The Family Court Hearing - A Constitutional Defense

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gdriussi
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Joined: Wed Aug 17, 2011 8:07 am

Re: The Family Court Hearing - A Constitutional Defense

Postby gdriussi » Wed Aug 24, 2011 10:30 pm

hi - tried this link and it's no longer recognized... do you have an updated url ??

thank you!
g

gdriussi
Posts: 17
Joined: Wed Aug 17, 2011 8:07 am

Re: The Family Court Hearing - A Constitutional Defense

Postby gdriussi » Thu Aug 25, 2011 6:12 am

hi - the link in: CHALLENGING THE JURISDICTION OF THE COURT - seems broken - do you have an active url? thank you! -g

annakenc
Posts: 163
Joined: Fri Aug 26, 2011 12:57 pm

Re: The Family Court Hearing - A Constitutional Defense

Postby annakenc » Tue Sep 20, 2011 4:45 pm

PEOPLE: NO STATE SHALL MAKE OR ENFORCE ANY LAW WHICH SHALL ABRIDGE THE PRIVILEDGES AND IMMUNITIES OF CITIZENS OF THE US
AND NO STATE SHALL DEPRIVE ANY PERSON OF EQUAL PROTECTION OF THE LAW.
SO WE ALL KNOW INNOCENT UNTIL PROVEN GUILTY. BUT WHAT ABOUT IMMUNITY AND PRIVILEDGE?
THESE HAVENT BEEN DEFINED YET.
BUT IF YOU HAVE BEEN THRU WHAT CPS IS DOING TO INNOCENT LOVING PARENTS YOULL KNOW THAT THEY ARE THE MOST IGNORANT OF ALL
AND ARE INDEED THE PERPETRATORS OF THE GRASPING FOR OTHERS PEOPLES PRIVILEDGES AND COMPROMISING THEIR IMMUNITIES.
BECAUSE OF IGNORANCE AND THEY SHOULD NOT BE PAID WORKERS, PAID WORKERS WILL NEVER DO THE JOB OF CHILD PROTECTION FOR THE
GOOD OF THE CHILDREN. THEY ARE DOING IT TO SUSTAIN THEIR OWN LIFE. AND THAT SPELLS BAD NEWS.
GET RID OF THE SOCIAL WORKERS AT CPS, BETTER TO HAVE CHILD PSYCHOLOGISTS AND MOTHERS DOING THIS WORK.
YOU KNOW HOW MANY MOTHERS COULD BE PUT TO WORK DOING THESE INVESTIGATIONS? NO INSTEAD THEY TAKE THE JOB AND THE CHILD
AWAY FROM THE MOTHER, LEAVING HER AS POOR AND DEFENSELESS AS THE CHILDREN. AND BOTH VICTIMIZED.
I HATE CPS.
i LOVE THE CONSTITUTION OF THE UNITED STATES OF AMERICA
THEY ARE IN DIRECT AND COMPLETE CONTRAST TO EACH OTHER
ITS A FULL CIRCLE PEOPLE ITS TIME TO READ THE DICTIONARY, AND THE CONSTITUTION AND SHARPEN OUR MINDS AND TONGUES FOR THE BATTLE
WHICH IS AHEAD OF US AS PEOPLE STILL STRIVING FOR FREEDOM..........GOD BLESS US.
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

princehull
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Joined: Fri Sep 23, 2011 4:32 pm

Re: The Family Court Hearing - A Constitutional Defense

Postby princehull » Fri Sep 23, 2011 6:29 pm

anakenc....very well put and I agree with you COMPLETELY on your statements.

vicki585
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Joined: Thu Nov 10, 2011 3:51 am
Location: Livingston County NY
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Re: The Family Court Hearing - A Constitutional Defense

Postby vicki585 » Thu Nov 10, 2011 5:10 am

Hello! I am the maternal grandmother of 2 children, ages 1 yr and 4 yrs old. I have had the 4 yr old in my care for well over a year and I just recently got residential custody. My daughter, the mother of these children, who is almost 20 yrs old lost residential custody in May, 2011 when she was accused of hitting her 5 mo baby in the face. A neglect petition was filed against her and the judge stated that he couldnt prove she hit the child but pictures of her home in disarray and so called professional opinions by caseworkers who were bias from the beginning judged she was guilty of neglect.

Yes, her house was in disarray, but the baby was not mobile at that time and none of the photos or info given in court was truely harmfull to the baby because she was not mobile.

There is so much story to tell that its hard to say in one post. I could write a book!
Bottom line is that CPS has been on the babys fathers side from the start because they have money and status.
CPS has told my daughter from the birth of the youngest (November 2010) that she needs to do it alone and not get help to prove herself. Yet...the father does not even live with his mother and they lied in court that he does so that she could have the "RIGHT." Grandma raises my grand daughter and uses her son as leverage to do so. He lives with his father in a completely different town. CPS dont care and they justify or ignore the info all together.

