In a recent post, Allegations of Criminal Abuse Should Not Be Handled in Family Court – With Its Low-to-No-Evidence Rules, Joan Kloth-Zanard argues that divorcing spouses’ allegations of criminal abuse should not be handled in family court due to its low-to-no-evidence rules.
Family Court does not juries, making the judge the sole arbiter of facts.
In her post, Kloth-Zanard does not address the false accusations of parental alienation in family court, which also harm children.
Of course, there are legitimate cases of parental alienation and child abuse.
But false claims are used as weapons by fathers [parental alienation] and mothers [spousal and child abuse].
Children lose access to their innocent parents without a system to distinguish between true and false claims.
The false claims of parental alienation give the accuser an advantage in Family Court. Most often by men, in lawless places like CT Family Court, it will result in the mother having no contact with her children.
This is especially true if the father has money or a well-connected attorney.
Spousal and child abuse are real, and so are false claims. Once a mother makes a false claim, she gets the advantage, and the accused, usually the father, may never see his children again.
This is especially true if the mother has money or a well-connected attorney.
False claims are weapons fathers use – for parental alienation, and mothers use false claims of child and spousal abuse.
How to decide what are true and false claims?
The jury system is our US Constitutional and state standard for fact-finding. Yet in Family Court, there are no juries.
The Founding Fathers knew that judges could not be trusted with fact-finding and rendering verdicts, since judges are liable to favor their friends, rule against their enemies, and make decisions where money is the motive.
The jury is the check on the power of judges in the Constitution.
The Constitution takes the fact finding – the decision making – away from judges and hands it to a jury of 12. The 12 selected at random are supposed to represent the community.
In a word, Family Court is “unconstitutional.”
Without juries, judges rule, as they do now in family court, by fiat, by caprice, by whatever they want, without adhering to any standards of evidence, favoring their friends, barely knowing the facts of the case, relying on paid court actors like friendly attorneys, GALs, seeing to it that every regular actor’s beaks are wetted, and relying on the lobbying power of lawyers and therapists to ensure their reappointments, and where the judge is the absolute monarch of the courtroom, and where lawyers, GALs, and therapists of all stripes can bend and twist the facts to feed off the victims – the losing parent and the children, whose “best interest” is a true legal fiction.
The cure is to add juries to family court, then justice has a chance to prevail.
What jury of 12 will traumatize children by flipping custody and removing primary care mother from their young lives without proof beyond a reasonable doubt that the mother alienates the children from the father? Even then a jury would not remove the mother altogether.
Yet judges do it all the time when the dollars flow the right way – with unimaginably flimsy evidence.
There are cases of parental alienation, where the mother is removed from the children’s lives, sometimes forever, based on nothing more than the word of some paid custody evaluator, paid by the father, and the GAL, also paid by the father, who recommended the custody evaluator.
And fathers are sometimes removed from their children’s lives on nothing more than the selfish mother’s word that he abused the children, and the filing of a false police report.
Jefferson was right when he said, “I consider trial by jury as the only anchor yet imagined by man, by which a government can be held to the principles of its constitution.”
A jury is the only check on lawless, biased, money-driven judges, and their well paid court actors. The jury is essential in bringing non-profit-driven results in Family Court.
As it stands today, Family Court, without juries, is unconstitutional.
http://www.stephenkrasner.com/articles-family-law.html Enough information to make your head spin.
A Broken System: Halls of Justice
Stephen Krasner, Contributor
2016 – A Broken System Series
A Broken System: Halls of Justice
A Broken System: Motions for Money
A Broken System: Fighting To Be A Dad
A Broken System: Misconduct and Whistle-Blowing
A Broken System: Parental Alienation
A Broken System: Stewards of Fraud
A Broken System: Child-Parent Sanctity (CPS)
A Broken System: Veteran and Service Member Mistreatment
A Broken System: Court Sanctioned Legal Abuse
A Broken System: Contempt Of Family Court
2017 – A Broken System Series
A Broken System: Timed-Out Custody
Parental Alienation Is Erasing Family
A Broken System: Unconstitutionality Of Family Law
A Broken System: Oaths Betrayed In Family Law
A Broken System: Gatekeeping And Alienation
A Broken System: Court Of Parents
A Broken System: Web Of Enforcement
A Broken System: Wake Of Family Law
A Broken System: Fostering Abusive Dysfunction
A Broken System: Parental Voices Unsilenced
2018 – A Broken System Series
A Broken System: A Court’s Eye View
A Broken System: Obstruction of Parental Rights
A Broken System: Deportation of Innocence
A Broken System: Electing Judicial Bias
Today is May 10th.
