Law from USA, but main resolve will be the same another countries.
How to Smash Thru Family Court Fraud
The following comes from a constitutional scholar with 20+ years in federal and state courts at all levels across the nation, the vast majority of which 400+ cases have been fighting for parental victims of the highly corrupt CSV (custody, support, visitation) family courts.
Victim parents need to know how to turn things around in family court, and with enough victims in group contact and working together, how to cause the end of that highly corrupt family court system. Everything you need is included below.
First, realize and know Fact #1 -- No family court has any valid authority to "grant" or "award" custody of any child to either or both biological parents, because both parents *already have* fully shared 50/50 legal and physical custody of their biological child from the very moment of the child's birth, regardless of the existence of any marriage or not, which is legally irrelevant. Your parent-child relationship is exactly the same as the other parent's parent-child relationship, as two equal angled sides of an inverted triangle, and whether the top horizontal line of that triangle (the relationship between both parents) is still connected or not is irrelevant as far as each separate parent's legal connection line to the child at the bottom corner of that triangle. Moreover, that top line is merely between two non-related persons (a non-blood relationship) whereas the connecting line between you and your biological child IS a *blood* relationship (the highest form of all blood relationships, by the way), and blood relationships cannot be legally separated by any court unless and until a proverbial mountain of seriously compelling evidence is first afforded complete due process protections via some type of probate case. Simply put, you *already had* full 50/50 legal and physical child custody long before you ever got involved with any family court. The ONLY thing that any family court may actually (constitutionally) do is TAKE AWAY your *pre-existing* parental rights (separate that blood relationship), and then only by "clear and convincing" evidence under full due process protections (including jury trial if desired by the parent on defense) regarding serious allegations and proof of serious child abuse, of serious child neglect, of willful abandonment of a child, or some combination thereof. In other words, the ONLY constitutionally-valid way any family court can impact your pre-existing parent-child relationship - in any manner whatsoever - is to REMOVE your said pre-existing parental rights via proving an actual serious case filed by the corresponding local child protective services agency (CPS cases are specialized probate actions regarding that highest, most protected form of blood relationship). That's it!! That is THE only valid way a family court may ever gain any jurisdiction over your parent-child relationship, in the first place. Without you ever having perpetrated some pretty darn serious form of child abuse, neglect and/or abandonment - serious enough to lawfully invoke the "parens patriae" power of a court to protect an innocent child demonstrably suffering serious harm - then the given family court never actually had any valid jurisdiction over your parent-child relationship. Coincidentally, a judge who acts without any jurisdiction has no defensive claim of "immunity" when sued for associated wrongdoing. But temper that if your case also involved divorce, because such judges do have jurisdiction for that part.
Next, realize and know Fact #2 -- The family court judges and attorneys are all fully aware of Fact #1. All the judges and many of the attorneys do both types of cases (i.e., CSV and also CPS cases), and even those attorneys who focus only on CSV cases still had to study the same laws and rights and processes in law school in order to graduate, they visit the same courthouses daily, they sit in the same courtrooms and daily interact with the same court staff, and so regularly witness and hear their fair share of CPS actions, besides also perhaps doing golf, lunch, politics, and/or other activities with CPS attorneys, let alone their local bar association stuff. They ALL know that biological parents have pre-existing constitutionally-protected rights to their children which cannot be taken away absent a proven CPS action against the seriously offending parent(s), and they are all fully aware that is the goal in any CPS case - to REMOVE the child custody rights of one or both parents... to TERMINATE those same parental rights... because they know those rights PRE-EXIST any court case!! They all know parental rights fully exist from the birth of a child. They all know that the reason parents can and do control literally every aspect of their children's lives, from where to live and what clothes to wear and what foods and drinks they consume to what they are allowed to watch on television and etc., and what religion if any the child will be associated with, they KNOW why parents can validly enroll kids in schools, can validly sign permission slips for school field trips, can validly dictate all doctor and similar visits for their child and likewise approve or disapprove any medical or any other treatments, and so on upon every possible life subject imaginable, precisely because they know that parents ALREADY HAVE all of those legal and physical custody rights to their child from the moment of birth. The family court judges and attorneys all know that neither parents nor their children are "property of the state" as if cattle to be bought or sold or butchered at whim. They all fully know that absent CPS proving (very) serious child harm and thereby first winning such a case, that the state (the court) does NOT have any custody of such child. They all KNOW that the vast majority of CVS cases have both parents fit and active in the child's life and do not involve any actual CPS issues, i.e., they all KNOW that in all such regular, normal CVS cases the court has ZERO jurisdiction over *either* of the parent-child relationships involved and that BOTH parents already have - and must still constitutionally retain - their equal and fully shared 50/50 custody rights, i.e., they all know that there is constitutionally nothing left for them to say or do about anything regarding any talk of child custody, and they likewise all know that the given CVS court has absolutely no valid power or authority to "grant" or "award" (give away) something that the state does NOT even have ("child custody") to either or both parents when both parents ALREADY have it (that same "child custody"). They all know the entire charade is an epic fraud foisted upon parents and children and their family relatives for decades now, they all know it has never really been about the children, and they all know it has always been about the money... monies they continually fleece from (both sides of) their victim families, every day, every week, every month, year after year.
