Dear Senator Kennedy,
The current family court system is
doing damage to an entire generation
of children. Judges hide behind the
vague mantra "Best interests
of the children", but it is really
"best interests of the lawyers"
and what is easiest for judges. The
research is in that proves Shared
Parenting is best for children. This
does not mean only upon the agreement
of a woman. Yet the family courts
are basing their decisions today on
research that is decades old (and
was never scientifically valid), and
on traditions that should have gone
away with the Equal Rights Amendment.
This does not reflect today's society
and equal rights.
Until recently I
have never been an activist of any
kind, other than by writing checks
and having my company support causes.
I have recently decided to take on
this cause long-term to help because
I have never seen a problem so damaging
to families and just plain outright
wrong. Now John Murtari, demonstrating
in NY for father's rights is one of
my heroes. He is peacefully demonstrating
weekly for children's and fathers
rights. This issue needs your attention
immediately!
I agree with your recent press release
regarding independence of the judicial
branch of government. However, in
the family court the constitution
has been subverted by eliminating
the possibility of jury trail which
are the fundamental checks and balance
designed by our forefathers to prevent
unfair laws and tyrannical acts by
judges.
This is one on the biggest issues
in the U.S. today with the divorce
rate over 50%. I have studied this
problem for many months now and would
like to set up a meeting between you
and a few leaders in the fathers civil
rights movement that is now swelling
because of consistently unfair treatment
by the courts. Here is what I have
learned.
In fact it is already against the
law, as up held by the U.S. Supreme
Court again and again, that parents
rights are fundamental constitutional
rights and therefore can not be taken
away without the greatest legal care.
Yet fathers are stripped of their
rights daily without so much as a
real hearing. This has become standard
operating procedure for courts due
to fear of domestic violence. The
domestic violence tail (0.5% of households)
is now wagging the divorce dog!
Voters in Massachusetts were 86% in
favor of equally parenting rights
after divorce in the recent non-binding
referendum. We must make this law
and force judges to respect it to
prevent further harm to children and
fathers too.
These higher court rulings are ignored
daily by the state courts in virtually
every case. This is a violation of
the Supremacy clause and the judge's
oath of office. The recent Bridget
Marks case is only the latest in a
series of complete judicial abuse,
where a woman was found by the court
to be an "unfit mother",
to have committed fraud and perjury
and get still got full custody of
the children. Any man would have gotten
a jail sentence for the exact behavior.
As a loving father
I want to, and will, see a PRESUMPTION
of shared parenting become law and
more importantly be enforced. Judges
are literally out of control. Many
are calling this a tyranny, and by
strict definition it is, because the
constitution is being ignored. Money
is one powerful root cause of this.
To me the only question is when Shared
Parenting will come to the forefront.
A huge groundswell is building with
hundreds of web sites and fathers
groups. Anything besides shared parenting
presumption creates huge incentives
for legal battles, which hurt children
and families and drain their finances
for the benefit of lawyers and indirectly
judges. The current system has become
a distorted mess over the last thirty
years. Effectively the family courts
are still living in the 1950s.
Imagine if you had to run for election
with the presumption you would lose,
and therefore (because of that presumption)
your opponent got all the money from
your fundraising efforts! Would that
not be outrageous? This is exactly
what is happening in family courts
today, and the lawyers love this because
it generates excessive legal fees,
more conflict and drains the estates
of families at their most vulnerable
time. Mothers are set up to get the
majority of the estate and legal and
physical custody of the children on
day one of a divorce filing. Fathers
are very often placed immediately
below the poverty line by the unfair
child support guidelines that are
often ten times the actual cost of
raising a child. Ultimately fathers
usually lose anyway, no matter what
the situation, and they are raked
over the coals with tens of thousands
in unnecessary legal fees. It is insidious
and generates miserable results.
Shared parenting is coming, the grass
roots movement is forming now worldwide.
Additionally the laws the legislatures
have implemented to protect battered
women are being used to abuse fathers.
Today lawyers admit in private that
between 50% and 95% of restraining
orders issued are filed only to throw
the father out of the house and denying
them access to their children. False
accusations are more common that real
ones by far and feminist "victims
advocates" have even been proven
to be coaching people to lie.
(and sometimes even no) charges. This
is enormously destructive to families
and children. However, again the legal
system loves this because it generates
more huge legal fees. No real "due
process", no presumption of innocence,
no "equal rights" guaranteed
under the ERA - just lots of fighting
in court. This is morally repugnant
behavior.
Do you know that Virginia, with a
population similar to Massachusetts,
has about 1,500 outstanding restraining
orders at any one time and Massachusetts
has about 50,000? Do you think men
in Massachusetts are more than 33
times more violent than in Virginia?
Of course not, lawyers in Massachusetts,
Connecticut and may states are using
this legislation for unfair advantage
in divorce. The abuse is immoral,
rampant and despicable. Any woman
that is willing to just say the word
"fear" to a judge, true
or not, immediately evicts her husband
and controls the children and home
on day one. It is a horrible situation
and is damaging an entire generation
of children.
There is no question that the family
courts and judges are literally breaking
the constitution every day (Fourteenth
Amendment Title 42, Sec. 1983, 1985
and other amendments). The only question
is when will they be called to task
and held responsible for this behavior.
I, for one, am committed to a multi-year
battle to make this happen and will
be raising millions of dollars for
this cause (as I have for other worthy
nonprofit and children's causes in
the past).
Fatherlessness is now encouraged by
the states and current legal system.
It is one of the largest problems
in the U.S. today. It is a silent
travesty that is now coming to light.
Please research this further and you
will easily see that only lawyers
and judges benefit from the current
system, not children and families.
Of course they want it maintained
for their personal enrichment.
The government is now effectively
regulating against marriage, because
it is so onerous to get divorced today,
with as much as 40% of your after
tax income going to your ex-wife just
for "child support", 30%
going to taxes and only 30% to live
on. Under a restraining order 90%
of a man's income is garnished (against
federal laws). No wonder these people
turn to crime, a cash economy and
end up in jail as "deadbeat dads".
Under Massachusetts guidelines child
"support" can represent
more than six times the actually cost
of raising a child (by independent
statistics). Yet there is no requirement
that it be sent on the child in any
way. It is effectively hidden alimony.
Hence this is "child extortion"
not child support - which would be
50% of the actual cost of raising
a child - 1/5th today's level in many
cases.
Any man earning less than $70,000
per year can not even afford their
own small apartment in Massachusetts
and many other states today. The men
also are forced to pay the taxes on
the ex-wife's free ride income and
far more, as the women get the "head
of household" tax benefits. This
a on3-two-three punch for men buried
in the numbers.
You must become more informed on this
issue. I trust further research will
educate you on the damage current
laws are causing to our children and
families.
Please for our children's
sake help this happen more quickly
and meet with experts who do not have
a strong vested interest in the current
system.
Best Regards,
Robert - A concerned father whose
children have been kidnapped by the
state
Father of two beautiful children who
want and need more time with their
dad |
