We like to think of America as the land of the free, place of opportunity and beacon of liberty, but those founding principles are quickly eroding. Your book may have a vital impact. Newcomer political candidates continue to garner a tremendous following because they are expressing the frustrations of our people.
When alienated children remain alienated into their forties, what should the targeted parent do? Walk away because it’s too late? Reach for a relationship more assertively? Acknowledge birthdays and holidays while continuing to wait for them to have an epiphany?
There are lots of things you can do by virtue of your job as a circuit court judge.You can (in no particular order of importance- and BTW the following is not directed at any particular judge…if the robe fits…).
Deny motions without reading them; have your JA refuse to put motions on calendar without lawyers first faxing them to you (although you don’t read them); start court whenever you want; show up late; finish court whenever you want; make juries stay until midnight in a misguided effort to show everyone how hard you work; lecture lawyers from the bench about how you tried every case you had within sixty days of inception (in other words, lie); brag about how you are on the short list for an appointment to a higher court (ditto); and otherwise feel that you and only you stand between the rule of law and anarchy. Here’s what you must do: follow the law.
Which means here’s what you can’t do:
Have your bailiff close your courtroom to anyone at anytime without proper notice to the media and a hearing on an issue; tell people how to dress when they come to court (wearing a shirt that says “fuck you” has been held to be an expression of free speech under the First Amendment – which is part of the Constitution, which is a legal document that defines the ….oh never mind it’s a bit complicated),
You also CANNOT take personal property of people, without following Florida’s Forfeiture Statute (and it’s not entirely clear a member of the judiciary can be a “seizing agency” under the statute. ).
Which means that in order to seize the personal property of an individual, there must be an allegation that the property was used to violate Florida’s contraband laws; see, Fla. Stat. Ann. § 932.703 (West)
(1)(a) Any contraband article, vessel, motor vehicle, aircraft, other personal property, or real property used in violation of any provision of the Florida Contraband Forfeiture Act, or in, upon, or by means of which any violation of the Florida Contraband Forfeiture Act has taken or is taking place, may be seized and shall be forfeited subject to the provisions of the Florida Contraband Forfeiture Act. Contraband is defined as, inter alia: Any personal property, including, but not limited to, any vessel, aircraft, item, object, tool, substance, device, weapon, machine, vehicle of any kind, money, securities, books, records, research, negotiable instruments, or currency, which was used or was attempted to be used as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony, whether or not comprising an element of the felony, or which is acquired by proceeds obtained as a result of a violation of the Florida Contraband Forfeiture Act. ~ Fla. Stat. Ann. § 932.701 (West)
More Family Court Inspired Violence?Family courts are clearly set up to make fathers and mothers fight. It brings out the worst in both of us because its dealing with children, OUR children.
A strong correlation undoubtedly exists between ongoing custody battles and the violence arising from litigant abuses which can be found in a variety of mainstream news media reports.
But the sad part is all of the bickering, fighting, and ensuing violence, suicides, murders etc could mostly all easily be avoided.
How? Simple. Treat both mothers and fathers with equal respect. It should be de facto going into 75% or more of these child custody hearings that its going to be 50/50 custody end of story. Financial situations (aka so called child support) needs major reform but the key there is to start holding both parents responsible. Right now if the so called custodial parent can’t buy her kid some new clothes, tough shit, the kid goes to school in rags. But if noncustodial daddy doesn’t pay his so called “child support” one month, all hell breaks lose. He has accounts levied, ruins his credit, loses his house, loses his license, and some states goes right to jail.
Mommy doesn’t have to worry about all that if she doesn’t buy Johnny a new bike or is running 2 months late on the electric bill. Nor should she or ANY parent have to have their basic human rights removed for a matter dealing strictly with money. It’s a draconian system, a modern day form of slavery need seen since the Middle Ages.
So once we stop labeling parents important and unimportant in court, and stop making daddy a status quo weekend warrior ATM machine, that’s the only thing that will fix this.
The only reason we should ever have to get mediators and countless court appearances and allow all this crazy fighting to go on is if there is a PROVEN history of parental neglect OR if the parent willingly backs out from their god given right of shared custody.
Otherwise mostly all family court cases should in theory be so cut and dry that we shouldn’t even need or want mediators and lawyers and judges involved at all. No one would bother going to court and going through all this emotionally draining nightmare if it was de facto that the decision would be shared custody. As it stands now the women are given huge advantages and this of course leads to a class of entitled people who can (and do) use the government to maliciously and forcefully punish the other parent and take advantage of them. And the worst part is they have societies backing doing this resulting in their conscience being okay with what they are doing.
It’s all for the kids, right? They have society
believing that so they just go along with that lie because they are so angry at their ex spouse. It’s a rather disgusting deplorable system we have set up here. And to know its in place because the people running it make too much money off of it to change it is the worst part of the whole story.
So yeah, I agree with you, as I always do. Much respect for you here Mr Koziol.
Within moments of parental advocate Leon Koziol, J.D., releasing an alarming 28 Page report which predicted an increase in violence arising from litigant abuses in our courts, we were made aware of this tragic story from the Chicago Tribune. (Read Story Here). We are not suggesting the family court or litigant abuse was the cause of these senseless killings nor are we condoning these random acts of violence.
