, #familycourts, #equalparenting

STUDIES SHOW JUDICIAL BIAS AGAINST DADS ~ #judicialbias, #anti-fatherbias, #familycourts, #equalparenting

World4Justice : NOW! Lobby Forum.

53_1_bThis article isn’t new, but it’s new to me (TomJamesLaw, 12/1/13). I write about it because it’s too important not to.Read More

The subject is judicial bias in family courts. Now, we’re frequently told that there is no judicial bias on the part of family court judges, that judges rule neutrally on neutral categories. We’re told that the reason fathers so rarely get custody or meaningful time with their kids is that they don’t deserve it because they’ve only earned the money to keep the family housed, fed and clothed. That, we’re given to understand, isn’t as important as changing diapers, feeding and bathing the child. It’s so unimportant that it merits Dad being ousted from his child’s life despite the small avalanche of data demonstrating that children suffer terribly the loss of a parent.

I’ve argued long and hard that one of the reasons family court…

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Posted by on July 27, 2015 in Uncategorized

 

Undermining Support For Victims Of Family Court Judiciary & Court Actors

truthandjusticeforall

The Foundation for the Child Victims of Family Courts is setting up a Word Press Blog to write about the perils of our work, essentially that anyone who complains against whistle blowers undercuts their own defense against all forms of bias, due process violations against litigants and all authorities who violate the rights of protective parents defending themselves against false complaints by obsessed abusers who have much to hide.

The Foundation’s work to expose Judicial malfeasance and fraud has freed hundreds of children from the incursions of perpetrators of physical and emotional abuse. Our policy of filing complaints against judges and all court minions who file false complaints, discredit the character and credibility of our clients is an attempt to bring to the attention of Judicial oversight, the all too often lawless nature of judges and other court minions who enjoy exemption from accountability.

Physicians, priests, attorneys, politicians are accountable…

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Posted by on July 26, 2015 in Uncategorized

 

Litigants Designated As Protective Parents Need Not Be “Perfect People”

truthandjusticeforall

Those involved in extremely high conflict divorce/custody litigation are as per the experience of the FCVFC people whom have their own challenging childhoods. As mental health experts with thousands of hours of training direct treatment and research experience we can say with certainty that there are few if any individuals who come through life without experiences of some significant trauma, grief, loss, abandonment, betrayal, tragedy that has not had significant impact. The ability to integrate and use the experience for personal growth, empathy, healthy social integration is critical to making good relationship choices that ensure a safe, stable future. Not everyone is so fortunate. Whether some individuals make choices that are not in their best interest or worse, may lead to their worst nightmares, may be the product of naiveté or denial or any other of numerous psychological pathways that lead to associations not in one’s best interest.

No individual…

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Posted by on July 26, 2015 in Uncategorized

 

By Savanah St. Clair

Foster care can be a dangerous place for children. Foster children may be neglected, injured, sexually and physically abused, or even murdered by foster parents. But for foster children living in medical marijuana states, often the greatest danger can be CPS itself.

There are cases of children being taken away from parents and grandparents for every conceivable reason, or even no reason at all. One basis that has been used recently to attempt to remove children from their parents’ care and pushed through the system is medical marijuana. This does not speak of children who ingested the drug. In many cases, children are removed simply because their parents are medical marijuana patients or growers. Compounding the problem, parents often plead to false allegations instead of going to trial. This is because CPS tells the scared parents that if they follow instructions, they will get their kids back in six months. However, when the time comes CPS recommends termination of parental rights instead.

Cannabis is medicine, and loving parents should not lose their children due to a non-toxic plant. Cannabis is safer than aspirin, anti-freeze or household cleaners commonly found in our homes. Cannabis is less toxic than prescription drugs. Unlike aspirin or codeine, a child will not stop breathing or die from ingesting marijuana.

In fact, a child of any age cannot access the psychoactive effects of cannabis unless the THC has been decarboxylated. That is, raw cannabis cannot hurt a child.

There are some cannabis products that have been exposed to sufficient heat or pressure that they will medicate a child. Edibles should always be out of the reach of children, especially sweets infused with cannabis because cakes and pastries often are prepared to mask cannabis’ spicy or unpleasant taste. Common sense needs to be exercised at all time while parenting.

In California, children cannot be legally removed for pot only. The California Court of Appeals that oversees the trial courts where CPS operates, has stated that “… [A parent’s] use of medical marijuana, without more, cannot support a jurisdiction finding… not any more than the use of medications prescribed by his psychiatrist brings the children under the jurisdiction of the court.” (in re. Drake M.)

Elsewhere, the Court of Appeals stated that, “It is undisputed that a parent’s use of marijuana [hard drugs, or alcohol] ‘without more’ does not bring a minor within the jurisdiction of the dependency court.” (in re. Destiny S.)

In sum, California courts recognized that medical marijuana patients do not pose a serious risk of physical harm to children. That parents are not unfit per sé due to the presence of this non-toxic plant. That — after all — it’s just a plant.

 
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Posted by on July 19, 2015 in Uncategorized

 

Abusers Getting Custody
Abusers Use Claims of “Parental Alienation” to Gain Child Custody From Their Victims
2009: A Judicial Guide to Child Safety in Custody Cases

National Council of Juvenile and Family Court Judges Family Violence Department
Page 12:
C. [§3.3] A Word of Caution about Parental Alienation

Under relevant evidentiary standards, the court should not accept testimony regarding parental alienation syndrome, or “PAS.” The theory positing the existence of PAS has been discredited by the scientific community. In Kumho Tire v. Carmichael, 526 U.S. 137 (1999), the Supreme Court ruled that even expert testimony based in the “soft sciences” must meet the standard set in the Daubert case. Daubert, in which the court re-examined the standard it had earlier articulated in the Frye case, requires application of a multi-factor test, including peer review, publication, testability, rate of error, and general acceptance. PAS does not pass this test. Any testimony that a party to a custody case suffers from the syndrome or “parental alienation” should therefore be ruled inadmissible and stricken from the evaluation report under both the standard established in Daubert and the earlier Frye standard.

