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

The Tallahassee Thousand ~ Mark Your Calendars

We will be standing up and speaking up for our children.the-people-who-think-they-are-crazy-enought-to-change-the-world-are-the-ones-who-do

Children need both parents! Stronger Families & Stronger Children Build Stronger Communities

Bring your parents, grandparents, children, friends and family.

We will be 1,000 strong in Tally!!!

About the Venue — Saturday, November 5 at 9 AM – 6 PM

Stronger Families & Stronger Children Build Stronger Communities 

We are Fathers helping Fathers. We are parents helping parents. We are advocates dedicated to bringing a change to end fatherlessness in Florida.

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The Dysfunctional Family Court System Organizational Chart:dysfunctional-family-courts-2015

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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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Psychiatric Ploys of Child Custody

Psychologist Margaret Hagen, a professor and medical industry insider, details the very real danger of this booming business.b1dfd-the2bfamily2bcourt2bis2bwrong25212521

In every state, a child can be taken away from a parent on the strength of five minutes of “neutral” testimony from a social worker. A criminal suspect’s freedom or incarceration can depend on a superficial psychological examination performed by an incompetent, overworked, or, at worst, paid-off psychologist. Parole hearings hinge on the testimony of similarly incomplete or fraudulent evaluations, allowing “rehabilitated” violent criminals back onto the street to commit more heinous crimes, with no accountability for the reviewing “expert.”

Unmasking some legal psycho-expertise as a total fraud, Dr. Hagen instructs readers to protect themselves and their families from being victimized by psychological testimony in the courtroom. In today’s frenzied legal climate, her insight and wisdom make for provocative, compelling and invaluable reading.

Rep. Tim Murphy on Plan to Reform Mental Health Care

As part of its regular briefing series, this morning the Child Mind Institute welcomed to its New York City headquarters

Representative Tim Murphy (R-PA), who provided an update on the Helping Families in Mental Health Crisis Act of 2015, H.R. 2646.  The Act, introduced by Reps. Murphy and Eddie Bernice Johnson (D-TX), focuses on mental health reform that would help both those with mental illness and families who are struggling to get necessary care for their loved ones.  According to Rep. Murphy, the legislation has advanced out of the House Energy and Commerce health subcommittee, and its chances of coming up for a vote in the full House in 2016 are strong.

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Parental Alienation and the Fight for Children’s Hearts and Minds | Science of Relationships

Parental alienation involves one parent spoiling the relationship between a child and the other parent in the absence of actual abuse or neglect. In both my personal and professional lives, I have seen many parents actively turn their children against the other parent in an effort to “keep them (the child) close,” and to undermine their child’s loving bond with the other parent. Although research has demonstrated that parental alienation has very negative effects on children (e.g., depression, substance abuse and conduct disorders), few researchers have examined empirically how exactly parents engage in this alienation behavior.1

The majority of research on this topic has surveyed young adults (e.g., children) who report having been alienated from one parent by another. Alienating strategies include bad-mouthing or denigrating the other parent in front of the child (or within earshot),2,3 limiting the child’s contact with the other parent,4 trying to erase the other parent from the child’s mind (e.g., withholding pictures of the child with the other parent),2 creating and perpetuating a belief the other parent is dangerous (when there is no evidence of actual danger),2 forcing the child to reject the other parent, and making the child feel guilty if he or she talks about enjoying time with the other parent.2 The impact of these behaviors on children is devastating, but it also often has the opposite intended effect; parents who denigrate the other parent are actually less close with their children than those who do not.313376-parental2balienation2bis2ba2bcrime2bstop2bthe2bhate-2b2015

Children who are caught in the middle of alienating behavior have a different perspective than the parents, so work that focuses on the alienated parents provides a more thorough view of this unfortunate family dynamic. For example, in a survey of parents who are targets of alienation, Baker and Darnell4 found that targeted parents reported that alienators interfered with parenting time (e.g., scheduled appointments or frequently called during the other parent’s parenting time), interfered with contact with the children (e.g., intercepted phone messages or email), interfered with symbolic contact like gift giving (e.g., threw away gifts or sent them back), did not inform them about important information (e.g., school activities, doctor appointments), threatened to take children away from the them, and formed unhealthy alliances with the children such as having had their children spy and report back information to the alienating parent, or sending cell phones with children to call the alienating parent from the target parent’s home.

Some children were not even allowed to bring personal items (e.g., sports equipment, toys) back home from the alienating parent’s home. In sum, this survey of parents identified a large number of abusive tactics that were not always readily visible to children, yet inflicted damage to the parental relationship nonetheless.4

Ultimately, the researchers drew a grim conclusion from the study: many of the strategies described involved active participation of the children which resulted in the child colluding in the betrayal and rejection of the alienated parent. The result: the child feels guilt and shame about having done these activities; in order to cope with this betrayal, kids justify their actions by actually believing the targeted parent is evil, unreliable, does not care about them, is dangerous, etc.

With endless ways to combine alienation strategies, alienated parents have little recourse to defend themselves and repair their relationship with their children. For example, if the parent tells a child that a lie said about them by the alienating parent is untrue, then it appears to the child that the parent is calling the alienator a liar. It is a lose-lose situation for the targeted parent. There have been calls for intervention and counseling programs to help families that have been affected by parental alienation,4 and there remains a great need to further understand how alienation affects the psychological health of the parents themselves. In addition, court and family systems need better methods of identifying and intervening when alienation is occurring. Many times courts need to determine whether an accusation of abuse (domestic, physical, sexual, etc.) by one parent is true or false: if false, then the accusation is a sign there is active parental alienation, which is recognized by the American Psychiatric Association as another form of child abuse.5

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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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