However, as previously expressed here at LeonKoziol.com, we continue to believe that a strong correlation undoubtedly exists between ongoing custody battles and the violence arising from litigant abuses which can be found in a variety of mainstream news media reports. Mr. Koziol’s recent report to the Judicial Conduct Commission was intended to further serve as a wake up call in hopes that both corrective action and reform can take place in an effort to prevent similar future tragedies from…
Evidence both from psychological research and clinical intervention studies suggests that there are bidirectional influences between overt child behavior problems and parent-child relations. Very little research however, has considered the pattern of relations that exists between Attention Deficit Hyperactivity Disorder (ADHD) and the parent-child relationship within a longitudinal context. Using a longitudinal community sample from the United Kingdom which included 194 school aged children (46% male and 54% female) and both parents, this study examined the relationship between child ADHD symptoms and displays of rejection in the parent-child relationship.
These relationships were investigated separately for mothers and fathers using cross-lagged panel correlation and reciprocal effects analysis. Mothers and fathers reported on ADHD symptoms and children reported on their feelings of rejection in the mother-child and father-child relationships. Results suggested differences in the direction of effects linking mother- and father-child rejection and child ADHD symptoms; with ADHD symptoms affecting the mother-child relationship and the converse pattern of effects noted for fathers. Implications for future research focusing on the link between ADHD symptoms and parent-child relationships are discussed.
“The effect on parents and children seeking social support within this coalescing “family law” forum has not been as advertised by courts and professionals—a new healing—but instead a new affliction: an ‘imposed disability’ of de rigueur deprivation of fundamental rights in the name of ‘therapeutic jurisprudence’ funded by converting college funds into a bloated ministry of the bar leaving families and their children with mere crumbs of their own success.”
Shrink4Men,AVoiceForMen and DAHMW (the Domestic Abuse Hotline for Men and Women) would like to shine a spotlight on a group of individuals who comprise approximately half the victims of domestic violence. A group who is afforded very few resources and are typically ignored and/or ridiculed when they speak out about their victimization — often by the very individuals seeking to raise public awareness about the insidious social malady of domestic violence.
Who is this invisible and marginalized group of domestic violence victims pushed to the periphery of public awareness?
[*If you are already aware about the difficulties male victims of domestic violence face, please scroll to the end of this article to find out how you can help.]
Men are turned away from most domestic violence shelters. Men do not meet eligibility to receive aid from most domestic violence support organizations by virtue of being men, which is nothing short of overt discrimination, sexism and bigotry.
To the best of our knowledge, there are no court advocacy programs for male victims of domestic violence. Men (and their children) are not eligible for state and federal stipends for safe housing from their female abusers. There are no free or subsidized counseling programs nor are there free legal services/legal aid for male victims of domestic violence.
In the United States, there is only one shelter for male victims of domestic violence (the Valley Oasis Shelter in Antelope, CA) out of the approximately 1,800 shelters available to women and their children nationwide. Canada also used to have a domestic violence shelter for men that was run by the late Earl Silverman.
Mr. Silverman committed suicide this past spring after succumbing to a state of learned helplessness and hopelessness after years of begging for funding and assistance for his much needed shelter. Essentially, Canadian women’s domestic violence organizations locked arms and blocked Mr. Silverman from the funding trough. The same thing happens to organizations like DAHMW in the United States.
The repeated message to organizations that want to help male domestic violence victims seems to be, “Be grateful for the few scraps of government funding that drop from the table and if you complain about the disparity, you won’t even get that.” The reality is that most governments are willfully blind to and/or profit from the suffering and victimization of their male citizens. Since men are currently the most underserved group of domestic violence victims, one would think funding the few organizations that help this population would receive priority from state and federal programs. Instead, male abuse victims are begrudgingly acknowledged, that is if they are acknowledged at all.
According to RADAR (Respecting Accuracy in Domestic Abuse Reporting), less than 10% of the United States OVW’s (Office of Violence Against Women) funding is used to help male victims. A big part of the problem lies in the very names of the OVW and the VAWA (Violence Against Women Act). “Violence against women” is exclusionary and ignores half of all domestic violence victims. Even worse, it demonizes men as perpetrators and women as victims in the majority of domestic violence cases, which simply is not true.
It also doesn’t help that the U.S. Department of Justicerefuses to fund research about male victims of domestic violence. On page 6 of the DOJ’s solicitation for proposals on intimate partner violence and stalking, they have a section that explicitly states what kind of projects they will not fund, including:
Proposals for research on intimate partner violence against, or stalking of, males of any age.
Despite the abundance of peer-reviewed research on male domestic violence victims and female perpetrators, most domestic violence awareness campaigns focus exclusively on female victims as if our society isn’t already well aware that women can be victims of domestic violence. Many domestic violence organizations persist in publishing long ago debunked statistics that portray women as the victim and men as the primary aggressors in the majority of domestic violence cases.
One of the huge problems we have in our fight for Family Law Reform is the problem of “enablers”.
We’ve got so many people enabling and empowering the horrific behavior going in within Family Law.
We’ve got lawyers counseling clients that it’s right and good for them to limit or eliminate the relationships between children and NCP’s to gain freedom and child support. We even have lawyers who will subtly coach clients on how to make false allegations to gain an advantage.
We’ve got judges who absolutely detest hearing custody disputes, so they use a variety of direct and indirect methods to make the cost of enforcing visitation prohibitively expensive (child support, litigation, procedure, unequal enforcement of family court orders)
We’ve got court-appointed social workers who are making a killing by mining data the necessary data to support a decision they already know the Court wants to make.