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We are a Nation of Laws and People, not Policies and Politicians

In Best Interest of the Child, due process rights, Family Court Reform, Family Rights, fathers rights, mothers rights, parental rights, Parents rights on June 12, 2009 at 11:27 pm

by Mark Godbey
June 12, 2009

“Governments are instituted among men, deriving their just powers from the consent of the governed.” – the Declaration of Independence.

In our country, we have allowed ourselves to be reduced to a status of a ruled people. Our state laws in many instances simply deny the existence of our U.S. Constitution, and through failures of legal due process, and the creation of administrative law, we are more likely to be ruled by commission, or by people appointed over us to create policies detrimental to our civil rights.

Parents and Childrens Civil Rights

Such is the case with family courts. The family laws in the many states ignore our fundamental rights: of trials by jury, the right to confront our accusers, the rights to protection from illegal searches and seizures, the right to a speedy and public trials, and to call witnesses in our defense, the equal protection accorded to all citizens. The 9th amendment “implied” right to parent our children. The 10 Amendment rights reserved to the people.

Instead, we have an policy “best interest of the child” doctrine, though well-meaning in purpose, in its application and in the scope of enforcement has become an heinous impediment to freedom in our country, of parents and children’s rights “to company, care and companionship of one another.”

Yet, since the early 1970 with the arrival of no-fault divorce between parents, children suffer. Children don’t divorce parents, but governments destroy children’s rights by awarding “custody.” Under what construct of law, do children give up the rights promised to them under the 14th amendment? None that I am aware of. Yet, state governments have convinced themselves to be duped into the idea that children have no civil rights. Also, the state is mistaken in thinking people enter into a “contract” with the state by getting a marriage “license.” And that upon altering the terms of the contract, the state can adminster the demise of the contract?

In the Best Interest of Women?

Can you imagine a government that created laws “in the best interest of women?” They used to create laws in the best interest of the Indians and of the black people, too. We all know where that “policy” lead to, and the civil rights rebellion of the 60’s. Is that what it will take to rescue children?

Under what policy, are children exempt for equal protection under the law? I am in total agreement that the ‘best interest of children” should be promoted. But it is is reserved to the people, as implied by the 9th and 10th Amendment, not to the states and federal government. The Supreme Court has ruled that the parents must decide what is in the children best interest first, the state can take over when parents cannot.

A child is much more like to be abused in a single mother home or a foster home, than in a dual parent home. The state and federal government have no legal jurisdiction under our US Constitution to create laws “in the best interest” of children unless parents fail to provide for children, abuse and neglect them. And the standards for abuse have been compromised by the billions of federal $$ to find abuse where none exists.

But in this country, the government usurpation of powers “reserved to the people” has taken a sharp turn in the past 30 years and is headed down the short road leading to the the destruction of family in favor of the single-parent home, the incubator of crime. We have forgotten the family is the foundation of any civilized society.

Courts of Equity, Not Courts of Common Law

Criminal allegation made in civil court, which is family court, and “psychological” evaluations made to determine “custody” violate civil rights and have no place in Custody or Family Court. The due process procedure, both substantive and procedural are minimal, and children are the ultimate victims.

Family code, welfare and institutions code, and substantive and procedure due process procedures need to be radically altered to protect civil rights enumerated and implied in our founding documents.

“Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable than to right themselves by abolishing the forms to which they are accustomed.” – The Declaration of Independence

“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government” – Declaration of Independence.

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