Confused about what “best interests of the child” means?

…so are judges, attorneys, and especially psychologists. So don’t worry, you’re not alone…

“Best Interests of the Child”
– Fact or Lyrical Poetry?

Family Court Professionals Disclose the Truth – Weightier Matter

Don’t worry, you’re not alone.  So are judges, attorneys, and especially psychologists.

AFCC_Tampa_Brochure_2006-3-1At AFCC’s 2006 national conference in Tampa, FL, family court professionals gathered to discuss whether “family” or “parents’” rights were compatible with the “best interests of the child” standard.  But in comparing “rights” to “best interests,” the discussion took an unexpected turn to a more fundamental question:

What does “best interests” really mean?

Does it take a Ph.D. to know the answer?

Do judges know any better than lawyers, psychologists, or parents themselves?

Does anyone really know what “bests interests” means and how to determine it for any child or family?

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A WEBSITE TO HELP PARENTS AND KIDS SUFFERING FROM PARENTAL ALIENATION SYNDROME

Defending Our Children and Families

“Don’t worry when you are not recognized, but strive to be worthy of recognition.” Abraham Lincoln.

The American Parents’ Pledge ( ESPAÑOL AQUÍ):

Please pass it forward. Buy someone else a booklet. Donate $1 here: https://www.paypal.com/signin/?country.x=US&locale.x=en_US Education is power!

Another Dad’s Story~

On June 6, 2012, DCF (Department of Children and Families) came to my house with yet another one of multiple false DCF calls alleging that my whole family, my parents, my brother, my new wife and I were mistreating our children. That afternoon, I called my children and prayed with them a prayer I had taught them and had posted on my refrigerator, and which I even use to teach Sunday school children with, The Spiritual Armor of God found in Ephesians 6. To my surprise, my ex-wife that same night was delusional and called police and DCF around midnight alleging that I was scaring her and my children by telling them that an evil spirit would come and kill them all, and that she was scared that I was the evil spirit that would come and kill them (see denied Domestic Violence petition).

The accusation was so outlandishly foolish and laughable, especially in light of my ex’s history of Bipolar Disorder with psychotic featuresParental Alienation, and sociopathic behavior such as repeated false accusations, having an affair and absconding with my children in another country  (see letter to ambassador to Nicaragua, and e-mail with State Department), and because my own son had denied this accusation in a legally obtained phone recording, that I thought that there was no way a Judge would even waste his/her time with it, especially since a Judge had already considered similar accusations before, and she had been caught on camera assaulting me, and then lying to police showing with bruises all over her body, and her own ex-boyfriend had confessed what she had done when she decided to alienate him from their yet not even born son and came back to the U.S. to have their child. Unfortunately,  the original Judged had been changed, and I was completely wrong for I did not realize that I was dealing with the Miami-Dade Family Court system, and with some Judges that are flat out either incompetent or corrupt, and should have never been in Family Court in the first place.

dysfunctional-family-courts-2015

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Kangaroo (Family) Court Corruption Commission

Judicial Conduct Commission Renamed Kangaroo Corruption Commission | Leon Koziol.Com

It’s been awhile since Supreme Court Justice Abe Fortas depicted family courts in America as “Kangaroo” operations, see In re Gault, 387 US 1, 27-28. But Abe never came across New York’s Commission on Judicial Conduct. Now that’s a kangaroo commission if there ever was one. Its members are appointed by corrupt politicians such as Sheldon Silver (now in federal prison), Dean Skelos (convicted of federal crimes) and Andy Cuomo (currently under federal investigation). Governor Andrew Cuomo  prematurely dissolved his own corruption commission when testimony (i.e. me) began implicating the politicians who created it.

Another entity, the Joint Commission on Public Ethics, was created by the same trio of politicians in 2011 as part of a “Clean-Up Albany Act.” By 2015, state legislators were decrying it as “J-Joke” for its impotence. The chair of that Commission was recently named Chief Justice of New York’s high court by the same Governor Andy Cuomo who created both commissions. That should have all people visiting or doing business here very concerned.

Yeah there are so many taxpayer financed commissions these days that the public cannot figure them all out. Hell they all sound good, but what are they accomplishing? The third one (featured here) has kicked legitimate complaints against judges to the curb faster than its kangaroo sister commission in California (reported to have rejected more than 90% filed). It’s a nationwide epidemic calling upon the citizenry to make a stand. A rally has been set for September 17, 2016 at Lincoln Memorial in Washington D.C.  Be there !