Was May 10th, 2019 the date of Jennifer Dulos’ last motion to the court? Through her attorney, she asked the court to investigate the actions of the GAL and evaluator. Four years later, she still gone and nothing’s changed in Connecticut family courts. In the worst cases, the GALs and evaluators are hired guns.
Most juries would have been able to see right though all the corruption and all the cover-ups.
“The $4-million lawsuit filed at a Montreal courthouse Monday alleges youth protection workers were not properly trained to deal with her case. It accuses them of having shown “gross negligence and wilful blindness” by “concealing domestic violence.”
In the lawsuit, the woman alleges the saga began several years ago when her ex-husband called in youth protection.
She claims he was physically abusive to her and he claimed parental alienation, that she was essentially turning their children against him.”
I hope Jennifer Dulos’ children sue Connecticut family courts and ask for a jury trial.
What is the question a jury is to decide? No state charges, no civil complaint, just two idiots who should have never been allowed to breed.
FAMILIES DO NOT BELONG IN COURT. THEY BELONG IN TRAININGS, THERAPY, AND OTHER HEALTHY BENEFICIAL PROGRAMS. CRIMINAL CHARGES DO NOT BELONG IN FAMILY COURT. THEY BELONG IN CRIMINAL COURT. THIS HAS NOTHING TO DO WITH FALSE ALLEGATIONS ON EITHER SIDE. IT HAS TO DO WITH BASIC TENANTS OF LAW. YOU DO NOT HANDLE CRIMINAL CASES IN FAMILY COURT AS IT MIXES APPLES AND ORANGES.
I do not need to address false claims of PA, unless you are going to address the even larger more horrific number of false allegations.
Next, juries can and are often bought in CT. I watched it happen and the judge admitted off the record he knew the jury had been tampered with to the mother and I. But the judge could do nothing about without solid evidence. All we had was an immediate attitude change after the lunch break.
At the moment the largest false claims are alienation. No one wants to address false claims because there is too much money to be made in the alienation industry. There is no money attached to DV in family court. It’s not profitable.
Totally inaccurate! there’s lots of money to be made with DV in Family Court. It allows them to drag out the case in Family Court and run the meter. This plants to see for alienation to occur if one party is that unstable
All the while the targeted parent is suffering on two ends
The attorney meter runs on both sides and the majority of the time leaving one of the parties footing the bill
Family courts don’t have to rely on facts. They have less a burden of proof for anything. Family courts are truly subjective which allows for errors, variations, and corruption.
The whole northeast family court system is just like the CT one.
Northeast = New England = lots of connections available for favors
Both coasts are the same. California is as bad as Connecticut. New Hampshire is as bad as Colorado. Owners of mainstream news in the worst states enabled the worst family court administrators, judges, lawyers and vendors. That blatant destruction of families and children was on purpose. Here’s a case from Maine:
“… an apparent botched attempt by police to take him into custody …”
“PROPOSED FEDERAL LEGISLATION WHICH WE WOULD LIKE TO SEE INTRODUCED IN CONGRESS:
Conceived and drafted by Richard Ducote.
42 United States Code § 5105a. Protective Parent Reform Act
This Act shall be known as the “Protective Parent Reform Act.” The purpose of this Act is to correct the trend in child custody and visitation cases wherein abused children, and children in homes where domestic violence exists, are placed by courts in the custody of the abusive or violent parent with the protective parent’s custody, visitation, and contact with the child limited.