My daughter has social anxiety. She has problems communicating letalone defending herself in a scary courtroom and they all know these issues exist and run with it knowing they can bully her and get away with it. She also has a learning disability and theyve used that for their own hurdles they continue to throw up for her. Depression set into her hard after having the baby and being harassed by both the babys other family and Livingston County Services. Of course they all found it easy to prey on her. She shut down. She was 18 when this began. Every county service she was involved with got together and they all have failed her, broke trust and ganged up after telling her repeatedly that she wasnt to get help from me and had to prove herself alone.

Again...the complete story is huge and includes an indicated report on me because I temporarily housed my teen daughter when she had no place to go and a pretty severe illness she was treating (pneumonia). I can fight that and I will but my goal is to prove Livingston County Services were bias and targeted her to trip and fall so that the other family could keep the baby.

Currently my daughter has 4 hrs a wk supervised by the father or grandmother....its always grandma. Her visits are Saturday at the other families home which is out of town for my daughter who has no way there and feels exposed and uncomfortable there. The second visit is on Sunday from 9-11 in my home also supervised by the grandmother. Its not fair that they can call the shots like that and mothers need more time with babys.

My home has been investigated and deemed fit for the children yet they call the shots with CPS beside them so I cannot be the supervisor. CPS also indicated the report against me when it was my turn to be heard for visitation and supervisor. Pretty convenient huh. Its not filed as neglect, its simply an indicated report. How does that work?

I need help!!! They have a high price attorney and my daughter has a worthless public defender who has harmed more than helped in all aspects. There has to be defense that is free yet not attached to this county.

HappeeBee
Posts: 56
Joined: Tue Jul 12, 2011 6:56 am

Re: The Family Court Hearing - A Constitutional Defense

Postby HappeeBee » Thu Nov 10, 2011 1:55 pm

WOW!! That is alot. I am pressing for time but I figured I'd lead you to another place where you can always get a quick reply: http://www.facebook.com/#!/groups/familyrights/ She should fire the public defender or ask for another one. But I think right now it's better if she learns her rights, start on her declaration for the record, and go pro se. Fightcps.com has some great info! Also visit http://familyrights.us/

bon
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Joined: Thu Jan 12, 2012 10:03 pm

Re: The Family Court Hearing - A Constitutional Defense

Postby bon » Thu Jan 12, 2012 10:52 pm

I can not seem to get that web page to load, is it possible it's been taken down and if so is there another link to a site like this one or does he have another site. I'm interested in reading on the site and can't access it please help

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Daruma
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Re: The Family Court Hearing - A Constitutional Defense

Postby Daruma » Fri Jan 13, 2012 8:17 am

I can't connect to the Life vs CPS website either. However, there's a Life vs CPS Yahoo group that appears to be still active: http://groups.yahoo.com/group/life-vs-cps/. Maybe they've moved all their resources there.
These are my personal opinions only. They are not legal, medical, or financial advice.

anticpsdcf
Posts: 22
Joined: Mon May 28, 2012 9:26 am

Re: The Family Court Hearing - A Constitutional Defense

Postby anticpsdcf » Wed May 30, 2012 6:42 pm

Dazeemay wrote:The Family Court Hearing - A Constitutional Defense

This is quite informative and one should, even if you have a lawyer, know your rights because you cannot count on him/ her to know your Constitutional Rights for your hearing/s.


http://www.life-vs-cps.com/index_files/Page357.htm



the link appears dead. Any alternative links?

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Eljay
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Re: The Family Court Hearing - A Constitutional Defense

Postby Eljay » Thu May 31, 2012 8:36 am

anticpsdcf wrote:
Dazeemay wrote:The Family Court Hearing - A Constitutional Defense

This is quite informative and one should, even if you have a lawyer, know your rights because you cannot count on him/ her to know your Constitutional Rights for your hearing/s.


http://www.life-vs-cps.com/index_files/Page357.htm



the link appears dead. Any alternative links?


The one right above your message works.... look up ^
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

----<>----<>----<>---- BREED WITH CAUTION ----<>----<>----<>----

noroses4u2c
Posts: 877
Joined: Wed Jan 26, 2011 11:57 am

Re: The Family Court Hearing - A Constitutional Defense

Postby noroses4u2c » Sun Jul 15, 2012 2:16 am

In my case the judge said she didn't care whether it was true or not and that she didn't care about my constitutional rights. I wasn't allowed to enter the corrections to the report that I wrote up into the record. And my court appointed attorney lied to me about what I was being charged with and I had told her I wouldn't stipulate to the things I was being accused of doing. She insisted I'd just be stipulating to having a messy home and that the case was about my having a messy home. (It was later stated in court almost a year later that it was definitely not about a messy home (well, your lawyer buddy sure said so!) and that I was refusing to take responsibility for my actions by blaming the lawyer. Well, I had always denied the allegations made against me. Out of one side of their mouths they were always saying that I "admitted" to all of this stuff and out of the other side of their mouths the very same people were saying I was in "denial" about what happened because I refused to admit what I had done. They never had to present any evidence that I had actually done what I was accused of doing.

And the CPS workers physically forced their way into my home without a warrant. It did not matter to any of the three lawyers I have had nor to the ACLU, the judge (who is buds with the lawyer and worker), or anyone else that my rights were violated from the very beginning.