And speaking of money, don't be uniformed or naive. States and counties make tons of extra monies by earning interest on child support "holding" accounts, i.e., earning interest between the time you pay some amount of support into your "debt account" until sometime LATER when they eventually disburse a payment out to the so-called custodial parent, and this is the true reason why virtually all child support cases are required to be processed through their Title IV-D hoops. It's about the economy, stupid. Moreover, these gov’t units typically charge an annual fee for your same debt account, and perhaps extra court and/or other costs. Again, it's about the economy, stupid. Nowadays, states and counties are so dependent on these lucrative income streams that their budgets would likely collapse without them. If you do proper legal research, you will find that the IV-D statutes in every state are setup to payout various percentages of that earned interest to every county, county clerk, county prosecutor, and every county judge, whether directly and/or via increasing their budgets. By the way, giving them "cuts" of the child support interest-earning pie also constitutionally precludes them from ever being involved with the related child support cases. NO judge or prosecutor can ever be involved in any case in which he/she has any pecuniary (financial or other benefitting) interest... EVERY such Title IV-D child support case is flatly unconstitutional for this reason alone (without even talking about the entire farce of "awarding" or "granting" child custody). No judge may lawfully start or participate in any case in which he/she has that child support conflict of interest, and the exact same thing goes for the county prosecutor, and the same also goes for the actual county itself. Constitutionally, they CANNOT even be involved, at all, ever, in any case which provides them with any past, present and/or future benefit. But the fraudulent monies gravy train doesn't stop there. All of the family court leeches play along with the farce of "he said, she said" nonsense as if that had anything to do with "determination" of child custody to be "awarded" or "granted" any parent, and that's not only the secondary leeches like guardian ad litems, counselors, psychologists, and the rest of that ilk, but of course the primary leeches - the family law attorneys themselves - who freely commit the attorney-specific crime of "barratry" for billable hours every day (barratry = making much ado about nothing, creating or participating in fake controversies where no real controversy actually exists). Barratry is a serious crime not only under state laws (high misdemeanor or even low felony on the first offense, always a felony in every state for any second or later offense), but is also very serious for the purposes of attorney ethics and discipline rules in every state, almost always warranting immediate suspension if not full disbarment from the practice of law. Yet they freely commit barratry every day in family court proceedings because - once again - it's about the economy, stupid. If all they had to do was simply process division of assets and debts for divorcing couples, then that's not much work to bill for and earn a comfortable living with. It's about creating and participating in long, drawn-out, even endless court sagas to "determine" or even "re-determine" child custody, and/or rehash the secondary issues of child support and/or visitation, all to falsely keep the parents pitted against each other, in order to ensure virtually endless billable hours (on BOTH sides, mind you). You also need to understand that many of these family court judges, attorneys, law firms, and other leeches donate significant monies up the ladder during election cycles, that is to explain as not only local judge campaigns but also to those running for county clerk, county prosecutor, and so forth, plus also up to the campaigns of your state senators and state representatives - who then keep writing and passing laws to feed the whole fraudulent cash cow machine. And don't think that the federal government and federal legislators are all just innocent bystanders - there is a REASON that the whole, entire nationwide criminal scheme, perpetrated against so many parents, children and families everywhere, is a *federalized* scheme, and the name of this evil is Title IV-D.
You see, all of the CSV statutes of your State or Commonwealth that pretend your pre-existing parental rights don't even exist, i.e., as if custody of your biological child may be determined by a family court and so "awarded" or "granted" to either parent, are all flatly unconstitutional. All such statutes are void on their face, because no such laws may even exist. They CANNOT create laws that pretend to ignore your well established constitutional rights and completely bypass all of the constitutional due process protections that your same pre-existing parental rights are absolutely entitled to, effectively terminating your parental rights by default... without ANY due process at all... and without even telling you that is what they did by involving you into their wholly fraudulent circus!! Any laws attempting to terminate constitutional rights by default of simply starting a new case are all directly void on their face. Courts are required to inform people about their constitutional rights *before* any attempts to terminate said rights. Such rogue laws and rogue court actions are all flatly ("patently") unconstitutional. They cannot lawfully exist or happen. But all levels of state and federal government are complicit in the continuing criminal enterprise, so they let it happen.
Now that you are grasping the sheer gravity of the situation (i.e., why your variously different attempts to get some other branch or official of government to ever actually listen and do something all seem to fall upon deaf ears), let us go over several options that individual victim parents can employ into their own personal cases, and much better yet, what organized groups of such motivated parents can accomplish. It is by no mistake that most options involve turning the entire game around and directly putting the court officers themselves on individual defense, via any one (1) or up to all three (3) legal angles, i.e., criminally (charges) and/or civilly (suing) and/or professionally (their jobs).
