Judge mad that we asked for constitutional rights
We have a crazy ex BM who regularly claims that the kids have been sexually assaulted by various members of the family. She always makes these claims when we are in court for other issues and it doesn't appear to be going her way. This time she targeted my son. My SD said her SB would never do anything inappropriate and the whole thing was thrown out by CPS....twice!!! In the early stages, as we had already been through this with BM before, we claimed constitutional protections and sued the judge to enforce them. This ticked her off royally and she ended up giving BM full custody with my husband only getting supervised visitation! She also put in the order that my two SD's couldn't be around my daughter or son. This is with no other issues in the case....nothing other than she was being sued and didn't like it. Because there are no checks and balances for these judges, they can do what ever they want. It doesn't have to be right, fair or reasonable. We are now headed for appeals and eventually the supreme court. It is ridiculous!
In most jurisdictions, judges
In most jurisdictions, judges are exempted from lawsuits. Something stinks here
There was no crime committed
There was no crime committed and that would not be tried in the family courts anyway! There are so many Constitutional rights that are being violated by the family courts and those of you that don't know what they are are lucky that you haven't had to find out.
I posted to see if anyone else had any similar situations, not to be told I'm stupid and wasting my money trying to get our SK back from a Narcissistic Manipulative BM that uses false sex allegations to get what she wants.
Your right. Fit parents get
Your right. Fit parents get a raw deal because these judges have way to much power with very little oversight. HOW DARE WE want to be part of our own kids lives! To love and nurture them!!!! What kind of animals must we be! THIS IS WHY THE FAMILY COURT SYSTEM HAS TO BE CHANGED! The kids suffer more than anyone. Hopefully with our case and the others that are being worked with the NFLPC.org, all parents will have rights to their children unless they are unfit.
Your right WalkOnBy, but it
Your right WalkOnBy, but it is not what you think. In order to get an appeal on constitutional actions you have to "sue the judge". It is not suing them personally but as a function to get an appeal or review of the judgement.
actually, that isn't at all
actually, that isn't at all how the appeals process works.
Which of your constitutional rights were violated? What is your case predicated on??
You have to sue to the
You have to sue to the judge...it is just a way of getting an appeal. It is not suing them personally as they are personally exempt. The mother would not take SD to Doctor and we had to insist that child go to psychologist. And NO there was NOTHING to support the mothers claims, not the 14yr old SD, not the CPS report that found not only that nothing happened, but they didn't need to be involved at all. This is the same mother that accused the grandfather the last time they were in modification after she came back to town and wanted the kids back after leaving them as toddlers for two years and the Judge drug it out for a year and gave her more time.. This Judge is crooked as the day is long. Just like the first two times she made claims, this one is baseless. WE wanted the SD to be taken to the doctor but the mother refused....it would have proven we were right!
she has no idea what she's
she has no idea what she's talking about. The website she cites is beyond suspect. You know the kind - sovereign citizens. the government is out to get us, blah blah blah.
I bought a home one time and
I bought a home one time and it took about 6 months to close because the home had been inherited by three children. One of them was an incarcerated felon. A judge had to sign off on the sale because the incarcerated felon couldn't.
It was a little bit of a risk and I was renting the place until the sale closed.. but in the end, the sign off went without a hitch. It should have been done in a week... but it just sat on desks as far as we could tell.
Are you a troll? Or do you
Are you a troll? Or do you just think you know everything about the law but don't. CPS RULED OUT anything in our case. AND you can sue for Constitutional rights, in fact you have to when judges don't follow the law.....check out NFLPC.org. Maybe you need to do some research before you start telling others to go back to school.
I am regularly called a
I am regularly called a sweetheart though...lol.. Sorry still upset about all of this and the impact that it has on my family. I don't always word things exactly the right way.
there is nothing on that
there is nothing on that website that backs up your story.
Don't forget, sweetheart, most of us here have extensive experience in family court. Some of us even work in the court system every day. Some of us are attorneys, too.