For any State or public agency to receive any assistance under the provisions of §§5106, 5106a, 5106(c), or 5116, for fiscal year 2005 and any year thereafter, the State or the State in which the public agency applicant is situated must demonstrate that effective June 1, 2005, the following safeguards have been effected and implemented either by statutory enactment or court rule promulgated by the highest court in the State, with such enactment or court rule applicable statewide in every court having jurisdiction over child custody, parental visitation, parenting time, parenting plans, conservatorship of children, or any other issue involving the residence of a child and the contact between the child and his or her parents, incidental to or following separation or divorce, or in connection with a paternity case where the parents have were not married, to ensure that a parent who reasonably believes that his or her child is threatened by child abuse or domestic violence, perpetrated or allowed by the other parent is not punished by the court, or otherwise penalized by loss or limitation of custody, contact, or visitation with his or her child, or the child denied the custody and contact with that parent, for that parent’s having such reasonable belief and for acting lawfully in accordance with such belief:
(1) The prohibition against ex parte contacts with the judge hearing a child custody or child visitation case, as defined and controlled by state law, shall be specifically made applicable to child custody and child visitation cases, and shall, in addition to the general applicability of the prohibition, specifically include contacts between judges and guardians ad litem, minor’s counsel, custody evaluators, mental health professionals, mediators, screeners, and other such persons traditionally participating in child custody and visitation cases.
(2) The roles of guardians ad litem, minors’ counsel, and children’s attorneys shall be limited to advocating for the wishes of the child at issue, and to participating in the court proceedings by presentation of evidence and argument in the same manner as a parent’s attorney. Such persons shall be prohibited from substituting their own opinions and judgments for the wishes of the child, submitting evidence which would be excluded under the applicable evidence law if tendered by any other party, and in no case shall such person be deemed a quasi-judicial officer or be granted any fact-finding role. This provision shall not require a State to mandate an attorney to represent any child in custody or visitation cases, but shall only be interpreted to the limit the role of such person when provided.
(3) Parents shall be provided full and timely access to all custody and mental health evaluations and reports which are to be considered in any custody or visitation proceeding, including all underlying data for such evaluations and reports, and shall be afforded the opportunity to depose prior to the trial and to cross examine at trial any and all mental health or custody evaluators who will testify in a custody or visitation proceeding.
(4) No expert opinion or expert evidence attempting to discredit a parent’s motivation for asserting that his or her child is abused or at risk of the effects of domestic violence committed by the other parent, or attempting to discredit a child’s report of such abuse or violence, shall be allowed in a custody or visitation case unless that opinion or evidence is based on concepts and theories generally accepted by the scientific community and supported by credible and admissible evidence of facts which can be established independently of that expert’s opinion.
(5) Due process shall be afforded all parents in such custody and visitation cases, and such custody and visitation decisions removing custody, visitation, or contact from a parent who believes or asserts that his or her child is the victim of abuse or the effects of domestic violence perpetrated by the other parent shall not be made on the basis of written declarations or affidavits, or without adequate written advance notice and the opportunity to be heard as defined by state and federal constitutional law, even on a purportedly emergency basis, simply because that parent holds that belief. Furthermore, no such parent shall lose custody, visitation, or contact with a child based only on the opinion of a mental health professional that such parent is at risk of unlawfully fleeing with the child, unless credible and admissible evidence independent of the professional’s opinion establishes that parent’s plan or intent to flee.
(6) Court sponsored mediation, conciliation, and intake screening programs shall not make recommendations or fact-finding reports to the judge regarding child custody, visitation, or contact unless all parties freely agree in advance of the transmittal of such report, and any parent shall have the right to contest the report.
(7) No findings by any child protection agency shall be considered res judicata or collateral estoppel, and shall not be considered by the court unless all parents are afforded the opportunity to challenge any such determination.
(8) Whenever child abuse or domestic violence is an issue in a child custody or visitation case, no mental health professional or child custody evaluator who lacks specialized training and experience in child abuse or domestic violence relevant to the specific allegations shall be appointed by the court to conduct any evaluation in the case.
(9) Admissible evidence of child abuse or domestic violence shall be considered in any child custody or visitation case.
(10) No parent shall be deprived of custody, visitation, or contact with his or her child, nor restricted in such custody, visitation, or contact, nor shall such a child be placed in foster care, simply because that parent reasonably believes that his or her child is the victim of child abuse or the effects of domestic violence, and acts lawfully in response to such reasonable belief to protect the child or to obtain treatment for the child.
(11) No valid final order of protection or domestic violence restraining order rendered pursuant to the State’s domestic violence or family violence protection statutes and filed with the State’s protective order registry shall be violated by the award of custody or visitation to the perpetrator of domestic violence where such is prohibited by the domestic violence order of protection then in effect.“
The state is responsible for the system. They have been ignoring complaints. Dismissing them. Obviously engaged in fraud. Clean up the government in the state. Clean up judiciary committee, bar association, grievance committee, DPH. Attorney Generals office. Family services. It’s been years. Clean up state government the childrens lives are depending on it. These idiots will bankrupt you before trial. Look at Nausbalm. A hundred grand for emails and phone calls.
