March 8, 2014 § Leave a comment
Nebraska high court again rules father’s consent necessary for adoption
For a second time, the Nebraska Supreme Court has ruled that a father who was intentionally misled about the birth of his child can stop the baby’s adoption.
In a ruling Friday, the state’s high court said the consent of the father, listed in court documents as Jeremiah J., is required by state law for the child to be put up for adoption. Further, the high court said the child’s mother, identified as Dakota D., failed to prove Jeremiah met any of the exceptions for consent because she did not show he had abandoned her or the child or that he would be an unfit parent.
Jeremiah learned in June 2011 that Dakota, his ex-girlfriend, was pregnant. Five months later, he was contacted by an adoption agency caseworker who told him he had been identified as the baby’s father and that Dakota planned to put the baby, due Feb. 18, 2012, up for adoption, according to court documents. Jeremiah told the caseworker he did not want that, then tried many times to reach Dakota, but she did not return his calls, records say.
The child was born Feb. 9, but Jeremiah was not told of the birth. He contacted Dakota on Feb. 13, but she did not tell him the baby had been born. Jeremiah also repeatedly called the hospital and caseworker to try to learn of the birth, but they refused to tell him, citing privacy policies. The adoption was put on hold after Jeremiah filed his appeal.
Dakota later testified in court that she did not tell Jeremiah of the child’s birth because she did not want him to know about it during the five days he had to object to the adoption.
A Hall County court ruled in the mother’s favor, saying Jeremiah could have hired an attorney sooner, but the Nebraska Supreme Court reversed that ruling last year, noting the mother’s deception. The lower court then ruled in Jeremiah’s favor, and Dakota appealed, arguing he is not a fit parent because he has an unstable work history, has used drugs and has a criminal record, among other things.
She also argued that Jeremiah neglected the child after she was born, and did not provide financial support for her or the child.
But the state’s high court rejected those arguments Friday, saying Jeremiah’s criminal record consisted of misdemeanor convictions as a teen. The court also noted that Jeremiah has denied any drug use, and that he has a stable job paying more than $12 an hour.
“And in any event, low income or an unstable job history does not alone establish parental unfitness,” Nebraska Supreme Court Justice Michael McCormack wrote for the court.
The high court also rejected arguments that Jeremiah did not provide financial support.
“Dakota clearly does not want to have Jeremiah in the life of the child, and she chose to not provide Jeremiah with a fair opportunity to offer financial support,” McCormack wrote.
Jeremiah’s attorney, Mark Porto of Grand Island, said the next step will be to file a paternity action in an effort to establish custody and visitation issues.
“He’s thrilled that he’ll be able to be a part of his daughter’s life,” Porto said.
An attorney for Dakota did not immediately return a message left Friday.
Weller children file lawsuit against state DSHS look for scrib link great pleading to educate for future ….
March 8, 2014 § Leave a comment
Weller children file lawsuit against state DSHS
Attorney says agency was told of peril many times before acting
Buy this photoSandra and Jeffrey Weller enter Judge Barbara Johnson’s courtroom for sentencing in Clark County Superior Court March 20, 2013. The Wellers were convicted of imprisoning, starving and beating their adopted twins. Sandra received a sentence of 20 years, and Jeffrey received 21 years. (Steven Lane/The Columbian)
Five children who were abused by their parents in Vancouver have filed a multimillion-dollar lawsuit against the state, alleging that the Department of Social and Health Services failed to adequately respond to dozens of complaints about their welfare over an eight-year period.
Jeffrey and Sandra Weller of Vancouver each were sentenced March 20, 2013, to two decades in prison for imprisoning, starving and beating their adopted twins. A Clark County jury found Sandra Weller guilty of nine separate counts related to the twins’ abuse; Jeffrey Weller was found guilty of 13, related to both the twins’ abuse and assaults against the couple’s biological children.
The children’s Seattle attorney, David Moody, filed the lawsuit on behalf of the children Friday in Clark Superior Court.
One of the children’s teachers alone warned the DSHS a dozen times about possible abuse of the children and urged that they be removed from the Weller home, Moody said.
“He has documents he kept,” Moody said Friday. “He has voice-mail messages. There are a number of educators from the local school district who voiced serious warnings to DSHS over a period of years.”
“Those concerns were ignored every time,” he said.
The lawsuit follows a $54 million tort claim the children filed Dec. 18 with the DSHS. Tort claims give public agencies a 60-day notice of a lawsuit and allows them an opportunity to settle a case before litigation.
In this case, the children received no response, Moody said.
John Wiley, a DSHS spokesman, said the agency often does respond to and resolve tort claims prior to litigation.
“However, this case is complex, involving numerous plaintiffs alleging negligence based on activities that occurred over a number of years. As such, it requires more than the statutory 60 days to analyze and investigate the merits of the plaintiffs’ claim,” Wiley said. “It would not be in the taxpayers’ best interest to quickly make a settlement offer on a $54 million claim without a reasonable and diligent investigation into that claim by the state.”
Wiley said the agency has no other comment on the lawsuit at this time.
“We’ll let the court decide the merits of the case,” he said. “We don’t comment on the merits of the case.”
The lawsuit also alleges that the DSHS failed to obtain Sandra Weller’s Child Protective Services history in California, where she adopted the twins with her ex-husband. There were seven referrals about Sandra Weller’s possibly abusing and neglecting the twins and some other foster children who were in her care between 1998 and 2002, the lawsuit states. At one point, the state of California revoked her foster care license and took the twins into protective custody, according to the lawsuit.
Some of the complaints that Washington caseworkers allegedly ignored included allegations of threats against one of the twins’ lives and withholding food as punishment, according to the lawsuit.
For example, in April 2004, the DSHS received a complaint that Sandra Weller had told the 8-year-old female twin that, “If I had a knife right now, you would be gone,” according to the lawsuit. A month later, the agency received another complaint that the twins were “so stressed they are literally pulling their hair out,” the lawsuit states.
In September 2004, there was a complaint that the Wellers locked food cabinets in the house and locked the children in their room, which had an alarm on the door, the lawsuit says.
DSHS social workers visited the Weller home in October 2004. On Nov. 1, 2004, the social worker concluded that the allegations of negligent treatment or maltreatment were “unfounded,” according to the lawsuit.
The DSHS finally removed the children from the Weller home Oct. 7, 2011, after one of the twins left a note about their abuse at her therapist’s office.
“Please, help,” the twin wrote. “Behind the laundry room door is a big wooden stick covered in blood. They use it on me and (my brother) … If you leave without us, we’ll all ran (sic) away.”
The twins were substantially underweight and malnourished when they were taken into state custody, according to testimony at the Wellers’ trial.
They also testified at trial that Jeffrey Weller, often at the instruction of Sandra, regularly beat them with a 42-inch-long piece of scrap lumber. Police investigators found it stained with blood.
Moody, the children’s attorney, specializes in civil litigation against the DSHS related to the abuse of children or vulnerable adults. He said he won the largest jury verdict award against the DSHS — $17.8 million — in February 2000 in a vulnerable adult abuse case in Pierce County in which he demonstrated that the DSHS was negligent by inadequately investigating abuse allegations.