Any victim parent who was unconstitutionally reclassified as a "noncustodial" (or similar term) parent, i.e., without first lawfully terminating his or her own pre-existing parental rights, can consider from the following options:
(A) into your own personal case, file a motion to dismiss for lack of jurisdiction, since neither you nor the other parent was ever alleged to be an "unfit" parent (let alone ever proven unfit as required by law), hence the court never had any jurisdiction over any parent-child relationships or any child-related issues in the first place, and don't forget to demand that all of your monies and related costs be refunded and reimbursed, plus with the usual 6%-8% interest as provided by state law;
(B ) either in your own case or as a separate new (state or federal) case, file your formalized constitutional challenge against those wayward CSV "custody determination" statutes of your State or Commonwealth, with your legal goal being either to have all such statutes struck down for facial unconstitutionality, or have them overhauled to reflect the true law and rights of parents, by utilizing the formal procedures provided somewhere within your state law, typically involving a pre-made form created by the state for that specific purpose of challenging statutes, and you should always include certified mail service on the state (i.e., upon both your Governor and your state Attorney General);
(C) according to your state's court hierarchy, in whatever court that is just above your family court, obviously as a new case, file your petition for writ of mandamus, asking that higher court to order the family court to dismiss for lack of jurisdiction over your parent-child relationship, i.e., to order the family court to cease and desist from wrongful exercise of "ultra vires" jurisdiction, which is Latin for beyond/outside of valid jurisdiction;
(D) if you are still within time to file a state appeal of recent negative events in your family court case, you can alternatively use the constitutional arguments herein for your appellate court paperwork to seek the same ultimate goals;
(E) for seeking additional monies as civil damages beyond your actual out-of-pocket monies, file a countersuit against your total choices of defendants upon your choices of separate causes of action (further discussed below);
(F) instead of (E) just above, file a civil suit for damages as a separate new federal case (further discussed below);
(G) instead of (A)-(D) above, file all of that together in federal court as a "removal" under U.S. Code, Title 28, Section 1443 within thirty days of your dated receipt of new family court paperwork that threatens your civil rights (which includes your due process rights, your parental rights, all constitutional rights, equal protection, etc.) - removal also freezes/stops the given state court case removed, i.e., it is particularly useful to stop an imminent state court hearing in which you are threatened with being jailed, or losing visitation, or increasing your child support, and/or whatever other state court hearing event(s) you need to roadblock, and *without* any judge's order required to effect that removal;
(H) instead of either (E) or (F) above, simply add your civil suit for damages as another part of your federal removal;
(I) to any of the above options, add your formal, sworn allegations for criminal charges against your choices of defendants from the list of players acting within your family court case - if you add this in any state court case, then focus only upon the various state crimes, but if you add this in any federal court case, then freely include any state crimes and federal crimes as appropriate (further discussed below);
(J) if you know any other family court victim parents in the same state (good), or within the same cluster of counties falling under the same regional "district" or "circuit" of state judicial administration (better), or within the very same county as you (much better), or even from the very same family court (best of all), then each of you work together on personal schedules and commonality of paperwork, then all at once, in two steps of back-to-back business days, on the first day chosen everyone files their similar set of paperwork into their own personal family court cases that at least includes the same set of constitutional challenges to state custody determination statutes, and then on the very next business day each of you file the same motion to consolidate cases, i.e., to have all of your separate cases consolidated together for jointly litigating that set of constitutional challenges, but don't underestimate the sheer amount of paper and ink your team will need to serve copies of each other's paperwork upon every player involved within all of the cases combined, plus that certified mail service of the different paperwork from each parent in your team separately upon your Governor and state Attorney General - obviously, the more people in your team, the more separate filings the opposition will see, and more is better, so don't bother with just two victim parents, but wait until you have *at least* three or four to start together, then other geographically matching victim parents can also join in (as fast as possible);
(K) virtually identical to (J) just above, but the team of victim parents' different family court cases are all within the same cluster of counties that fall under a single federal Division, of which multiple Divisions fall under a larger District (every State and Commonwealth has between 1-4 such federal Districts, and each District has between 3-7 Divisional clusters of counties, each different Division with its own federal courthouse and set of federal judges), each member of the team files their own separate federal removal on the first of two business days, then each files their motion to consolidate those new federal cases together for the same purposes above - similarly again, having team members' family court cases from counties within the same District is good enough, but having them all within the same localized Division is even better, let alone all from the same county, or best of all, all from the same family court, and similarly again, don't underestimate the paper and ink and postage costs for serving everything;
(L) start the process for a writ of habeas corpus (Latin for "show me the body" and more technically as an action to reclaim the rightful custody of a person's body) - most habeas corpus cases are filed by inmates to reclaim their sole and independent custody of themselves, i.e., their freedom from jail or prison which they allege has wrongful custody of their body, but habeas corpus actions can be used in probate situations, including for both live and dead bodies, e.g., the estranged family of Casey Kasem ("American Top 40") fought over who had the superior custody of his dead body in order to determine in which of the competing proposed locations he would be buried, just like Mick Jagger and L'Wren Scott's family did too after her suicide by hanging, as extreme examples, but more often in family matters it's about swapping or altering control of family members within an elder guardianship or trusteeship, and it is actually used sporadically by parents or guardians to reclaim child custody. You cannot start a child custody habeas corpus action in federal court, but you can eventually get there after you have first "exhausted all state remedies" which means all levels of state appeal including the state's top court, after you first initially file the original habeas corpus action in the county where your child/ren's body/bodies is/are currently located, which to you as the so-called "noncustodial" parent basically means wherever the child/ren is/are currently deemed to reside, which almost always means the county where the so-called "custodial" parent currently lives. You may properly file your habeas corpus action to reclaim your rightful child custody rights in that correct county; and/or,
(M) separately, file state administrative disciplinary complaint paperwork against your family court judge, and/or against any one or more of the attorneys involved in your case, but since they routinely cover up and whitewash for each other, don't expect too much to happen via this route, unless they start getting bombarded with formal complaints by multiple victims about the same judge or the same attorney, which is really the goal and point of this last option.
Hopefully needless to say, if you choose to file something into your own family court case, always the very first thing to do, if you still have an attorney representing you in that same case, is to immediately fire that attorney, because you cannot file anything yourself (represent yourself) if any attorney still represents you. If you start a new case, either as the very next higher state court for writ of mandamus, or as a regular state appeal, or in federal court, then there you are representing yourself in a different case, so you don't need to fire your any attorney in the family court case, but the overall issue is - now that you understand that no family law attorney can ever be trusted to actually fight for your true rights because the system would immediately blackball such attorneys from the practice of law - never, ever, ever PAY any family law attorney for anything whatsoever because they are just robbing you blind via lies and false promises. Even if you don't use any other advice herein, still fire any attorney that you have in your family court case, or for God's sake, at least do not PAY them even one more single penny (and that's really only if you're trying to get some more work out of them for free before they quit anyway for nonpayment).
