“The Constitution is the law that defines and limits the powers of government.”[1]
No wonder the state courts have resisted using it in family law. Their powers have gone virtually unlimited. Limited only by their own interpretations of limits and use of their power. This has left families and children at the mercy of the state governments where they reside. This has allowed an industry to grow to epic proportions now making over 40 billions of dollars in revenue off of the pain and confusion that they instill in the process. This has allowed them to take advantage of your fragile state. By not applying constitutional law from the United States Constitution and only apply their individual states constitution and local rules, they have been able to use your children as the mechanism and threat to keep parents in line. I do not see how this is much different than other history where people were threatened to give up their religious beliefs or be persecuted or during the inquisition where individuals were tortured into giving up their beliefs or admitting to things that were not true or they were tortured or ostracized or threatened to lose their freedom or property if they did not give in. This power structure is alive and well in family law courts. My husband studies power, chaos, and constitutional law and legal reasoning and interpretation, and has much knowledge of what it takes to defeat tyranny.
“The laws made by the government specify a set of obligations to and expectations of other people. More precisely rules of law define a set of injuries that the policy has seemed serious enough to warrant using the power of the government, through the court, police, and so on, to rectify.” [2] The laws cannot violate the United States constitution or the interpretations that our U.S. Supreme Court has given.
Let’s look at just one of the ways that family law courts undermine our constitutional parental rights. Divorce is being used as the excuse for “using the power of the government.” This is not a proper cause of action however. All lawsuits require a proper cause of action, a violation of a law. If your divorce is filed under the law of no-fault, then objecting to the court’s use of their power for a “fault” proceeding in your divorce should be an acceptable action.
There is a problem with the way that divorces are handled today. The problem has gotten so huge that attorneys and judges have overlooked the fact that there is no proper cause of action to file a lawsuit in divorce and custody actions. Suing someone for custody and property in divorce is a problem that requires you to now stand up to and fix.
I believe that parents are being taken advantage of in their emotionally fragile state in a divorce. Their entire plans that they had for their future are crumbling before their eyes. They are ripe for a predator to come in and pose as their answer of protection and even revenge. This is why our book is proposing that you use the power that the federal government has provided in their interpretations for you to stop this abuse of power in your life. Troxel v. Granville is where we begin in our book, “Not in the Child’s Best Interest.” We plan to have our book available in a couple of weeks. So stay posted as we will announce its release here, on our website, Facebook page, and twitter accounts.
If you read some of our other posts you will see the patterns that the family law system has and hopefully you can intervene on your behalf and your children’s rights behalf before they cause the damage and destruction in your children’s lives that so many children have suffered. When the law does not presume that both parents have rights to equal time and equal rights to their children, it is unconstitutional, and it is the children that get hurt.
I post a video here from Father’s 4 Justice YouTube channel so that you can read about some of the damage that children have suffered from just one policy enforced by states for generations, the tender years doctrine. The children suffered from loss of their mother prior to this doctrine when the children were automatically awarded to the father’s. Then the court pendulum swung to award to the mothers. Now because so many are in a gender war, the courts feel they have carte blanche to randomly select one parent over the other. Neither selecting the father or the mother has been the right decision. As you will see in the statistics below, children need both parents.
We advocate for passing policies that remove the court’s error or choosing between one fit parent or the other. We advocate for passing the presumption that both parents have rights to equal time to their children as a way to protect the children and their families from having to go broke to fight to keep their children in their lives equally. Parents are doing what’s in their child’s best interest when they fight to have equal time in their children’s lives.
And the U.S. Supreme Court has decided that fit parents decide what is in their children’s best interest, not a court. For a court to say that one parent spends more time with the child than the other, it is violating that parent’s fundamental constitutional right. When you invite the court to decide between two fit parents you invite the government to make error in your child’s life and drive you into poverty proving what you never should have been placed in the position to prove. That is another topic of discussion for another day — that parents should not be placed in the position of having to prove their fitness.
But when you cannot deny the government this intrusion, they are violating your constitutional right to be free of unwarranted governmental interference into your private family affairs. Continuing to tolerate this type of court behavior and being forced into expensive family studies and other examinations and investigations because they have you in fear of losing your children, should be considered abuse of their power and authority. There are more details in our book coming soon, “Not in the Child’s Best Interest.” We leave you with this video to think about why you should do everything to challenge the court from ripping you from your equal rights to your children and why you shouldn’t try to rip your children from equal time with your ex. Parents will need to start adding proper argument in their pleadings and motions, as well as appeals and challenges in order to stop the courts from what we believe to be unconstitutional practices.
