"The man as he converses is the lover; silent, he is the husband." ~ Honore de Balzac

Sunday

How the legal system often ignores the constitutional rights of parents

How the legal system often ignores the constitutional rights of parents

At Above the Law, Sam Wright notes that family law bureaucrats and judges routinely ignore the constitutional rights of parents in making decisions on…
WASHINGTONPOST.COM
In a recent post on the notorious Maryland case where authorities have repeatedly detained two children in order to force the Meitiv family to stop them from walking home alone, I noted that the parents have the Constitution and Supreme Court precedent on their side. At Above the Law, experienced public interest lawyer Sam Wright agrees that the parents have the Constitution on their side, but cautions that bureaucrats and lower court judges routinely ignore such petty issues as constitutional rights when it comes to enforcing the their conceptions of “the best interests of the child”:
Over at the Volokh Conspiracy, law professor Ilya Somin notes that the application of child welfare laws is subject to some (seemingly) robust constitutional constraints: there’s case law providing that the Fourteenth Amendment protects the rights of parents to raise their children as they see fit and that it also, in the words of Justice O’Connor’s plurality opinion in Troxel v. Granville, creates a “presumption that fit parents act in the best interests of their children.”


But the reality facing most parents in court is that that “presumption” isn’t actually a thing. Take the experience documented in a well-publicized essay on Salon last year: the author left her four-year-old unattended in a car for a few minutes on a mild day, the police were called, she found herself charged with a crime…. [Her lawyer] warned her that “juvenile courts are notorious for erring on the side of protecting the child” and suggested that fighting the case might lead her to lose her child. Faced with that possibility she, of course, folded. Anyone would…
And that’s been my experience as an advocate too. When I worked for a legal aid organization, one of my tasks was to represent parents in child welfare proceedings. No one in those sad, sequestered courtrooms cited Supreme Court cases; everyone just argued over what was in the best interest of the child….
So parents, be cautious: yes, there’s Supreme Court precedent on your side, but if you find yourself in court then the system’s conception of the “best interests of the child” will likely overrule yours.
Wright also notes that vaguely worded child welfare statutes give bureaucrats wide discretion that they sometimes exert in ways that punish perfectly reasonable and safe parenting practices, a problem I wrote about in this 2012 post.
Wright’s note of caution is well-taken. When I wrote that the Maryland situation “should be a relatively easy case,” I meant that applicable precedent clearly supports the parents, and that they should ultimately prevail if the constitutional issue is raised and courts take Supreme Court precedent seriously. However, achieving such a victory against determined bureaucrats could require prolonged and costly litigation. Sometimes, seemingly novel constitutional issues won’t be taken seriously until a case reaches the appellate level, where judges are more used to addressing constitutional questions. Many parents understandably lack the time, resources, and emotional stamina for a lengthy legal battle. And even a small risk of defeat might be unacceptable if it could mean losing custody of your children or suffering continued official harassment. I don’t blame parents who decide that such a fight isn’t worth it. The purpose of my earlier post was to analyze the relevant constitutional issue, not give advice to parents facing a potentially difficult legal battle with child welfare bureaucrats.
At the same time, it is important to recognize that, in the cases Wright cites, the constitutional issue mostly wasn’t even raised, much less decided. Anxious parents generally give in without putting up a fight. If the issue were raised in a sufficiently egregious case, and effectively pursued by determined parents with strong legal representation, the chances of ultimate victory might well be good. And such a victory could create an important precedent that helps deter similar official misconduct in the future, especially if the government agency is forced to pay damages as well as cease its harassment of the parents.
The Meitiv family appears to be determined, the facts are on their side, and they have excellent pro bono representation from Wiley Rein, one of the top law firms in the Washington, DC area. In addition, public opinion seems to be on their side, as well, at least if media coverage and reactions in the blogosphere are at all indicative (I have not seen any scientific public opinion polls on the subject). It’s possible that the case will be settled, or even that the government will choose to give in rather than risk a precedent-setting defeat. But if that doesn’t happen, the case could potentially set an important precedent protecting parents in the future.
If they do end up setting a valuable precedent, the Meitivs will have undergone a prolonged ordeal most of the benefits of which would accrue to other families rather than their own. Sadly, this sort of scenario is typical of many important constitutional cases. The people directly involved often endure considerable expense and suffering, whereas the benefits of setting a precedent accrue to the rest of us. Consider, for example, the pain endured by many of the parents and children involved in school desegregation cases, or the traumatic experience of the property owners in the Kelo case (which ended in defeat, but resulted in valuable gains for property rights nonetheless).
Such unfairness may sometimes be an unavoidable aspect of the legal system. But we should at least recognize and honor those who make sacrifices to ensure that important constitutional rights get the protection they deserve.
Ilya Somin is Professor of Law at George Mason University. His research focuses on constitutional law, property law, and popular political participation. He is the author of "The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain" and "Democracy and Political Ignorance: Why Smaller Government is Smarter."