March 8, 2014 § Leave a comment
Copyright, Child Custody and Cocaine in the County Courts
June 11, 2013 § Leave a comment
Copyright, Child Custody and Cocaine in the County Courts
Once upon a time there was The Steele Law Firm LLC, IL SOS records show it was formed by a 2006 University of Minnesota Law school graduate, John Lawrence Steele Jr. Esq. Billed as a family law firm in 2008 -2011, the Chicago, IL practice, the Steele Law Firm LLC was fighting custody battles and purported pornography pirates. Yes, budding family law attorney, John Steele was devoted to saving children and the tranny porn industry! He started filing suits against 1000′s of John Does, dubbed himself the “pirate slayer” and set out to make cool millions! Despite John Steele having a fine ring to it for a porn name, perhaps the Steele Law Firm wasn’t catchy enough for copyright trolling; seems Steele decided to try on some other names: Media Copyright Group, Steele Hansmeier, Prenda, Anti-Piracy Law Group and the Chicago Family Law Group LLC. Maybe it still wasn’t quite the right fit because in a rather complex web of “stories”, Steele claims to have retired, sold his family law firm to Peter R. Olson of the Peter Olson Law Firm and blogger extraordinaire Solo in Chicago.
Craigslist, where the finest lawyers come to but and sell law firms!
Now, according to a Solo in Chicago blog post by Glenview, IL native and Domestic Relations attorney, Peter R. Olson Esq. – in October 2008 he was checking out Craigslist, looking for God knows what; and he found a law firm for sale. By golly, it just happened to belong to his buddy, John the Pirate Slayer Steele! Despite the fact that Peter Olson had his own law firm and his Des Plaines condo was being foreclosed on and he was being sued by multiple creditors the purchase of a family law firm associated with pornography must have struck him as a solid investment.
No offense to Craigslist! Craigslist is great! Everyone knows that you can get some wonderful and affordable items on Craigslist: intimate encounters, a dorm fridge, slightly used slipcovers, re-homed lawn gnome, law firms – you know, really important stuff! A quick look at the Cook County docket shows that Mr. Steele seems to have dropped all but one or two of his special family clients in the summer / fall of 2011. But who needs clients when you’ve got a *found it on Craigslist* law firm to control! There is still no clarity about who actually owns the Steele Law Firm turned Chicago Family Law Group. Court documents show over a year of changing names, attorney, and firms numbers and stories with no end or truth in sight. Surely, NO ONE has ANY suspicion that they are laundering copyright money through that family law firm. No, doubt the Criminal Investigations Unit of the IRS won’t have any questions about Steele or Olson’s explanation about THAT firm. <cough*cough> Especially after that deposition about not paying any taxes! Nevis? St. Kitts? Offshore accounts? Trusts? Really? Come on guys who owns the CFLG?
So what happens when lawyers go rogue?
Despite Steele’s claims of retirement and the Prenda was solely owned by attorney, Paul A Duffy, Steele seemed to be popping up all over the country at all sorts of court dates. As Steele showed up in court room after court room, some other things seemed to follow. Yes, it was an outcry from many of extortion, lies, belligerent pleadings, threats in the hallway, improper service, questionable rulings in questionable places, and altered states. Claims of identity theft, forgeries, and out and out lies. It seems everyone affiliated with Steele stands accused of being involved with fraud. In time it seems most of the country caught on to the tricks and were no longer going to be fooled by troll games. On May 6th 2013, the Honorable Otis D Wright II issued an order for sanctions against Steele and some his minions in the form of 81k, a referral to the IRS criminal investigations unit and United States Attorney Office and the state and federal bar associations. Further, Judge Wright used words like “moral turpitude” as he described Steele, his minions and their business model. Still Cook County and St. Claire County seemed to be very willing to indulge the same behaviors that other federal court judges felt to be possibly criminal in nature. Oh the men of Prenda fought hard to sue the internet or anyone that dared to speak out about their experiences with Prenda or Steele and they fought to do it in St. Claire County. Gosh, hate much?
Rut-Ro-Raggy! The Feds want to talk to ya!
But it seems that there is a little problem, the Feds are in St. Clair County. Moreover, it seems that a buddy of Steele, James Fogarty was dealing some coke to some judges, Cook and Christ. Christ died of an overdose of cocaine allegedly provided to him by Fogarty. It looks that the drugs and mess don’t begin or end there or with those three people or that court system.
Bloomberg News and fightcopyrighttrolls.com both touched on the Steele – Forgarty connection or at least what they knew about at the time. But is there more to that story? Read the news of the impact that cocaine had in the St. Clair court cases, is it any different in Will County or Cook County?
There were a lot of questionable rulings and the cocaine / dealer connection now explains much of how those rulings came to be in St. Clair Co. but what about the other counties?
Great! We’ve got judges on drugs making rulings for their dealer and Steele is sending dealers to do his dirty work.
How can the average litigant stand a chance of receiving any sort of justice when they are up against attorneys that are allowed to practice despite the overwhelming evidence of their abuse and misuse of the legal process. Seriously, what sort of world do we live in where it’s okay for a lawyer to send a drug dealer to someones home to “serve them” legal papers. Papers which are now really under-fire because a tsunami of evidence has surfaced to show that the “pirate slayer” is really the honeypot pusher. Could it get anymore disgusting?
How can anyone get a shot at justice when the judge is indebted to their dealer; to keep them supplied with cocaine and heroine and to keep their drug problem a secret? It’s an environment where blackmail and extortion flourish and the innocent suffer the worst consequences. St. Clair news has already reported on how rulings were made in favor of the dealer. If you look at Cook County and Will County, is any different? When judges and lawyers get caught up in child porn, trafficking, drugs and dirty money - it’s clear that rulings are made based on vices, not the law.
What about the children in family court? Is this why so many rulings appear to defy both man and God’s law? If it’s not because of a vice, why are so many people crying out with nearly identical stories about their children being sent to live with their abuser? How does the court justify cutting off all contact with the protective parent? Now that the court has embarrassed “Parental Alienation”, how come they always seem to accuse the non-alienating parent of alienation? What is seen frequently is that the alienating parent pretends to be the “friendly parent” and accuses the other parent of PAS. The court then places the child with the REAL PA parent on the grounds that that parent will foster a relationship with the child and the other parent and then the REAL PA parent joins the court in cutting off all contact with the other parent akin to a termination of parental rights. Why isn’t THAT parental alienation? Why are children so frequently turned over to abusers despite the overwhelming evidence? There are cases where the parent is clearly involved in drugs, child pornography, sexual abuse, and other harmful behaviors and the judges punish the parent that offers the court proof. It almost seems like the more evidence the protective parent has, the worse the ruling. The parents with no evidence of abuse and false allegations win. The parents with pictures of the other parent watching child porn on the computer and witnesses of physical abuse lose. Good parents are disposable. Unlike coke and porn, good people and good parents just don’t seem to have much value anymore.
