Divorce & Child Custody

Oath Breakers

Lies Family Courts Tell

Have you ever heard a judge say that the constitution does not apply in your case because yours is a civil case between private parties and the state is not a party? This is a lie that family courts tell. If either party asks the court to make a court order, the state is involved and the constitution applies. This book reviews the state action doctrine and shows you what the United States Supreme Court directly said about child custody courts being state actors subject to constitutional limitations on their judicial actions.

Protecting Parent-Child Bonds

The 28th Amendment

A proposed 28th amendment to the United States Constitution that can also be incorporated into state constitutions. This book is designed to get our federal and state legislators focused on the issues and focused on solutions. This book is a call to action and an emphatic statement by parents and prospective parents that we expect our parental rights to be acknowledged and respected.

PRE-TRIAL FRAMING MOTION

Lay the Groundwork

This motion is a culmination of our work to date. It succinctly and directly moves the court to protect your rights based on controlling precedent, cited in the motion, that the court cannot properly ignore. If you could present only one motion, this would be the one to present.

This motion presents our most powerful arguments, the arguments with the most supporting precedent, and the easiest argument for you to present. The arguments raised here demand the highest level of rights protection available in any court and demonstrate that your court is required to apply this level of protection no matter what it may have done in the past.

Our Gold Members can review this motion in the members site and access the detailed training for this motion. This product will provide the motion to you in Microsoft Word format so that you and your attorney can modify the motion for your particular circumstances.

Petition Insert

Start on the Right Foot

Courts must prove their authority to infringe fundamental rights and this insert demands in specific detail that the court do just that before infringing your rights. This insert is designed to be inserted into your original petition to demand your rights in the first and most fundamental document in your case. Pleadings can be amended. So if you have already filed your pleadings, you may be able to amend with this insert. Ask your attorney or see your rules of civil procedure.

This is a sample document to demonstrate how we might use some of the materials from our book, to help make it easier for your attorney to understand.

Substantive Rights Motion

Identifying Your Rights

Substantive rights are those rights that the government cannot infringe at all unless the government first meets certain conditions. Family law courts rarely if ever meet these conditions. Your attorney is supposed to be requiring the court to meet these conditions before infringing your rights but so many attorneys have simply become cogs in the government machinery that they simply fail this essential task. With this motion, you put your court on notice that you understand your substantive rights, that you expect the court to protect your substantive rights, and that if the court fails to protect your substantive rights you will appeal this fundamental error on the court's part.

Equal Protection Motion

The Same Guarantees for Everyone

Family law courts seek to classify or label you as a different kind of parent, as a conservator or noncustodial parent, with lesser rights simply because you divorce or separate from the other parent or you never marry the other parent, and are a single parent. This is a violation of your equal protection rights because your rights as a parent are individual and independent of your marital status. They get away with this because everybody naturally assumes that divorce is cause for the state to intervene and deprive you of rights. This presumption is legal error.* The court may not use your choices regarding marriage as a trigger to invade your individual parental rights. They continue to do so because parents have not fought back with the proper tools and arguments. This motion provides you a tool and well formulated arguments to fight back, to tell the court that enough is enough, and to preserve your right to appeal the court's violation of your equal protection rights.

This sample motion comes with a legal treatise—a white paper explaining the arguments—that can easily be made ready to file in support of the equal protection motion.* Because of our deeply held beliefs about marriage and the authority of the government, our equal protection rights in divorce are difficult for people to get their heads around. This paper explains what we have learned these rights are and where they come from in language the court can understand and in language that helps with any appeals you may need to file.

Procedural Rights Motion

Fundamentally Fair Process

Even when the court meets the substantive rights bar to infringe your parental rights, the court is duty bound to provide fundamentally fair proceedings. This sample motion addresses what we believe are the specific requirements on the court to provide fundamentally fair proceedings.

There are specific actions the court must take and there is a specific test the court must apply before the proceedings can be considered fair. Every case is different and this test must be individually applied by the judge to the specific facts of your case. This is the judge's duty and only the judge's duty.

Your judge is simply not allowed to say that the legislature performed this function in establishing the law because your state's legislature simply lacks jurisdiction to perform this function. Determining whether or not the processes a court provides meets federal minimum standards of due process is a function that only the court can perform.

In our federated legal system where there are both federal and state sovereign governments, no state legislature has any jurisdiction of any kind to establish or alter minimum federal standards on anything.

Pre-Trial Conference Motion

Eliminate the Chaff and Focus

This sample motion is intended to protect you and your child. It attacks the problem at its core. Family courts are regularly violating the rights of children and their parents by blowing past the very laws that limit their discretion. This sample motion provides explanation and training for getting this in front of your judge before the court makes you bankrupt and takes over your life.

