THE JURISDICTION OF FAMILY COURT JUDICIAL AUTHORITIES AND THE CHURCH

APOSTOLIC LETTER ISSUED MOTU PROPRIO OF THE SUPREME PONTIFF FRANCIS ON THE JURISDICTION OF JUDICIAL AUTHORITIES OF VATICAN CITY AND STATE IN CRIMINAL MATTERS

In our times, the common good is increasingly threatened by transnational organized crime, the improper use of the markets and of the economy, as well as by terrorism.
It is therefore necessary for the international community to adopt adequate legal instruments to prevent and counter criminal activities, by promoting international judicial cooperation on criminal matters.
 
In ratifying numerous international conventions in these areas, and acting also on behalf of Vatican City State, the Holy See has constantly maintained that such agreements are effective means to prevent criminal activities that threaten human dignity, the common good and peace.
 
With a view to renewing the Apostolic See’s commitment to cooperate to these ends, by means of this Apostolic Letter issued Motu Proprio, I establish that:
 
1. The competent Judicial Authorities of Vatican City State shall also exercise penal jurisdiction over:
 
a) crimes committed against the security, the fundamental interests or the patrimony of the Holy See;
 
b) crimes referred to:
 
– in Vatican City State Law No. VIII, of 11 July 2013, containing Supplementary Norms on Criminal Law Matters;
 
– in Vatican City State Law No. IX, of 11 July 2013, containing Amendments to the Criminal Code and the Criminal Procedure Code;
 
– when such crimes are committed by the persons referred to in paragraph 3 below, in the exercise of their functions;
 
c) any other crime whose prosecution is required by an international agreement ratified by the Holy See, if the perpetrator is physically present in the territory of Vatican City State and has not been extradited.
 
2. The crimes referred to in paragraph 1 are to be judged pursuant to the criminal law in force in Vatican City State at the time of their commission, without prejudice to the general principles of the legal system on the temporal application of criminal laws.
 
3. For the purposes of Vatican criminal law, the following persons are deemed “public officials”:
 
a) members, officials and personnel of the various organs of the Roman Curia and of the Institutions connected to it.
 
b) papal legates and diplomatic personnel of the Holy See.
 
c) those persons who serve as representatives, managers or directors, as well as persons who even de facto manage or exercise control over the entities directly dependent on the Holy See and listed in the registry of canonical juridical persons kept by the Governorate of Vatican City State;
 
d) any other person holding an administrative or judicial mandate in the Holy See, permanent or temporary, paid or unpaid, irrespective of that person’s seniority.
 
4. The jurisdiction referred to in paragraph 1 comprises also the administrative liability of juridical persons arising from crimes, as regulated by Vatican City State laws.
 
5. When the same matters are prosecuted in other States, the provisions in force in Vatican City State on concurrent jurisdiction shall apply.
 
6. The content of article 23 of Law No. CXIX of 21 November 1987, which approves the Judicial Order of Vatican City State remains in force.
 
This I decide and establish, anything to the contrary notwithstanding.
 
I establish that this Apostolic Letter issued Motu Proprio will be promulgated by its publication in L’Osservatore Romano, entering into force on 1 September 2013.
 
Given in Rome, at the Apostolic Palace, on 11 July 2013, the first of my Pontificate.
 
FRANCISCUS
Source: http://www.casarosada.gob.ar/informacion/actividad-oficial/26392-la-presidenta-se-reune-con-el-papa-francisco-en-ciudad-del-vaticano

SOURCE: HTTP://WWW.CASAROSADA.GOB.AR/INFORMACION/ACTIVIDAD-OFICIAL/26392-LA-PRESIDENTA-SE-REUNE-CON-EL-PAPA-FRANCISCO-EN-CIUDAD-DEL-VATICANO — © Copyright – Libreria Editrice Vaticana