Looking at the fall out in St. Clair, the news lists some rulings that were not made because of the law or the merits of the case, the rulings were made based on vices and personal issues. This has to be eradicated. The very purpose of the legal system is to enforce the law for the betterment of society. When lawyers are allowed to use forged documents, extortion and break the law – justice is denied. Evil prevails. When judges are beholden to their dealers, the law becomes useless. The best pleading or the most skilled lawyer won’t help the case, because it’s decided on a drug deal, not the law. We might as just cancel court and send the judges home, because noting good comes of this situation.
It’s great that the FBI is investigating St. Clair, but they need to come take a look at why Judge Pornlito was allowed to sit on the bench in Will County watching porn on the county computer on the tax payer dollars while making decisions about the futures of children and families. They need to look at why the Cook County Judge(s) in the Lucy Vega case doesn’t want to see the evidence of the father allegedly watching child porn. They need to look at why so many complaints about Due Process and abusive and erratic behavior are posted on the Robing Room about Judge Raul Vega in room 3001 at the Daley Center. They need to look at why Child Representative Jerry S. Goldberg used someone with a history of domestic violence to provide “professional supervision” between alleged abusers and their children. How about the DOJ coming in to take a look at the blatant ADA violations?
It wouldn’t take a big fancy sting. It just takes sitting in a few court rooms for a few days and taking a look at the records. (The complete record)
A check on the ARDC web site shows that John Steele, Peter Olson, and Paul Duffy are still free to practice law today. The judges of Will and Cook County go unchecked.
WHERE ARE THE CHARGES?
We need more Judge Wright’s – to judge right. We need eyes on the court and people to speak out about it and not shut up until the problems are fixed. We need the FBI to look at the similarities in judgments in Will, Cook and St. Clair Co. – maybe that won’t be the only similarity they find. The common threads might be right in front of their eyes. Really, right in front of your eyes.
Thank you for visiting today’s blog posting Willcountyprose @ http://willcountyprose.wordpress.com/
Be sure to come back and read the extra special mid week blog post.
Special thanks to the good guys – doing good work. I like your suit. You do this country proud.
Thanks to the judges and attorneys that are doing a stellar job. Your services are deeply appreciated.
Justice will out!
Read more about Judge Otis D. Wright II and his outstanding command of the law and justice:
Read more about Lucy Vega’s battle to save her son:
Read more about Prenda and his purported porn piracy shakedown:
Read more about the man child rep, Jerry Goldberg used to provide professional supervision between parents and children:
Read more about the rulings St. Clair Co, IL judges made in favor of their drug dealer:
Read more about the suspected collusion between Prenda attorneys and opposing counsel in Cook co and St. Clair co.:
*Be sure to read the “Agreed Orders” linked in the FCT web site. Look familiar?
Read more about what happened to The Steele Law Firm LLC and Chicago Family Law Group LLC:
Read more about how “SJD” (Sophisticated Jane Doe) and Die Troll Die successfully kicked off a movement to fight back against abuse of the legal process:
View the interactive timeline, map and cartoons of the evolution of IMHO fraud:
The timeline has some links to some documents that you might not have expected. Over 360 & growing!
March 8, 2014 § Leave a comment
Family Court tightens procedures after breach of sensitive juvenile case files
LAS VEGAS REVIEW-JOURNAL
A security breach of sensitive information from sealed juvenile delinquent cases at Family Court has left administrators scrambling to notify the people involved and tighten procedures for dealing with those kinds of cases.
The breach occurred in late January when a Family Court contractor, Linda Martinez-Webb, lost a USB flash drive holding 100 confidential juvenile case files, many involving allegations of sex crimes or abuse, said Steve Grierson, who oversees District Court and Family Court.
Martinez-Webb, a retired longtime Family Court clerk, was hired in January to redact the names and personal identification information of juveniles and other people connected to the cases and then copy the cases onto flash drives for a researcher studying recidivism for the court, Grierson said.
Roughly 50 cases on the missing thumb drive had not been redacted, Grierson said.
Martinez-Webb, who retired as a supervisor in the clerk’s office, told court officials that she didn’t know how she lost the flash drive and felt terrible about what had happened. She insisted that she only worked on the case files on Family Court computers.
On Feb. 12, a man Grierson called a good Samaritan informed the district attorney’s office that he had found the drive at a Walgreen’s drug store and turned it in to authorities.
Court officials didn’t learn until after the flash drive was found that it had been taken out of the courthouse at 600 N. Pecos Rd.
Officials terminated their contract with Martinez-Webb shortly after she reported the drive missing. She was being paid up to $10,000 under the contract to redact and copy 1,000 cases for the study, but had only gotten to 200 cases.
Assistant District Attorney Christopher Lalli said the man who found the flash drive told the prosecutors that it contained information on juvenile sex offenders, and he asked for a reward.
The man was told there was no reward and that he should give the flash drive to Henderson police, Lalli said.
Eventually, the drive wound up at the district attorney’s juvenile division, where it remains today under lock and key.
Brigid Duffy, who runs the juvenile division, looked at the thumb drive and recognized that the cases were part of the recidivism study and informed Family Court Judge William Voy, who is overseeing the study. Then, Lalli broke the news to Chief District Judge Jennifer Togliatti.
Grierson said he was “surprised” and “upset” when he first learned about the breach.
It is the first time something like this has occurred at Family Court, and he stressed that sealed records are safely maintained by the court.
“This is a human error,” he said. “It’s not somebody tunneling into our network through a firewall.”
Chief District Judge Jennifer Togliatti added: “We have no reason to believe it was anything more than an accidental loss of information, but this should not have been out of the building.”
Court officials have since assigned administrative staff to finish purging the juvenile files of names for the study, and Grierson said he’s working on a written policy to deal with handling future research and sensitive Family Court files.
By state law, court officials have to notify anyone whose identity could have been compromised by the breach in a timely manner.
The notifications, however, can’t be done if they interfere with a criminal investigation.
The district attorney’s office isn’t conducting a criminal investigation into the breach, but Grierson said he wants Las Vegas police to look at the case, interview the man who found the flash drive, and wrap up any loose ends before officials make notifications.
Officials were trying to determine whether anyone other than the good Samaritan saw the files.
Both Grierson and Lalli declined to identify the man.
Connecticut Task Force hears accounts of victimization by family court?The appearance the rbi is listing other cities.
March 6, 2014 § Leave a comment
CONNECTICUT, March 1, 2014 — More than 80 parents testified before the Connecticut legislature on January 9, 2014, providing heart-wrenching details of victimization by the family court.
The hearing, called by Connecticut’s Legislative Task Force on Family Courts was an effort to uncover the truth about the atrocities by the Court.
Some have argued that the actions of the Connecticut family courts resemble human trafficking.
Article 3, paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons defines Trafficking in Persons as”
“the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.”
A small group of judges and mental health professionals in Connecticut appear to have manipulated the fact that fit parents will do almost anything to rescue their children to hold those families hostage. These individuals warped the law so that victimized families could not object or refuse to participate, or risk losing their children forever.
These families are literally dying for custody, but who would believe divorcing parents over the opinions of such highly regarded professionals?
The energy in the legislative hearing room that day was not stuffy, cold or formal. As victimized parents gathered in greater numbers, the room became charged with tension that felt more like a gladatorial arena preparing for a fight between David and Goliath.
