A petition to dismess, soon to be a petition to acknowledge

[sob900]

Here is a petition to dismiss that I am currently working on, but I have decided to turn it into a petition to uphold defendants rights, followed by an affidavit in support.

Feel free to use this as a guidline for your own particular case if you like.

I am NOT a lawyer and give and hold no responsability for this documents use. Consult a money grubber for advice.
Dano.


SUPERIOR COURT OF__________
CHANCERY DIVISION, FAMILY PART
COUNTY OF ________



DIVISION OF YOUTH AND FAMILY SERVICES,
Plaintiff,
vs.
___________,
Defendant )
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Case No.: KC _________

Document No.: 0001


PETITION TO DISMISS


Introduction
Plaintiff is “the Division of Youth and Family Services”, hereinafter “DYFS;”
Defendant is _______, hereinafter “I,” “accused,” “me,” “my,” “mine,” “him” “our”, “ours”.

DYFS, via its agents, obtained custody of my son shortly after he was born.

Facts
On or about October 18th, 2005, an agent of DYFS without any probable cause or reasonable suspicion to believe our son was in immediate danger removed custody of our newborn son by way of “emergency removal without court order”. This “emergency removal without court order” was signed by me under duress, due to the threat that, a court order would be issued and our son would be removed from our custody if we did not sign above document.




Argument, Points & Authorities (To be finished)(Insert case sites here)

AFFIDAVIT IN SUPPORT OF PETITION TO DISMISS

Introductory Certification

_______, the Undersigned Affiant, hereinafter “Affiant,” does hereby solemnly swear, declare, and state as follows:


1. Affiant is competent to state the matters set forth herewith.
2. Affiant has personal knowledge of the facts stated herein.
3. All the facts stated herein are true, correct, and complete in accordance with Affiance best firsthand knowledge and understanding, and if called upon to testify as a witness Affiant shall so state.



Plain Statement of Facts

1. WHEREAS DYFS violated Affiants rights in the routine performance of their duties by asserting their “rights” to custody of our flesh and blood, and

2. Affiant denies the existence of any material fact or evidence which demonstrates that DYFS can abrogate the Fourth Amendment, and

3. WHEREAS DYFS violated Affiants rights in the routine performance of their duties by holding us accountable for child abuse or neglect without the presentment of an indictment by a Grand Jury and further compelling us to bear witness against ourselves, and

4. WHEREAS Affiant denies the existence of any material fact or evidence which demonstrates that DYFS can abrogate the Fifth Amendment, and

5. WHEREAS DYFS violated the rights of Affiant in the routine performance of their duties by denying us the right to a fair, public and speedy trial by a jury of our peers and further denying us our right to confront witnesses against us, and

6. WHEREAS Affiant denies the existence of any material fact or evidence which demonstrates that DYFS can abrogate the Sixth Amendment, and

7. WHEREAS DYFS violated Affiants rights in the routine performance of their duties by subjecting us to unreasonable standards for the return of our son, and

8. WHEREAS Affiant denies the existence of any material fact or evidence which demonstrates that DYFS can abrogate the Eighth Amendment, and

9. WHEREAS DYFS violated Affiants rights in the routine performance of their duties by setting work standards and subjecting us to the terms of involuntary servitude, and

10. WHEREAS Affiant denies the existence of any material fact or evidence which demonstrates that DYFS can abrogate the Thirteenth Amendment, and

11. WHEREAS Affiant denies the existence of any claim made by DYFS to which relief can be granted, and

12. WHEREAS DYFS has not offered any evidence or material fact to prove beyond a reasonable doubt or through a preponderance of the evidence why DYFS should have custody of our son, and

13. WHEREAS Affiant denies the existence of any evidence or material fact which authorized DYFS to remove custody of our son from us.


If this affidavit in support of petition to dismiss is not rebutted within 10 DAYS by lawful evidence to the contrary, this Affidavit is at law evidence that DYFS is not a party in interest and a default exists. Failure to present evidence to the contrary of the Affiants testimony, will be evidence that all parties stipulate to the facts herein as true, correct and complete.

Verification

The Undersigned Affiant, ________, does herewith swear, declare, and affirm that Affiant issues this Affidavit in support of petition to dismiss with sincere intent, that Affiant is competent to state the maters set forth herein, that the contents are true, correct, complete, and certain, admissible as evidence, and reasonable and just in accordance with Affiants best firsthand knowledge and understanding.

Exodus 20:15;16

Further Affiant Saith Naught.

This Affidavit of Fact is dated the ____ day of the ____ month in the year of our Lord two thousand five.

[Frustrated]

Interesting.

aha, there are many affiavits that you can file at the Courthouse every day and you can do this as it is people's rights to file affiavits. It is like a Motion to state your statements, etc...etc...and it can be filed into the Court Records. The beauty of it, it can be stored into Court Records for Years, and you can use that record against them later on in the Future given if there is a Lawsuit coming.

I have done lots of these in my Lifetime in Criminal Courts, and Family Courts. It is a natural thing to do and it will enter into Court Records, and CPS CANNOT TAKE IT OUT! Same goes for declaration of facts, it will be entered as evidence and it will stay there for Years and if the Kids want to sue, they can use this record to sue CPS.



And CPS has no control over Court Records. LOL