The agenda is real
The united states is completely fucked up. If you can be let out of prison early for crimes committed before 25. You can not tell the court were you want to live before 18. You can not reassign your gender. The misuse of government.
There trying to pass legislation to allow 12 year olds to get vaccinated with out parental concent. The government in Connecticut is currupt. Controlling the residents. Who ever put this up for legislation is not representing the public. They are trying to control your children.
The very Orwellian term “parental barrier to consent” was coined in 2005 when they started trying to force the Gardasil sterilizing vaccine on kids in schools at that time, as a frame that parents who don’t agree are just in the way. They were just floating a test balloon back then…
“They are trying to control the children.”
They control most children, now.
People pay attention to what is up for legislation in the state. Pay attention to laws being passed. Many are not right. Many good ones like being able to bring a law suit against a gal are not being talked about. Pay attention.
Look numbnuts, family courts do not have juries as divorce is ‘no fault’. The DMV could do a better job of issuing divorces. Family Courts, handling a divorce, do not have power to sever a parent-child bond. That is a power reserved in application for the State, acting thru the Attorney General, on behalf of the sovereign, in protection of the child. In other words, sole custody can only be awarded, a parent stripped, if the parent is found to be unfit, a danger to the child. See Troxel v Granville, 530 US 57, 65. The constitutional protection of the parent-child bond cannot be disturbed on discretion of a childless ogre like Jane Grossman acting on whim, because she is childless and does not go to Church. If some people would just stop and learn a bit about substantive due process clause of the Fifth Amendment, there would be protected liberty, all we have is racketeering of dufus judges and their lecherous bar pals, all hunting shekels in rape of childhood, destruction of family and promotion of communist ideology. Communists invented no fault divorce.
Wow…. you sure have no idea what the corrupt family courts are doing to children and caring (non-abusive) mother’s since the 1980’s. Google it!
Trafficking children is a chosen ideology, parents are viewed by the ruling elite as breeders of toys for the paedophile crowd, family court brokers the toys. Stop pretending it is a court of law. Stop pretending you live in an enlightened society. Get in the box car, promised land awaits you.
Get real you “sovereign citizen”whack job.
Yes, you are the only person in America who truly understands how the law works. Hahahhahahahaaaaa.
“… The only other issue remaining before the Court is the GAL and AMC’s motion for fees. The Court has reviewed the motion, number 405, along with the attached invoices. The Court has ordered the Plaintiff and Defendant to submit their respective financial affidavits by November 30, 2006. The Court will thereafter issue its decision in writing.
The Court thanks the lawyers for their cooperation and presentation, and best of luck to the parties.”
Too quiet, get her a blu table mic they’re cheap and good for intro level video making.
That interview is from years ago. Microphones are better today, but family courts are just as rotten.
Any other industry with such a lousy record for so long would have been skewered in mainstream media by now.
We have better microphones and no excuses for not reforming family courts today. Better microphones. Free internet. Free phones. Free emails. Free online dictionaries and free online case law.
We have no excuse now and this forum is a great opportunity to network.
Cases involving crimes and abuse need to be out of family courts and in criminal courts. Once the crimes are addressed, family courts following the laws with oversight and accountability would work. Family courts with lots of perverts in control, with no oversight or accountability have been that way since the 1980s for a reason.
Just because most people are unaware. There is a political agenda involved in the family courts. Funding for programs. There are laws being passed that effect family court because of funding. The state of Connecticut has been aware of the AFCC for years now. The have allowed the system to continue uninterrupted because of the financial advantage for programs. Follow the laws being passed. Follow the lack of action and actions by the Attorney Generals office. I did research to understand why this happened to me and our child. Why a judge, GaL and attorneys would conduct themselves in such a blatantly uneithical manor. Openly. Because the state of Connecticut agencies designed to hold the family court judicial system accountable would absolutely turn a blind eye. This is absolutely financially driven beyond the significant profit the attorneys are making. Why have elected officials done absolutely nothing to fix the system besides pass laws that have funding attached. No one is being held accountable and the system is raging on Harming the public.