The ten member panel sat divided in half on a stage. Some task force members seemed adversarial to the prospect of meaningful systemic reform, perhaps due to their own conflicting financial stake in maintaining the status quo.
Several mental health and legal professionals affiliated with the Association of Family and Conciliation Courts (AFCC) seated on the top tier, while a Judicial Branch manager and a female State representative sat between two task force members affiliated with the National Parents Organization, a father’s rights group formerly known as Fathers and Families. A few legislators sat in the fringes, listening with their jaws on the ground as the horrors unfolded.
Parents nervously paced the hallways, clutching and memorizing statements many had to wait 15 hours to give. Although the parents came from all different walks of life, they all had the same story about how they had been fleeced by officers of the courts and falsely discredited.
Although the majority of attendees were men and fathers, there was a consensus that this was not about gender as much as about making sure the legislative branch of government understood how the judicial branch had failed them.
Parents explained how they lost everything in the scams, and put their billing records on the legislative record to prove it. Many privately admitted that after going through the courts, they no longer believed in God, but today they had placed their faith in the legislature and the press to renew it.
Perhaps the AFCC professionals who had ruled the courts for decades with their cronies expected that that they would dominate the legislative hearing, but this was not their property and so there was no pretense of respect or formality when attempts to abscond were made. At times, parents and members of the panel exploded with anger at each other for dragging things out, hurling accusations of fraud and corruption at each other. Afterwards, they retreated to their corners to lick their wounds, get a drink of water, and rest until the imaginary bell would ring, letting them know it was time to get back in the ring.
During the 14 hour hearing, drama was at a premium. Grown men and women cried with sadness and frustration as they spoke of the loss of their children and their life’s work. The halls were littered with devastated parents and professionals who sobbed after telling their stories, comforting one another over the loss of a murdered child or a childhood home. Childless mothers said lives no longer had meaning and they would kill themselves but for the fear of leaving their children alone in the hell the courts had taken them to.
At one point, an industry professional normally kept tucked safely away from such tragedies at a nonprofit legal clinic asked, “Is it really this bad?”
“Yes,” I said. ”It’s actually far worse when you think of all the fearful litigants who are not here.”
It was literally do or die time for these families. It had become clear that the consequences of not speaking out were more catastrophic than any potential retribution a litigating parent might experience in return for their testimony. With the sale of the BrooklynBridge pending before the task force, these parents had no time to waste. On that day, they placed their faith on our Constitution’s separation of powers doctrine with the hope that legislators would impose justice reforms that the judicial branch had refused to consider while Connecticut families were destroyed in their courtrooms.
The consensus was that Connecticut’s family courts have evolved into an unregulated multi-billion dollar industry that represents a real threat to public safety.
KIDS FOR CASH OR ASYLUM RULES?
When you go to a court hearing, there is one judge who controls all communication in the room to ensure only one person is speaking at a time. This can be torture for a parent who is not on the stand and filled with anxiety while listening to corrupt professionals testimony in ways that might result in harm to their families. Yet judges can fine, arrest, and jail you for speaking out of turn in court, a scenario unlikely to play out in the legislature.
For a year, I reviewed hundreds of cases and watched in horror while Connecticut family court judges allowed bogus testimony intended to make violent offenders, even pedophiles look like model parents, while fit parents without criminal records who tried to rescue their kids from dangerous situations were made to appear mentally ill.
Covering the story of court corruption for over a year, I had listened to numerous accounts of children who had been raped and brutalized under the careful watch of the family court industry. I had held my breath in court hearings while judges whose questionable financials I had reviewed called themselves impartial fact finders, then allowed outrageous miscarriages of justice to occur. These findings terrified me so much that I wrote the first two articles of the exposé under a pseudonym to protect my own identity from the predators I exposed. But I quickly found support from professionals and parents shunned by local media who said release of this type of information was long overdue.
This type of brazen misuse of mental healthcare assessments and ex parte hearings were the main vehicles used by predatory family court industry professionals to justify custody switches placing children in the care of violent offenders (like Joshua Komisarjevsky), then opening up the floodgates to years of profitable extortion based litigation services. It didn’t seem to matter if the parents wanted or needed the services or whether they could even afford them because the parents couldn’t object or take their business elsewhere. The families were never the intended beneficiaries, the professionals billing them were.
In these types of cases, the fit parent always vowed they would never stop fighting for their child, but in the end they would always be bankrupted out of their parenting rights by court ordered therapists and evaluators who didn’t take their insurance, visitation supervisors who knew their services wouldn’t be needed if they wrote reports favorable to children, and GAL’s who had barely met the kids they represented and billed parents they barely knew hundreds of thousands of dollars for services no one could verify. If parents didn’t pay up or complained, the professionals often testified in court in ways that made them look unfit and their kids were taken away. The parents themselves had nothing to show for their money except a path of devastation and a child whose life still hung helplessly in the balance.
Often I’d seen cases where judges acted more like collection agencies for unethical and greedy GAL’s engaged in outrageous misconduct who filed outrageous billing statements and motions to place liens on the parent’s homes, wages, pensions, even the kid’s college funds. Many times, parents I had spoken to were thrown in jail for nonpayment at the be haste of a GAL or judge who argued it was in the children’s best interests. As if the kids needed these bogus professionals more than they needed survival necessities like access to their parents, a home, or a few bags of groceries.
When the parents ran out of money, the Public Defender’s office and family court industry nonprofits funded by the taxpayers would pick up the tab. At one point last spring, I’d tried to obtain some of the payment records from the Public Defender under the State’s open records laws. When the agency refused, a hearing was held before the State’s Freedom of Information Commission in Hartford. The Attorney General’s office represented the Public Defender’s Office and I was alone and pro se. The Attorney General must have thought this was important because he called the Public Defender’s top 5 administrators (all attorneys) to take time off from their work defending the litigation embroiled poor to serve as witnesses. I’m sure some of these victimized childless parents would have appreciated the same type of zealous advocacy when it came to all the failed opportunities the state has had to rescue their kids, but chose not to.
The appearance of cannon violations .How long do we let these people that are public servants commit unethical and statutory fraud get away with it and the people they screwed over just suffer?
January 15, 2014 § Leave a comment
Embattled Family Court judge seeks re-election
LAS VEGAS REVIEW-JOURNAL
A criminal indictment, a suspension and a finding that he committed professional misconduct did not stop embattled Family Court Judge Steven Jones from filing for re-election Tuesday.
Jones threw his hat into a ring with four challengers, even though his popularity has declined sharply in recent months because of a string of scandals.
Four lawyers — Rebecca Burton, Lynn Hughes, Michelle Mercer and Marsha Kimble-Simms — all have filed to run for his Family Court seat.
Jones was first elected to the bench in 1992.
“The guy’s got a lot of nerve,” said longtime child advocate Donna Coleman. “There is something to be said that there is no bad publicity.”
Coleman said Jones would not be in a position to run for re-election if the state appointed judges rather than elected them.
“I don’t think he could possibly win unless he gets the lamest opponents on the planet,” Coleman said.
