WHEN are WE as AMERICANS going to STAND UP

…and no longer allow Family Courts to “Courtnap” a child for one parent;Parental Alienation - 2016

Or allow CPS to kidnap and murder our children?

Why is it so important we reform Family Law?

The Pink Slip Project - 2016

Why these problems constitute a sophisticated form of Racketeering, something a friend of mine recently named the “cartel of Family Courts”?florida-families-united-childrens-rights-florida-2017-8-1024

votefamily-us-2015112Over twenty people testified of the complete dysfunction of our family courts in Miami and all across the state of Florida:  https://vimeo.com/channels/878408.

LRSP Public Meeting Miami-Dade February 23, 2015 — from The Florida Courts 

+ More details

family-court-needs-to-change-2016

A corruption that is killing our children here and around the world:

CORRUPTION

Here in Florida, the number of children who have died under the mafia of the Family Court system is increasing at an alarming rate. Count went from 490 to 533 (+6 in a matter of days) in only a few months:

Thank you Miami Herald for standing up for our children.

We must unite to put an end to this madness.
If you are tired of seeing innocent children die under the care of the family court system, help us Raise Hell, and stand up for them.
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Broken Family Court System

Broken Fathers - 2015A Broken Family Court System:
‘What are You Prepared to do?’

Ignorance is bliss in some scenarios, and as a father having been involved in a contentious divorce and custody ordeal it was a luxury I found myself longing for at times. Facing a situation where one’s back is against the wall, in a court environment overtly hostile towards those who represent themselves, as a pro se litigant is a place parents should venture with extreme caution. In my situation it came to a point where in keeping up with my own case at times I began to become curious and observe what I knew to be odd behavior and activity within the court and its players.

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Broward Sheriff’s Office Child Protective Investigations Section is in a state of crisis.

Contact Florida Governor Rick Scott - 2016Broward sheriff’s child protection unit now ‘a shamble,’ former employee says

Investigators say children’s safety at risk

FORT LAUDERDALE, Fla.Broward County is No. 1 in a category nobody wants to win, topping the state in the number of reported child abuse cases. With more than 15,000 cases a year, serious allegations are being made against the agency that handles those abuse complaints — the Broward Sheriff’s Office Child Protective Investigations Section, or CPIS, which many past and present investigators said is in a state of crisis.

“Absolutely children’s safety is at risk,”

…said one veteran investigator who recently left CPIS.

Christina Bullins, an agent for the International Union of Police Associations, which represents CPIS employees, said the union has heard complaints from about 50 investigators in the unit, starting with what she said are their staggering workloads. National standards for child protection investigators call for 12 cases at a time, but BSO records supplied to the union show that many of the BSO investigators are working double and triple that number, with three investigators working more than 40 cases each.

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Maximizing the time each parent spends with the child

This is Family Justice! | World4Justice : NOW! Lobby Forum.

It’s time to stand up and be counted. Just look around you. There is an enhanced appreciation for the vital role both parents play in rearing healthy, happy, well – adjusted children. It makes good sense for our Family Courts in accounting for our children’s needs to consider also any benefits associated with the maximizing the time each parent spends with the child, as well as the detriment of limiting the child’s time with either parent. Until we stop reducing the richly textured experience of parenting children to fights about time, we won’t recognize the variety of ways in which unique and meaningful parent – child relationships can be maximized in shared parenting, not just in a two week rotating schedule, but over a lifetime.

Whatever the court setting, whether it is regarding divorce, child custody, parental support, probate matters, personal injury, property disputes, legal or medical malpractice, criminal charges, or other deeply personal issues, the frauds put forth in our courts add greatly to the trauma. When litigants are unable to get fair resolution to their issues, when the court dysfunction further adds to the litigant’s burden, when no amount of actual case law compels an equitable outcome, litigants suffer often disabling levels of stress.

When further attempts to achieve redress fail, litigants display the hallmark signs of Legal Abuse Syndrome (LAS).  *The concept of Legal Abuse Syndrome was brought to the attention of this writer by investigative journalist Michael Volpe, who’s completing a book on the life and suicide of ones of its victims. The book’s pre-publication title is Bullied to Death: The Chris Mackney Story. (Dr. Huffer, incidentally, invites reports of cases like this one on her website’s Contact page.)

