Constitutionalizing Family Law

| Section of Civil Rights and Social Justice |

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The Federalization of Family Law

Vol. 36 No. 3

Historically, family law has been a matter of state law. State legislatures define what constitutes a family and enact the laws that regulate marriage, parentage, adoption, child welfare, divorce, family support obligations, and property rights. State courts generally decide family law cases. But since the 1930s, Congress has enacted numerous federal statutes to address serious problems regarding family law matters that states have been either unwilling or unable to resolve, especially when the welfare of children is involved. Today, congressional legislation, decisions of the U.S. Supreme Court, and the participation of the United States in more international treaties have “federalized” more and more areas of family law traditionally left to the states.DivorceCorp - Consulted a minister and psychiatrist NOT Lawyer - AFLA Blog 2016

A multitude of federal laws now regulate and impact families; some specifically confer jurisdiction on federal courts. As a result, federal courts now hear a growing number of family law cases, especially those that involve complex interjurisdictional or full faith and credit issues. The Supreme Court has contributed to this federalization by “constitutionalizing” family law. It has repeatedly used the U.S. Constitution, in particular the Fourteenth Amendment, to extend constitutional privacy protections to increasing numbers of persons and to invalidate state laws in areas of law previously thought to be the exclusive province of state legislatures.

Internationalization of the law likewise contributes to federalization. As people and goods move freely across country borders, so do their family law issues and problems. The U.S. State Department now actively participates in the drafting of international treaties, working with the Hague Conference on Private International Law and the United Nations (UN) to address family law issues on a global scale. iinguanzo-v-rose-causes-20151The United States has ratified and implemented many international law conventions. The Supreme Court has noted the judicial opinions of the European Court of Human Rights in cases involving privacy rights of same-sex partners and the juvenile death penalty.

Congressional Action since the 1930s

For almost two hundred years, the fifty states regulated family law because the federal government did not. The Tenth Amendment left states with “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it.” Beginning with the New Deal legislation of the 1930s, Congress has used its powers under the Commerce Clause, the Full Faith and Credit Clause, and the spending power to set policy. A brief look at the areas of child support and child protection illustrate how Congress has set the national social welfare agenda by passing laws, allocating money for programs, and requiring states to comply with federal regulations to receive funding.

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Making children the winners in custody cases

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Making children the winners in custody cases

Equal Time with parents is best for children of separation – divorce.

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Equal Time with parents is best for children of separation – divorce.

Concerned Citizens for Family Law and Alimony Reform

Concerned Citizens for Family Law and Alimony Reform

MIAMI-DADE CIRCUIT JUDGE VICTORIA BRENNAN RESIGNS!

Judge Victoria R. BrennanJUDGE VICTORIA BRENNAN CONTRIBUTED TO CHILD ABUSE VIA PARENTAL ALIENATION BY ISSUING RESTRAINING ORDER ON INNOCENT MAN AFTER UNFAIR DV TRIAL. MOTHER USED FALSE POLICE REPORT OBTAINED BY MOTHER AT MIAMI-DADE POLICE DEPARTMENT IN VIOLATION OF FL STATUTE 741 AND 837. MOTHER COMMITTED PERJURY IN JUDGE BRENNAN’S DV COURTROOM. ALL MEN WHO HAVE GONE BEFORE JUDGE BRENNAN IN DV COURT HAVE LOST. THIS IS A BIAS JUDGE GUILTY OF GENDER DISCRIMINATION. Video – The False Allegation of Domestic Violence Epidemic Coming soon to every Florida Courthouse:

 

Judge Vicki Brennan, whose career has spanned being an Assistant State Attorney, Counsel to Governor Jeb Bush, and Circuit Court Judge, has resigned.

We have this confirmed from two separate sources.

Brennan suffered through a minor scandal this summer involving her actions in a personal matter in the Keys.

There are second acts in America, and Judge Brennan will certainly find her footing and re-emerge, as either the superb lawyer she once was, or in some other form of public service.

We are all human and we all make mistakes, and none of those things detract from our fundamental worth and value to ourselves, our family, and our community. Sometimes Judges and prosecutors lose sight of this. Only age and experience can allow someone to view an individual’s actions through the lens of time.

Source: JUSTICE BUILDING BLOG: JUDGE BRENNAN RESIGNS!


BRENNAN BROUHAHA

– Monday, August 15, 2016 –

Update: Take our new Judge Brennan poll.

This story was broken by David Ovalle of the Herald 

While angrily trying to boot her teen son’s drunk pals from her Key Largo home, police say a Miami judge used a metal pipe to smash the windshield of one young man’s pickup truck.
 
The episode led to a strange South Florida legal saga — for most of July, Miami-Dade Circuit Judge Victoria Brennan quietly was facing an arrest warrant for criminal mischief in Monroe County, a period when she briefly sat on the bench presiding over criminal cases.
 
At a hearing last week, a Key West judge stayed the filing of the arrest warrant, putting the case in limbo after Monroe prosecutors decided to opt out of the investigation. Florida’s governor has now assigned Lee County prosecutors to review the case. Even if the case dissolves, Brennan could still face scrutiny over whether she properly disclosed to superiors and defendants that she was facing a criminal case while ruling on criminal cases.
 
On July 7, the Monroe County State Attorney’s Office “gave verbal OK” to have the arrest warrant signed, the report said. Key West Circuit Judge Timothy Koenig signed the warrant for second-degree misdemeanor criminal mischief. The warrant, however, was not — and has still not been — entered into the clerk of court’s system. It was unclear Monday why the document was not filed immediately, which is standard in criminal cases.
 
Rumpole says: Judge Brennan is a good judge and we hope she will remain a judge.
 
This however, is a lesson in humanity for all of us, including those of us who judge or prosecute others- “Let she who has not sinned, cast the first stone.”
 
We are all human. The best of us, have bad days where we do something, upon reflection, that we regret. Such transgressions should not prevent a person from serving and serving honorably when they have done so in the past. We hope this is quickly and amicably resolved.

Source: JUSTICE BUILDING BLOG


On video: Former police chief eats evidence to protect tip