Good Dads Honor Moms: The Best Mother's Day Ever | Fathers

When Law Enforcement Won’t Do Their Job

           According to a Court Ordered Parenting Agreement my son’s father and I are to alternate holiday’s. It also states that at all times, both myself and the father are supposed to let the other know where they are residing, well I have NO CLUE where they live, because My son’s father was evicted (for the second time in a year) while our son was with me during Spring Break.

Shared Parenting

Parents are presumed equal during the marriage. What changed in the equality equation once the marriage ends? Children need and want both parents in their lives, not as visitors, but as active and equal participants. That’s why shared parenting is best for children.  ~~  Read more HERE

A very interesting piece just published by 'Researching Reform'::
I've just posted the following comment:
I should be astonished if there's not a strong causal link between the state's assaults on the nuclear family, and the increasing incidence of mental health problem in children and young adults. Assaulting the nuclear family and financing the lifestyle option of single motherhood have been the default policy directions of successive governments for 30+ years, and accelerated under the Labour administrations (1997-2010) due to the nefarious activities of Harriet Harman and her like.  ~~  Read more… 42 more words

SUPPORT OUR CAUSEChildren’s Rights

How the court system failed me- and my daughter.

Click to visit the original post
I'm about to do something I've never done before. I'm about to give someone, who desperately needs it, a verbal ass-whoopin' right here- publicly- online. Who shall be the target of my tongue beating? My ex-husband, and father of my 12-year-old daughter. The Flaming Liberal Deadbeat Douchebag.
For 10 years, as a single mother, I raised our daughter, full-time. For over 8 of those 10 years, my daughter didn't receive a cent from her father in child support.

WHY IS THIS A CRITICAL ISSUE?

Women approve of shared parenting.

I was delighted to find this initiative on-line: “Leading women for shared parenting” as made known to me by QV, to whom I am grateful and with her permission credit most of the following to.
http://lw4sp.org/about/whyastatement/
“A growing number of children are being raised without the benefit of meaningful engagement with both parents. As contemporary research conclusively demonstrates, a child who effectively loses one of his or her parents through a custody decision, usually the father, is a child at risk for a number of negative personal and social outcomes."
In a recent post on the notorious Maryland case where authorities have repeatedly detained two children in order to...
Posted by Childrens Rights Florida on Sunday, October 18, 2015

5 comments:

  1. Children need both parents after a divorce in every country on earth women who honor this statement deserve to be honored and treated with respect .

    ReplyDelete
    Replies
    1. "Normal parents can put the needs of their children first. They know that demeaning and demonizing their partner harms the children and however they may feel about their they do not want to harm their children. The problem of brainwashing children arises when one or other parent or both put their needs first and use the children as weapons against each other. These are the adults who have personality disorders that go unrecognized in court. There both parents are given an equal hearing the problem occurs when one parent lies and cheats under oath, manipulates the judiciary and everyone in the case while the normal parent looks on in horror. Women will always be given the benefit of the doubt over men especially by men which is why so many men loose their children. The training of so called experts in the universities and in workshops has been in the hands of radical feminists for the last forty years as a result there is no level playing field between parents any longer. All I can say that I have seen children deprived of a loving parent reconnect after years of demonizing that parent. For other parents they have to live with the injustice for the rest of their lives their child or children are to damaged to ever know the truth." ~ Erin Pizzey's comment on: https://www.causes.com/causes/409526/updates/791783
      Website http://erinpizzey.com
      #familycourt #familylaw #familylawattorney #familylawlawyer #familycourtinjustice #pas #alienation #parentalalienation #erinpizzey #childrensrights #fathersrights

      Delete
    2. Dear Friends,

      One in six Americans know someone who has been falsely accused of domestic violence. The silver bullets in divorce, false allegations are sometimes used to obtain child custody. This despicable act removes fit and loving parents from the lives of their children.

      Please take a moment, as soon as possible, and speak out for the millions of children who are missing a falsely accused parent. And do it for the parents who are grieving for their children, stolen with a lie.

      Find your senators here:
      http://www.senate.gov/general/contact_information/senators_cfm.cfm

      Take note of their party affiliation and phone number.

      If your senator is a Republican, call, and ask them to support Sen. Grassley's Substitute Amendment to VAWA.

      If your senator is a Democrat, call, and ask them to demand changes to Sen. Leahy's VAWA (S. 1925), to curb false allegations of domestic violence.

      Do it For the Children, Stolen with a Lie

      Thank you for taking a stand for affected families everywhere.

      Delete
  2. Children's Bill of Rights

    WHEN PARENTS ARE NOT TOGETHER

    Every kid has rights, particularly when mom and dad are splitting up. Below are some things parents shouldn't forget -- and kids shouldn't let them -- when the family is in the midst of a break-up.

