What must be done about the censoring of divorce and family court reform?

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As families across America celebrate Father’s Day, this year they will be honoring a right that our Supreme Court has repeatedly recognized as the “oldest of fundamental liberty interests.”More than a freedom protected under the American Constitut…

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Welcome to Leon Koziol.Com

Administrator’s Note:

Only months ago, we were getting messages and phone calls from Europe to Hawaii and everywhere in between. Some of our postings received over 2,000 views in 24 hours. Today we are averaging less than fifty. Could it be Facebook and on-line censoring? It has already been confirmed regarding the IRS and its targeting of conservative groups like ours (never prosecuted by the Obama administration).

During the week before Election Day, we posted a column about the Justice Department and Attorney General Loretta Lynch blocking reports (including our own) demanding an investigation of Title IV-D funding abuses in our nation’s family courts. We called it a “Pay to Parent” scandal involving a trillion dollar industry. Our viewership tanked dramatically after that, for example yesterday’s publication which is reprinted below .

In reaction to that publication, some of our followers are pressing for courthouse protests across the country…

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Unwed biological fathers are often told they have no rights when it comes to their infant children

Unwed Father’s Rights Need Safeguarding!

By Jeffery Leving | Leving’s Divorce Magazine

Unwed biological fathers are often told they have no rights when it comes to their infant children when placed for adoption. reform-family-law-tfrm-2016The fact they fathered their child is not considered important when the mother decides, on her own, to give the infant child up for adoption in certain circumstances.

But, this gender disparity in equal protection and due process in parental rights is changing.

Recently, the State of Utah adopted House Bill 308 that is designed to safeguard unwed paternal rights in regards to children six months or younger from being adopted. This law would require unwed fathers to be issued official notification of the mother’s intention to give their infant child up for adoption in certain circumstances. Once received, the father would then have 30 days to assert his rights as a parent and petition the court for custody. This closes a loophole which had allowed mothers to circumvent notifying the biological father and thus committing the ultimate act of parental alienation – terminating the father-child relationship forever.

Common sense and fair play would argue that if an unwed mother decides to give up her rights to a child, then the biological father would automatically be given the opportunity to take custody of his child. Instead, a stranger can be given the right to adopt the child, often without the father even knowing he will never see his child again.do-you-believe-2016

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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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Non Payment of Child Support Indigent Defense | Turner v. Rogers

Turner v. Rogers and its Importance in Indigent Defensemoney-from-feds-2016

| Criminal Law & Psychology Blog |

|Posted on |

I wanted to take some time out of my schedule to discuss Turner v. Rogers while it’s still recent and I remember my thoughts on the matter.  First, I will provide some basic background on the case.  Then, I will discuss the basic legal and policy arguments of the case.  Finally, I will turn attention to my predictions and the importance of this case for indigent advocacy in general.

I. HISTORY OF THE CASE

What is this Turner v. Rogers case I’m talking about?  The answer, thankfully, is rather straightforward.  This case involves two indigent parents involved in a dispute over child support.  The mother, Ms. Rogers, brought a straightforward court claim against Mr. Turner for child support he owed to their daughter.  So far, nothing out of the ordinary.

The noteworthy aspect of the case is that Mr. Turner is indigent, a formal term for a person who is poor; presumably below the poverty line.  In terms of full disclosure, both Ms. Rogers and Mr. Turner were indigent parents.

The court in this case held Mr. Turner in contempt for failing to pay for his child support obligations.  A proper defense to this failure is an inability to pay based upon lack of necessary income.  If that’s the case, why did the judge hold Mr. Turner in contempt?  There is both a broad and specific answer.  The broad one is that the poverty defense is an affirmative one — one that a defendant must prove in order to avoid being held in contempt.  The specific answer is that Mr. Turner lacked an attorney, who would have certainly asserted this defense.

In these situations, a person can typically be held in either civil or criminal contempt, the specifics of which vary by jurisdiction.  This case occurred in South Carolina, where a person facing civil contempt may be incarcerated as a result.  That’s what occurred with Mr. Turner, who was sentenced to serve jail time for being what most us know in lay terms as being “a deadbeat dad.”

Mr. Turner appealed his case all the way up to the South Carolina Supreme Court on the grounds that he was entitled to have an attorney appointed for him since he could not pay for one on his own.  The South Carolina Supreme Court disagreed with his claim and, as a result, he petitioned the US Supreme Court to hear his case.Family Court vs Criminal Court - 2016

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Lawyers would rather try heinous murder cases rather than one family law case.

Family law is not for the faint of heart, and institute teaches best principles and methods ~ Tulsa WorldAmerica legal system failure 2016

Family law is a tough practice.

Children’s futures are at stake. Homes and any monies involved are being divided. Cases turn ugly in a moment, and attorneys representing their clients must be prepared for these sometimes unexpected mood shifts.

Family Court vs Criminal Court - 2016.pngSome Tulsa attorneys admit they would rather try a number of heinous murder cases rather than one family law case.

Judges have been heard to say they dread the controversial and contested family law cases because no one clearly is the winner and everyone loses when all cards have been played.we-need-a-winner-2015

Even attorneys involved in a family law practice have difficult times because of the twists and turns a case might have. Shane Henry, who practices family law with the Fry and Elder Law Firm, said he consistently lost cases during his first three years in practice and knew he needed additional training.

The question was where to go.

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Captured By A Gender Ideology

W.A.V.E. Women Against VAWA Excess

Title IX and the Office for Civil Rights: Captured by a Gender Ideology

Recently the National Organization for Women held its 50th Anniversary Conference in Washington, D.C. One of the sessions, “Ride the Title IX Wave: Expanding the Network and Protecting LGBTQIA Students,” revealed the extent to which the Title IX law and the Dept. of Education’s Office for Civil Rights have come under the sway of a controversial gender agenda – all in the name of promoting sex “equality.”

The session’s description stated:

“One excellent example of how Title IX compliance can be successfully applied comes from the University of New Mexico where a cross campus collaboration strengthened LGBTQIA inclusion and visibility. A tool kit will be distributed on how to work with university officials and the community to advance LGBTQIA interests, leverage legal liability and build a strong foundation for Title IX compliance.”

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Alternatives that respect free speech and the open arena of ideas

As many of you know, we just had a magnificent conference on men’s issues in London, England. It was a brilliant event that went off without a hitch.socheader1 Thanks to the work of Mike Buchanan it was a full house, wall to wall with amazing people.

The only downer of the entire event was that I had to make the announcement during my speech that the A Voice for Men Facebook page was deleted by the management there. Also, at this point I can say that my appeal to have the page reinstated has gone ignored. 35,000 followers dismissed by Facebook for not towing the feminist, politically correct line.

This is part of a now quite familiar trend of social media platforms, which are essentially the modern equivalent of what we used to call telecommunications companies, controlling the expression and even the ideas of their customers.

Every time one of these events happens on Twitter, (and again) Facebook or other popular outlet, we see people in the comments lamenting the dogmatic discrimination and suggesting that “someone” needs to create an alternative platform.

Here’s your chance to reclaim free speech

They’re right. Someone needs to create alternatives that respect free speech and the open arena of ideas. So we did.

It’s now located at socfreespeech.com.

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Using Reddit open source software, we have created a platform where current events and self-published ideas can be discussed without the interference of political correctness.

As you will see in the terms of service, there is a very narrow range of postings not permitted. They are as follows:

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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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