Indeed, you should demand your any such attorneys to promptly refund every payment you ever paid, because they clearly never even once raised your true constitutional or due process rights, allowing the entire farce and fraud to happen to you and your child/ren. Totally failing to even raise a client's constitutional rights in defense is actually CLASSIC attorney malpractice, i.e., it is "textbook" attorney malpractice. Threaten suit and criminal charges and ethics complaints against the attorney and his/her law firm if you must, but be able to back that up and follow through if needed (by knowing and using the various information herein). Under your state's attorney disciplinary rules, you will find the section that makes a law firm liable for the fraudulent/malpractice acts of its own attorneys.
Next, we'll go over the different causes of action to invoke and variously different defendants to name. No matter which kind of above individual, small team, or large group legal option is your selected attack route, your minimum causes of action to include are *always* this set of three (3) core constitutional challenges to those wayward state custody determination statutes and its unconstitutional family court system, as follows:
-- (1) The family courts of your state are routinely acting in wholly unlawful basis by pretending to issue ostensible “orders” of “child support” and “visitation” and so forth, i.e., various secondary orders violating various Liberty and Property issues, all based upon a primary “custody” order that the given family court never even had any proper and valid subject matter jurisdiction for, because no court or other agency of the state may ever acquire jurisdiction over a parent-child relationship until first meeting that constitutional prerequisite – at least “prima facie” evidence of serious parental unfitness;
-- (2) regardless of the above manifestly-repugnant constitutional infirmity, no court or unit or actor or agent of the state may ever attempt to alter any child custodial rights betwixt any parties (public and/or private) under the mere “preponderance” evidentiary standard, but must always use the “clear and convincing” evidentiary standard to do any such thing; and,
-- (3) all judges of any particular county are precluded by law from any prior, present, and/or future involvement in any cases of their own same county involving child support, due to the conflicts of interest by all such judges in being direct beneficiaries of, and each with those corresponding fiduciary/pecuniary interests in, the very same Title IV-D system.
These three (3) core constitutional challenges are your rock-solid proof, your legal foundation, to also then prove by default the rest of your optionally-included additional causes of action, i.e., all of the byproduct wrongdoings against you, your child/ren, your various rights, and your property (any actual property as in real property and/or personal property, but money is also property), whether that is listing the particular personal events of fraud and crime by particularly named persons who are/were the court officers and/or other parties or leeches as particularly named defendants from your personal family court case, or whether in a small team or large group action your lawsuit complaint lists only the widespread, common violations of rights and standard frauds and victimization types of events that happen commonly to all the cheated biological parents in the state's family court system. In a team or group action, you must stick to only those defendants and legal issues that apply universally to every plaintiff, i.e., you cannot try to name variously different particular judges or particular attorneys or even particular counties as listed defendants, because no plaintiff personally experienced ALL of those and neither did all plaintiffs also experience all of those within their own factual histories. However, that small or medium sized team moving to consolidate their identical core challenges into a single case, and/or that large group (class) action, have commonly all experienced all of the "systemic" issues and standard wrongdoings always suffered by every victim parent in every family court. Hence, the first named defendant will always be your State or Commonwealth itself because that is the top dog commonly responsible for all of the standardized wrongdoing to every plaintiff victim parent. Even if you are going with an individual solo pro se legal option above, your state is still the top dog defendant named because it is the state which is responsible and being challenged for its wayward custody statutes. If your such individual pro se route means filing a countersuit with core challenges directly within and as a brand new part of your family court case *and* the state is already a formally named party in your same said family court case (like when the local Title IV-D prosecutor is formally involved to enforce child support collection), then you will name your state as a "counter-defendant" and serve both the Governor and state Attorney General as if serving any named defendant in any brand new lawsuit - but if you're doing that and the state is not yet a formally named party in your personal case yet, then you will name the state as a "cross-defendant" and serve both the Governor and state Attorney General as if serving any named defendant in any brand new lawsuit.
All of the following are standard, universal, routine violations of EVERY such victim parent's *federal* constitutional rights and federal statutory rights in every such regular CSV family court case (and usually twice, first as "temporary custody" event and later as "permanent custody" event), i.e., each of these are separate causes of action available for valid inclusion within every type of individual, small team, or large group legal attack option mentioned herein:
-- Art. 1, Sec. 10 -- violations of prohibition against bills of attainder (expert-level constitutional argument), i.e., default stripping of parental rights en masse by the family court system everywhere daily;
-- Art. 1, Sec. 10 -- violations of prohibition against impairment of obligations of contracts (expert-level constitutional argument), i.e., there are life covenants/contracts/duties between parents and children, all illegally turned upside down by the daily family court fraud;
-- Art. 4, Sec. 2 -- violations of equal privileges and immunities as disparate treatment betwixt those two parents;
-- Art. 6 -- violations of "the supremacy clause" (the federal Constitution is the supreme law of the land, and therefore the judges in every state are bound to obey, uphold, and support parents' federal constitutional rights);
-- 1st Amendment -- violations of the rights to free assembly (to familial association) and to petition for redress (because every victim's responses/arguments are routinely ignored to keep the monies gravy train rolling);
-- 4th Amendment -- unreasonable seizures, both of liberty (above 1st Amendment rights) and property (eviction of noncustodial parent from family residence, and the child support fraud thing since money is property), including false arrest(s)/jailing(s) and/or threat(s) to falsely arrest/jail regarding the fraudulently-created child support debt;
-- 5th Amendment -- deprivations of both liberty and property without required due process of law
-- 9th Amendment -- violations of parental rights which are violations of "unenumerated" rights (other fundamental/inalienable/organic rights not expressly listed in the federal Constitution), equally entitled to due process protections as all of the actually-enumerated rights within the Bill of Rights;
-- 10th Amendment -- the "power" of custody over children is an authority not delegated to either the federal or state governments, but exclusively inherent in and reserved to the biological parents;
-- 14th Amendment -- violations of due process, of equal protection of the laws, of equal privileges and immunities, and gender discrimination (no matter which of the opposite-gender parents falsely "wins" custody while the other falsely "doesn't win" custody, it's still always gender discrimination, either way);
-- 42 USC § 1981 -- equal rights under the law;
-- 42 USC § 1983 -- civil action for deprivation of rights;
-- 42 USC § 1985 -- conspiracy to interfere with rights; and,
-- 42 USC § 1986 -- neglect to prevent violations of rights (by a defendant with power to prevent)
And there are other federal civil statutes usually available in most CSV cases, but not *always* available in *every* CSV case, so you can do “a la carte” for an individual legal attack, but the above are listed for purposes of smaller team attacks and/or larger (class action) attacks (and also for any individual attack).
