Guess what, not even $78,000.00 could save baby Drake. The Texas appellate court has denied the mandamus and refused to Bring Drake Home. Time and time again we have told attorneys and parents that just arguing caselaw and regurgitating parental rights is not enough. The brief written by the Pardo’s Attorney Pikl, was well written. What was left out killed it. The Pardo’s mandamus was denied. ?
What! Are you asking yourself “How could this happen when” both the Texas Home School Coalition and the Texas Public Policy Foundation filed amicus briefs with the appellate court in support of the Pardos. And THSC’s amicus curiae brief was joined by a coalition of 14 legislators and organizations including:
• Texas Eagle Forum
• Texas Pastor Counsel
• Concerned Women of America
• Texas Right to Life
• Texas Values
• Senator Bob Hall
• Senator Donna Campbell
• House Judiciary Chairman Jeff Leach
• Representative Matt Schaefer
• Representative Scott Sanford
• Representative Steve Toth
• Representative Mayes Middleton
• Representative Jonathan Stickland
• Representative Valoree Swanson
The Pardo’s have the Texas Senators Bob Hall and House Representative Mayes Middleton behind them. They even submitted an amicus brief. The parents also have Jeremy Newman, the Policy Director for the Texas Home School Coalition making a viral video that has almost 2 million views so far! Attorney Cecilia Wood, the attorney for the Texas Home School coalition wrote an amicus curiae brief for them as well. And the Texas Public Policy Foundation filed an amicus brief. All of them upset that the Pardo’s 4-year-old son was separated from the family without a compelling state interest and the temporary order issued by Judge Chitty in Dallas failed to apply the least restrictive means. Additionally, the trial court issued an illegal GAG order to keep the parents from talking about the violation of their rights to the media or sharing it on social media. Over 100 parents went to the evidentiary hearing and called what they witnessed a state sanctioned kidnapping. And now over 900 people have donated money to the efforts to bring baby Drake home. He has been away from home since June 20, 2019 when DFPS showed up at Ashley and Daniel Pardo’s home with armed police officers and took baby Drake by force. Watch the terrifying video here:
Are you thoroughly confused, baffled, and dismayed yet? Are you asking yourself how could this happen? We did too, years ago, when the family courts tried to take our children. We looked at the statutes and realized that those were not enough. Regurgitating the caselaw on parental rights was not enough either. So we dug in even deeper. And here is what we discovered.
- Judges have not been applying the supreme law of the land.
- Statutes are not protective enough.
- Giving in to the state’s demands does not work.
The problem the Pardo’s are having is not new.
CPS has been taking children illegally for quite a long time now. When something goes on for so long, the courts become complicit as Attorney Wood noted in her brief.
Ashley and Daniel Pardo are being punished for not agreeing to give in to the Department of Family and Child Services. They may have a right to refuse, but if the court does not protect this right, the social workers punish parents who dare to challenge them. The social workers are asserting their idea of what they believe is best for Drake and throwing their weight around by intimidating the parents by keeping their son in foster care until they agree to admit to the charges that the social worker decided to trump up to cover their mistake.
What Else can be Done?
We have seen parents throw $100,000 to attorneys and still not get good results. The cookie cutter arguments that attorneys have been making, just aren’t working anymore, they aren’t enough, and they take too long.
THSC did state that if the mandamus didn’t work they “may have to seek emergency intervention from the Texas Supreme Court.” Before they do this we suggest that they take a serious look at the Palmer’s parental rights arguments. There are at least three things that you must learn how to argue if you want to win.
What can You Do to Bring Baby Drake Home?
It takes going outside the attorney monopoly to get more effective arguments. They are going to have to break through the patterns and habits of these judges. And just regurgitating caselaw does not work.
Ron Palmer and I have been brought in to legal teams to help identify just where the weaknesses and strengths are in a case to help attorneys get better results.. I would have attended the Pardo’s evidentiary hearing but I was actually at another one involving a CPS kidnapping. A very similar case where the children were taken for alleged medical abuse as well. The home school coalition was called on that one too but they didn’t help on this case because the parents didn’t have the money to pay the retainer.
The Texas Home School Coalition (THSC) can update the way you argue parental rights and to include divorced parents. We believe there are several reasons that this Petition for Writ of Mandamus did not work. There is government creep and it started in the family courts with the worst offenses happening in cases between two parents, two fit parents. So, number one, there is corruption.
- The attorneys should have argued that these are First Amendment rights. See Grigsby.
- These should also be argued that these are privacy rights.
Where can I Learn how to Argue my Rights?
There is more explanation on how we argue these rights in the membership site right here. The above arguments are not the only arguments you’ll need to make. Those are just a start. You will learn how to figure out what arguments you need and how to make them in this online portal.
We created this portal so that you would have access to what you need no matter where you are. As long as you have internet access, you can get to what you need when you need it. So even though I wasn’t at the Pardo hearing they could have gone in there and found what they needed to protect themselves for exercising their right to tell the CPS worker buzz off, and to demand that the judge return their child immediately.
The courts have been committing these errors for over a decade. It’s going to take everything you’ve got to stop the state from interfering in your right to decide the best interest of your child, your right to refuse to admit to something you did not do, your right to not cooperate, and your right to get your child back. Your right is superior to the government’s idea of what is best for your child. But that doesn’t matter if you don’t know how to protect your parental rights and defeat their abuse of power.
Can you identify at least two more arguments to put in the briefs that Texas Home Schoolers Filed?
What is the fastest path to bringing your child home?
In addition, the attorneys should consider filing a habeas corpus. This is the fastest path to bring your child back home.
What can the Legislators do?
Remove absolute immunity. This is why absolute immunity is a problem. If judges can sit there and ignore the clear statutory directives without declaring the statute unconstitutional, then we have a major problem. That problem is absolute judicial immunity. This judge is off the reservation and in violation of both the statute and the constitution and must be held accountable. It’s time for the legislature to take a serious look at judicial immunity and seriously reducing that immunity so that these judges can be held accountable for willful, intentional, and egregious statutory and constitutional violations.
The legislators have let the courts get away with violating parent-child relationships in parent vs. parents cases, now the lines are blurred. It’s the courts that are violating the parent and child rights.
Jeremy explains the background of the story here:
Not even the media coverage was enough to bring this child home to his Dad or Mom. This is child abuse. Don’t wait, contact us today and put an end to the legal abuse for all children by learning to fight back with the most-up-to-date breakthrough arguments. Contact us here: www.fixfamilycourts.com/contactus. If you are being attacked by CPS or even the ex, you cannot afford to not have all of the information that no one else has made available because the arguments are unique and crafted by Ron B Palmer and Sherry Palmer to help you win child custody and stop the family courts from violating yours and your child’s rights.