Coleman said she doesn’t think Jones was a bad judge. But she added, “I just think he is a bad example for anybody because of his personal decision making.”
William Dressel, president emeritus of the National Judicial College in Reno, said all of Jones’ personal troubles aren’t going to play well with the voters.
“I think the voters would be very concerned with somebody like that being up for re-election,” Dressel said. “He’s going to have a lot of trouble raising money.”
The judge’s lawyer, James J. Jimmerson, could not be reached for comment late Tuesday.
Last month, the Nevada Commission on Judicial Discipline found that special prosecutors proved “by clear and convincing evidence” eight of the 12 charges filed against Jones in December 2012 stemming from his romantic relationship with the late former Deputy District Attorney Lisa Willardson.
Jones, who is under a federal fraud indictment, discovered Willardson’s body in the bathroom of her Henderson home on Dec. 26, the same day the commission’s decision was first made public in a Las Vegas Review-Journal story. There were no signs of foul play, and the coroner is waiting for toxicology results before ruling on the cause of her death.
The commission’s special prosecutors had accused Jones of violating rules of the Nevada Code of Judicial Conduct that require judges to comply with the law, avoid the appearance of impropriety and conduct themselves in a manner that promotes public confidence in the integrity of the judiciary.
He faces a Jan. 27 public hearing before the commission on a wide range of possible sanctions including another suspension and removal from the bench.
Special prosecutors proved all three counts were tied directly to the judge’s relationship with Willardson, which began in 2011, the commission ruled.
Two of the counts alleged Jones improperly maintained a “close social and personal relationship” with Willardson between October and December 2011 while she “actively litigated cases” before him and then did not disqualify himself from her cases.
The other count accused Jones of interfering with the efforts of then District Attorney David Roger to remove Willardson from a child welfare unit that prosecuted cases in the judge’s courtroom.
The commission also found that prosecutors presented strong evidence to sustain three counts accusing Jones of using his judicial office to help Willardson prepare a response to a State Bar of Nevada complaint against her stemming from their romantic relationship.
Jones was suspended by the commission after his November 2012 federal indictment. He has been receiving his $200,000 annual salary since then.
The indictment alleges Jones used the power of his Family Court office to carry out a $3 million investment fraud scheme with five other defendants between 2002 and 2012. His trial is in March.
The commission has been investigating similar financial fraud allegations against Jones, but that case, which dates to 2006, is tied up at the Nevada Supreme Court.
Jones traditionally has received high marks in the biannual Judicial Performance Evaluation sponsored by the Review-Journal.
In the 2011 survey, 70 percent of the lawyers who rated Jones said he should keep his position. But in the just-released 2013 evaluation, his popularity took a nosedive.
Only 30 percent of the respondents thought he should be retained. That was the lowest score of the 90 judges evaluated in the various local courts.
Contact reporter Jeff German at firstname.lastname@example.org or 702-380-8135. Follow him on Twitter @JGermanRJ.
Federal lawsuit adds to allegations of excessive force by family court marshals and the appearance of judges as well
October 28, 2013 § Leave a comment
Federal lawsuit adds to allegations of excessive force by family court marshals
By Martha Neil
Oct 24, 2013, 12:40 pm CDT
A federal lawsuit alleging that Nevada family court marshals threw a man headfirst onto the concrete floor of the Las Vegas courthouse for no good reason is the latest development in an ongoing saga of allegations of excessive force and improper conduct at the court.
A poor-quality video of the February 2012 incident appears to offer some support for the claims made in the suit by plaintiff Peter Peterson, 42, who said he had been put in restraints prior to being thrown to the floor, according to the Las Vegas Review-Journal.
Marshals said in an incident report that Peterson was confrontational and tried to incite bystanders, but a witness complained in a 911 call that the marshals harassed Peterson and slammed him into the floor, the newspaper recounts.
The suit comes in the midst of a federal grand jury investigation of allegations of excessive force and improper conduct by family court marshals, and the FBI has sought records of internal investigations at the court, which is a division of Clark County District Court, the article says. The newspaper relies on unidentified sources for information about the ongoing probe.
Peterson contends in the suit that he was attacked after he complained about security procedures and alleges that a long-standing policy of ignoring and minimizing excessive force incidents have resulted in marshals feeling “empowered to harm citizens, knowing that there will be no punishment after the fact.”
A subsequent Las Vegas Review-Journal article says the FBI is interviewing both current and former court employees about both allegations of excessive force by the marshals and claims of a cover-up when complaints were made.
The Las Vegas Review-Journal has also editorialized about the allegations, saying that changes are needed now to ensure citizen safety in the courts.
Spokeswoman Mary Ann Price said court officials are cooperating with the FBI. “Court administration had advised the FBI of investigative files that upon subpoena would be provided,” she told the newspaper.
Another federal lawsuit was filed earlier this year over alleged groping by a family court marshal, and a judge at the family court is facing a legal ethics case over claimed conduct unrelated to the excessive force allegations.
ABAJournal.com: “Vegas Judge, 5 Others Federally Indicted re Claimed $3M Fraud Scheme”
ABAJournal.com: “Ex-prosecutor won’t be disciplined for relationship with judge”
Las Vegas Review-Journal: “Victim of Family Court groping incident files federal lawsuit”
Las Vegas Review-Journal: “Family Court judge argues disciplinary case against him shouldn’t continue”
September 9, 2013 § Leave a comment
Family Court is the nation’s largest court. It’s the one court most used most often, media nearly wholly ignores. Occasionally, one breaks through. Such as Rupert Murdoch filing for divorce from his very supportive, wife Wendi. Who once protected Rupert from a pie attack.
September 1, 2013; Two basic tips for divorcing a crackhead. (Listen up Kloe Kardashian)
1. Ignore anything the individual says,
2. But pay very close attention to what the crackhead does.
We offer this as family court – long completely dysfunctional, has now turned for want of a better word, lunatic. How else could a child rapist Jamie Melendez,demand visitation rights?
The problem is partly, media.
September 1, 2013.Reporters used to describe Familylawcourt litigants as “disgruntled.” No more. Judges accused of plotting to kill their ex-wives, help end that practice. Thanks Judge Christopher Dupuy! Now. if only officials would be as concerned with talk of killing his ex as they are with the eight counts of retaliation against attorneys representing ex, things would be better. (In fairness, it is Texas.)
May 22: 2013 - DATELINE Update
May 20, 2013:GO DAD! Producer Brian Grazer asks Court for less nanny, more Dad, afterstating nanny fed her racist views to kids, along with meals. Ex-wife Gigi has yet to respond.
May – 2013: DATELINEto air this feature the last week in May. (As with all things, schedule subject to change.)
For the short version, click here.But in a nutshell, Government has essentially abandoned women, who continue paying taxes for police services, the police refuse to provide. Non-profits are involved, but only in a self-serving kind of way.
Moving along. The documentary “Don’t Divorce the Kids” doesn’t cover a key aspect to family court: That therapists or the threat of therapists is generally a game changer. See Katie Holmes divorce, or the brilliant report by the California appellate court opinion in Tharp vs. Tharp….which echoes what various litigants have been reporting for decades.
