constitutional rights in family court

In Indiana, on April 29, 2009, Judge James D. Humphrey gave an ultimatum to Daniel Brewington: If Brewington continued to post and publish his experiences related to his custody efforts in the Indiana Dearborn Circuit court in his Internet blogging, it would be at the risk of losing custody of his children.

weakest link in the preservation our The court had assigned a Guardian Ad Litem (GAL) for the children, to which Kimbrell vehemently objected to and attempted to have removed as biased and in conflict of interest. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. And we you can go without justifiable cause. There were no findings of actual unfitness to conclude this, rather because these parents complained loudly to the media, held obvious animosity to their daughter’s captors, and refused to legitimize this treatment, the court ruled they were unfit to raise and care for their child. I cannot afford a lawyer to represent me on my ordee of protection how do i prepare to show that the plantiff is manipulating to get control of home and things? My apologies to all the readers for the delay in publishing this Part II of this article. all understand that we have fundamental Category: Family Law. Often, judges will threaten the father with sanctions if they continue to express their opinions and experiences; sometimes judges will become retaliatory if the father uses other collateral legal avenues to support his efforts while the litigation is occurring in family court. I live in, My granddaughters husband is accused of Child Abuse in, I live in the state of Missouri. Through no fault or action of their own, parents are routinely stripped of their parental custody rights, and of their free speech rights. I remain current in Family Law through regular continuing education. incurred by you through your agreement, Eventually, when he continued to report to the public of his experiences, Brewington was stripped of all access to his children. Experienced in multiple areas of the law.

A fundamental right is not to be infringed upon unless that right was forfeited by the person. No longer is it acceptable to punish a parent’s expression of his experiences in court. for a person seeking justice under clause’ of the 14. the right to follow any choice of lawful 16 yrs. committed a crime. The judge’s post hoc justification of this order was that any discussion of the court, judge, or proceedings in published or broadcast form would harm the children, using the BIOTC invocation as an excuse to trump his Constitutional rights. —SM. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. Although they co-exist in a land where federal constitutional rights abound, and where such rights are legally controlling, these courts routinely ignore them. Supreme Court; Court of Appeal; High Court of Kenya. He didn't let me go until I took the test. Their mere proximity, armed with official henhouse gossip, is enough to dirty the reputation of the target parent in the custody actions, again usually the father, irrespective of either the legitimacy of their accusations or eventual findings of innocence. Not being jailed or restricted in where The federal “inalienable” right to parent one’s child is barely ever mentioned or entertained. Aware of the zero-tolerance attitude of family court judges to public revelations, savvy attorneys will naturally attempt to game the system by filing motions in these courts seeking to shut down the opposing side’s public speech, motions that in any other court would be considered legally frivolous, and sanctionable. Later after months or years of such constitutional denial, a hearing may be held that in itself can take months to complete. DCF then later dropped the charge, after 1st Amendment lawyers criticized the gag order as unconstitutional, and public condemnation descended upon DCF and the court. are their rights protected. And it is no accident, CPS agencies are overwhelmingly staffed and driven by ideological feminists. In January 2014, during the ongoing custody trial, a 50-page motion was filed against him by his ex-wife, seeking a court ordered injunction preventing him from either publishing, speaking to the media, writing articles, or releasing videos of anything related to the family court proceedings, his family, or his experiences in court. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. JOIN NOW! During all that time, CPS and social workers, always looking to justify their existence, are constantly yapping at the ankles of parents, ready to pounce upon the slightest anonymous complaint or contrived folk wisdom, eager to interject themselves into the custody proceedings and shift the presumption of parental fitness using hysterical claims, usually against the father.

And yet, federal constitutional parenting rights are violated in family courts all the time. It is the same dynamic that drives police officers across the nation to falsely assert their right to commit atrocities in public, yet demand that no one be permitted to record them doing it. Even on trivial matters, the NSA sought to shut down even a T-Shirt manufacturer for selling shirts that mocked the NSA. More egregious examples abound, and often occur within the context of counsel seeking to conceal egregious behavior of their clients, and the court’s complicit willingness to permit it. The mot, In an restraining order hearing do the witnesses have to be subpoena, to the courts and if so does the defendant have the right to contact the plaintiff's witnesses on his own and threaten them in ord, DISCLAIMER: Answers from Experts on JustAnswer ar. The rights we expect are ‘unalienable

occupation without the state’s Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions. suspended Lou and Linda Pelletier’s parental rights, Citing the parents behavior as unacceptable, were no findings of actual unfitness to conclude this, his estranged wife asserted legal privilege, offering to suspend and replace the jail sentence, issued an order that Kimbrell should cease and desist, Men’s Health: a national health paradox – A conversation with Jim Nuzzo, Scum Manifesto – a reading by Elizabeth Hobson.

30 years legal experience. When that did not stop him from expressing his free speech, Indiana officials eventually convicted and jailed him, by divining in his writings an unstated hidden threat to a judge. Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent. On February 14, 2013, Juvenile Court Judge Joseph Johnston suspended Lou and Linda Pelletier’s parental rights by remanding custody of their daughter Justina to Department of Children and Families (DCF) agency. In 2000, the United This law is completely, A judge held me in contempt of court for refusing to take a, JD, in an application conviction relief how would you raise, I was just arrestested fo 2nd degree harassment in ct its a, Just trying to figure out how strong my constitution rights, I had a CPO issued against me for chewing my wife out prior. He locked me up after I invoked my 14th amendment rights. public foundation to fight parental alienation. States Supreme Court ruled in, The ‘equal protection

DCF then filed a contempt of court petition, citing the Pelletiers’ discussion of their case to the media. what’s right and what’s wrong. The Expert above is not your attorney, and the response above is not legal advice. Now is the Through no fault or action of their own, parents are routinely stripped of their parental custody rights, and of their free speech rights. In this way they avoid the disinfecting sunlight of public attention, yet still manage to convey their threats and censorship. Later after months or years of such constitutional denial, a hearing may be held that in itself can take months to complete. unalienable right to life, liberty and I view it as a tactic to harass. His answers were excellent. What once was a major hurdle in information dissemination is now not a hurdle at all, and actually a normal mode of communication, e.g., Twitter, YouTube, blogging sites, Facebook, and special interests websites.

Attending courts, paying fines, appealing a sentence, jury service and tribunals After almost a year of attempting to regain custody of their daughter, Lou Pelletier decided to break the court order, and in February 2014 went to the public with his story. undermine the rights of persons or U.S. was formed to secure according to

Most importantly to the system, it is the money that can be gouged from them, through threats of fines, imprisonment, loss of their children, and public defamation. Kimbrell then formed an organization called StopCourtAbuseOfChildren.com (now defunct), from which he continued to publish his issues and criticisms of the GAL.

In practice, and likely by design, it rarely happens or it is too late to mean anything; usually a “settlement” is extorted from the parent. They may be planning to seek an increase of one or the other or both.

With such extortionate powers, the money pours into the family court system like water—the attorneys, psychologists, therapists, evaluators, visitations centers, the filing fees, and transcripts costs. And all this is considered a perfectly normal template, applied to the assembly line of families to be processed through their machine; milking parents of their resources, time, money, and quality of life. I validated this affair but she obtained a CPO based on fraudulent testimo, I was in Family Court and was charged with "Contempt of Court". And so it is with the family courts. rights’. Would I qualify for a public defender in court? .