As a result, this Judicial Conduct Commission has been renamed the Kangaroo Corruption Commission (KCC) by victimized litigants to accurately  describe the entity’s true character. Okay it’s not official yet, but we commoners who pay taxes and put up with their circus show like to be graphic with what’s really going on. We’re not so easily duped into believing that a catchy title with elite law firm members verify a genuine commitment to public service. They’re the foxes watching the chicken coup. So we call it as we see it.

Today I received yet another letter from “Jean M. Savanyu” clerk of the Commission advising me once again that Lewis County Family Judge Daniel King (“Dan King” as he introduced himself to my family court opponent on the phone) is just a-okay. Now for our 6,000 followers, you all know this can’t be right. Dan King has committed so much misconduct that anyone coming into “his” court should bring along a recorder (since he caused one of my secret custody proceedings to be unrecorded so his misconduct could be concealed).

Appealing such clear misconduct is equally impotent. In my case, the “honorable” Nancy Smith of the Fourth Department denied recourse against King when he issued a support violation order impossible to comply with because it required support payments to an agency without legal authority to accept it.

Dan King was simply abusing judicial office in retaliation for my (accurate) public criticisms of his incompetence (see listing below). Nancy is the only judge above trial level ever to be slapped on the wrist by the KCC for giving a glowing reference to a person she never met for personal and political gain as a judge. Does anyone seriously think she could be impartial here?

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Lawyers and Politicians Actually Want You and Your Children To Suffer

Why Lawyers & Politicians Actually Want You and Your Children To Suffer

You might have noticed that the theme of our most recent publicity messages center around “sharing the truth”.

And there’s a reason for this: we’ve been seeing a rather robust effort on the part of our opposition to blatantly lie to the Public in an attempt to thwart Family Law reform.

In reality, this is not new.  Because they’ve been doing this for the last forty years or so.

Never the less, you’re probably seeing a ridiculous talking point come up a lot lately.  I’ve seen it all over, and it’s probably best described by a Facebook post I saw in the Love and Iron newsfeed from NC Fathers.  Here is the opening post:

“In speaking w/ a NC Legislator yesterday, she exclaimed that in many cases the only reason a non-custodial parent would want shared parenting or joint custody is so that they could lower child support payments.”

I then followed up with a post to that thread describing my disgust with National Organization for Women (NOW) and other anti-equal parenting lobbying groups; because it’s become apparent that this is one of the universal talking points that’s being injected into the public commentary – I’m simply seeing it all over.  Basically, here’s  what they’re saying:

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Families will be destroyed under the guise and by immunity bestowed upon Family Court Judges

PRESS RELEASE: Bill Scheidler, candidate for representative, district 26, position 1, states his platform | Corrupt Washington

This is the vicious cycle of corruption, which can be illustrated as follows.

Until VOTERS want an honest government where the rule of law prevails, taxpayers will be asked to pay for incompetence, corruption, over regulation, poor schools, substandard wages, dwindling jobs …; families will be destroyed under the guise and by ‘immunity bestowed upon child protective services, court ordered guardianship, probate and bankruptcy …; individuals will be abused by prosecutors, police and local government entities; and business will be regulated OUT OF BUSINESS.

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Fathers for Equal Rights! #FatherlessDay

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What Is A Divorce?

di·vorce – dəˈvôrs/  noun ~ the legal dissolution of a marriage by a court or other competent body.
  1. verb ~ legally dissolve one’s marriage with (someone).

law-firm-ppt-4-6388

A divorce can be many things. It is a legal proceeding to end a marriage. Divorce laws differ from state to state regarding the requirements and reasons or grounds for a divorce. The mechanisms and procedures for obtaining a divorce differ from state to state as well. In every state there is a legal requirement that a divorce proceeding be filed to end the legal marriage between a couple.

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Lawyers and Bureaucrats Get Child $upport Billions

Billions in Child Support Going to Lawyers and Bureaucrats | Leon Koziol.Com

Public Apathy and Lack of Accountability in Family Court are Damaging Our Children

REFORM CHILD SUPPORT NOW FLORIDA - 2016

While federal and state prosecutors focus on high profile politicians for public accountability, our third branch of government remains self regulated and largely overlooked. As a result, parents, children and extended families are being fleeced by lawyers and third party beneficiaries every day to unconscionable levels. It’s all part of a lucrative child control industry.

