Self Representation Program in Divorce and Family Courts

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It’s human nature to seek out a partner in life, and to possibly marry and have children. Unfortunately the matrimonial establishment, as we are all aware, is being methodically torn down by a demoralized society.

Sadly the divorce rate is still on the rise and the foundation of marriage is being devalued and is crumbling. As adults we learn to adapt and move on when divorce attacks our lives but for children this is another story. They are the real victims of divorce and unfortunately they will suffer dearly from our selfishness and in most cases follow the same path of destruction if not worse.

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Welcome to Leon Koziol.Com

America’s leading authority on family court reform with over 25 years of trial experience has developed a  Family Court Program specifically for you – regardless of how far along you may be in the process.

Having previously appeared on the television news program 60 Minutes, CNN and in the New York Times, Dr. Leon Koziol, J.D., wants to help you take control of your family court case.

After hearing ordeals from countless unsuspecting victims, their financial and emotional devastation by the lucrative family court machine, Dr. Koziol knew that he could no longer just sit back and watch these atrocities continue.

“We have an epidemic here in America and no one is doing anything to cure it. There’s a direct correlation between family courts and suicides among parents, veterans and children. And the statistics show it is occurring at an alarming rate. If I can save one person from taking…

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Should a Father be allowed in the delivery room for the birth of his child?

…over the mother’s objections?

Judge Rules That a Mother’s Rights Trump the Father’s in the Delivery Room

Rebecca DeLuccia and Steven Plotnick agree that they started a relationship in late 2012 and that DeLuccia learned she was pregnant in February 2013. do-you-really-want-to-litigate-2016Plotnick proposed and they got engaged. By September, they had broken up. Plotnick wanted to be involved with the pregnancy and with the child. Which is good, right? It’s what we want fathers to do. But in this case, for whatever reason, Plotnick lawyered up. In October, Plotnick’s lawyer wrote to DeLuccia, and then she got a lawyer too, and over the next month letters went back and forth about who would sign the birth certificate, who would be at the hospital for the birth, and—as Mohammed delicately puts it—whether there would be “litigation to resolve the matter if it could not be resolved amicably.”

In November, Plotnick sued, saying DeLuccia was refusing to let him sign the birth certificate, tell him when she went into labor, or allow him to be present for the delivery. DeLuccia responded by denying the first two accusations but saying that yes, she “will request her privacy in the delivery room,” as the judge writes. She said she would put Plotnick’s name on the list of visitors for after the delivery, though.Fathers

That sounds like a pretty good compromise to me. Once the baby is born, it’s about the baby. Before that, though, it’s about the mother, too—there is just no way to separate her from the fetus. That’s the basic reality of nature that should allow a mother to decide the circumstances of her labor and delivery.

“It is an inescapable biological fact that state regulation with respect to the child a woman is carrying will have a far greater impact on the mother’s liberty than on the father’s,”

…the Supreme Court said in 1992 in Planned Parenthood v. Casey, the case that reaffirmed Roe v. Wade and also held that states can’t require women to inform their spouses that they’re having an abortion.

If a women doesn’t want her ex in the room while she gives birth—an ex who she’s not talking to and who after all is suing her—then he can wait in the hallway. He’ll still have plenty of opportunity to bond with his newborn.

The same logic of biology convinced me that a New York judge was wrong last year when she barred Sara McKenna, a former Marine and firefighter, from moving from California to New York, because she wanted to go to Columbia University, when she was seven months pregnant. The father of McKenna’s child was the Olympic skier Bode Miller, and he tried to block her from moving across the country by asserting his paternal rights before his child was born.

An appeals court quickly reversed that order. Again, fathers just cannot have rights over fetuses that interfere with a woman’s freedom of choice and movement in this way. Once the child is born, the law can accord equal rights to fathers and mothers. Before birth, it just cannot.

I recognize the pathos and irony here in turning fathers away. To resolve the dispute between Plotnick and DeLuccia, Mohammed turned to New Jersey’s parentage act, which he pointed out was designed “to help families deal with the problems posed by fathers who seek to avoid paying child support.”

In other words, deadbeat dads. Steven Plotnick has been anything but that, and with any luck his child’s life—and maybe DeLuccia’s, too—will be the better for it. But the impulse to want what’s best for his child could have led Plotnick to give DeLuccia her space rather than (figuratively) pounding on her delivery room door. As Mohammed pointed out, New Jersey and federal law also protect DeLuccia’s privacy rights as a patient. And he rightly notes that dealing with Plotnick’s uninvited presence could “add to an already stressful situation” in a way that “could endanger both the mother and the fetus.”

Surely Plotnick would agree that the baby’s health is paramount here.

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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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