Now, go back to class. I am sure your absence in Algebra 1 has been noticed by now.
You obviously didn't listen
You obviously didn't listen to Ron and Sherry for very long. I take back troll....your an idiot.
*you're*
*you're*
(No subject)
hey girl! Long time so no
hey girl! Long time so no see around these parts
Anotherstep, what exactly is
Anotherstep, what exactly is a "snorp"?
That could be painful! Yes,
That could be painful! Yes, sweetie, go home! (Take me with you!!)
Carbonated beverage snorps
Carbonated beverage snorps are the WORST!
LOL!!!!!
LOL!!!!!
You keep avoiding this one
You keep avoiding this one question which makes you seem sketchy. If you could answer it, maybe we could help you.
What constitutional rights did the judge violate?
I will take "none" for a
I will take "none" for a thousand, Alex
lol
lol
It's the Daily Double!!
It's the Daily Double!!
It's time to play Final
It's time to play Final Jeopardy! And the answer is....
A creature that lives under bridges and and appears in the story The Three Billy Goat's Gruff. They also post made up stories on internet sites as a way to get attention.
*rings in* "ahem, what is a
*rings in*
"ahem, what is a tr*ll, Alex?"
You are assuming that what OP
You are assuming that what OP is claiming is true.
Telling a father that the child cannot be around certain individuals is not unconstitutional. You don't know what you're talking about here, sue.
Sueu2, I lost you at the
Sueu2, I lost you at the constitutional part.
5th Amendment reads: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
I don't see how anything the OP said could related to this. I *think* you're claiming that the judge shouldn't have said that the kids/skids couldn't be around each other without due process, but because there is no criminal case this wouldn't apply.
14th Amendment Secion 1 reads: "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
In this case, I *think* you're referring to the judge abridging the privileges of the parents to be around whoever they want, including having their kids/skids in the same space with them. I would think, however, since no law was made (a law being something which applies to a class of persons, not to an individual), that this wouldn't apply either.
But I'm very curious to hear what explanations you've looked into, this is very interesting stuff! Can you elaborate?
but the words she chose
but the words she chose matter and most people assume that people mean to use the word she used.
When she was asked for clarification, she got nasty.
When asked on what constitutional grounds she was "suing the judge" - she went silent, though she did all she could to double down on the whole consitutional rights thing, which, by the way, is not a thing.
If she was appealing, why not use that word?
Fianlly, your understanding of the amendments you cite is fuzzy at best.
Thank you for the RECENT
Thank you for the RECENT comments. I didn't come on here to be beat up and no I'm not a lawyer. The judge didn't have any reason for supervised visitation. There was never anything admitted about how my husband is anything but a great father. I'm not responding because I have enough stress in my life with what is going on without searching for support and finding people that browbeat me because I didn't say something the right way. Best of luck to all of you
Judges are not usually in the
Judges are not usually in the business of willy nilly taking kids away from a parent. They are all aware of the judicial review process.
You didn't get brow beaten because you didn't say things the right way. You got brow beaten because you went from zero to nasty in ten seconds.
We don't take too kindly to that around here.
Fix Family Courts on Facebook
Fix Family Courts on Facebook has a lot of info on various subjects that may include OP's topic.
Since in all fairness we must assume what OP is saying is true--the fact appears to remain that BM has not been held accountable what so ever for this junk.
Many people know that feeling.
There is sooo much going on inside family court that should be wide open to the public.
Including CPS cases.
IF IF IF the end of child support would occur most of the turmoil would stop. OVER NIGHTS equal $$$
When a parent uses abuse as a weapon---such as op's story. Its a hard hill to climb not to mention the destruction to finances of the alleged perp trying to clear their name on top of a full load of child support because of NO overnights.
Its a darn nightmare.
OP I hope things get straightened out in a fair outcome.
Thank you. We are actually
Thank you. We are actually working with Fix Family Courts on our case. I say "our" because it affects me and my children just as much as my husband.
How old are all these kids?
