Civil Conspiracy in Divorce Actions

Family Civil Rights Movement - 2015Civil Conspiracy and Civil RICO in Divorce Actions – Family Law Reader

I. Introduction

There is little question that fraud in procuring a settlement agreement can justify setting aside the agreement and judgment. E.g., In re Marriage of Modnick, 33 Cal. 3d 897, 191 Cal. Rptr. 629 (1983); Compton v. Compton, 101 Idaho 328, 612 P.2d 1175 (1980); Anderson v. Anderson, 399 N.E.2d 391 (Ind. Ct. App. 1979); Daffin v. Daffin, 567 S.W.2d 672 (Mo. 1978).

Fraud in procuring a settlement can also be the basis for an independent tort action. Hall v. Hall, 455 So. 2d 813 (Ala. 1984); In re Benge, 151 Ariz. 219, 726 P.2d 1088 (Ct. App. 1986); Dale v. Dale, 66 Cal. App. 4th1172, 78 Cal. Rptr. 2d 513 (1998); Den v. Den, 222 A.2d 647 (D.C. 1966); Oehme v. Oehme, 10 Kan. App. 2d 73, 691 P.2d 1325 (1984); Burris v. Burris, 904 S.W.2d 564 (Mo. 1995); Carney v. Wohl, 785 S.W.2d 630 (Mo. Ct. App. 1990); Hess v. Hess, 397 Pa. Super. 395, 580 A.2d 357 (1990). See also Vickery v. Vickery, 1996 WL 255755 (Tex. Ct. App., December 5, 1996) (wife awarded $9 million against husband for fraudulently procuring divorce and marital settlement agreement, and $450,000 against husband’s attorney),affirmed over dissent in light of Schleuter v. Schleuter, 975 S.W.2d 584 (Tex. 1998),Vickery v. Vickery, 999 S.W.2d 342 (Tex. 1999). See generally, Robert G. Spector,Marital Torts: The Current Legal Landscape, 33 Fam. L. Q. 745, 757 (1999); Cary L. Cheifetz, The Future of Matrimonial Torts: The Unmapped Landscape, 15 Fair$hare 4 (August 1995). The courts are especially harsh with spouses that commit fraud who are attorneys. Anderson v. Anderson, 399 N.E.2d 391 (Ind. Ct. App. 1979); Scholler v. Scholler, 10 Ohio St. 2d 98, 462 N.E.2d 158 (1984); Webb v. Webb, 16 Va. App. 486, 431 S.E.2d 55 (1993).

The concealment of marital assets during the divorce proceeding has also given rise to tort actions. Swain v. Swain, 576 N.E.2d 1281 (Ind. Ct. App. 1991); Garrity v. Garrity, 399 Mass. 367, 504 N.E.2d 617 (1987). But seeBeers v. Beers, 724 So. 2d 109 (Fla. 5th DCA 1998); Nederlander v. Nederlander, 205 Mich. App. 123, 517 N.W.2d 768 (1994); Smith v. Smith, 113 N.C. app. 410, 438 S.E.2d 457 (1994); Schleuter v. Schleuter, 975 S.W.2d 584 (Tex. 1998); Gardner v. Gardner, 175 Wis. 2d 420, 499 N.W.2d 266 (Ct. App. 1993).

Spouses have even been successfuly in asserting violations of securities laws. Evans v. Dale, 896 F.2d 975 (5th Cir. 1990). But see Head v. Head, 759 F.2d 1172 (4th Cir. 1985); McHugh v. McHugh, 676 F. Supp. 856 (N.D. Ill. 1988); d’Elia v. d’Elia, 58 Cal. App. 4th 415, 68 Cal. Rptr. 2d 324 (1997).

But what can a spouse do when a third party or parties conspires with a spouse to hide marital assets? Is there a cause of action against the third parties? Increasingly, some spouses have been turning to civil conspiracy and Civil RICO.

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American Family Courts and 1st Amendment violations of free speech

Part II — A Voice for Men

freedom-c421The tyrannical nature of Family Courts and their impact on fathers and children

Guy Mann recently penned his observations on the tyrannical nature of Family Courts and their impact on Fathers and Children.

Here we bring you the second and final part of his exposé.  ~ Via American family courts, the First Amendment, and violations of free speech: Part II — A Voice for MenUSA free-speech zone - 2016

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Abandon All Hope Ye Who Enter Here: The Hell of Legal Abuse Syndrome

See also this post about the death of Christopher Mackney, which contains links to his suicide note

First Amendment Rights from Beyond the Grave: Defense of a Suicide’s Publication of His Final Words by the Randazza Legal Group.” The circumstances that conduced to Mr. Mackney’s taking his life are chronicled in a forthcoming book by investigative journalist Michael Volpe, which is titled, Bullied to Death: The Chris Mackney Story.

Once you enter that court you feel nothing but attacked. Your life and decisions are no longer your own. Your children are stripped from the life you thought you were protected to live. People in the family court process step in between you and your child regardless of whether you are for or not.

Some like Chris are left with no hope of ever recovering. What do you do when the court you thought would protect you and your child from vicious attacks on your fundamental rights fails you? Where do you turn when you cannot afford justice and when there is no hope for it?

