WRIT OF HABEUS CORPUS

[Dazeemay]

I firmly believe in using every way one can to get their children back from cps.

Bob from http://www.life-vs-cps.com/ has updated his website. He gives a sample here of how to go about this procedure. http://www.life-vs-cps.com/index_files/Page425.htm

I have been studying the latest Military Commissions Act ever since I heard Olbermann on MSNBC speak about "The Beginning of the End of America." http://www.msnbc.msn.com/id/15321167/
This act will eventually effect us down the line in regards to us as parents and American citizens. You can read here where there is debate over this issue. I personally agree with the ones who say this will effect us in times to come. http://en.wikipedia.org/wiki/Military_C ... ct_of_2006

For now though you as parents can use this as a tool to get your children back.

For the "red herrings" who want to post to this thread please go to the Round Table forum.

[Dazeemay]

Just remember, this is just another option, it is no guarantee but it does work most of the time when one can prove the children were taken in clear violation of Constitutionally protected rights, especially the 4th Amendment.

[Marina]

Notice that the Writ of Habeus Corpus is not filed in juvenile or family court.

I suppose the proceedings would not be confidential then ?

I suppose the media would have access to the record, like they look over the court records for news stories periodically ?

[Dazeemay]

Notice that the Writ of Habeus Corpus is not filed in juvenile or family court.

Never thought of that which is good news.
I suppose the proceedings would not be confidential then ?

Another good point

I suppose the media would have access to the record, like they look over the court records for news stories periodically ?

Which then brings this out to the public; another good point.

[fightingfor3]

WHEN do you file a Writ of Habeas Corpus? Do you file a motion first or could I go straight to the Writ. I am leaning towards the Writ because we are already past "fact finding" I've already been adjudicated. I've completed everything on my end of my treatment plan. The only thing really lacking is home visits by the social worker. But that doesn't really matter. None of the treatment plan does. They just have no real intention of releasing my children at this point. And the only thing really left to do is to terminate my rights and I DON'T want to wait until that day comes. I have NOT filed an appeal yet, the final judgement has not been filed and my lawyer said I couldn't appeal until then and I only have ten days after that to appeal. I know by the Sui Juris book that I can appeal sooner but am no where near prepared to do that. I REALLY want my kids to come home and not to be stuck in appeals for another year. Any suggestions?

In the Writ could I include the declaration of facts and any exhibits. Right?

[fightingfor3]

Okay so I should use it last. Oy. So, should I file a motion to compel? What should it be titled exactly: Motion to compel these bastards to BLEEPING give my kids back?! What about an injuction?

I named it: MOTION TO COMPEL THE COURTS TO FREE MY CHILDREN FROM FALSE INCARCERATION (keping in mind the Writ)

Under this motion I just talk about reasons WHY my children should be returned and I include only things that would support that right? I add the Declaration of Facts as a supporting doc? Do I add anything else?

[Dazeemay]

I asked Bob and he sent me this reply.

I sent you a PM

You file the Petition for Writ of Habeas Corpus preferably in the federal court and ASAP. You support it by citing as much constitutional violations as you can and show how these things were violated. The important ones are 4th Amendment (if the child was seized illegally), the 9th Amendment (always), the 10th Amendment (always), the 5th and 14th if due process and/or equal rights were violated, Article VI Paragraph 3 (Oath of Office - if the judge violated your civil rights - due process & equal rights), Article III Sections 1 and 3 (Treason - judicial violation of Oath of Office to protect your civil rights), the 13th Amendment (when your child is in foster care) and anything else you can come up with. Don't forget to toss in that CPS workers also took the Oath of Office and all violations of such oaths by CPS and/or the judge means you must challenge both CPS and the court's subject matter jurisdiction (i.e. they lose it unless they can prove it and they won't be able to). These people must follow the guidelines on the LIFE section on the Family Court Hearing and stick to their guns.

[fightingfor3]

How funny I was just reading his link Motions 101! Yes, I think it will be helpful. I will have to spend some time looking it over tomarrow though. I am still at work and have a half an hour drive!

But yes absolutely every violation you/he wrote were all committed.

What is the guidelines of the LIFE section of Family Hearings? I've never heard of it?

I can't tell you all how much I appreciate your help!!

Thank you.

[Dazeemay]

You are welcome.

My committment is to do the best I can to help parent/s until the day I am no longer on this earth.