Moreover, besides just constitutional and statutory causes of action available for lawsuit inclusion, there are also these routine, directly related "civil torts" always committed by and as the result of every CSV case's unconstitutional child custody tampering (again, for individual, small team, and/or class action):
-- violations of the victim parent's "society and companionship" with his/her child/ren and/or "tortious deprivation(s) of parent-child relationship(s)" which are both essentially the very same cause of action, related to 1st Amendment topics and common law topics);
-- false light / defamation of the victim parent as a lesser person ("noncustodial parent") within the public eye, as well as within his/her own family sphere, and within his/her work atmosphere; and,
-- false damages to personal credit ratings (from reporting of child support, which are falsified debts).
The standard federal felonies in every CSV case, with violating the parent’s civil rights plus falsifying Title IV-D records, include at least one to several counts of each of the following: 18 U.S. Code §§ 241, 242, 371, 880, 1001, 1002, 1341, and 1343, plus federal Racketeering. The number of standard crimes committed against your state laws is a much longer list. In federal court you can invoke *mandatory* prosecutions of the family law players. Federal statute 42 U.S. Code § 1987 mandates that [all federal judges, magistrates, etc.] "are authorized and required... to institute prosecutions against all persons violating any of the provisions of... sections 5506 to 5516 and 5518 to 5532 of the Revised Statutes, and to cause such persons to be arrested, and imprisoned or bailed, for trial...." Once you learn that parts of those Revised Statutes (earlier version of modern U.S. Code) were recodified as those same above civil rights crimes the family court players commit daily (18 U.S. Code §§ 241 and 242), then you realize their criminal prosecutions are expressly REQUIRED by the written law. Will the federal court do its job when you are just an individual plaintiff? Don't hold your breath. But if you are a class action of even just a few hundred plaintiffs, then expect them to literally shit their pants, and rightly so.
Who else is liable as a named defendant? Your state Attorney General is, as regards all such Title IV-D child support enforcement actions statewide to unconstitutionally fleece all victim parents (remember, none of those secondary issues, like child support and visitation, can even exist without you losing your pre-existing child custody rights, which never lawfully happened). Your state's top court (usually, the state "supreme" court) and the chief justice (and indeed, that entire set of top justices in your state) all are, because it/he/she/they are in multiple ways, including writing all of the court rules that pretend to ignore and bypass parents' pre-existing constitutional rights just like the state's wayward custody statutes do unlawfully, always 100% routinely ignoring these very same pre-existing parental rights in all appeals from CSV cases yet still remembering these exact same pre-existing rights within appeals from CPS cases, i.e., absolutely willful treason against their oaths of office in every such CSV appeal, and further it/he/she/they is/are the ultimate failed gatekeepers for all forms of disciplinary actions regarding all judges and all attorneys across the entire state and yet there has never been even a single disciplinary conviction against any such family law judge or any such family law attorney (or such law firm) for blatantly violating a biological parent's constitutional right to retain their child custody in the absence of an actually proven termination of parental rights ("TPR") case (i.e., a CPS case), which is exactly what every family court does every day, and even further, it/he/she/they is/are also the ultimate in charge of ensuring that all of the lower courts properly uphold the legal and constitutional rights of persons and similarly ensuring that all of the lower courts routinely afford proper due process procedures to protect people's constitutional rights, and so forth and so on, i.e., it/he/she/they are liable and responsible for ensuring "the proper administration of justice" throughout the state. Your state Governor is also legally liable for the executive responsibility to ensure that all the laws are faithfully executed within the state. Since you are always naming the state itself as primary defendant anyway, you don't need to name your state legislature or your state legislators for writing and enacting those same constitutionally-void state custody determination statutes but you could for those reasons. Your state's statewide bar association can easily be named as another statewide defendant, for conspiracy to induce/commit mass fraud, mass treason, or a little tamer, mass gross civil negligence and/or mass criminal negligence, by all such family law attorneys statewide every business day of the week, also for its own clearly obvious failings to (ever..) actually inform, remind, train or educate any such attorneys that biological parents *always* have those pre-existing parental rights to their own child custody regardless of the case type, and so forth and so on, just like for most or all of the same failures you can also name as a defendant your state Board of Law Examiners or similar-named state-level legal institution that performs attorney admissions, accreditations, their annual "CLE" training, and/or performs similar functions with respect to all attorneys statewide. Note: The more defendants you name, the higher your paperwork logistics and costs, and the more motions to dismiss to expect.