Let’s make 2016 the year of ‪#‎noexcuses‬ and restore justice and protection in every parent and child’s life. Let’s make 2016 the year of no more lost lives and ‪#‎fizfamilycourts‬ once and for all! ‪#‎neverfear‬‪#‎neverforget‬

Thomas Fidler's photo.

 · Funny River, AK · 
Exactly two years ago today Chris Mackney took his own life after enduring the horrors of family court as long as he was able.  The ex-wife (Dina Mackney) of Ch… See More

Bullied to Death:

Chris Mackney’s Kafkaesque Divorce – There is no one way or no best way to tell the story of a man driven by others to…Read More

How Do You Tell This Story?

There is no one way or no best way to tell the story of a man driven by others to take his life. I know, because I have been trying to explain to state leaders, media, and professionals how this is happening to good people who trust our legal system to work to protect them and their children. Challenging doesn’t even touch it. Author Mike Volpe…Read More

The Second Dream

I have a dream
that one day on the hills of any state
the sons and daughters of present fathers
And the sons and daughters of absent fathers
will be able to sit down together at the table with the whole family
I have a dream that all black children
will one day livein a nation
where they will not be fatherless
by a man who did not give a damn
but fathered by a man who loves them
with the strength and depth of God’s love.

Fathers who sacrifice for their children understand the value of their presence in their child’s life. They understand that whether present or absent good or bad they will make a permanent impact on the children.  And they choose to be a permanent positive impact.

The father must understand that he is more than a financial provider. The father helps to form his child’s identity. He helps the child in discovering his or her purpose in life. And has a starring role in supporting his children, mentally, emotionally, physically, psychologically and spiritually. He teaches; morally and spiritually guides, encourages, gives praise, hugs and kisses and says, “I love you just because you’re mine.”

A Call to Action

Let’s sacrifice for the dream that benefits our children. Let that dream be that each child in our communities has a father or father-figure who lovingly and actively engages in that child’s life. Let’s call on everyone from every sector of our community to make this dream a reality. It begins in our own homes with our own children. It ends in the homes of the children of the fatherless. It ends in the homes of the children who are fatherless. This is sacrificing for the Dream!

Let’s celebrate Dr. Martin Luther King, Jr.
Today we honor his life’s work to achieve equality for all.

Action Points for Dads on the Journey

  • Talk with a sibling or another childhood friend about your father’s influence and his character.
  • What historical or personal events have shaped who you are? Share those memories—and the way they changed you—with your children.
  • Challenge your child to take on a new level of leadership in one of his or her pursuits. (And be there to coach him along if he does.)
  • Dream with your kids. What will the world be like 50 years from now? What changes would benefit the most people?

Related Articles:

National Center for Fathering, reveals startling statistics about the difference that a father in the home makes in a child’s life.

Children’s Rights via Stop Emotional Child Abuse

1. Shared parenting preserves children’s relationships with both parents
2. Shared parenting preserves parents’ relationships with their children
3. Shared parenting decreases parental conflict and prevents family violence
4. Shared parenting reflects children’s preferences and views about their needs and best interests
5. Shared parenting reflects parents’ preferences and views about their children’s needs and best interests
6. Shared parenting reflects child caregiving arrangements before divorce
7. Shared parenting enhances the quality of parent-child relationships
8. Shared parenting decreases parental focus on “mathematizing time” and reduces litigation
9. Shared parenting provides an incentive for inter-parental negotiation, mediation and the development of parenting plans
10. Shared parenting provides a clear and consistent guideline for judicial decision-making
11. Shared parenting reduces the risk and incidence of parental alienation
12. Shared parenting enables enforcement of parenting orders, as parents are more likely to abide by an equal parental responsibility order
13. Shared parenting addresses social justice imperatives regarding protection of children’s rights
14. Shared parenting addresses social justice imperatives regarding parental authority, autonomy, equality, rights and responsibilities
15. The discretionary best interests of the child / sole custody model is not empirically supported
16. A rebuttable legal presumption of shared parenting responsibility is empirically supported

Am I the only one who sees this is wrong?

Activists For Change: With a mission of helping to bring awareness that by increasing the proportion of children growing up with involved, responsible, and committed fathers it will improve the well being of children.

AMERICANFATHERSLIBERATIONARMY.BLOGSPOT.COM

TALKING BACK to restraining orders

This is the third sequential post on this blog about Legal Abuse Syndrome (LAS), a condition proposed by marriage and family therapist Karin P. Huffer “that develops in individuals assaulted by ethical violations, legal abuses, betrayals, and fraud” and that’s exacerbated by “abuse of power and authority and a profound lack of accountability in our courts.” This post surveys accounts of affliction (and its sources) drawn from various websites.


Editorial intrusions and commentary in this post have been kept to a minimum, but some grammatical polishing is acknowledged.

You May Be Suffering from Legal Abuse Syndrome if You Have Been a Victim of DCF”:

I have been doing some reading on LAS (Legal Abuse Syndrome) and PTSD since I have begun to fear my own shadow. I hate the doorbell to ring. I run to the window to try to see who it might be, and rarely…

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