    You have the right to love both your parents. You also have the right to be loved by both of them. That means you shouldn't feel guilty about wanting to see your dad or your mom at any time. It's important for you to have both parents in your life, particularly during difficult times such as a break-up of your parents.

    You do not have to choose one parent over the other. If you have an opinion about which parent you want to live with, let it be known. But nobody can force you to make that choice. If your parents can't work it out, a judge may make the decision for them.

    You're entitled to all the feelings you're having. Don't be embarrassed by what you're feeling. It is scary when your parents break up, and you're allowed to be scared. Or angry. Or sad. Or whatever.

    You have the right to be in a safe environment. This means that nobody is allowed to put you in danger, either physically or emotionally. If one of your parents is hurting you, tell someone -- either your other parent or a trusted adult like a teacher.

    You don't belong in the middle of your parents' break-up. Sometimes your parents may get so caught up in their own problems that they forget that you're just a kid, and that you can't handle their adult worries. If they start putting you in the middle of their dispute, remind them that it's their fight, not yours.

    Grandparents, aunts, uncles and cousins are still part of your life. Even if you're living with one parent, you can still see relatives on your other parent's side. You'll always be a part of their lives, even if your parents aren't together anymore.

    You have the right to be a child. Kids shouldn't worry about adult problems. Concentrate on your school work, your friends, activities, etc. Your mom and dad just need your love. They can handle the rest.

    IT IS NOT YOUR FAULT AND DON'T BLAME YOURSELF.

    ----Special Concerns of Children Committee, March, 1998

    "Children's Bill of Rights" is a publication of the American Academy of Matrimonial Lawyers. © 1997 - 2001. All rights reserved. "Children's Bill of Rights" may be reproduced under the following conditions:

    It must be reproduced in its entirety with no additions or deletions, including the AAML copyright notice. It must be distributed free of charge. The AAML reserves the right to limit or deny the right of reproduction in its sole discretion.

    © 2013 AAML Florida. 3046 Hawks Glen Tallahassee, FL 32312 | 850-668-0614

    The hiring of a lawyer is an important decision that should not be based solely on advertisements. Before you decide, ask the attorney to send you free written information about their qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
    http://www.aamlflorida.org/index.cfm?fuseaction=pages.tentips

    ReplyDelete
  3. HOW DID CHILDREN OF DIVORCE GET STUCK WITH THE VISITATION PLAN THAT AFFORDS THEM ACCESS TO THEIR NON-RESIDENTIAL PARENT ONLY ONE NIGHT DURING THE WEEK AND EVERY OTHER WEEK-END?

    What is the research that supports such a schedule? Where is the data that confirms that such a plan is in the best interest of the child?

    Well, reader, you can spend your time from now until eternity researching the literature, and YOU WILL NOT DISCOVER ANY SUPPORTING DATA for the typical visitation arrangement with the non-residential parent! The reality is that this arrangement is based solely on custom. And just like the short story, "The Lottery," in which the prizewinner is stoned to death, the message is that deeds and judgments are frequently arrived at based on nothing more than habit, fantasy, prejudice, and yes, on "junk science."

    This family therapist upholds the importance of both parents playing an active and substantial role in their children's lives----especially in situations when the parents are apart. In order to support the goal for each parent to provide a meaningfully and considerable involvement in the lives of their children, I affirm that the resolution to custody requires an arrangement for joint legal custody and physical custody that maximizes the time with the non-residential----with the optimal arrangement being 50-50, whenever practical. It is my professional opinion that the customary visitation arrangement for non-residential parents to visit every other weekend and one night during the week is not sufficient to maintain a consequential relationship with their children. Although I have heard matrimonial attorneys, children's attorneys, and judges assert that the child needs the consistency of the same residence, I deem this assumption to be nonsense. I cannot be convinced that the consistency with one's bed trumps consistency with a parent!

    Should the reader question how such an arrangement can be judiciously implemented which maximizes the child's time---even in a 50-50 arrangement----with the non-residential parent, I direct the reader to the book, Mom's House, Dads House, by the Isolina Ricci, PhD.

    Indeed, the research that we do have supports the serious consequences to children when the father, who is generally the non-residential parent, does not play a meaningful role in lives of his children. The book, Fatherneed, (2000) by Dr. Kyle Pruitt, summarizes the research at Yale University about the importance of fathers to their children. And another post on this page summarizes an extensive list of other research.

    Children of divorce or separation of their parents previously had each parent 100% of the time and obviously cannot have the same arrangement subsequent to their parents' separation. But it makes no sense to this family therapist that the result of parental separation is that the child is accorded only 20% time with one parent and 80% with the other. What rational person could possibly justify this?

    ReplyDelete

Why say NO to attorneys in the Legislature?