But wait there’s more!
The con of “domestic violence.”
Familylawcourts.com exposes non-profits purporting to “address” Domestic violence, are in fact, secretly lobbying against the solution empowering women to save their own life. That is real-time GPS that would warn potential ahead of time, and in time to vacate an area. See two videos here.
The dirty secret of non-profits is this: crime pays. California’s largest non-profit, “The California Partnership to End Domestic Violence knows this. Which is why they threatened legislators they would pull their support of Kathy’s Law if Family Court was included in the law. See the Non-profit section for details. We encourage legislators to resist their grant requests, and others to resist their seemingly endless fundraisers and donation requests.
Also see the Predictive policing section.The police are keen on predictive policing software as long as it is used for property. Lives? Not so much. But then, the police have their own issues with women. They don’t want to take reports involving Family assaults. See graph here. The upshot being women pay taxes for police services the police refuse to provide. This is not a secret to government officials. Which is why the killings continue.
But wait there’s more!
Breaking: Double murderer Jeremy Peoples wins custody of his two kids upon release from prison. Colorado Magistrate Magistrate Ruben Hernandez said the parental bond was “sacrosanct.” The kids aren’t interested, but no one is listening them them.
But wait there’s more!
Also, for the five people in America who didn’t know Fox’s Bill O’Reilly care nothing for family, please review the lengths O’Reilly went to alienate his kids from their mom, at the Parental Alienation section of this site.
Feb. 3, 2013: Indiana’s Stephen Perry asks black co-worker to find him a hit man so he doesn’t have to go through a divorce. Perry’s thinking was his black co-worker would know who would get the job done. “I just want this to be over and done with,” Perry said, according to a five-minute recording described in the affidavit. “So if she dies, I can drop the divorce lawsuit, she’s dead and I’m free.”
November 13, 2012: Generals David Petraeus and Allen Wood implicated in custody action of Jill Kelly’s sister.
Recent: November 2, 2012: In an age of “Super Lawyers” consider this Dallas and Plano group from Texas. It kinda makes one wonder about what exactly makes a group of seemingly sexist attorneys, “Super Lawyers.”
Mitt Romney involved in divorce action isn’t as surprising as people might think, given his position as church elder. As reported by TMZ, Mitt committed perjury in an earlier deposition in the very protracted, very messy divorce of Staples’ Tom Stemberg. Supposedly Mitt claimed Staples stock was overvalued.
Problems with the police and the utter failure of the courts, including up to the 9th Circuit are demonstrated at the Bad Cop section, under “From bad to Incomprehensible.”
Seldom reported by media is the men who choose murder over divorce, because DAs seldom prosecute family crimes, until the after the fact, murder. Also problematic, the long history of abusive-to-criminal, police officers, and their failure to investigate family crimes. This is a top-down, problem.
As Family Court is typically devoid of media attention, Familylawcourts.com explains why the Family Court system isn’t broken, but one which morphed into an out-of-control, unregulated, litigation machine benefiting those employed in the divorce and custody industry. Family court litigants (and reporters) learn Family Court is no longer a forum to resolve issues, but a platform for continued litigation until the children age out. However as an income-producing fuel source, it can’t be beat.
Gov. Brown signs Kathy’s Law on September 24, 2012. But women are not safe in family court because the California “Partnership” to End Domestic Violence, lobbied hard against protecting women via GPS.
See video on the Restraining Orderpage to understand how real-time GPS works.(We especially like the siren.)
Meanwhile, Montana Judge Richard Cebull demonstrates why, since misogyny is our national culture so many women wind up dead after simply trying to leave a relationship. He’s retiring and the 9th Circuit has shelved the investigation into Cebull’s conduct.
Meanwhile, lack of competent reporting remains significant in the nation’s largest, most used most often court.. And now this:
Call us flabbergasted: Kate Elizabeth Queram writing for theWisconsin Reporter, writes of a bill co-sponsored by Rich Zipperer, RD-Pewaukee, and supported by the Sheriff’s Association, which would allow criminals who repeatedly violate restraining orders toeventually be put on GPS. No explanation why these criminals are awarded so many freebies before the courts decide they should be held accountable.
Unfortunately, media disinterest in the lack of police protection which both standard, remains world-wide.Judges can end relationship murders, but they need encouragement. PleaseSign this encouragement.
The materials on this site demonstrate the perfect failure of individuals, media, government, and non-profits claiming their goal is to end “domestic violence.” Meanwhile the murder rate continues to climb although the solution, GPS with Victim Notification is available.
Cost-effective while empowering victims to save their own lives, the lack of wide-spread use of GPS with Victim Notification instead demonstrates government’s lack of regard for individuals and the family.
However, one must always be hopeful the solution will be embraced soon so lives will not continue to be needlessly be lost.
Always keep your eye on the judge.
The Charlie Sheen – Brooke Mueller custody case provided an excellent demonstration of terrible coverage when it could have ramped up public awareness of the reality of Family Court. (Ex-parte restraining orders being a standard-issue strategic tactic.)
The early advantage to Brooke for using Charlie’s Porn Love Goddesses….and “violent love” to change the visitation time.
Counter went to Sheen for taking advantage of Mueller’s repeatedly choosing to use drugs, although as long as Brooke’s mother steps in, Brooke has (at least in her mind) no reason to stop. Unfortunately, competent reporting was not a result.
One concern was Judge Hank Goldberg never, on his own motion, called for supervised visitation of the children although clearly aware there is much drug abuse on both sides of the case.
As the Sheen-Mueller pattern seemed lost on Judge Goldberg our secondconcern was that Judge Goldberg put the children at risk by not appointing counsel for either child.
A third concern was Judge Goldberg did not order mental health evaluations for either party.
But our fourth and deepest concern was once Judge Goldberg suspected abuse, short-hand for criminal activity, he kicked media out of the court…anddidn’t refer the matter to the police or CPS.
Why did not one media outlet not report that?
This ongoing lack of action on the part of Judge Goldberg does not appear to be in the best interests of the children, which is supposed to be the standard Judge Goldberg bases all orders.
Didn’t work. Bernie Madeoff victim and real estate attorney Steven Simkinwanted a “Do Over” in his 2006 divorce settlement.
Simkin and his wife of 33 years agreed to distribute their assets more or less equally; with Laura Blank taking hers in cash, and Simkin investing his with Madeoff. Guess who wants the do-over?
The Sub-title in this NY Times piece should have been, “It’s a win for attorneys either way.“
Simkin lost. There are no do-overs in a divorce.
Returning to the need for competent reporting, the question in need of an answer remains the same:
Never mind Kelsey Grammer’s custody ploy, keep your eyes on the activities of the judge.
Less known, is the courts routinely compel so-called Mental Health experts to weigh in – at significant cost. Or that ultimately, these so-called experts, control the case.
The attorneys are essentially out of it. (This information generally comes as news to the client.) In some family court they are identified as Custody Evaluatorsand should be avoided at all costs. Sometimes they’re just referred to as therapists. Although as these cases reveal, these so called “professionals” are seldom vetted.
Although we looked forward to Judge Goldberg applying the best interests of the children in his rulings, it never happened.