Parental Alienation Syndrome – This Father’s Struggle.

ALL JUDGES HAVE THE SAME LAST NAME  —  “GOD.”

Time to stop absolute discretion and immunity for Family Court Judges. They operate above the very laws they seek to enforce. They sit in judgement of families with no checks and balances. This legal loophole has been used as a means by corrupt Judges and Attorneys. No one should be beyond the laws that all other citizens of the society live by.   So……..Stand up for Zoraya Logo 2- 2016

STOP Court’s DENIAL of REASONABLE Parent/Child CONTACT

Stop Court Ordered Parental Alienation and Judicial Misconduct

FLORIDA! STOP VIOLATING PARENT’S RIGHTS/STOP ALIENATING PARENTS FROM
THEIR CHILDREN! FLORIDA CASES OF DENIAL OF CONTACT OF “FIT” PARENTS SIMILAR TO THIS CAUSE’S CASE.: CAUSES.COM – FLORIDA! STOP VIOLATING PARENT’S RIGHTS/STOP ALIENATING PARENTS FROM THEIR CHILDREN!

”This crime of parental alienation at the hands of our court system…

 

Child custody and visitation; the relationship continues

Who is going to have custody of children when the couple separate or divorce? This decision has to be made along with, how the children will be taken care of and the visitation, the how of each parent spending time with the children. Relationships cause connectedness and there are orders to abide by. There are two types of custody orders.

There is Legal custody. The parent who has the custody will be important decision maker about thechild’s health care, doctor, dentist, orthodontist, psychiatric, mental health counseling, therapy,educationreligious activities or institutions, welfare, school, childcare, sports,summer camp, vacation, or extracurricular activitiestravel, and place of residence.
There is also physical custody, ordering with whom the child will live. In joint custody the child can live with both. Under sole or primary custody the child will live with one parent much of the time and visits the other parent usually. There are cases of judges allowing parents joint legal custody and not joint physical custody, both parents share the responsibility in important decision making and the child lives with one parent and the other receives visitation right.

There is visitation plan to prevent and reduce confusion, anger and further conflict. Under supervised visitation, when the child’s safety and well-being is at issue or if the child and the other parent would need gradual exposure, it is supervised by custodial parent, an adult, a professional agency or a mental health counselor. There is also a “no visitation” rule about that, even if with supervision, physical and/or emotional welfare of the child can be jeopardized. When visitation, custody or time share plan is drawn the above issues are clarified.

There are visitation guidelines, also known as time-share. Here a plan is set about how the both parents will share the time with the children. Either one (sole custody) or both parents (called shared custody) can have custody. Under normal circumstances, the judge consorts about arrangements with the parents and reaches a final decision about custody and visitation. If there is disagreement between the parents the judge will make that decision at a hearing. There is usually a mediator about custody and visitation. The family court services provide the mediator for the parents to reconcile.

Custody and visitation is decided considering the best interest of the child’s health, safety and wellbeing. Here history of abuse by either or both parents is considered.parental-rights

The Five Methods Of Establishing Paternity In Florida

In Florida, there are five ways to establish paternity. The first is marriage. If the mother and father are married to one another at the time of the child’s birth, paternity is automatically established. The second method, as will be discussed at length below, is through an Acknowledgement of Paternity form. This method involves the signing of a legal document, whether in the hospital at the time of the child’s birth, or later on. The third method is an administrative order based on genetic testing. Genetic testing is done through DNA testing, and involves a comparison of the DNA of the mother, alleged father, and child. The fourth method is court-ordered paternity by a judge. Finally, there is the method of legitimation. Legitimation occurs when the mother and natural father get married to one another after the child is born, and then formally update the child’s birth record.PAAO - Fam Crt

The State Statute Governing Paternity in Florida

Paternity laws are covered in Florida statute 742.10. As shown by the existence of five different ways of establishing paternity in Florida, a distinction is made by whether the child was born in or out of wedlock. This distinction has bearing on whether a father is biological father, legal father, or both.