How old are all these kids? From what I could make out from your previous forum post and comments you've made on a couple other member's forum postings, your son and your husband's daughter were sleeping in the same room.
From that Mom says there was no supervision and the male/female stepsiblings 'slept together'. CPS was or are investigated. No doctor exam was allowed by Mom on the female (your stepdaughter). Were the CO ordered supervised visitations ordered during the times of the CPS investigation?
You have also said Mom took off a couple years when her children were little. She came back , and received via court 50/50 custody of her children again. You seem to be under impression judge gave her that 50/50 return of custody due to Mom saying a male relative abused her child. Accusations which you claim CPS declared unfounded. In reality the return of 50/50 custody had nothing to do with false charges against a extended family member of your husband's. She got the return of 50/50 because she went to court, asked for it, and it was granted.
I've not made head nor tails of what the current court uproar is presently about as you're being defensive to questions, giving little to the actual reason of currently being in court with BM....but "we all' do know whatever the latest ruling was, your husband is angry and disagrees with, blames the judge and are appealing he ruling.
So, maybe calm down and start again. So far you've pushed Bill Eddy and the High Conflict Institute and now this NFLPC thing. Do you actually have a local attorney or did your husband do some of his court appearances unrepresented?
kids were not sleeping in
kids were not sleeping in same room. That was the claim of mom. We have a legal team working on it and it is not your "normal" everyday case. All judges aren't good people and don't do what is right. I appreciate the responses of those that were not telling me to go back to school....that is insulting and people wonder why I got annoyed?
Your original explanation of
Your original explanation of the sleeping ordeal:
"(We have a movie room and they fell asleep having a movie marathon one weekend sleeping on different rows of seats, and her mother is claiming they slept together.) "
Now you say not sleeping in same room. Yeah, I 'get' they weren't sexually sleeping together, but per you, they were sleeping in same room when you first posted on this topic in February. *shrugs*
Oh absolutely it effects
Oh absolutely it effects everyone inside the home.
Please keep US posted on your situation. You may be able to help someone in the future.
What an awful mess---I am very sorry.
Can I ask how old the kids are, and have they taken OVER for BM inside your home if and when they are there or are they normal range kids?
My SDs are 14 and 12. They
My SDs are 14 and 12. They are great kids and we all get along fine.
Family law is not legislated
Family law is not legislated law in most situations. It is case law and that leaves it sadly in the hands of idiots in stupid black robes wielding wooden Fischer-Price hammers and ruining peoples lives in a seemingly wholesale basis.
One thing is for sure. They generally don't give a crap about having a ruling appealed but what they do not like in my experience is being publically pilloried for stupid decisions. We intended to appeal portions of our initial CO but it was pretty clear that the Judge was within his purview with his ruling so I went the route of the court of public opinion and contracted the local paper for a full page PSA barring the Judges ass for forcing my then 2yo SS to have visitation with the drug using, long arrest record, gangbanger wannabe SpermIdiot. The Judge did not like that one bit but since I was publishing facts there was not much he could do about it other than contact our attorney to ask us not to publish the add. It is a small town and someone at the paper was a relative of the Judge and let him know about my PSA.
You may want to look at publishing the facts of the Judges decisions as a possible way to influence the situation. Which I suppose is what you are doing by suing her. Highlighting idiot decisions by judges seems to get their attention far more than appealing to a sense of reasonableness from manyh of them.
It sure got our idiot's attention and we never had to subject ourselves to his idiocy again. We always seemed to get another Judge for later court action for some strange reason. Those judges all were very direct, clear, and explained their decisions unlike their idiot colleague who was the epitome of a pompous ass. His closing statement after a long day in court was "I hope everyone feels better. Now I am going to do what I always do." He then issues his ruling. He likely had an issue with us because he was pissed at us when we refused yet another postponement and forced the court action on that day and he had to give up a murder trial. Delays had already cost us thousands in legal fees and travel costs for hearings that were rescheduled at the last minute some by the opposition and some by the court. After the delays were done with idiots both in the blended family opposition and in the courts.
Good luck.