Currently, it appears Judge Goldberg gave in to the attorneys for both. Judge Goldberg at the very least, could have included Supervised visitation for both parents. Instead, the children remain, at risk.
We are mindful however, that Supervised Visitation is the very first step in the process of Courts facilitating parental alienation.
We are also mindful Supervised Visitation is also the process used to adjudicate family related crimes, in the form of dumbing down language.
(How else could kidnapping be described as “parental abduction?”)
Sadly, Judge Goldberg invoked no standard of behavior for either parent.
and without any media attention.
Also, and fyi…31 states don’t have lawsprohibiting rapists from asking for custody. As such women should be aware it’s a stacked deck. And then there’s government. From Law Enforcement, to the courts; and too cozy relationships with so-called special master “therapists” children simply aren’t safe.California Family Code Section 7507, states:
“The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, or by the child’s relative within the third degree, or by the supervisors of the county where the child resides; and when the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.” This code is largely, useless; as the County, at least in San Diego, refuses to act. Please advise if County supervisors in your county are better.
NY: No media unless a judge like Judge Gerald Garson comes along. Match Judge Garson with the extremely unlikelyoccurrence of a DA’s office that actually listens, and pretty soon the judge and other court officials are arrested. The Judge for accepting bribes. (Note: Family Court judges not being different than other judges.)
However, for the most part, the non-criminal part, judges demonstrated a propensity to rubber stamping reports from unqualified “experts.”
Click here for a State Audit of Marin and Sacramento which revealed the courts continue to appoint unqualified (and in some cases, unlicensed) attorneys and therapists. Check out Seattle for how one “highly respected” therapist fought his way back in the system, to continue shredding lives with the help of State officials and various Psychology Boards.
Crooks are not just in family Court. Consider Federal Court. Richard John Schwalbe, a court Appointed consultant in Bankruptcy cases just pleaded guilty to embezzling 1.4 million from a tech firm. Schwalbe is on house arrest until sentencing with the home he shares withCheryl Clarke. Clarke works as a fundraiser for non-profits.
Separately, media labors under the false assumption because Family Court is a civil venue, family court judges aren’t ordering litigants to jail.
New York’s Saratoga County Family Court judge, Gilbert L. Abramson who was finally thrown off the bench himself, demonstrated that fallacy. Also see the Child Support section for the latest Supreme Court (June, 2011) ruling on unpaid child support and jail.
Separately, we remain hopeful Family Court judges will soon display the kind of integrity Criminal Court judges do when they order GPS with Victim Notification for victims of crimes. Currently Family Court judges do nothing to protect vitims of crimes ranging from assault, to attempted murder. As the U.S. Supreme Court ruled in Castle Rock vs. Gonzales, the police aren’t madated to to enforce Civilrestraining orders. Ergo, women need a level playing field.
(Also, seemingly only reporters are unaware criminal matters are heard in family court. Check the form forSupervised visitation.)
Practice Hint: Due to the increased number of custody exchange murders, we recommend attorneys request judges order any custody exchange to be made at the local police department. Should a murder occur, not only is it likely the crime will be recorded on a number of video cameras in an around the area, but any number of police officers would already on hand to effect a quick arrest. The video could later be used as part of a plea deal, which would save the state trial costs.
2. That after filing for divorce – people often do not realize that unless they can come to some kind of basic agreement, they are inviting a judge to wholesale order services, for the purpose of micro-managing their lives and the lives of their children – including vacations, until the children reach the age of majorit. There is also the matter of couples setting each other up, with “Dirty DUIs.”
3. This is due to the failure of people to realize business of government is:business. As such, family court judges “outsource” much like sales reps; ordering a variety of “services” designed to interpret – instead of speaking to all involved, especially the children.
Who would prefer to be heard.
4. Lobbyists hired by the National Association of Marriage and Family Services, continue lobbying for more involvement in the divorce and custody industry. As such, Children remain the marketing cog which turns the litigation wheel that fuels the entire industry.
Changing this basic, outsourcing court dynamic, is in the best interests of the child. Once a judge has direct contact with children, the need for the variety of other services often falls away. This is why those in the divorce and custody industry hire lobbyists. Change does not bode well for their bottom line.
5. In the event of family crime, police officers will often encourage victims to “take it to family court and get a restraining order” instead of providing actual, police services.
6. And don’t take it personally. San Diego Director of Emergency Service,Dr. Bruce Hadley hired former deputy Jesse Thrush, a convicted felon, as an EMT. Thrush had been convicted of killing his girlfriend’s daughter, a toddler with Downs Syndrome. He applied for the job and was certified after his release from prison.
7. Sometimes things get really bizarre. Such was the case with Catherine Scott Gonzalez, whose two prior requests for a restraining were denied. Paul Gonzalez felt okay about beating Catherine to a pulp in the judge’s chambers.
No bailiff was present at the time. This case was out of Florida, and Scott-Gonzalez’s attorney restrained Paul Gonzalez, who was finally arrested after the bailiffs appeared. The reason for the beating was Gonzalez was unhappy about paying child support and visitation time.
But judges denying restraining orders is what’s getting women killed, although the solution, Victim Notification GPS would be easily implemented…if judges cared enough about safety.
Update: Citing fear of Paul Gonzalez violating any restraining order he might issue, Broward County Circuit JudgeGeoffrey D. Cohen, denied bail for Paul Gonzalez. Interestingly, neithter Catherine or Paul Gonzalez has any memory of his attack. Catherine Gonzalez because of her head injury. Paul Gonzalez, we do not know. Effects of the taser? On his attorney’s advice? Either way, Gonzalez wound up with 15 years.
Illinois 98 th General assembly – family Law reform bills and helpful links and support suggestions!
July 23, 2013 § Leave a comment
Illinois 98th General Assembly – Family Law Reform Bills (with comments and hyperlinks)
As of July 2, 2013
VICTORIES FOR THE 98TH GENERAL ASSEMBLY
HB2992 (Josh Harms – R106) – SUPPORT (SITTING ON GOVERNOR’S DESK SINCE JUNE 19, 2013)
The court may consider placing a Right Of First Refusal clause in a parenting order stating that before a parent places the child with a babysitter, the parent must offer the child to the other parent first. We had to negotiate away lots of strengths of the original Bill to keep it alive after we had strong bipartisan support. I blame the Illinois State Bar Association for trying to sabotage this one the evening before Committee.
HR113 (Jil Tracy – R94) SUPPORT (SIGNED)
This resolution named April as “Stop Parental Alienation” Awareness Month just as we did last year. I know it is late; but it is still important for marketing purposes.
STILL REQUIRING WORK (NAGGING LEGISLATORS) TO BE REINTRODUCED
HB3287 (Dan Brady – R105) – SUPPORT (PAST DEADLINE. SENT BACK TO COMMITTEE. WITH DSM-5, WE SHOULD BE ABLE TO USE THE WORDS “CHILD PSYCHOLOGICAL ABUSE” AND OVERCOME DCFS’S OBJECTIONS.)
Guardian Ad Litem training to include Parental Alienation. It would be very nice to get the words “parental alienation” in a statute. It would be nice if this would include Child Representatives.