A father is both the legal and biological father is he was married to the child’s mother at the time of the child’s birth. If, however, the child was born out of wedlock, a biological father will have to take formal legal steps to become the child’s legal father. This process is relatively easy if the father and mother are on good terms, and have a mutual desire for one another to visit and develop a parental relationship with the child, support the child’s financial, educational, and health needs, and participate in the child’s upbringing. In such cases, the Acknowledgement of Paternity is voluntary, and not at risk of cancellation by either party.I am dad - 2015

Acknowledgement of Paternity Alone Does Not Grant Custody Rights

Fathers often think the Acknowledgement of Paternity form grants more rights than it really does. This is understandable, given the language of rights, responsibilities and duties on the form. However, legal establishment of paternity does not guarantee actual custody rights, such as time-sharing or making decisions regarding the child’s education and upbringing. These rights must be granted by a court. Absent court-ordered time sharing and parental responsibility rights, a father, in reality, possesses only limited rights. Notice is one such right, meaning a father with legally established paternity rights is entitled to notification in the event the mother chooses to put the child up for adoption. Additionally, such notice provides a father with paternity an opportunity to obtain custody rights. Lastly, just as an Acknowledge of Paternity does grant some limited rights, it also restricts rights. For example, by acknowledging paternity, a father, absent fraud or duress, will almost certainly be prohibited from later calling paternity into question by requesting a DNA test.

causes.com/campaigns/44303-get-the-news-media-attention-on-family-law-reform

causes.com/campaigns/44303-get-the-news-media-attention-on-family-law-reform

The Putative Father Registry May Afford An Opportunity To Assert Custody Rights

For fathers seeking custody in lieu of the mother putting the child up for adoption, the Putative Father Registry is one option. Putative means “generally considered or reputed to be.” The purpose of the registry to allow a man contending to be the unmarried biological father of a child to preserve his right of notice and consent in the event of an adoption. As with the Acknowledgement of Paternity, registration is time-sensitive. While a claim of paternity may be filed at any time before the child’s birth, a claim may not be filed after a petition for termination of parental rights is filed.

Lawson E. Thomas Courthouse Center 175 NW First Avenue Miami, Florida 33128

Lawson E. Thomas Courthouse Center 175 NW First Avenue Miami, Florida 33128

Full Responsibilities Even When There Are Only Limited Rights

Though an Acknowledgement of Paternity creates only limited rights, it does create serious responsibilities. By signing the form and assuming legal responsibility for a child, a father becomes liable for providing financial support for the child.

Filing a Petition for Paternity Is The Only Way To Obtain Legal Custody and Decision-Making Rights If the Mother and Father Were Unmarried At the Time of The Child’s Birth

To obtain more than the limited rights created by an Acknowledgement of Paternity or registration with the Putative Father Registry, a father must file a Petition for Paternity. Admittedly, this is confusing; why, after all, would one need to petition forpaternity and child supportpaternity after acknowledging it? Nonetheless, the petition must be filed. In doing so, one requests that the court grant the father decision-making and time-sharing rights. Absent such a grant of rights, the child’s mother possesses all rights concerning parental responsibility and custody. All this is to say that an Acknowledgement of Paternity merely establishes the presumption that the man who signed the child’s birth certificate is the father of the child. It is the Petition for Paternity that confirms the presumption and actually creates the father’s parental rights.

There Are Numerous Benefits To A Successful Petition for Paternity

A successful petition for paternity grants a father several significant rights. By granting parental responsibility rights, the court gives a father the right to participate in decision-making concerning the child’s education and healthcare. Secondly, a successful paternity action mandates a time-sharing arrangement, thereby allowing a father to spend time with the child. Third, a successful paternity action has bearing on child support, allowing for modifications based on the amount of time the child spends at the father’s home. Finally, a successful Petition for Paternity has long-term ramifications, as it safeguards the child’s inheritance and Social Security rights with regard to the father.c15ad-nc2bparents2btreated2bunfairly