I cannot ever even appeal because the lawyer stipulated me to the charges when I was arguing that I was being falsely accused and was wanting to fight all of that stuff. They accused me of things that were obviously not true and it was all taken as fact. They even gave me a brother that didn't exist in order to badmouth me as much as possible in the court papers. This nonexistant brother was living in a nonexistant dump with wires hanging all over the place. The government went to this nonexistant home and did a home study on it. My insistance that I didn't have a brother by that name was further proof of my nonexistant "mental illness" that they labeled me with.

It was inferred that I used drugs and alcohol even though they never did a drug screen on me. I was court ordered to stop having drugs and alcohol in the home when I never had to begin with. My denial that I used was seen as sufficient proof that I was guilty.

I was always deemed guilty with no chance to prove my innocence.

The constitution is only applied when the government can use it for its own agenda. It means nothing for the people's benefit anymore and hasn't for quite some time.
My child was abducted by the government. They demanded a ransom (the case plan). I paid the ransom and my child was kept anyway. It isn't much different from stranger abduction except that the government uses its power to make the abduction legal and unpunishable.

Garyonthenet
Posts: 4
Joined: Sun Sep 12, 2010 9:23 pm

Re: The Family Court Hearing - A Constitutional Defense

Postby Garyonthenet » Tue Oct 02, 2012 2:28 pm

KDus wrote:
LindaJM wrote:
KDus wrote:making a constitutional argument can be seen as legitimizing the system just like any other argument.

How would the constitution legitimize CPS?

You talk about the 'poisoned tree doctrine' ... well how about the fact that all the federal child welfare laws violate the tenth amendment of the US constitution?


the constitution does not legitimize CPS. Arguing in court legitimizes it. If you weren't in their jurisdiction, you wouldn't be in their court arguing about it. So, if you're arguing about it, you must be in their jurisdiction.
Why do we argue in court? What we really should do is just go pick up our kids, because we are right. Why don't we do that? Because we'll end up dead.
So what really legitimizes CPS is people willing to kill you to be "right".

But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case, it is unfit to exist.
Lysander Spooner


Such a very good point:
what really legitimizes CPS is people willing to kill you to be "right".

It is socialist thinking that enable them to do this. Because SOME, a minority, of people are fk'd up and can harm their kids, CPS says they should have the presumptive (that is without a hearing or evidence) right to interfere in your family's life, at the point of a gun.
Those who trade liberty for security, will lose both.

Garyonthenet
Posts: 4
Joined: Sun Sep 12, 2010 9:23 pm

Re: The Family Court Hearing - A Constitutional Defense

Postby Garyonthenet » Tue Oct 02, 2012 2:35 pm

Daruma wrote:I can't connect to the Life vs CPS website either. However, there's a Life vs CPS Yahoo group that appears to be still active: http://groups.yahoo.com/group/life-vs-cps/. Maybe they've moved all their resources there.



I created a yahoogroup called Family Court Dads; it covers CPS abuses as well as general litigating in Family Court.
The emphasis is on NY Family Court, and of course fathers in it.
But anyone with a legitimate interest, offer to help, or a need themselves, should join.

I invite anyone reading here to join:

http://groups.yahoo.com/group/FamilyCourtDads/
Those who trade liberty for security, will lose both.

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Elf
Posts: 7
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Location: SF Bay Area, California

Re: The Family Court Hearing - A Constitutional Defense

Postby Elf » Wed Jun 24, 2015 9:31 pm

Original link is gone; the wayback machine (www.archive.org) doesn't have it archived, but does have a few others from the site. (Most of which currently say the archive.org machine that holds them is down right now, sigh.) The one with the Family Preservation Act of 2006 is available, but the formatting is pretty scrambled. It's based in PA law: https://web.archive.org/web/20080828051 ... age313.htm

Here's a document that seems to be on a similar topic, focused on North Carolina: Constitutional Defenses in DSS Cases http://www.ncids.org/Defender%20Trainin ... fenses.pdf

Constitutional information for parents facing CPS to know, 9th Circuit based: http://ww.parentsinaction.net/english/L ... Rights.htm

The Constitutionality of Questioning Schoolchildren Without Parental Consent: http://www.thewordout.net/pages/page.asp?page_id=56674 (answer: a firm maybe; "when such an interview is conducted based on a school official's professional judgment that there is reason to believe that the child may suffer from abuse, courts are unlikely to sustain a challenge to the interview .")
Not a lawyer; nothing I say is legal advice. I am, however, someone who's studied children's "protective" services for several decades, and my anger and disgust has only grown stronger over time. I want all parents to know: whatever your flaws, whatever your guilt or failings... you deserve better than what CPS would to do you and your family.

"Let there be beauty and strength, power and compassion, honour and humility, mirth and reverence within you." - Charge of the Goddess

DJaffri
Posts: 1
Joined: Wed Jun 08, 2016 4:48 am

Re: The Family Court Hearing - A Constitutional Defense

Postby DJaffri » Wed Jun 08, 2016 4:52 am

I tried to click on the link but it doesn't work can someone help me please?


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