Next, we'll go over jurisdiction, venue and service of process topics. If you are going to file countersuit into your existing family court case, then jurisdiction and venue is already active there (of course, you might have personal reasons for disputing proper venue in your personal case, and the core constitutional challenges argue there has never been any actual valid jurisdiction over your parent-child relationship/s, but you still have to litigate that out to dismissal or appeal). If you are going a new state case, then jurisdiction would be available in any regular state court across the state, but since your State or Commonwealth is the new primary defendant, you need to file that new suit in a court of the county where your state capital is located (the county of the state's primary business address location) because that is the most proper venue for that primary defendant. If you are filing a habeas corpus, you are reminded that the most proper jurisdiction and venue is the county where your child is primarily or normally located, i.e., the county of the alleged "custodial" parent's residence. If you are filing a federal removal of your state family court case, federal law confirms exclusive jurisdiction and venue by requiring that to be filed in the federal Division (cluster of counties) that encompasses that same county of your removed family court case. If you are filing some other type of new federal case, then again because your State or Commonwealth is the primary defendant due to those wayward child custody determination statutes, most proper jurisdiction and venue is the federal courthouse for the Division over the same cluster of counties where the state capital is located. Filing a new case within a state court means a normal, regular court (i.e., "Superior" or "District" or "Circuit" or similar court with a full judge), and does not include any lower ancillary court types (i.e., magistrate family court, or traffic courts, or drug courts, or anything like that). Regardless of filing countersuit (or "cross suit") or any new case in state or federal court, because you are raising brand new biggie claims against opposing parties, you should always "serve" any and all defendants in the "new case" method, i.e., by certified mail with return receipt requested (post office green card and matching green slip) or by tracked FedEx, UPS or similar (more expensive, so just do post office method), unless the law of your state requires using a third-party process server to serve your defendants copies of your newly filed paperwork. For new federal court cases (removals, or any other new case), service by certified mail is sufficient. And just after you receive proof of delivery upon defendants, then promptly file your "return of service" by attaching photocopy of delivery proof for each such named defendant (post office green card arrives in your mail, you printed FedEx/UPS/etc. delivery confirmation via online tracker, or your third-party process server emailed or otherwise gave you proof of delivery). With returns of service filed in the new case, that (state or federal) court then acquires "personal jurisdiction" over those defendants, while the court's "subject matter jurisdiction" is about the issues and facts and laws involved in the case.
State or Federal?
If you file an individual countersuit right back into your family court case, typically only because either you insist upon or need to include your custom/personal causes of action and/or insist upon or need to personally name any of the actual players in your case as personal defendants, then you will obviously be in the state courts. Likewise, if you file a federal removal of your family court case, then you will obviously be in the federal courts. But for deciding which court system to otherwise file any brand new case in, you need to be aware of the basic pros and cons of both systems. Not including traffic courts or similar, the regular state courts are courts of general jurisdiction, i.e., they are fair game for virtually any kind of legal subject matter/issues, including many federal issues, and you can always raise your federal rights in state courts. Moreover, there are certain kinds of general topics, particularly family law, that are entire legal categories only the state courts have jurisdiction for. You cannot ask any federal court for a divorce, to "grant" or "award" or modify child custody, to modify your child support amount, to modify visitation, or any other type of family/probate/similar matter, like to start a guardianship over an aging grandparent, or whatever else within the entire family matters realm, because such are issues only for the state courts, who have "original" and "exclusive" jurisdiction (subject matter jurisdiction) over all such things. The federal courts are courts of "limited jurisdiction" meaning they only deal with issues arising under federal laws, federal rights, and so forth. They do not want jurisdiction over any case that they don't have actual jurisdiction for, i.e., they are always looking to dismiss cases for "lack of jurisdiction" whenever they can (and federal judge caseloads are the highest they've ever been). However, the federal court system is way more transparent and open to the general public, with every single document ever filed or entered in the case available online to see, get, and read in complete detail, and at least in that sense much "fairer" and more "user-friendly" than many of the state-run court systems, which at the county court level, and worse yet in some states' magistrate-run family court levels, may or may not even allow any digital online access to court documents and/or make it otherwise difficult for non-attorneys to conduct the business of court filings and/or court case records access. Federal courts charge a higher new case opening fee than state courts charge, but federal courts don't charge any per-document filing fees later in the same case, whereas several states do charge a new filing fee for every next new court filing you need to file. However, within both court systems you can ask for filing fee waiver by attaching a detailed financial affidavit showing your inability to afford that filing fee (but you may or may not want to reveal such details in the midst of child support issues, but then again, proving inability to pay a filing fee and being granted pauper status may be exactly what you need to help defend against child support issues). If your state is one of those that require process servers in a state case, the cost to serve multiple defendants can add up quite fast, whereas service by certified mail is not that expensive. However again, electronic service upon your defendants' pre-known attorneys is becoming more and more available (check ahead in the court's rules). Federal court cases (all civil cases, not their criminal cases) tend to proceed along as all done on paper, i.e., rarely taking the time to hold any actual hearing of any kind unless and until the full-blown trial itself, i.e., just about everything to argue about and get initial rulings on is typically all done in writings by all sides without ever meeting in person via any hearing, whereas the state courts tend to usually get around to holding hearings upon some matters much earlier in the overall process. If you are better on paper than defending yourself in open court hearings, then federal court might be the better option for you. Again, you can't go into any federal court asking it to act like a state family court and process any of the normal family law matters like a divorce or modifying the amount of regular child support paid from one parent to the other or setting up or modifying any visitation schedules with the child/ren of the parents involved, or anything else like that, but what you CAN do is file your complaint and set of constitutional challenges in federal court against the state's unlawful child custody statutes and practices, seeking to have that all struck down as obviously unconstitutional for totally bypassing ALL biological parents' pre-existing rights and associated due process protections, and optionally seeking reasonable civil damages for the victim parents (and victim children, too...), and also optionally pursuing (civil and/or criminal) punishment(s) against your choices of named defendant wrongdoers at fault. You can do all those things in both state and federal courts, and via either an individual case, or small team set of local cases, or by a full class action lawsuit. But if you are mostly concerned about fighting for your federal constitutional rights, then strategically it's usually better to be playing in the home field of federal rights protection, i.e., the federal courts. And if you intend to pursue punishment for the players of the truly monstrous evil fraud of state family courts, then it's most likely not the state court system that you wish to be asking to dole out that punishment against its own judges and attorneys, particularly when the highest justices of the state can easily be named and sued and punished as "ringleader" defendants themselves. The biggest hurdle in federal courts for *individual* cases (some victim parents tries to sue in federal court over his/her own *personal* family court saga) are all of the various "abstention"/"avoidance" doctrines (i.e., "federalism" of federal courts to stay out of state court decisions/matters). Some 99% of such individual attempts to sue in federal court over personal state court case wrongdoings are dismissed for lack of jurisdiction under one or more of those abstention doctrines, with Rooker-Feldman, DRE (domestic relations exception), and Younger abstentions being the top three used of all dozen-plus such similar doctrines. All abstention doctrines are about "intervention" of a federal court into state court case matters or not. However, NONE of the abstention doctrines can be used in a federal removal case, because the express statutory purpose of removal is precisely to allow such intervention into a state court case in order for the federal court to investigate automatic violations of federal civil rights by the state court using facially-unconstitutional state statutes, i.e., removal is a perfect custom fit for what always happens in every CSV family court case. Moreover, abstention doctrines are all about whether to intervene into a *particular* state court case and its matters or not - they do not apply when you're not suing over the issues of a single case, i.e., they don't apply when you're suing the entire state court system for standard, routine violations of federal rights.