Disadvantages To Not Filing A Petition For Paternity

Absent the creation of time-sharing and decision-making rights via a Petition for Paternity, it is possible that the child’s mother may decide to move the child outside the state of Florida. Obviously, this scenario poses serious problems for a Florida-based father wishing to enjoy custody and responsibility-related rights. Additionally, a father without court-established parental rights will be unable to legally cause the mother and child to return to the state. For fathers who have established rights through a Petition for Paternity, however, the mother must seek written permission or a court order authorizing out-of-state relocation of a child.iINGUANZO V. ROSE - CAUSES 2015

Sometimes a court-ordered DNA Test Is Required To Identify A Child’s Biological Father

When the relationship between an unwed mother and father of a child ends, it is sometimes the first time that the father is forced to consider the need to legally establish paternity. Other times, there was little or no relationship to begin with. In these instances, especially the latter, a court-ordered DNA test may be required to legally identify the child’s biological father. A DNA test is a scientific, genetic test used to determine whether or not a man is the child’s father. It is a common misconception that a DNA test requires needles or blood. Because DNA exists in literally every cell in the body, skin cells are sufficient. For a DNA test, a swab is used to collect cells from inside the cheek area near the mouth. The process is completely painless. For a DNA test to establish paternity, the alleged father, mother, and child are scheduled for testing. At the testing site, identification must be provided. Acceptable forms of ID include picture identification, such as a driver’s license or passport, as well as a Social Security card or birth certificate. All three parties – mother, father, and child – provide DNA samples, and also have their pictures taken. The DNA samples and photos are then sent to a genetic testing laboratory. There, the cells are all compared. It is this comparison that determines whether the alleged father is indeed the child’s biological father. The test results are then mailed to mother and alleged father.

¿Por qué decir NO a que abogados sean elegidos en la Legislatura? Mire explicacion.post cardespanol03b

¿Por qué decir NO a que abogados sean elegidos en la Legislatura? Mire explicacion.post cardespanol03b

In The Event You Learn Later That You Are Not In Fact the Child’s Biological Father

In Florida, it is possible for a man who later discovers that he is not a child’s biological father to nonetheless still be responsible for providing child support. This is because, with regard to family law issues, courts make decisions in the best interests of the child rather than the father. However, Florida law does provide a mechanism by which one can challenge a prior determination of legal paternity. The procedure is known as a Disestablishment of Paternity. If successful, the procedure terminates all support obligations. Because of the procedure’s complexity, individuals confronted with this situation are advised to seek the counsel of one of our experienced Florida family law attorneys.c6205-200bluntwords

What To Do If You Are A Father Whose Name Does Not Appear On Your Child’s Birth Certificate

If you are a father whose name does not appear on your child’s birth certificate, you may want to consider taking steps to legally establish paternity. Doing so could father not on birth certificategreatly benefit your child. With paternity legally established, your child will be able to access information on your family medical history. This information may be of critical importance, given your family’s health history. Second, most obviously, your father will know who his or her father is. Even if you don’t have a custodial relationship with your child now or even in the near future, your child may very well wish to know your identity.
 
For historical reasons, it may be beneficial for both you and your child to have your name on your child’s birth certificate.   Legal paternity also allows your child to benefit from your ability to provide your child with health or life insurance. The same is true for more easily receiving child and medical support from you. In addition, the existence of formal paternity allows your child to receive Social Security or veteran’s benefits, as well as military allowances and inheritances.
 
Just as your child may benefit from a determination of paternity, the same is true for you. An Acknowledgement of Paternity gives you the right of notice – something that may be of critical importance if the child’s mother elects to put the child up for adoption. Of course, a Petition for Paternity goes beyond the birth certificate and allows for the creation of time-sharing and decision-making rights. With a successful Petition for Paternity, you will be able to get a child support order, a court order for visitation or custody, and contribute input concerning legal decisions affecting the child.

Post by @BoycottFamilyLw.

Family law needs to change - 2016Source: This is Family Justice! | World4Justice : NOW! Lobby Forum.

Dear 2016 Presidential Candidate, What’s causing the DCF deaths and the separation of our families?