Why say NO to attorneys in the Legislature?
THE LARGEST CLASS ACTION IN HISTORY

Check it out!

Facebook.com/AmericanFathers

Causes.com/causes/804504-American-Fathers-4Change

"So live your life that the fear of death can never enter your heart. Trouble no one about their religion; respect others in their view, and demand that they respect yours. Love your life, perfect your life, beautify all things in your life. Seek to make your life long and its purpose in the service of your people. Prepare a noble death song for the day when you go over the great divide. Always give a word or a sign of salute when meeting or passing a friend, even a stranger, when in a lonely place. Show respect to all people and grovel to none. When you arise in the morning give thanks for the food and for the joy of living. If you see no reason for giving thanks, the fault lies only in yourself. Abuse no one and no thing, for abuse turns the wise ones to fools and robs the spirit of its vision. When it comes your time to die, be not like those whose hearts are filled with fear of death, so that when their time comes they weep and pray for a little more time to live their lives over again in a different way. Sing your death song and die like a hero going home." (Tecumseh).

American Fathers Liberation: ALL Men’s Rights are Human Rights. ’nuff said http://bit.ly/1JgMgEm

Posted by American Fathers Liberation Army on Tuesday, August 18, 2015

Freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed.

Labels

Abuse Administration for Children and Families Adversarial process Adversarial system Alimony American Association for Marriage and Family Therapy American Bar Association American Civil Liberties Union American Psychiatric Association Asbury Park Bad Judges Bad Lawyers Best interests Bill (law) Blogger (service) Broward County Carver County Chief judge Chief Justice John Marshall Child Child abuse Child and family services Child custody Child development Child protection Child Protective Services Child Support Child Support Agency Children Children's rights Circuit court Civil and political rights Civil Rights Class action Closed-circuit television camera Communications Decency Act Constitutional right Contact (law) Contempt of court Coparenting Court Contact Denial Court Corruption Court order Dads Daughters Declaratory judgment Diagnostic and Statistical Manual of Mental Disorders Divorce Domestic Disturbance Domestic Violence Due process Elections 2016 Equal opportunity Equal Protection Clause Equal Rights Amendment Equal Shared Parenting Erin Pizzey Event Facebook Facebook Page False accusation False Allegations of DV Falsifiability Family (biology) Family court Family Court Contact Denial Family law Family Law Reform Family therapy Father fatherhood Fathers Fathers 4 Justice Fathers' Rights Fathers' rights movement Fathers4Justice Federal Bureau of Investigation Federal Trade Commission Feminism Florida Florida Attorney General Florida Circuit Courts Florida Department of Children and Families Florida Department of Health florida lawyers Florida Senate Foster care Fourteenth Amendment to the United States Constitution Fraud Fundamental rights Gender equality Good Family Law Lawyers Good Judge Government And Politics Healthy Children Human rights Human Rights And Civil Liberties Joaquin Sapien Joint Custody Joint custody (United States) Judge Judge Judy Judicial Accountability Judicial misconduct Judicial Reform Judiciary Law Law And Order Lawyer Legal abuse Legal Abuse Trauma Legal Abuse Trauma/Syndrome Legal Proceedings liberty and the pursuit of happiness Life Linda Gottlieb Mark Castillo Marriage Men's rights movement Mental disorder Miami Miami-Dade County Minnesota Mother Murder of Nubia Barahona National Fatherhood Initiative National Organization for Women Natural and legal rights New York City courts Non-Custodial Parent Non-governmental organization Noncustodial parent Pam Bondi Parent Parental Alienation Parental alienation syndrome Parental Rights Parenting Parenting Differences Parenting time Parents' rights movement Phyllis Schlafly Physical Custody Political Issues Posttraumatic stress disorder Pro se legal representation in the United States Pushing for reform in the equality between men's and women's rights Pushing for reform in the equality between men's and women's rights. Race And Ethnicity Restraining order Richard A. Gardner Rick Scott Self Representation Separation Of Powers Shared parenting Single parent Social Affairs Social Issues South Florida State court (United States) Supreme Court of Florida Supreme Court of the United States The Florida Bar The Huffington Post The Kids Title IV Trial court Troxel v. Granville Turner v. Rogers United States United States Constitution United States Department of Justice Visitation Disputes

Freedom of speech in the United States

Freedom of speech in the United States
Congress shall make no law...

The BEST Parent is BOTH Parents!

Dads Matter - 2016 Family Law Reform

Parent and Child Contact Denial is Child Abuse

Civil Rights in Family Law

COURT ORDERED CHILD ABUSE

American Fathers

The “Best interest of the child” (BIOC) policy or doctrine is clearly unconstitutional.

Contact Denial is Child Abuse

South FL Family Law Reform

Follow Us on Pinterest

Contact Denial = Child Abuse