Posted by Chris Mosquera   | chismosquera

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I Just Want To Be A Good Dad

shared parenting· Supporters of South Dakota Shared Parenting  link ·

A group of fathers in New Jersey have banded together to bring a class action lawsuit against five family court judges. They allege their constitutional rights…
LAWDIVA.WORDPRESS.COM
Siding with Democratic legislators, Florida Governor Rick Scott (R) vetoed alimony reform legislation that Florida’s GOP-controlled legislature had passed by a
EXAMINER.COM
Please meet… Chris Colbert Regional Director (Southeast) Chris is the proud father of a son and a daughter. Chris worked hard to achieve 50-50 legal and physical custody of his children. He is a fifth grade teacher in the State of Florida and in his spare time he enjoys golfing, grilling, and outdoor activities. Chris graduated from Union College with a BA in History. He continued his education at the National University of Ireland, Galway and has an MA in Irish Studies. He became actively involved with The Fathers’ Rights Movement while battling for his children in 2014-2015. In June 2015, Chris became an editor for the Florida Chapter’s Facebook page. A few months later, he was promoted to Central page and then was asked to be a member of the Board of Directors. He now uses his energies to help other parents have an equal say in raising their children. Chris is currently the Regional Director for the Southeast. He wants every father out there to know that, “You are not alone.”

My daughter is now 9 and despite a long court case, nothing much has changed.

My ex has hurt me for years on end and she seems relentless in erasing me from our daughter’s life. I am reduced to nothing more than a brokenhearted dad that battles on for justice in the courts.

Will someone make or encourage my ex to let me see our daughter, to see me as an equal parent, and let me be a part of our daughter’s life? I have a lot to give and a lot to teach her, but the only people she gets to see is her mothers’ friends and family. Not a true representation of her whole family!

SUPPORT OUR CAUSE ~ Children’s RightsThe Harm Caused By Family Court System - 2016

Not all dads are good fathers. What about the deadbeats?

What about them? You want an acknowledgement that they in fact exist?

Of course they do. So do bad mothers. Abusive ones. Neglectful ones. Their existence however doesn’t disadvantage mothers as a whole walking into a courtroom.

Do you think that as The Fathers’ Rights Movement–a movement for fathers fighting for their children–we should jump on the “screw dads” bandwagon like all of the politicians, media, and the countless mom groups out there talking about how bad dad is, how inferior the paternal instinct allegedly is to the maternal instinct?

”Bad dads” are thrown in our face everywhere else on the internet and in society. We tell the other side of that story–the one that virtually never gets heard. Why do people get all up in arms because we focus on dads who are fighting for their children?

Can we not have one place where we don’t have the fact that bad dads exist thrown in our face?

We get it.

It’s not like we’re not aware that some dads are deadbeats.

We do however know these to be the minority compared to fathers who are good fathers and want to be fathers. We do question, in most of the instances where a father is being accused of being a deadbeat, whether or not he actually is or was never allowed the chance. Fathers not being treated equally is a much more serious and prevalent problem than fathers who willingly walk away when they were given a fair chance.

A true deadbeat would not likely even bother to join a movement such as this. He’s not fighting to see his kids. He has nothing to offer this movement, and we have nothing to offer him.

TFRM is for fathers fighting for equal consideration in their children’s best interest, and all fathers deserve to at least be considered an equal unless they prove or reveal themselves to be otherwise.

That is the purpose of this movement.

–Derek

This man is spot on. Parental Alienation is a mental health problem caused by the alienating parent that goes back to THEIR childhood. I always thought this was the case. Not helped of cause by Cafcass not even recognizing that it exists. Dr Childress has studied this for seven years. The courts can sort it once the mental health systems recognize it and not the other way around. A great eye opener.

Children's and Fathers Rights - Battling Parental Alienation in the UK & Beyond

My daughter is now 9 and despite a long court case, nothing much has changed. For 12 days every fortnight I am a hard-working, broken-hearted person and I cannot find anything in the UK to make me happy.

For the two days every fortnight that I get to spend with my daughter, I am a happy, proud and confident person, a total contrast to my days without her.

Yesterday I gazed out the window watching fireworks and was really missing my angel but I cannot call her, she doesn’t call me and knowing she is only a mile away hurts like hell.

