Due Process & Constitutional Issues in Family Law Cases

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  • Опубліковано 19 лис 2024

КОМЕНТАРІ • 30

  • @JacquelynNewmandivine
    @JacquelynNewmandivine 3 місяці тому

    I am unfortunately a mother experiencing topics discussed in this video. I’m beyond grateful for you posting this on UA-cam. Thank-you for sharing this powerful knowledge. You are doing amazing things and helping families for free. Thank-you.

  • @user-ms8tn6fo2t
    @user-ms8tn6fo2t 3 місяці тому +1

    Thank you for this podcast
    Question: How do you see pro se parents rights violated and or not protected properly which results in unreasonable child support payments amount and retro benefits. How do you properly calculate and defend not owing retro payment? Please do a video on requesting an official audit of payment entries along with verifying tthe original order is being followed for payments

    • @user-ms8tn6fo2t
      @user-ms8tn6fo2t 3 місяці тому

      Great question would appreciate their opinion on if courts are accountable for ex parte communication from intial order. Wish you'd discuss retroactive vs arrearages where state tries to change retoactive to arrearage for state to add interest etc

  • @Nick-jx6ro
    @Nick-jx6ro 3 місяці тому +1

    What was the caselaw cuted by the first guy? Duroc V. Stalin?
    I feel im wrong and would like correction if so.

  • @BrandyKennedy-qd6ny
    @BrandyKennedy-qd6ny 5 місяців тому +1

    my children were taken via ex parte emergency custody... and the only reason stated in the order was that their father wanted them to attend his school district. There was not even the slightest suggestion of the kids being in any kind of danger, only that he wanted them to go to his school district. The judge allowed this. They took my kids, and when the date of hearing came - the judge pushed the date back another week because his attorney could "use another week". I went without contact with my boys the entire time. The return on ex parte hearing? It never happened... it was lumped together with the temporary custody and the judge never addressed it. It was never dealt with. The entire thing was a complete farce. Clearly lacking even a CLAIM that would fall within the scope of this action, and certainly without any proof that would justify the removal of my kids without regard for the "STATUS QUO", as well as my federally protected fundemental liberties thrown in the trash can. No one even batted an eye lash.... no one lost any sleep, except for myself and my children.
    I was told by several attorneys that they see this all the time in Johnston County, NC.
    The status quo was not preserved, it was dismantled. The children taken from their home and for no reason other than "he wanted them to attend his school". If any of you think the law gives a damn about what's right, please dont be a fool like I was. I had the LAW on my side. It was my biggest mistake - these judges dont give a damn about the law. The system doesnt even follow its own rules, and sure as hell doesnt care about you or your kids :)

    • @jessicathemom
      @jessicathemom 3 місяці тому +2

      Holy moly. Exact same thing happened to me in my case. And my boys were criminally abducted - then the father obtained an ex parte TRO in civil court to rebuff any criminal/police investigation.
      Then the judge gave him some custody out of court.

  • @FernandoGomez-ne8bh
    @FernandoGomez-ne8bh 3 місяці тому

    I got 30 days here in California

  • @Twitchisatrick
    @Twitchisatrick 2 місяці тому

    Why do child support enforcement agencies, often referred to as IV-D programs, sometimes illegally deduct money from people’s paychecks, suspend their licenses, and even jail them? Is the potential harm to individuals worth the ignorance or mistakes made by these agencies? All parties involved could face legal action and potentially lose their jobs, and people could also be entitled to receive their money back with interest.

  • @asianzthangful
    @asianzthangful 5 місяців тому

    My family needs help, we started suffering 1,248 hrs since our 7 weeks daughter was illegally separated from her parents

  • @jonsingle1614
    @jonsingle1614 4 місяці тому +2

    So what is the remedy for courts....judges...who violate rights and law !??? Throw more money at a lawyer who may or may not be doing anything for you ???