DCF – CPS CHILDREN DEATHS DEPENDENCY & florida-judges-2015FAMILY COURTS

Dear 2016 Presidential Candidate,

Please help to stop the silent Holocaust caused by DCF nationwide. See recent example: Department of Children and Families visited Auburn foster home 3 days before toddler Avalena Conway-Coxon died in foster care 

We desperately need DCF CPS Family court Reform!

From VoteFamily.US:
Almost on a weekly basis two children are killed under the supervision of the Department of Children and Families (DCF) (last count 534+ in the last six years in Florida alone as per the Miami Herald
https://wethefamilies.wordpress.com/2013/08/25/12th-circuit-court-judge-janette-dunnigan-moition-to-disqualify/

 (miamiherald.com), and many more are taken away from parents even when this is not in the best interest of the children for mainly monetary reasons, see video.

What’s causing the DCF deaths and the separation of our families? One word summarizes it: GREED. DCF prefers to place children in foster homes or give them for adoption than to give them to family members because for every dollar it spends in foster homes, it receives three dollars from the federal government, a 200% return on investment (ROI) on top of monthly payments received for each foster child, and the bonuses received per adoption, all of which amounts to a highly sophisticated form of child trafficking as reported HERE similar to the Kids for Cash case in Pennsylvania, as described by the believed to have been murdered Senator Nancy Schaefer.

Don’t believe it? See testimony from Legal Aid attorney before Florida Supreme Court committee explaining how parents victims of domestic violence may lose custody of their children when they go before a judge for a restraining order seeking protection from their attackers and end up being separated from their children because “as a matter of law” they “have failed to protect their children from witnessing domestic violence:” YouTubeYouTube.

Take a look at three of these victims testifying at these hearings.

The second woman is Yarmila Castellanos, had her 3 day-old baby removed from her arms by DCF for no other reason than reporting domestic violence while her three other children were at home:

Unfortunately, these abuses cause great detrimental effects not only to the parents, but most importantly to the innocent children: YouTube.

And, one of the main targets of these gruesome acts are the disabled as per a recent investigation by the Department of Justiceada.gov doj child welfare.

dysfunctional-family-courts-2015

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Florida Family Law Reform 2016!

causes.com/causes/409526-children-s-rights

Parental Alienation Dynamics ·Support Judge Gorcyca - Parental Alienation is Child Abuse - 2016

Let no good deed go unpunished. With good intentions Judge Gorcyca acted in the best interest of children. Now that a judge has finally listened, we must stand and rally.

Pathogenic parenting is a child protection issue NOT a ‪#‎childcustody‬issue. When addressing ‪#‎PathogenicParenting‬, mistakes can and will be made attempting to do the right thing. Mistakes can be fixed. When it comes to a parent emotionally and psychologically abusing children through ‪#‎ParentalAlienation‬ and hostile aggressive parenting, “there is no right way to do the wrong thing.”

*********************ba768-divorce18 CL: If you are a parent that has to deal with lies that have been untested, interference by the custodial parent and a full campaign of hatred from your kids and the ex, you need to speak up on behalf of this judge.

We don’t just encourage you to read these posts, we encourage action. It is only by protecting the vulnerable judges who on occasion get it right and that do punish alienation can we send a message to the entire judicial bench that we are sick of it.

Please write on behalf of this judge showing she used her judicial independence to heal this family because of the toxic brainwashing of the mother. Her conduct might not sit well with the board but her decisions were in the best interests of the children to end the parental alienation and dispense of testimony that did not make sense from the brainwashed children.

Let the Michigan Supreme Court and Michigan Judicial Tenure Commission know that you ‪#‎supportGorcyca‬.

MSC, CHIEF OF STAFF
Larry S. Royster
(517) 373-0120

MSC, PUBLIC INFORMATION OFFICE
John Nevin, Communications Director
(517) 373-0129

MJTC
Phone: (313) 875-5110
Fax: (313) 875-5154
E-mail: judicialtenure@courts.mi.gov
Parent League

Family Law Reform - 2016

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Complaints of Judicial Misconduct Findings in Florida

The Harm Caused By Family Court System - 2016
You do have a say!purple-keyboard-a
My Advocate Center‘s photo —  CNN/YouTube presidential debates  Lawson E. Thomas Courthouse
Miami, FL, United States

‪#‎Vote‬ and use your voice to support those you believe will rule with integrity from the bench and not succumb to influence.