My ex has hurt me for years on end and she seems relentless in erasing me from our daughter’s life and I am reduced to nothing more than a broken-hearted dad that battles on for justice in the courts, so that someone will make my ex encourage our…

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Requesting Public Records

Ten practical tips for the Public Records Act requester

Florida has a well-deserved reputation for allowing the public access to most government records. But that reputation does not mean the right of access is always easy to assert. Here are ten practical tips that can help open up public records:

1. Put the request in writing.

Although the Public Records Act does not require that requests be submitted in writing, doing so provides real practical benefits to the requester (as long as he or she doesn’t mind that the request itself then becomes a public record). The benefits include eliminating uncertainty about what was sought and when. In fact, to make doubly sure a request is received, submit the same request two ways – for example, by U.S. Mail and facsimile. It’s unlikely an agency will lose both copies of the same request. Plus, a fax confirmation sheet proves the request was actually delivered at a particular time and date and to a particular fax number.

2. Ask to inspect unfamiliar or voluminous records.

The Public Records Act provides a statutory right to inspect records, not just to obtain copies. Don’t be too quick to reject the inspection option, particularly if the responsive records are voluminous or unfamiliar. It may be that you can save money, obtain a quick response, and understand the information you’re seeking better by inspecting originals before requesting copies.

3. Agree in advance to pay 15 cents per page for copies of records that are only a few pages.

Agencies have a statutory right to charge 15 cents per page for copies of most records. So, if you know the records being sought are only a couple of pages long – for example, a police report on a minor traffic accident – offer in your request letter to pay 15 cents per page for any copies. That agreement might make the agency more likely to respond by simply sending you the records instead of taking the time to contact you to see if you’ll pay for the copies.

4. Ask for a citation to any exemption.

The Public Records Act requires agencies to state the basis for any claim that requested records are exempt and to provide a statutory citation to the claimed exemption. Reminding the agency of that obligation will help to educate new employees who might not be familiar with the law and will show the agency that you’re familiar with your rights and the agency’s obligations.

5. Ask for a written explanation of a denial.

A requester has the right to a written statement explaining with particularity the reasons for a conclusion by the agency that the records are exempt. So every request letter ought to include language asking for such a written explanation.

6. Ask for a prompt acknowledgement and response.

The Public Records Act requires the agency to acknowledge requests promptly and to respond in good faith. It’s worth reminding the agency of that obligation.

7. Be willing to take one bite at a time.

If you expect the agency will have a lot of responsive records, consider starting with a narrow request and then making follow-up requests. For example, if you want to know how much a veteran politician uses a city-issued cell phone, you could start by asking for just last month’s bill, which is probably more easily accessible than every bill for the last twelve years. Then, if last month’s bill doesn’t answer your question, you can make a follow-up request.

8. Be willing to negotiate.

If an agency calls or writes in response to your request, pay careful attention to any explanation that’s given. It might be that the request was phrased in a way that didn’t describe the records the way the agency does. If so, it might help to rephrase your request. The law contains no limit on the number of requests that a person can make. So, if rephrasing a request will help the agency respond more quickly with the needed information, be willing to negotiate and, if necessary, to revise your request.

9. Make practice requests.

If you expect to deal with the same agency regularly and will sometimes need records in a hurry, consider making a practice request. For example, if you are a reporter covering a particular sheriff’s office, you might ask for reports concerning incidents at your home address. If you make the request politely and treat the agency’s employees courteously, the experience could smooth the way for the next request, when you might need another incident report more quickly.

10. Don’t give up!

Keep asking for the records even if the agency delays or doesn’t respond. Particularly if you deal with that agency often, a reputation for giving up easily might lead the agency to be even less helpful next time. Also, if agencies learn that requester take their access rights seriously, officials will be encouraged to be more open and accessible. And if that happens, we’re all better off.

Jim Lake is a media lawyer with the firm of Thomas & LoCicero in Tampa . He is also an adjunct professor at the Stetson University College of Law and a former journalist.First Amendment Foundation

Sample Public Records Request
Please note that a public records request does not have to be made in writing. However, should you want to make a written request, the following letters can be used as a model. Simply fill in the appropriate date, address, and salutation, and describe the records you are requesting.

Student Press Law Center Public Records Request Generator
This form is designed to help you create a simple letter. It asks you for all pertinent information and guides you through the options available. You can use this letter generator to request access to records held by a state or local government agency or body (e.g., public school district, city or campus police, state board of health, etc.). If you want to obtain records held by the federal government, we recommend using the letter generator offered by the Reporters Committee for Freedom of the Press.

Chapter 119: State Agencies and Local Governments

Rule 2.420: Court Records

Section 11.0431: Legislative Records

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