If you fight for your rights as an individual on your own, or as a small local/regional team of individual cases, then in any new (state or federal) case you file, you will use your personal name(s) as plaintiff(s) versus your choices of one or more named defendants, but if you file as a class action (in either state or federal court) you must stick to only violations and defendants that are common to all plaintiffs, and you should sue as an "unincorporated association" which is a legal entity that can act upon behalf of all members, including within courts, but without actually incorporating or any similar formalization under business law. An unincorporated association can file and litigate a lawsuit, can do so without being forced to hire and use any professionally licensed attorney (precisely because it is not a fully and formally bound organization created and registered under specific business laws), and has these two (2) additional features of interest - you can just use the name of said association as a single plaintiff "party" in all of the court paperwork instead of having to include every separate plaintiff's name and address with tons and tons of additional per-plaintiff work and sheer numbers of paperwork copies and postage costs for everyone involved, and sort of like most business LLCs treated as "pass-through" entities for tax reasons, with an unincorporated association you still get direct relief "passed through" to the individual members, i.e., each CSV victim parent gets direct court relief "passed through" said association plaintiff. So, your statewide group of county leaders/contacts (and eventually including all other class plaintiffs in your state) needs to have any reasonable name that also includes the word "Association" somewhere within it. Put the new name to a vote, or just let state leaders decide. Then, in your court paperwork, add an authentic mailing address (but not a PO Box), email address and any optional phone number for your acting Association to receive court-related mail and other communications, with those same 5, 7, or 9 of your state-level leadership people signing their names as Association officers on behalf of the full class membership. As you wish, you can have co-presidents, and/or more than one vice-president, secretary, and/or etc. And lastly, to prove that your class-sized membership already exists as a legal class (# of plaintiffs > 100 victims), simply attach as Exhibit A your membership roster spreadsheet (or a limited-details version) showing each plaintiff name, county or zip code of residence, and county of family court victimization. If the court wants more detailed information, then comply but file it "under seal" to protect people from being "doxed" or whatever.
Ok. Now, let's talk about the most important key in fighting to reclaim your parental rights: THERE IS STRENGTH IN NUMBERS. While any of the above individual legal options is a good starting point, trying to fight the entire corrupt system all by yourself (no matter how many attempts you've made by now...) is an extreme uphill battle, even for the most skilled pro se parents. Of all the above legal options, the pair of (state or federal) team actions moving to consolidate their identical sets of constitutional challenges to the wayward custody determination statutes are the most powerful, precisely because they involve multiple people joining forces together. The system is not scared by any single disgruntled parent, but it is sensitive to an entire group of people exposing corruption that widely affects the general public at large, particularly if any media starts piggybacking for The Big Story. Over decades now, several tens of millions of unconstitutionally victimized parents just like you never got any justice, precisely because they were always too self-absorbed with fighting their own personal case battle in vain, and so never had or spent the time it takes to properly organize and follow through as a large group of plaintiffs to file an actual class action lawsuit against their own State or Commonwealth (and/or the federal government over that Title IV-D root of all evil). If you're on your own, they are much bigger than you. But if you join forces with even just a fraction of the other likeminded parents in your state, you will be far bigger than they are, and by the way, with being organized large enough, you can easily be your own social media news organization.
The key to successful organizing of the parental rights movement to prepare for a class action is to self-organize in a geographic fashion according to and mirroring the jurisdictional breakdown of whichever (state or federal) court system you plan to use for your class action lawsuit. Either way, you need a tri-level hierarchy of leadership to actually be formidable and effective. Both methods include state-level and county-level, but it's the middle level that is just slightly different between the two methods. In the state court method, that middle level of team leadership mirrors those same regional "districts" or "circuits" of state judicial administration mentioned above for that (state court) version of the "motion to consolidate cases" option [i.e., option "(J)" above]. In the federal court method, that middle level of team leadership mirrors those same regional "Divisions" of federal judicial administration mentioned above for that (federal court) version of the "motion to consolidate cases" option [i.e., option "(K)" above]. In either method, the middle level is simply by clustered groups of counties, each cluster as a differently named geographical (jurisdictional) regional area of the given court system. Depending on the population sizes of each given county in your state ("county" also refers to "parish" in Louisiana, or to "burough" and "census area" in Alaska, plus also refers to the "independent cities" within some states, like St. Louis, Baltimore, and others, including the 39 such cities/towns within Virginia alone), each county should have a MINIMUM of one vetted leader/contact, vetted for two (2) basic criteria: the person is actually a regular victim "noncustodial" parent of CSV family court case history without CPS involvement, and said same parent is clearly not a newbie in the family rights movement still bashing or otherwise blaming the other gender for all the problems.