Consider the recent custody case reported by the New York Post involving Dr. Eric Braverman, a highly committed father and respected neuro-surgeon in Manhattan who spent more than $4.5 million in an unsuccessful attempt to retain a meaningful relationship with his children. A judge-appointed attorney for those same children went to horrendous lengths to pervert this man’s efforts with fees approximating a half million dollars.d5ba7-florida2bchild2bsupport2bsystem2breform2bcyber2bprotest2b-2b2016

Now come on folks, let’s not lose sight of sanity here! How can one lawyer acting on behalf of immature and unsuspecting children be worth so much on a single case? Was this lawyer truly committed to “client” interests or was he seeking to justify his gigantic personal pay-out for a dubious role in a sensitive matter?

More disturbing, while this lawyer was busy racking up billable hours in his agenda against the father, those fees were being exacted from the same children’s college funds. Once again, it all goes back to our earlier posts warning followers of Leon Koziol.com that no amount of fees is enough once you enter divorce and family court.We even offer a program to convince would-be victims to choose mediation, counseling and alternative resolutions.Enforce Visitation NOT Child Support - 2016

Compounding this uncontrolled greed is the lawyer glut entering the market. There are more than 1.25 million licensed attorneys in the United States today with about  300,000 in California alone and at least that many seeking a law school education each year. These people have to work somewhere and the bureaucrats are making room for them in family court. This is where apprentices typically learn their trade and marginal lawyers can concoct litigation to last an entire career.

The public is generally unaware that our federal government rewards the states by the number and magnitude of support awards generated in their family courts. It doesn’t take a rocket scientist to conclude that such incentive grants make the decision makers inherently biased against fathers.  Support obligations are artificially hiked through such judge-created fictions as imputed income. Fathers comprise 82% of support debtors per our Census Bureau. Child Support - 2014

To give an appearance of ethics, many states impose rules which prohibit lawyers from executing contingent fee arrangements in domestic relations cases. However, exceptions have been crafted which allow them for support collection purposes. This gets very interesting when you look deeper into the deceptions and the greed.

Think of it! A lawyer can now charge thousands of dollars in up front fees and billable hours during protracted litigation and then double dip on the back side by getting a third of the actual support intended for the children. The state typically gets all the interest generated off these awards in addition to a custodial fee and the federal incentive money.

In New York, the tax department is assigned support enforcement authority. In effect the state is intervening with all its machinery on the side of the so-called “custodial parent” while no similar powers are offered to the lower class parent to remedy child access deprivations. It prompted one state Supreme Court justice to question the state’s involvement in a private debt between self sufficient parents.

If you’re a debtor, you could be charged with your lawyer’s fees, the children’s lawyer, opposing fees, the contingency collection fee and court costs such as counseling, supervision and “parent education” as they call it. In countless cases, particularly those involving veterans and minorities, the debtor fathers will never be able to complete their servitude, landing them in debtor prisons. This will only add to our tax burdens and a dubious distinction as the most imprisoned population in the “free” world.

This kind of piling-on caused one police investigator to commit a murder-suicide, leaving three children without parents and city taxpayers with a $2 million liability. Nowhere in the civil rights case will you read about this father leaving support court living on $28 per week, see Pearce v Longo, 766 F. Supp. 2d 367. It begs the question: what would make a law man resort to such extremes after following the “proper” channels?

We’ve been doing our best to inform you of these alarming developments because the media is ignoring this crisis. But we cannot continue to do so without your financial support in a war against a trillion dollar industry. Public apathy has allowed this to happen along with the lawyer greed shockingly rationalized to be in our children’s best interests. It is a gold mine of unparalleled proportion that is causing so many of our social ills today.

And who pays for that?

By Dr. Leon R. Koziol

Please help us by sharing this post with friends, contacts and media:

Petition to Congress: Family Court Corruption and to Abolish Title IV-D Funding from States to have incentives to illegally courtnp children, CPS corruption, judicial corruption

Source: Billions in Child Support Going to Lawyers and Bureaucrats | Leon Koziol.ComChild Support Truth - 2015What child support looks like - 2015

Outright abomination against rudimentary civil rights and principles of law.

“You have bullsh*t; we have research”: The National Coalition Against Domestic Violence v. Daddy Justice (Or, Why False Allegations Are a Serious Problem) | TALKING BACK to restraining orders

(Note: The word in the video’s title should be spelled “poohbah,” after a comic opera character whose name was probably formed from the interjections pooh + bah. Mr. Vonderheide’s spelling it “poobah” might have been an accident—or it might have been on purpose.)

false-accusersThe setting of the interview, which would more aptly be called an exchange of words, isn’t clear, but it seems to be a post-conference mix-and-mingle. Mr. Vonderheide takes issue with the NCADV’s feminine bias and the propagandist tenor of the fact sheets it publishes, which aren’t uncommonly cited by feminist advocates.

