The Law, as written, empowers Judges to protect children from parental alienation. They have the tools at their disposal to determine the presence of abuse.
The legal profession and the psychological profession are failing to protect children from a foreseeable harm, by ignoring the dynamics of power and control and the presence of Domestic Violence. The Courts who are responsible for managing the conflict and are beholden on the Psychological professionals and forensic evaluators to understand the conflict. The law empowers Judges to also obtain information about the conflict through other methods, such as GuardianAd Litems, Parenting Coordinators, and Court Appointed Special Advocates.
We believe that if we “take the high road” and “do the right thing” by other family members, that the Justice system will recognize that when considering motions and making rulings. We believe we will be able to get a fair outcome as good parents, and that we will be allowed to provide for and protect our children.
If we are present in our kids’ lives, contributing and working to balance many challenges, we should be recognized for our value, and supported in our roles.
We believe that the professionals will factor in the evidence and truth of our lives, and use everything in their power – within what our laws allow – to help us help our children.
Large numbers of fathers have found that NOT to be the case.
We believe that if we “take the high road” and “do the right thing” by other family members, that the Justice system will recognize that when considering motions and making rulings. We believe we will be able to get a fair outcome as good parents, and that we will be allowed to provide for and protect our children.
If we are present in our kids’ lives, contributing and working to balance many challenges, we should be recognized for our value, and supported in our roles.
We believe that the professionals will factor in the evidence and truth of our lives, and use everything in their power – within what our laws allow – to help us help our children.
Large numbers of fathers have found that NOT to be the case.
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by: Marcia Hamilton
This page is for all the kids out there that are being kept from one of the parents due to Parental Alienation. Please share with people the severity of… READ MORE http://www.facebook.com/ParentalAlienationMiamiFlorida
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This 1 case will give you all the necessary cases to beat DCF on TPR cases in Florida.
Other states, possibly because this case list constitutional law and federal law. Although this mother lost her parental rights because of “clear and convincing evidence” of abandonment, our 5th DCA gave everyone in Florida an opinion so detailed with any case to support your argument against TPR that everyone should send the 5th DCA letters of thank you.
Anyone dealing with TPR need to read this case and get out the necessary cases they need to fight DCA. Every state should be interested in this case.
Kingsley v. Kingsley, 623 so. 2d 780 18 fla: district court of appeals, 5th district, 1993-google scholar
On occasion a trial court may abuse its discretion with respect to rulings on family law cases so as to warrant an immediate review by a higher court. This process is called a writ of mandamus against the trial court judge making the incorrect ruling or abuse of discretion.
To be entitled to the extraordinary relief of a writ of mandamus, the relator must show that the trial court clearly abused its discretion and he has no adequate remedy by appeal. In re Team Rocket, L.P., 256 S.W.3d 257, 259 (Tex. 2008) (orig. proceeding). A trial court clearly abuses its discretion if it reaches a decision so arbitrary and unreasonable as to amount to a clear and prejudicial error of law. Walker v. Packer, 827 S.W.2d 833, 839 (Tex. 1992) (orig. proceeding). In determining whether the trial court abused its discretion in the resolution of factual matters, the court of appeals may not substitute its judgment for that of the trial court and may not disturb the trial court’s decision unless it is shown to be arbitrary and unreasonable. In re Sanders, 153 S.W.3d 54, 56 (Tex. 2004) (orig. proceeding) (per curiam). Therefore, the relator must establish that the trial court could have reached only one decision. Walker, 827 S.W.2d at 840. An abuse of discretion does not exist if the trial court bases its decision on conflicting evidence and some evidence supports the trial court’s decision. IKB Indus. (Nigeria) Ltd. v. Pro‑Line Corp., 938 S.W.2d 440, 445 (Tex. 1997); Ruiz v. Conoco, Inc., 868 S.W.2d 752, 758 (Tex. 1993).
Appellate courts do not generally overrule trial court rulings, especially when conflicting evidence are submitted by opposing parties. Such was the case in the recent ruling by the 14th Court of Appeals last February in the case of In Re John W. Small who asked the higher court to compel the presiding judge of County Court at Law No. 1 of Galveston County, to set aside her October 31, 2008 order finding relator in contempt for failing to pay court-ordered temporary spousal support to real party in interest, Murriah S. McMaster, and to to reverse her November 1, 2005 order awarding temporary spousal support to McMaster. Because the trial court did not abuse its discretion, writ of mandamus was denied.
OMG! I have found the mother load of all cases. This 1 case will give you all the necessary cases to beat DCF on TPR cases in florida. Other states, possibly because this case list constitutional law and federal law. Although this mother lost her parental rights because of “clear and convincing evidence” of abandonment, our 5th dca gave everyone in florida an opinion so detailed with any case to support your argument against TPR that everyone should send the 5th dca letters of thank you. Anyone dealing with TPR need to read this case and get out the necessary cases they need to fight DCA. Every state should be interested in this case.
Kingsley v. Kingsley, 623 so. 2d 780 18 fla: district court of appeals, 5th district, 1993-google scholar
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Bock: Budget Cuts Won’t Trim Domestic Violence Services
Children's Rights 