Experienced, stable and reliable leadership that you need to win comes from those fathers and mothers in the movement who are mature and wise enough to know the problem to fight is the family court system itself and all of its wayward laws and processes, not the other gender. You should never have gender-bashing people as any part of your leadership levels. With at least one (1) vetted leader/contact per county (and county-equivalent if any) in your state, by then you will also most likely have a few to several leaders/contacts for your state's most populated counties (and county-equivalents if any). By this time you are ready to accept all likeminded CSV victim parents in your state to join as fellow co-plaintiffs in such class action lawsuit and actually file it just a few to several days or so later (allowing enough signups to form a sizable "class" of plaintiffs).
But before your team widely announces that above invitation to join as class plaintiffs, you need the below things setup and ready, in order to capture and bring many thousands of likeminded victims from the general public into the game on your side:
-- A decent website dedicated solely to this overall effort to file the class action lawsuit against the family court system of your State or Commonwealth, said website containing the following;
-- An "online form" that masses of such likeminded CVS victim parents in your same State or Commonwealth can fill out to join the class action as another plaintiff - make it a pretty basic form, with only basic lawsuit-qualifying questions, i.e., name, preferred email address to receive news/updates, which county victimized them (use a pre-made choice list because too many people can't spell), has their family court case still been active anytime within the past few years, their current county of residence (if still living in your state), and are they interested in being a leader/contact for their county (or county-equivalent) regardless if that's a different county in your state than where their family court case is located (you might include an option for those victims now living in other states);
-- Every county (and county-equivalent if any) in your state has its own social media group (a "public" discussion group that doesn't require any special permission to join) with the direct link to that online discussion group listed in county-by-county alphabetical order somewhere easy to get to upon your new website;
-- At least one (1) of those county-level leaders/contacts for each county (and county-equivalent if any) listed on your new website by name adjacent to the above matching county's social media group link, and include more than one such county leader/contact name as desired, optionally also including each county leader's personal contact information (phone and/or email and/or social media profile page) if they wish (not necessarily required because contact with a county leader should be available within the matching social media county group);
-- Promote 3-5 county leaders from within each regional cluster of counties (each state court system "district" or "circuit" cluster, or each federal court "Division" cluster) to also be the middle-high regional leaders of that cluster of counties and all other county leaders there (none of these middle-high regional leaders across the state need to be actually listed upon your new website, but it's optional to increase media and public credibility/interest, as desired);
-- From all of the above middle-high regional leaders across your State or Commonwealth, promote an odd total number of them (recommended: either 5 or 7 or 9) to be the state-level leaders, who should best be a good mix of both fathers and mothers, all of whom have very good communication skills, and who should be listed as state leaders upon your new website with at least one form of personal contact information apiece for interested media; and,
-- All county leaders are to have group moderator authority upon their own corresponding county social media group in order to diligently monitor for misinformation and to weed out any troublemakers as the group membership grows.
Optionally, the state leaders may also have a private discussion group for only all state and all regional leaders, and also optionally, each set of regional leaders may have their own private discussion group for only themselves and all the other county leaders just within that same regional cluster of counties.
Regional leaders have dual roles (still also as county leaders). State leaders have triple roles (still also as regional leaders and county leaders). Your group of several state leaders will build and run the website, collect class action expense funding donations on the same website to an account they control, distribute email news/updates to all those who have joined/subscribed, deal with drafting the class action paperwork in the background and filing it with required filing fees plus serving all defendants and paying all those expenses, and be the primary media contacts for your statewide organization.
Pay no attention to anyone who promotes any "silver bullet" conspiracy theories, i.e., "strawman" arguments, ALL CAPS = corporations, gold fringed flags, and etc. These are all nonsense, believed by fools who are so desperate to understand "how" things could've happened to them that they get suckered into these "alternate legal realities" which have no actual basis in law, instead of just facing the "unbelievable" fact that the truth is simply that the family court players perpetrated plain-as-day fraud right in their face in order to keep the monies gravy train rolling along.
Cornell has the #1 free everything-law website at
www.law.cornell.eduLearn more about removals, personal case tips, court systems, and other related topics at
parentalrightsclassaction.comThe bottom line is that you, a victimized parent of the CSV family court system, can try to "fight city hall" all by yourself, by constantly worrying only about defending within your own personal case and/or try to sue on your own, but this is the Number One reason why the family rights movement is still stuck in first gear, when instead if just a fraction of all such same victim parents, those wiser and motivated activists just like YOU, would all simply take your respective geographic positions and volunteer to be another leader/contact for your own counties of interest, then you would have your full statewide organization of parental rights advocates within just a matter of days, and could all prepare for and then launch your important class action lawsuit within just a matter of weeks.
This is what everybody SHOULD do: (1) in short response comment to this post, simply say you will be a county leader/contact person for your own County in which State, by naming that County and State; and (2) widely share/repost this full post on social media discussion groups/pages where people can respond in the same manner; while (3) the very first few to several of you to connect with each other within the same State or Commonwealth can by default begin to act as state leadership and collect and organize the people stepping up for their own counties everywhere. By the time your team has enough people collected and vetted to cover at least most of the counties in your state, you will also already have a few to several of those fairly experienced and reasonably knowledgeable about courts and law enough to form your private legal team in the background.
You CAN do this, so everybody in your state CAN finally win – including YOU.
You now have the information and blueprint to win. So WHO are the real parents, ready to fight together for their rights and children, ready to stand up for what is right and true? Just name yourself for your own County and State.
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