I wrote to my state’s AG (WA – Bob Ferguson) numerous times about what was happening to me. An aide finally wrote me back to tell me that the AG has “no control” over Family Courts. When I asked who did (so I’d know who to address my complaints to), he couldn’t think of anyone. That’s what they said. And they get paid HOW MUCH a year to not do their job? I know when I was working, I’d get fired for refusing to my job.
It isn’t on us – the victims – to create a new system. We just need to prove that Family Law is unconstitutional, and the only way to do that is by sharing our stories. If it isn’t safe for you to do so, please consider signing my petition anonymously with your story. I am still looking for funding to produce a documentary about it, too. We each have talents to turn this ish around! Talk – action = zero, so please do something! Letters to editors are a fantastic way to start a national discussion about this treacherous industry. Maybe one day, we’ll find a kick-ass journalist to take the subject on.
They are supposed to check the courts when they act poorly. They refuse to and instead seek only things that might get them news headlines. They’re all just narcissists placed there to draw attention away from the fact they are destroying society and ripping off whole families for money.
Connecticut is not any different. The attorney general’s office has stated the same thing. They have no control over the courts. The state has designed to protect themselves. They have made it so the family courts don’t have to follow procedures or develop procedures that don’t have to be followed.
Readers here could be crowdsourcing all of this. Posting information here and networking to get this done ASAP.
Most are unaware and it’s usually just a handful of people that gets things done. Parents in Connecticut organized around 2013-1014 and a few new laws were passed, but still no oversight or accountability, so the same players kept breaking the same rules.
Let’s find and name the political agenda involved in the family courts; Funding for programs; laws being passed that effect family court because of funding; the financial advantage for programs; the laws being passed; the lack of action and actions by the Attorney Generals office.
All of the above might more fully explain why the state of Connecticut agencies designed to hold the family court judicial system accountable would absolutely turn a blind eye.
“This is absolutely financially driven beyond the significant profit the attorneys are making.”
How can we track that?
We need hard evidence. Is that info easy to find? Do we need a FOIA request or do we contact the state comptroller for that info?
Those WITHOUT an active case can send general emails or make a quick phone calls to ask the state comptroller office which financial incentives might be driving family/juvenile/probate court policies.
That information will more fully explain why elected officials done absolutely nothing to fix the system besides pass laws that have funding attached.
We all know no one is being held accountable. Those WITHOUT an active case need to hold those responsible accountable. Those WITH an active case can’t speak up. It they speak up, they will be punished. Such is life in America until enough of us do something to help.
Many have tried. People have been keeping track. There is no agency or person who wants to listen. Maybe the attorney general’s office will let the public knows how many have contacted his office. The state agencies strongly discourage moving forward on complaints. Many have researched and gotten information. Who is brave enough to do something about it with any power?
No one wants to sacrifice themselves for people who are not upfront about their motives. Don’t seem to support everyone just a chosen few. You can not work with people who attack you for having a difference of opinion. Then badmouth you. When there is a history of biting the hands that feed you the information. You stop feeding them
Many things that happen between couples end up in family court with less consequences and penalties or accountability, but the same crimes against strangers get harsher penalties. Somehow, family court takes jurisdiction for many legal violations where it really should be in civil or criminal court.
That’s called overreach. Judge Ueda did it in my case, then sanctioned me when I asked for a continuation to contest the item being held in this court. I even pointed out they didn’t fill out the right paperwork or submit disclosures correctly. Did not care. Carla Harms. 0 social media activity, no ads for her firm or services anywhere. Gee, I wonder why…
But a jury might not understand which parent had the money and might give a verdict that takes money out of the mouths of needy family law attorneys. Their kids have to eat too. This is a selfish stupid proposal. Judges and attorneys work together better without juries getting in the way.
Juries are not needed. Judges do fine. Stupid idea.
You’re stupid. I think it’s brilliant
State Custody Rules of Law need to immediately do (2) things.
1. Put a maximum limit on child custody decisions and no extensions – 180 days
2. Child custody legal costs are not to exceed $10,000 and the limit can not be adjudicated to any higher amount.
(( this one is a sticky wicket…. but no matter how many children involved…. it a “case number” that only needs
to be settled at no more than $10,000 ))
Yup – jury trials aren’t necessarily *all that*. Especially when you get a judge that only allows 10% of the evidence. Learned that by being a railroad whistleblower. I like yr name, btw!