Fathers’ Claims Against Judges Over Child Custody Hearings Tossed

“Fraud On The Court By An Officer Of The Court” And “Disqualification Of Judges, State and Federal”

1. Who is an “officer of the court”?

2. What is “fraud on the court”?

3. What effect does an act of “fraud upon the court” have upon the court proceeding?

4. What causes the “Disqualification of Judges?”STOP ABSOLUTE DISCRETION OF FAMILY COURT JUDGES

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Child Custody for Fathers

i-am-dad-20152It has always been assume that that full custody would be given mostly to mothers but legally that is not the way it really works. Fathers have equal rights two having full custody of their children in the United States.

If you are a father who wants to get custody of your child you must prepare in the same way as if you were a mother.

The Family Court is WRONG!!You must prepare all documentation that shows all child support payments prior to your court hearing. You must prove that you are capable of providing for your child and that you are the best choice when it comes to your child.

In court always stay calm and refrain from any courtroom outburst. Your behavior can affect the outcome of your child custody dispute.

ce89b-i2bpromiseAs a father you must be able to demonstrate to the court Why you should have full custody of the child instead of the mother.

Shared custody or joint custody is usually given between parents unless one of the parents is unable to properly care for a child.

Let me tell you about Marriage - 2015If you have a good reason why you should have full custody of your child then you must be able to explain and back it up with proper documentation.

If you go to court and understand how custody disputes work by learning all the necessary information regarding child custody your chances of winning are good. That they key is to the laws in your state and know exactly everything that you need to do to win.

Don’t risk losing your children because you work well prepared when you went to court. Click the link below this video to get a free report on child custody disputes. 

Child Custody for Fathers

Click to Get Your FREE Report Child Custody Disputes. 10 Things You Should Know about Child CustodyFamily court needs to change - 2016

Child Custody for Fathers

According to the Journal of Research in Crime and Delinquency, “The most reliable indicator of violent crime in a community is the proportion of fatherless families. Fatherless families, in turn, are caused in part by family courts that exclude fathers from post-divorce parenting. By instituting shared parenting after divorce or separation, fathers would be allowed to continue to show their sons the right way to grow into manhood.”Courts must work toward a shared parenting norm – Miami Herald

In the release, Dr. Ned Holstein, founder and board chair of National Parents Organization said: “Unfortunately, however, our nation’s family courts prevent millions of divorced and separated fathers from having meaningful relationships with their children, which only leave their children more vulnerable to this unfortunate behavior.”

“The repeat narrative is deeply troubling,” Holstein said. “An individual who grew up without the love and support of both parents turns to unfathomable, deadly gun violence. This must stop, and one piece of the solution is to ensure children have both parents intimately involved in their lives after separation or divorce… With this in mind, I urge legislators in all states to join the family court reform movement to make shared parenting the new status quo in our society, if both parents are fit and there has been no significant domestic violence.”

Well, now. I agree to most of what Holstein has to say about this serious matter. Courts must work toward a shared parenting norm – Miami HeraldBut not all boys who grew up without the love and support of both parents turn to “unfathomable deadly gun violence.” I know of one who grew up in a fatherless home, and became the president of the United States.

Still, as a single mom who raised two sons, I know how frustrating it can be for a mom who must work outside the home and still is expected to instill all the positive male values in her son or sons. It is a hard hill to climb. It is hard to know who to trust with your children. In my case, I turned to the pastor and other godly men at my church to help me with the upbringing of my sons. It was a blessing to me as well as to my sons. I realize, though, that this isn’t the case with a lot of women. It is hard to know who to trust with your children.

Courts must work toward a shared parenting norm – Miami HeraldWhile it is true our family courts must do more to move toward shared parenting whenever there is a divorce or separation in a family, an old saying comes to my mind concerning laws to make this possible: You can bring a horse to water, but you can’t make him drink. In other words, the lawmakers can make the law, but enforcing it is still something else. There is no law to make a person love his or her children. Love can’t be legislated. We simply have to trust the courts to do the right thing whenever the law is broken.