HB1018 (Michael Zalewski – D25) – SUPPORT – (PAST DEADLINE. SENT BACK TO COMMITTEE. THE BIGGEST OBJECTION IS ISBA’S “JUDGES CAN ALREADY DO THIS.” WE HAVE A FEW MOTIONS ASKING FOR IT AND JUDGES DENYING IT. I NEED THOSE DENIALS SO THAT WE CAN SHOW THAT THE ISBA IS FULL OF CRAP – AS USUAL.)
Integrated Family Therapy
Hopefully, a cooperative atmosphere focused on solutions, as opposed to the court, an adversarial atmosphere focused on winning.
HB2330 (La Shawn Ford – D8) – SUPPORT (Numerous amendments. Did not have votes in house. Must find out objections and renew.)
Child support is suspended while in jail. Thanks to HFS, there are a bunch of amendments that seriously weaken the Bill. But I do like that HFS is supposed to assist the non-custodial parent with modifications. Do not expect HFS to ever assist Non-custodial parents. Presently, they are supposed to; and they don’t.
HB1019 (Michael Zalewski – D23) – SUPPORT (Past deadline. Sent back to committee. Must overcome any objections.)
Finally, making knowingly false allegations (during a custody or visitation proceeding) with the intent to influence the court’s decision has remedies: fees and costs; on the second finding, the court may deny visitation/custody. This is compromise and outgrowth on 97th GA Bills: HB4460 (DeLuca – D80), HB4461 (DeLuca – D80), HB3045 (Jakobsson – D103).
HB3076 (Monique Davis – D27) – SUPPORT (Past deadline. Sent back to committee. We need to attack hfs.)
While in jail or unemployed, child support stops. HFS is against this because they believe that unemployed people are really working and hiding tons of money. My comments, Pam Lowry and her thugs at HFS are men and non-custodial parent haters. They will say and do whatever it takes to keep the Title IV-D money rolling in to bank-role their existence.
HB0011 (Mary Flowers – D31) – SUPPORT (Passed house, ran out of time in senate, lots of amendments. We can push this one.)
Unemployed individuals cannot be thrown in jail for non-payment of child support. You say, “a no brainer;” well, a review of court orders show that many judges lack basic math logic. The obligor will still have to get a modification of child support so that arrearages with interest do not go through the roof.
HB0128 (Monique Davis – D27) – SUPPORT (PAST DEADLINE. SENT BACK TO COMMITTEE. HFS HATES THIS ONE. IT WOULD BE VERY NICE TO GET RID OF DRIVER’S LICENSE SUSPENSION. THIS IS ONE OF THE MOST ABUSED POWER OF HFS – SUSPENDING LICENSES FOR NON-PAYMENT OF CHILD SUPPORT. 25,000 PER YEAR. NO REAL HEARING. NO REAL DUE PROCESS.)
Driver’s license suspension – no more.
The Watkins Act placed visitation interference on the same plain as non-payment of child support. Both allow for suspension of driver’s license. Most view suspension of licenses as unnecessarily punitive and counter-productive.
HB1452 (Kelly Burke – D36) – SUPPORT – (PAST DEADLINE. SENT BACK TO COMMITTEE. EXPECT LOTS OF BATTLES ON THIS. PERSONALLY, I THINK WE SHOULD MOUNT A CAMPAIGN ASKING FOR 45% PARENTING TIME. IF BOTH PARENTS ARE “FIT” WHY ARE WE LIMITING ONE TO 35%. AND IF WE START AT 35%, YOU CAN SURE BET THAT WE WILL END UP LOWER AT 25% OR SO.)
This is the new Dissolution of Marriage Act – a MAJOR change
-Minimum of 35% parenting time
-Parenting Plans that allocates decision making – split decision making.
-“Relocation” is 25 miles in or out of state. No more 300 miles in state without permission; but okay to move across the border if close to the border..
-Exchanges “custody” for “parental responsibility,” and “visitation” for “parenting time.”
HB1243 (Kelly Burke – D36) – SUPPORT (Past deadline. Lots of amendments. Sent back to committee.)
The new Parentage Act. MAJOR change. With 43% of all births to unmarried couples, and with all the science for artificial insemination and such, this Bill brings Illinois into the 21st century scientifically and culturally.
-Artificial insemination and other science.
SB1169 (Pat McGuire –D43) – NOT SUPPORT (Passed. Sitting on governor’s desk.)
I do not understand this one. It removes the child support termination date, such as a child’s 18th birthdate, from the child support order. That means that an obligor has to run to court on a child’s 18th birthday: more money for lawyers, and “gifts” for obligee for every day past the 18th birthday.
SB1444 (Mattie Hunter – D3) – SUPPORT (Past deadline. Sent back to committee.)
Agreements must be in writing and signed by both parties. We have seen too many “agreements” where one party claims an agreement and the other says “WTF you talking about.” Now, both sign, or no “agreement.”
SB0048 (Iris Martinez – D20) –SUPPORT (Passed. Sitting on governor’s desk.)
Repeals the Unified Child Support Services Act. Hell if I know what this will mean. I was told that HFS Director, Julie Hamos, requested this Bill, stating that no one uses it. I have my speculations on how this will affect us, but I am admittedly confused, as is many others. I see good and bad for repealing this Act.
HB1041 (Michael Tryon – R66) – SUPPORT (Tabled after 3rd reading)
Right now, if you pay child support through your employer, your employer can charge you $5 per month for processing the paperwork. This Bill does away with that $5 per month processing fee. (But the fee for State Disbursement Unit (to screw up the paperwork) is still in place.)
HB1215 (John Cavaletto – R107) –SUPPORT (Past deadline. Sent back to committee.)
This is interesting. If a parent violates a custody/visitation agreement, the court can fine the parent $50. That money goes into a grandparents’ legal assistance fund. If done right, this Bill may make constitutional muster.
HB1004 (Robert Pritchard – R70) – SUPPORT (Past deadline. Sent back to committee.)
-During divorce, a request can be made for a child’s passport to be held – hinders international kidnapping.
HB2473 (Reboletti – R45) – NOT SUPPORT (Passed. Sitting on governor’s desk.)
This is another one of those Bills that supports the notion of “the Constitution does not apply to family law.” The protections afforded when issuing and executing a body attachment do not apply to child support. Under HB2473, child support is the only exception listed under the Code of Civil Procedure. (Notice how family law is always an “exception” to the rest of the law.) The normal protections are (1) Personal service and opportunity to appear in court; (2) Notice of contempt order; (3) Expiration date of 1 year; (4) Bond of no more than $1000; and (5) Return of the Bond. People had more rights under the communists and the Nazis.
While our friends who are fighting to fix the draconian punishments we see in the child support world (Monique Davis, La Shawn Ford, and Mary Flowers) and argued vigorously against it, they voted for it because of promises that it would not be misused. (We all know that HFS and the ASA will misuse it – non-custodial parents are viewed as scum by these people). Monique Davis did file a Motion To Reconsider Vote. Please call her (217-782-0010) and ask that she push her Motion to Reconsider Vote.