Jurisdictions have that implemented jury trials in family cases do not have better outcomes. Family court is unconstitutional, period. End of story. Criminal matters belong in criminal court, dissolution of a contract can be done in 90 minutes with no drama like any other contract can be dissolved.
The lack of juries is destroying families. Regardless of alienation or even a finding of abuse, the ideology that a parent must be banished forever is barbaric and traumatizing to children.
There are no medical professionals in family court. Judges make sure that’s the case. We have attorneys – not child specialists in any way- severing parent child bonds.
They are sadistic, sociopaths who feed off power and money.
They’re well connected, and known.
Thank you for exposing their vile actions
We should have child psychiatrists ruling best needs of children, and not lawyers. At the very minimum, have a panel of different types of experts that vote together.
The care and upbringing of one’s children is a fundamental liberty interest. What the fuck are you talking about?
Not when a parent is unfit
Which gets adjudicated through an action brought by the STATE, with a full evidentiary hearing and due process, to determine unfitness. It has nothing whatsoever to do with an action some other litigant brings in a court of equity, and certainly nothing to do with a panel of psychs making some report about best interests. Sheesh. Why do you people insist on vomiting forth the dumbest stuff?
They will find a way to get rid of the honest ones. The lawyers and judge won’t allow it. The force the same ones
A panel! Yes! Exactly my idea. Psych & Sociology majors have a hard time finding work after graduation anyway. Put them to work on contested cases! Make it an elected position w/ strict term limits. Definitely need more input from family, friends, and community. At least in small towns, people usually know the real story.
Such good ideas.
Sorry, but these people are cheaper than judges to bribe and the “private mediation” clauses protect them from ever being subpoenad for anything that occurred during mediation. My wife paid less than 5 grand. Still my wife, over 3 yeara after petitioning for divorce.
You’re being far too kind in simply calling it unconstitutional. They continue to create their own rules to hide public performance, and are so flagrant in Sacramento that I got a judge to admit (Judge Ueda) That she was only going to rule in the favor of her friend and that she was going to protect that lawyer, a pro tempore, from felony charges. That is a federal level crime. Knowing the accusations have been made, in detail including a list of evidence proving it, Judge Ueda chose to openly mock me and then block me from acting in pro per by refusing to substitute out a lawyer she had Carla Harms the pro tempore threaten to drop my case mid appeal. Carla Harms, by the letter of the law is no longer allowed to perform any duties for the court after those documents were filed by her as evidence; however, she is still illegally being allowed to perform those duties in exchange for lives.
I haven’t seen our son since June, and my still wife I petitioned for divorce from for swapping my meds out with antihistamines, surveilling me, and ultimately trying to poison me twice (succeeding once) the very week she was supposed to move out by. There were no accusations of violence or threats. She never even established reasonable fear. She did parentally abduct our son the day she left and steal my car.
Her lawyer did discuss her deal with Judge Mize at our one day trial, which I didn’t agree to, when my lay witness was dismissed without interview, the deposition was not filed and an expert witness was bribed with my money to issue an LA county restraining order and work against me. Consequently, in 1014 pages of texts that judge only looked for anything that “might” be bad. I still haven’t been given a valid reason for my custody being taken, or why the domestic violence code 3044? Was not applied to me.
All it took was me seeking justice for a commissioner to without me present, to issue a lifetime restraining order. Consequently, the commissioner is her lawyer’s coworker. They also canceled the court reporter and the orders are rubber stamped with no explanation why they were granted. Nothing like never being able to go back to work and factually being alienated from your child so someone can harm you for daring to take away their golden ticket instead of dying from the poison. Also, my still wife did this same crap to her previous fiancee. He is still having a hard time making it, and she routinely screws his credit still years later trying to get a sub 10k judgement paid.
I still have orders to see our son 3 times a week. The court will not produce those orders claiming my file is not there. They also refuse me any services, knowing the judge refused the substitution without even notifying the lawyer’s office. It has since been submitted again by mail and fax and I am still not in pro per.
I could really use some help. Nobody in my family has seen our son in 3 years and my wife admitted to spousal battery in her complaint. It’s a mess.