As the quotation in this post’s title suggests, the questions he poses to Ms. Smith aren’t favorably received. Those questions regard the NCADV’s disinclination to acknowledge maternal child abuse (Ms. Smith: “It’s not our focus of work”), as well as its denial that false accusations of domestic violence are a serious problem, false accusations that Mr. Vonderheide alleges are “promoted by [the NCADV’s] budget.”

Daddy Justice’s interview style (à la Michael Moore) is obtrusive—he’s plainly crashed the party—but while Mr. Vonderheide is necessarily assertive, the worst you could say of his questions is that they’re confrontational. They’re nevertheless called “abusive” and “aggressive,” and he’s prodded to leave.

False allegations of abuse is a crime - 2016The grudging answers his questions prompt before he’s rebuffed don’t provide much informational grist for the mill, but to his allegation that more than 80% of restraining orders are based on false accusations, Ms. Smith significantly counters that her facts say it’s only “2% of the time” (and she urges Mr. Vonderheide to “stop lying”). Later she revises her estimate of the number of false accusations from 2% to “2 to 5%,” dismissively, despite the fact that if, say, 2,000,000 restraining orders are petitioned a year (and the total may be much higher), the extra 3% translates to the invasion, disruption, and possible dismantling of 60,000 innocent defendants’ lives, besides those of their children and others peripheral to the mischief.

A mere 5% false allegation rate means the victimization of 100,000 (or many more) innocent people per year (again, not including ambient casualties). Anecdotal reports, of course—including from judges and attorneys—put the false allegation rate 6 to 18 times higher than 5% (30 to 90%). It just depends who you’re asking.

Even a ridiculously conservative false allegation rate like the posited 5% plainly recommends legislative reform, because there’s absolutely no accountability in the restraining order process. eb1c6-stopfalseallegationsFalse accusers aren’t punished, and damages from false allegations aren’t remediable by lawsuit. Additional false claims can what’s more be lodged almost immediately by the same accusers using the same process. There’s no statutory ceiling on the number of orders a single complainant may apply for. (Some victims of procedural abuse report spending tens of thousands of dollars to fend off one petition only to throw up their hands—and in cases forfeit their custody entitlements—when a second comes down the pike a few months later. See here for an example.)

It should be appreciated, too, that any audit-derived estimate of the number of false allegations can only be based on allegations that are recorded as false (by “somebody”). No official false allegation rate accounts for the number of times false allegations succeed or the number of times cases based on them are simply “dismissed” without comment.

In other words, false allegations may well be rampant or “epidemic” (a word favored by anti-domestic-violence advocates), and there would be no record that says so.

The nyah-nyah from the title—Family Court Promotes Domestic Violence - 2015“We have research; you have bullshit”—deserves reflection, also. (It doesn’t come from Ms. Smith, incidentally, but from an unidentified confederate who can’t resist a Parthian shot at Mr. Vonderheide before she and the “Grand Poobah” turn their backs to him).
The “research” that advocacy groups posit is survey-based, that is, it amounts to responses to questionnaires that are administered to sample groups and then extrapolated to the population as a whole. Even this survey data we must take on faith.

Appreciate that conducting “research” of this sort depends on means, which depend on money, which is only allocated to groups like the NCADV. Consider:

The NCADV’s reported income for 2011 was $643,797, down about $70,000 from the previous year. Ms. Smith’s salary was $74,586.

False Police Reports - 2016Among the programs toward which the NCADV’s 2011 budget was dedicated were “General Program – provides information to educate and inform the general public about domestic violence” ($240,991), “Public Policy – works in collaboration with other national organizations to affect societal response to domestic violence through public education and coalition building, monitors federal legislation, and contacts legislators regarding domestic violence issues” ($88,808), “Membership – publishes a newsletter and provides networking  opportunities for individuals and organizations interested in the work to empower battered women and their children” ($67,607), “Child custody – provides resources, referrals and support to advocates working with victims of domestic violence involved in family court cases with their abusers also provides resources to victims, attorney, and family members when family court issues are present” ($97,402).WE LOSE - 2016

In contrast to the social largesse enjoyed by groups like the NCADV, no money is allocated for the administration of surveys to determine, for example, incident rates of depression, drug or alcohol abuse, stress-related injuries, or suicide proximal to being falsely accused; no surveys appraise the resulting lost earnings and assets; and no surveys attempt to measure the hits taken by health insurance providers as a result.422285_173654012769725_682855998_n Prognosis of the long-term consequences to the welfare and life prospects of injured children is, moreover, impossible. Worse, it’s not even considered, which casts rather a long shadow on the purported “mission” of groups like the NCADV to protect kids.

