#1
Shared Parenting solves many of
the problems destroying children
and families today in the broken
family court system. The presumption
of equal rights to both parents
as a starting point is a constitutional
MUST. PROBLEM: The whole family
court system is designed around
the civil and criminal systems as
adversarial. Husband and wife
should not be incented to go after
each other viciosuly for financial
benefit and more time with their
children. Lawyers should not
be incented with more billable hours
to separate the parties and essentially
cause more fights. It seems that
every decision made by most lawyers
is driven by how much money they
can make, not by the best interest
of their client. The cost of a divorce
is in direct proportion to the financial
assets of the parties. Lawyers ask
about your assets during first interviews
to see how much money thay can make
on the case etc. What does this
say?
#2
Judges must be accountable for their
decisions. If a judge continues
to get overturned on appeal, or
appeals look like obvious mistakes
or bias, then they should be
removed. Videotaping of what happens
and a system for chief justices
to be required to monitor and review
these video tapes and/or real-time feeds
for so many hours per judge per
quarter. Judges should be warned
with blatent violations of the law,
like refusing to hear motions, ex
parte conversations and showing
of bias. A second offense should
have a stricter punishment (maybe
suspension for 30 days) and a 3rd
(in some time frame like 2-3 years)
should cause removal. It also seems
judges are appointed and the experience
requirements are lax in terms of
their knowledge of the law, constitution
and their responsibilities. Judges
must have time and training and
be required to enforce constitutional
rights over any state laws (in theory
they are, but in practice this is
a joke).
#3
Unconstitutional state laws should
be removed from the books completely.
Many states are violating the constitution
as a matter of standard operating
procedure, every day in nearly every
restraining order and divorce case.
This goes to the abuse of restraining
orders, which strip men of many
constitutional rights as soon as
a woman say the word "fear"
or makes any accusation. It includes
the instant division of children's
time by 14% and 86%. Standards
of proof and "strict scrutiny"
must be applied to take away children,
property and any other fundamental
constitutional rights. Without hard
proof anything but a 50-50 split
is unconstitutional and should not
be supported by any courts. There
is enough case law on this to choke
a horse, saying this is right, but
the federal government has been
ignoring this abuse for decades
under the excuse that family courts
are in the domain of the state.
This is NOT mutually exclusive with
requiring state laws to be constitutional
- which is required already by the
supreme court. No state may limit
a person's rights under the constitution
as I understand it.
#4
DSS/Child Services reform -
I have no direct experience with
this so will not comment specifically
on this but all of the above 1-3
would certainly be relevant and
apply too.
#5
Child support should be based on
the actual cost of raising a child
and meeting their basic needs. No
one has the right to continue a
lifestyle ad infinitum that was
possible during marriage.
Divorce causes major financial changes
and fathers are getting all the
burden of that today. The
presumption that 2 homes can be
supported on the same income that
supported one pre-divorce is a ludicrous
starting point. The profit and alimony
should be taken out of child support
and both parties must be expected
to pull their own weight financially.
Today men are expected to continue
what they did during the marriage
(financial support) and women do
nothing for them after the divorce.
The party that was a "stay-at-home"
person must be required to support
themselves with either part-time
or full-time employment as soon
as feasible (usually once children
are in kindergarten). Women have
equal rights and pay opportunities
in the workforce today and
forcing all the financial responsibility
on the man is a crazy thing. Men
post divorce commit suicide from
10 to 12 times more often than woman.
What does this say about the fairness
of this process?
I
think your number 2 is too broad
and subjective. It needs to be reworded
somehow, or incorporated into other
items. Who could argue with
that. But it sounds like a request
to rewrite all laws in this area
which will never happen. Laws
must be change incrementally I fear.
It is the discretion and bias that
judges have that allow them to do
whatever they want to in spite of
what the law says really. Because
they can choose to believe whoever
they want they can basically make
totally one sided decisions. The
requirement of evidence and proof,
not the "she said" standard
is a fundamental problem here. The
standards of proof are not enough
in family courts to insure fairness.
Your
#7 might also be too broad. This
sounds like a request to start a
special commission of government
to investigate and fix government.
i.e. an internal affairs division
and more government. To me
less government would be far better
and more distorts the goals further
and creates more people that think
they should be making decisions
for citizens. The attorney
general should investigate and prosecute
abuse of office.
Best
of luck with this avenue.
Bob
ANOTHER LIST OF GOALS AND ISSUES
FROM ANOTHER FATHER BEING CRUSHED
BY THIS UNFAIR SYSTEM
I was sitting
here because I can't sleep and
some thoughts were going through
my head.
I Got my State
Rep. To Contact me well she came
bye my house and I missed her.
And I called
her Well She told me she would
listen to the Issue's at hand.
When I was
Talking to her she was saying
well this is A different issues
and that was one two.
And some that
know me My emotion runs wild when
I speak of the issue's.{lol}
Well I told
her All these issues come to one
problem.
Abuse and
wrong bye our system.
She said well
you need A lawyer I told her that
is another issues that comes to
the same problem the fleecing
of our children.
Basically
I feel this was a good phone call
and I think she will keep to her
word and meet with us here in
Colorado.
But So we
can come to all the issue's And
get the point across None of the
issue's are working for our children
and the Family unit.
I Am Asking
everyone on the boards to make
a top 10 list and what they
think the most Vital issue's are.
If you have time.
Here is
my list.
1. Equal parenting
2. Make the
laws Fair and just
3. Social
Services reform all Departments.
4.Stop the
discrimination in the Family Courts.
5. Explain
how Lawyers and special Advocates
and Judges have no accountability
when it comes to our Children.
6. explain
how the child support formula
is A mathematical error and needs
to be re Collated.
7.Investigations
in to wrongs of our Government
agency's that have totally abused
there powers.
8. Explain
how it cost the tax payer 1.26
to collect 70 cents of child support
and has still not helped the problem
of Child support debt.
9. Perjury
should be enforced and recognized
when it comes to Family law.
10. Abuse
of D.V. laws and how there considered
the Instant Divorce.