The discredited “diagnosis” of PAS (or an allegation of “parental alienation”), quite apart from its scientific invalidity, inappropriately asks the court to assume that the child’s behaviors and attitudes toward the parent who claims to be “alienated” have no grounding in reality. It also diverts attention away from the behaviors of the abusive parent, who may have directly influenced the child’s responses by acting in violent, disrespectful, intimidating, humiliating, or discrediting ways toward the child or the other parent. The task for the court is to distinguish between situations in which the child is critical of one parent because they have been inappropriately manipulated by the other (taking care not to rely solely on subtle indications) , and situations in which the child has his or her own legitimate grounds for criticism or fear of a parent, which will likely be the case when that parent has perpetrated domestic violence. Those grounds do not become less legitimate because the abused parent shares them, and seeks to advocate for the child by voicing his or her concerns.

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2 comments:

AnonymousJanuary 7, 2011 at 10:20 AM
http://srevoredo.blogspot.com
(I defend the interests of our children)

I have a sondage in may blog, to now how many moms have been accused of “parental alienation”.
Please, vote!

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AnonymousFebruary 17, 2011 at 7:50 PM
My ex has coustody of my two younger children. He cut the phone lines in an abuse shelter. got away with it. kids have been in foster care twice. i have fought for 7 years to overturn judgement. he decides when i talk to kids on phone i live in indiana. he has history of beating me and my son which is 16 now. the judge would not talk to kids. what else can i do.

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Posted by on July 19, 2015 in Uncategorized

 

PONTIAC, Mich. — A judge who sent three children to a juvenile detention center last month for refusing to eat lunch with their father has decided to release them so they can attend summer camp.

Oakland County Circuit Court Judge Lisa Gorcyca lifted her civil contempt order against the Tsimhoni children, ages 9, 10 and 15, at an emergency hearing Friday, ending their more than two weeks of incarceration at the Children’s Village detention center. The judge allowed the kids to immediately be transported to a popular Jewish overnight camp.

“We’re really happy she’s allowed them to come out and enjoy camp like some of their friends,” Lisa Stern, attorney for mother Maya Eibschitz-Tsimhoni, told reporters at the courthouse.

The ruling is the latest twist to a five-year divorce battle between Eibschitz-Tsimhoni and her ex-husband, Omer Tsimhoni. On June 24, Gorcyca found the children in contempt for disobeying her order to have a pleasant lunch with their dad and told them they were “brainwashed,” “defiant” and like members of Charles Manson’s cult, according to a court transcript. Gorcyca, a family court judge, warned she may extend their detention until they turned 18 if they didn’t reconcile with their father.

The judge’s order locking up the children provoked public outrage since it was first reported this week by Fox 2 Detroit. One woman at Friday’s hearing said her kids, classmates of the Tsimhoni children, had written them letters and picketed for their release.

Gorcyca on Friday defended the punishment. She cited her lifelong dedication to working for children’s interests and criticized Fox for starting a “media frenzy” without learning all the facts of the case.

“This was not a punishment. … The court agrees the placement is not ideal,” Gorcyca said, noting that no one had offered an alternative solution. “The decision was made so they could be placed in a setting where they would not be emotionally manipulated by their mother. … My intention was [for the children] to receive independent, objective and caring counseling.”

A Children’s Village staff member told the court that the Tsimhoni children were stable and had shown improvement in counseling sessions. They spent their time interacting with peers, attending summer school, and engaging in activities like hiking and art projects.

Attorneys appointed to represent each child said their clients reported good treatment at Children’s Village, but wanted to return home to their mom. The parents’ attorneys and the children’s court-appointed guardian ad litem, William Lanset, agreed that the children should be taken out of the center.

“The plan has to involve taking them out of Children’s Village, but it cannot involve the mother,” Lanset told the judge before she ruled. “She damaged these children.”

Eibschitz-Tsimhoni currently has custody of the children. Gorcyca and Lanset rebuked the mother for purposely alienated her kids from their father, sabotaging their relationship and visits, missing court dates, and ignoring court orders.

In June, the oldest child told the court he didn’t want to spend time with his dad because he was violent and had hit their mother — an allegation the father denied. Gorcyca said Friday that she had never heard credible evidence of abuse or other wrongdoing by Tsimhoni.

“This father has moved mountains to be part of his children’s life,” the judge said. Tsimhoni visits Michigan often, but lives and works in Israel. He attended Friday’s hearing by phone. His attorney said she would soon be filing a motion for change of custody.

After the hearing, Eibschitz-Tsimhoni objected to complaints about her by Lanset and the judge, and said she has always wanted the children to have a good relationship with their father.

“I’ve never done anything she said about me,” Eibschitz-Tsimhoni said.“The only thing I always said to the court is that love comes with love. … You can’t force somebody to love.”

Each parent will be allowed supervised visits with the children at camp, and will split the costs. They and their attorneys are making plans for the kids to work with an expert or a program to rebuild their relationship with their father.
Also on The Huffington Post:

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Posted by on July 18, 2015 in Uncategorized