The bottom line is still this: “… Our children need both parents in their lives to thrive,” Holstein said. “For this reason, lawmakers in every state must move forward with family court reform as soon as possible.”

I spoke with Holstein, who lives in Massachusetts, by phone. He said strides are being made. Within the past year, at least 22 states — Florida included — have passed and implemented legislation supportive of shared parenting after divorce or separation whenever the parents are fit.

Source: Child Custody for Fathers

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Family Court Intentional Infliction Emotional Distress

Miami-Dade County‘s Family Courthouse Report Legal Abuse Violations-Intentional Infliction Emotional Distress

What Is “Legal Abuse Syndrome”?

Whatever the court setting, whether it is regarding divorce, child custody, parental support, probate matters, personal injury, property disputes, legal or medical malpractice, criminal charges, or other deeply personal issues, the frauds put forth in our courts add greatly to the trauma.

When litigants are unable to get fair resolution to their issues, when the court dysfunction further adds to the litigant’s burden, when no amount of actual case law compels an equitable outcome, litigants suffer often disabling levels of stress. When further attempts to achieve redress fail, litigants display the hallmark signs of Legal Abuse Syndrome (LAS). *The concept of Legal Abuse Syndrome was brought to the attention of this writer by investigative journalist Michael Volpe, who’s completing a book on the life and suicide of ones of its victims. The book’s pre-publication title is Bullied to Death: The Chris Mackney Story.

Dr. Huffer, incidentally, invites reports of cases like this one on her website’s Contact page..

It’s Constitutional – Discussing Constitution and Family Law Reform

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Children's Rights: It's Constitutional - Discussing Constitution and Family Law Reform | Kids' Rights and Family Court | Scoop.itJustice is a concept of moral rightness based on ethics, rationality, law,natural law, religion, equity or fairness, as well as the administration of the law, taking into account the inalienable and inborn rights of all human beings and citizens,..

Prejudices & discrimination based on a person's sex, social status, gender or race too often rule in U.S. courtrooms!

Prejudices & discrimination based on a person’s sex, social status, gender or race too often rule in U.S. courtrooms!

Intentional infliction of emotional distress

Interest  —  Intentional infliction of emotional distress (IIED) is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to IIED as the tort of outrage.

Rationale for classification

IIED was created in tort law to address a problem that would arise when applying the common law form ofassault. The common law tort of assault did not allow for liability when a threat of battery was not imminent. A common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form.

According to the first doctrine articulated by common-law courts, a plaintiff could not recover for physical injury from fright alone absent a physical impact from an external source (“shock without impact”), even if the fright was proven to have resulted from a defendant’s negligence, with the case on point referring to the negligent operation of a railroad. Even with intentional conduct, absent material damage, claims for emotional harm were similarly barred. “Mental pain or anxiety, the law cannot value, and does not pretend to redress, when the unlawful act causes that alone. Though where a material damage occurs, and is connected with it, it is impossible a jury, in estimating it, should altogether overlook the feelings of the party interested.” Courts had been reluctant to accept a tort for emotional harm for fear of opening a “wide door” to frivolous claims.

A change first occurred in the Irish courts which repudiated the English railroad decision. The idea that physical/mental shock without impact from an external source would be a bar to recovery was first questioned at the Queen’s Bench in Pugh v. London etc. Railroad Co. In the following year, the tort was first formally recognised in the case of Wilkinson v. Downton [1897] 2 QB 57, although it was referred to as “intentional infliction of mental shock”. Citing Pugh and the Irish courts as precedent, the Wilkinson court noted the willful nature of the act as a direct cause of the harm.

Elements

  1. Defendant acted intentionally or recklessly; and
  2. Defendant’s conduct was extreme and outrageous; and
  3. Defendant’s act is the cause of the distress; and
  4. Plaintiff suffers severe emotional distress as a result of defendant’s conduct.