Clearly, that motive is context-specific.

Daddy Justice makes up for the lack of information his “interview” questions elicit with quotations interposed between snippets of footage. Here are some of them:

  • “Everyone knows restraining orders…are granted to virtually all who apply.” […] “In many cases, allegations of abuse are used for tactical advantage” (Elaine Epstein, former president of the Massachusetts Bar Association).
  • “Restraining orders are now considered part of the ‘gamesmanship of divorce’” (Illinois Bar Journal, 2005).
  • “In nonreciprocally violent relationships, women were the perpetrators in more than 70% of the cases” (American Journal of Public Health, May 2007).
  • “Women were slightly more likely than men to use one or more acts of physical aggression and to use such acts more frequently” (Psychological Bulletin, 26, No. 5, pp. 651-680).
  • “Leading sociologists have repeatedly found that men and women commit violence at similar rates” (Law Professor Linda Kelly, 2003).
  • “More women than men engage in controlling behavior in their current marriages” (Violence and Victims, 22, Issue 4, 2007).
  • “Of all persons who suffer injuries from partner aggression, 38% are male” (Dr. John Archer, Psychological Bulletin).
  • “There is no doubt that this law [Ohio’s domestic violence statute] has been abused” (Judge Nadine Allen of Hamilton County, Ohio).
  • “Standards for proving abuse have been so relaxed that any man who stands accused is considered guilty” (Cheryl Hanna, William and Mary Law Review).
  • “Women are nine times more likely to report domestic violence than male victims” (National Family Violence Survey).
  • “85% of temporary restraining orders are filed against men” (Cathy Young, “Domestic Violence: An In-Depth Analysis,” 2005).
  • “Many judges view restraining orders as ‘a rubber-stamping exercise,’ and subsequently hearings are ‘usually a sham’” (Attorney Arnold Rutkin, Family Advocate, Winter 1996).
  • “The mere allegation of domestic violence may shift the burden of proof to the defendant” (Massachusetts Law Weekly, 1995).

Notable is that cited remarks from legal experts that categorically define the restraining order process as prejudiced, if not an outright abomination against rudimentary civil rights and principles of law, may be a decade or decades old. Rhetorical stances like the NCADV’s aren’t fooling anybody in the know, and they haven’t for a long time. But they continue to dominate political debate. They’re heeded because they’re supposed to be. Not coincidentally, women’s advocates hold the keys to the treasury.dom vio statistics - vawa 2015

The value of Mr. Vonderheide’s video, finally, isn’t in the information it educes or even the information it asserts but the psychological study it offers of the women behind the dogma and the sway they exercise on public perception. His questions, only impeachable as indelicate, inspire predictable reactions: antagonism, levity, or disdain.

According to tried and true method (a method both practiced and preached), the “self-reliant” feminist women who are the targets of Mr. Vonderheide’s questions register alarm. These deniers of false allegations and undue hysteria…call the police.

Copyright © 2015 RestrainingOrderAbuse.com

*Daddy Justice’s videos can be found here.

Source: “You have bullsh*t; we have research”: The National Coalition Against Domestic Violence v. Daddy Justice (Or, Why False Allegations Are a Serious Problem) | TALKING BACK to restraining orders Jail for false allegations - 2016

The Evidence Standard To Fight Corrupted Family Courts

Evidence - 2016Preponderance of Evidence Standard

Under some circumstances use of the low preponderance of evidence standard may be a violation of constitutional rights. For example, if a state seeks to deprive natural parents of custody of their children, requiring only proof by a preponderance of evidence is a violation of the parents’ DUE PROCESS rights (Santosky v. Kramer, 455 U.S. 745, 102 S. Ct. 1388, 71 L. Ed. 2d 599 [1982]).Due Process Right TFRM - 2016

Freedom in matters of family life is a fundamental liberty interest, and the government cannot take it away with only a modest evidentiary standard.

However, a court may use a preponderance of evidence standard when a mother seeks to establish that a certain man is the father of her child (Rivera v. Minnich, 483 U.S. 574, 107 S. Ct. 3001, 97 L. Ed. 2d 473 [1987]).

Most states use the preponderance of evidence standard in these cases because they have an interest in ensuring that fathers support their children.Child on the stand - 2016

Fight Corrupted Family Courts and CPSStop Gender bias and discrimination in Family Courts - AFLA Blog 2016

via Preponderance of Evidence Standard | Fight Corrupted Family Courts and CPSParental-rights (1)

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