    • @shawndavis3844
      @shawndavis3844 4 місяці тому

      I'm in the same situation. No reason to keep going before that judge. Are the violations in reference to your civil rights or did the judge break the Rules of Judicial Conduct? You have to appeal the judge to the upper courts this gives your case an opportunity to be heard by judges that are above the lower courts. While appealing the hearing in your case submit a motion to stay so that nothing else can happen until the from the verdict from the appeals have been entered.

  • @Stephanie-z1x8w
    @Stephanie-z1x8w 4 місяці тому

    So, when a child is removed from 1 parents custody because the other parent filed emergency custody petition stating false allegations . ( no proof) The parent the child was taken from has Never been given the chance to be heard! Obvi, High conflict , After 2 years the case still hasn’t gone to trial !!!! Lots of rights violated here ! What does parent need to do to be heard and get child back ? Appeal? Dismiss ? State ? Higher court?

  • @danemuma9323
    @danemuma9323 Місяць тому

    What about 11 months for an adjudicated position

  • @laseanlyles4580
    @laseanlyles4580 2 місяці тому +1

    Well Texas violated a lot of my rights

  • @jenniferwyatt8945
    @jenniferwyatt8945 4 місяці тому

    How can a person do this pro se

  • @luvdr350
    @luvdr350 4 місяці тому

    Please God I pray that you investigate new castle Pennsylvania and Lawrence county. The devil is in that courthouse.

  • @laseanlyles4580
    @laseanlyles4580 2 місяці тому

    They violated my rights

  • @FernandoGomez-ne8bh
    @FernandoGomez-ne8bh 3 місяці тому

    Ashish is the best

  • @JaniceDeaton
    @JaniceDeaton 3 місяці тому

    My grand kids where living with me when cps waited for them to be visiting mom's home to show up at 830pm with a court order to remove kids. Case worker would not allow me to take kids home. Because I refused to talk to her or comply with any of her request. Although she claims it's because I will not take a drug test. Can she really blackmaile me to be able to violate my constitutional rights ?

  • @FernandoGomez-ne8bh
    @FernandoGomez-ne8bh 3 місяці тому

    Can you guys help with an appeal in Family Court cases in California?

    • @TeganBurns
      @TeganBurns 8 днів тому

      Use Callidus AI to help you understand the law. Good luck

  • @bigjon420
    @bigjon420 4 місяці тому

    Every foreign corporate agents that operate in their private foreign capacity does so without clean hands or good faith. We the sovereign American people cannot claim ignorance of the law so it stands that our employees who jobs it is to uphold the law cannot claim ignorance of the law.

  • @esantiago5911
    @esantiago5911 4 місяці тому

    Why is it that everybody's going to these courts when these judges are violating people's rights and doing everything that it's not in the best interest of the children these judges are mentally sick incompetent.parents need to work it out there self letting a complete stranger to decide your life with the children need to abolish family court

    • @Nick-jx6ro
      @Nick-jx6ro 3 місяці тому +1

      It's all based around contract law and implied/express consent.
      Make no general appearances. Attend all hearings so it is not to default. Only make them under "special appearances." Do not hire a "family lawyer" to defend you in regards to the "court order" as it implies consent to the validity of the contract. Do not request, authorize, pay for a certified copy of the "court order" if not given one, and DO NOT consent to ANY contract. They will try and may garnish wages. Pay nothing voluntarily. As it implies consent to the contract's authority over you, therfore "jurisdiction" under the contract. These are not court orders, they are contracts. It is not a "court" it is an administrative hearing. You are not being seen by a judge in this setting. It is only a magistrate. It is not law, it is "family code" or guidelines for a contract of consent. Challenge them on jurisdiction.
      I am not a lawyer. This is not legal advice. don't take my word alone. Research it yourself.

  • @esantiago5911
    @esantiago5911 4 місяці тому +1

    Why if you're a lawyer why your scare or kiss the judges ass the kids dont belong to the state they belong yo the parents they all know the family dont give a damm about the vhildren interest there only interest who there going to extort