Intentional or reckless act

It is not necessary that an act be intentionally offensive. A reckless disregard for the likelihood of causing emotional distress is sufficient. For example, if a defendant refused to inform a plaintiff of the whereabouts of the plaintiff’s child for several years, though that defendant knew where the child was the entire time, the defendant could be held liable for IIED even though the defendant had no intent to cause distress to the plaintiff.

Extreme and outrageous conduct

The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard. IIED is also known as the tort of “outrage,” due to a classic formulation of the standard: the conduct must be such that it would cause a reasonable person to exclaim “Outrageous!” in response.

Some general factors that will persuade that the conduct was extreme and outrageous (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty.

Causation

The actions of the defendant must have actually caused the plaintiff’s emotional distress beyond the bounds of decency. IIED can be done through speech or action; if emotional stress, must manifest physically.

Qualification

The emotional distress suffered by the plaintiffs must be “severe.” This standard is quantified by the intensity, duration, and any physical manifestations of the distress. A lack of productivity or a mental disorder, documented by a mental health professional, is typically required here, although acquaintances’ testimony about a change in behavior could be persuasive. Extreme sadness, anxiety, or anger in conjunction with a personal injury (though not necessarily) may also qualify for compensation.

An example of an act which might form the basis for a claim of intentional infliction of emotional distress would be sending a letter to an individual falsely informing the person that a close family member had been killed in an accident.

Pleading practices

In civil procedure systems (such as in the United States) that allow plaintiffs to plead multiple alternative theories that may overlap or even contradict each other, a plaintiff will usually bring an action for both intentional infliction of emotional distress and negligent infliction of emotional distress (NIED). This is just in case the plaintiff later discovers that it is impossible to prove at trial the necessary mens rea of intent; even then, the jury may still be able to rule for them on the NIED claim.

There are some reported cases in which a plaintiff will bring only a NIED claim even though a reasonable neutral observer could conclude that the defendant’s behavior was probably intentional. This is usually because the defendant may have some kind of insurance coverage (like homeowners’ insurance or automobile liability insurance). As a matter of public policy, insurers are barred from covering intentional torts like IIED, but may be liable for NIED committed by their policyholders, and therefore are targeted indirectly in this fashion as deep pockets.

First Amendment considerations

The U.S. Supreme Court case Hustler v. Falwell involved an IIED claim brought by the evangelist Jerry Falwellagainst the publisher of Hustler Magazine for a parody ad that described Falwell as having lost his virginity to his mother in an outhouse. The Court ruled that the First Amendment protected such parodies of public figures from civil liability.

See also

References

  1. ^ LeRoy Miller, Roger (2011). Business Law Today: The Essentials. United States: South-Western Cengage Learning. p. 103. ISBN 1-133-19135-5.
  2. ^ Cusimano, Gregory S. “Tort of Outrage”. LexisNexis. Retrieved 26 July 2015.
  3. ^ For English law, see Victorian Railways Commissioners v. Coultas (1888) 13 AC 222 (woman barred from recovery due to shock despite suffering a miscarriage); for a similar decision in New York in the same month, see Lehman v. Brooklyn City Railroad Co., 47 Hun (N.Y.) 355 (1888).
  4. ^ Lord Wensleydale, Lynch v. Knight (1861) 9 HLC 577 at 598; 11 ER 854, where a married woman unsuccessful sought redress for “slanderous imputation of unchastity”
  5. ^ Mitchell v. Rochester Railway Co. 151 NY 107 (1896)
  6. ^ see Bell v. Great Northern Railway of Ireland (1895) 26 LR (Ir) 428; also citing an unreported decision inByrne v. Great Southern and Western R. Co. of Ireland
  7. ^ [1896] 2 QB 248
  8. ^ http://trucounsel.com/index.php/intentional-infliction-of-emotional-distress
  9. ^ Taylor v. Metzger, 706 A.2d 685 (N.J. 1998).
  10. ^ GTE Southwest, Inc. v. Bruce, 998 S.W.2d 605 (Tex. 1999).
  11. ^ “Emotional Distress and Defamation in Personal Injury Cases”. Slappey & Sadd. Retrieved 26 July2015.
  12. ^ Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988). 
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