The family courts have created a scheme to skirt the protections that your rights provide you. This sample motion peels back these layers by revealing to you and your attorney what they are doing and how they are avoiding applying your rights in your divorce or child custody trial. This sample motion tells them to stop and protects the record. Use arguments like this or lose the protection of your rights. Use this sample motion to help you provide to your attorney information that might help you get justice in an unjust process.

Motion to Remove the GAL

Don't Pay the GAL to Speak Against You

Having a Guardian Ad Litem is generally a bad idea as you can often find yourself being prosecuted by them and having to pay for them to argue against your interests. Fortunately for you, it is blatantly unconstitutional for them to force you to pay for someone to speak against your interest. The Supreme Court just recently reiterated that you cannot compel people to pay for speech because it violates the First Amendment. If you are being compelled to pay for a Guardian Ad Litem the information in this sample motion can shut it down quickly.

Even if you aren't being required to pay for the Guardian Ad Litem, their existence in your case violates the constitution in multiple ways and the information in this sample this motion will help you shut them down.

If you are being hurt by a Guardian Ad Litem and you want to get rid of them, you need the information in this sample motion. If you have an attorney, give them this sample motion and ask them to use the information in it to get rid of the Guardian Ad Litem for you.

Compare the cost of this motion against the thousands of dollars you will be forced to pay the GAL in your case.

Ability to Pay Motion

Defend Against UnJust Child-Support Enforcement

If you are facing child support enforcement proceedings and you do NOT want to go to jail, you need to know how to either meet your burden of proof or how to demonstrate that the standard is unjust and illegal.

In the case of child support enforcement, we have a direct Supreme Court opinion that imposes direct limits on what child custody judges can and cannot do. As usual, the Supreme Court is less than clear in how they express bright line rules in child custody cases, but the Court did, nevertheless, provide us with bright line rules that can keep you out of jail.

Just don't expect your attorney to know these rules or to force the court to apply these rules in your case. That wouldn't be in the attorney's financial best interests. You need this motion to compel your attorney to make these arguments and to measure your attorney's performance in protecting your interests instead of their own.

This Motion provides a strong defense against your being put in jail if you cannot pay the full amount of child-support that you owe. It calls out the BS games judges play to illegally punish you when you can't pay your full child-support amount and it sets the performance bar for attorneys.

Did your judge move the goal posts on you regarding child support and purge amounts? This Motion calls the judges out on their not providing a pre-defined published standard for what is and is not an ability to pay. The court must provide you with adequate notice of the standard it will use because the constitution demands fair proceedings. Judges place the burden of proving inability to pay on you but they keep from you the standard to which you must prove your inability.

Even worse, judges don't even make up the standard in their minds until after you have completely made your case. In other words, they move the goal posts on you after you have already kicked the ball ensuring that, if they want your defense to fail, it will always fail.

The game is rigged against you. Just as Penn and Teller expose how magicians trick you into believing the magic is real. We expose how judges trick you into thinking they are acting lawfully when they are NOT.

If you are facing a child support enforcement hearing and you are unable to pay, you are going to need to do much more than just going in to court and saying that you are unable to pay. First, you have to ensure that there is a fixed pre-defined standard against which your proof will be measured. You need to make them actually show you the goal posts, before you kick the ball, and agree NOT to move them on you while the ball is in the air.

For instance, is there any dollar amount set aside for your actual physical survival before you have to pay the excess towards child support? If you have $10 dollars at your disposal are you permitted to spend it on your one single meal that day or must you pay it to the state?

If you have an attorney and you expect your attorney to raise these simple common sense issues with the court, you are in for a great disappointment. You have to remember that the current vague standard serves to put money in their pockets. Fixing the system isn't in their financial best interests.

To protect yourself from the abuse, shock, and devastation of going to jail because you were not prepared for just how evil a child custody court can be, you will want to get this Child Support Ability-to-Pay motion before your attorney right away.

Use it to start a dialogue with your attorney and to guide your attorney towards the kind of legal protections you know you are entitled. Use it as a standard by which to measure your attorney's performance in your defense. Perhaps you need a better attorney.

Motion In Limine

Blocking Improper Testimony

A motion in limine is a pre-trial motion designed to limit or prohibit certain types of testimony from being presented. If you are asserting your constitutional rights as we teach, then you have raised your First Amendment rights and told the judge that the United States Constitution prevents them from limiting your fundamental rights based on the judge's opinion of your parenting of your child. This motion raises those issues in the context of blocking any testimony where the only purpose is to attack your speech with your child, your relationship with your child, or to attack any lawful parenting choices you have made for your child. Getting that speech blocked drastically alters the nature of your trial and if the judge does not block that speech, you have a specific written error the judge committed that can get the judge's orders overturned.