mkg4583

Posts Tagged ‘Fatherhood groups’

Men’s Rights – Feminism should be about equality for males, too. – Reason Magazine

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Custody for fathers, Child Support, Children and Domestic Violence, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-V, family court, Family Court Reform, Family Rights, fathers rights, Marriage, National Parents Day, Non-custodial fathers, Parental Kidnapping, Parental Relocation, parental rights, Parental Rights Amendment, Protective Dads on November 24, 2009 at 12:58 am

Men’s Rights

Feminism should be about equality for males, too.

Earlier this month DoubleX, Slate’s short-lived female-oriented publication (launched six months ago and about to be folded back into the parent site as a women’s section), ran an article ringing the alarm about the dire threat posed by the power of the men’s rights movement. But the article, written by New York-based freelance writer Kathryn Joyce and titled “Men’s Rights’ Groups Have Become Frighteningly Effective,” says more about the state of feminism—and journalistic bias—than it does about men’s groups.

Joyce’s indictment is directed at a loose network of activists seeking to raise awareness and change policy on such issues as false accusations of domestic violence, the plight of divorced fathers denied access to children, and domestic abuse of men. In her view, groups such as RADAR (Respecting Accuracy in Domestic Abuse Reporting) and individuals like columnist and radio talk show host Glenn Sacks are merely “respectable” and “savvy” faces for what is actually an anti-female backlash from “angry white men.”

As proof of this underlying misogyny, Joyce asserts that men who commit “acts of violence perceived to be in opposition to a feminist status quo” are routinely lionized in the men’s movement. This claim is purportedly backed up with a reference that, in fact, does not in any way support it: an article in Foreign Policy about the decline of male dominance around the globe. Joyce’s one specific example is that the diary of George Sodini, a Pittsburgh man who opened fire on women in a gym in retaliation for feeling rejected by women, was reposted online by the blogger “Angry Harry” as a wake-up call to the Western world that “it cannot continue to treat men so appallingly and get away with it.” But does this have anything to do with more mainstream men’s rights groups? The original version of the article claimed that Sacks, who called “Harry” an “idiot” in his interview with Joyce, nonetheless “cautiously defends” the blogger; DoubleX later ran a correction on this point.

Sacks himself admits to Joyce that the men’s movement has a “not-insubstantial lunatic fringe.” Yet in her eyes, even the mainstream men’s groups are promoting a dangerous agenda, above all infiltrating mainstream opinion with the view that reports of domestic violence are exaggerated and that a lot of spousal abuse is female-perpetrated. The latter claim, Joyce asserts, comes from “a small group of social scientists” led by “sociologist Murray Straus of the University of New Hampshire, who has written extensively on female violence.” (In fact, Straus, founder of the renowned Family Research Laboratory at the University of New Hampshire, is a pre-eminent scholar on family violence in general and was the first to conduct national surveys on the prevalence of wife-beating.)

Joyce repeats common critiques of Straus’ research: For instance, he equates “a woman pushing a man in self-defense to a man pushing a woman down the stairs” or “a single act of female violence with years of male abuse.” Yet these charges have been long refuted: Straus’ studies measure the frequency of violence and specifically inquire about which partner initiated the physical violence. Furthermore, Joyce fails to mention that virtually all social scientists studying domestic violence, including self-identified feminists such as University of Pittsburgh psychologist Irene Frieze, find high rates of mutual aggression.

Reviews of hundreds of existing studies, such as one conducted by University of Central Lancashire psychologist John Archer in a 2000 article in Psychological Bulletin, have found that at least in Western countries, women are as likely to initiate partner violence as men. While the consequences to women are more severe—they are twice as likely to report injuries and about three times more likely to fear an abusive spouse—these findings also show that men hardly escape unscathed. Joyce claims that “Straus’ research is starting to move public opinion,” but in fact, some of the strongest recent challenges to the conventional feminist view of domestic violence—as almost invariably involving female victims and male batterers—come from female scholars like New York University psychologist Linda Mills.

Contrary to Joyce’s claims, these challenges, so far, have made very limited inroads into public opinion. One of her examples of the scary power of men’s rights groups is that “a Los Angeles conference this July dedicated to discussing male victims of domestic violence, ‘From Ideology to Inclusion 2009: New Directions in Domestic Violence Research and Intervention,’ received positive mainstream press for its ‘inclusive’ efforts.'” In fact, the conference—which featured leading researchers on domestic violence from several countries, half of them women, and focused on much more than just male victims—received virtually no mainstream press coverage. One of the very few exceptions was a column I wrote for The Boston Globe, also reprinted in the Pittsburgh Post-Gazette.

Whatever minor successes men’s groups may have achieved, the reality is that public policy on domestic violence in the U.S. is heavily dominated by feminist advocacy groups. For the most part, these groups embrace a rigid orthodoxy that treats domestic violence as male terrorism against women, rooted in patriarchal power and intended to enforce it. They also have a record of making grotesquely exaggerated, thoroughly debunked claims about an epidemic of violence against women—for instance, that battering causes more hospital visits by women every year than car accidents, muggings, and cancer combined.

These advocacy groups practically designed the Violence Against Women Act of 1994, and they dominate the state coalitions against domestic violence to which local domestic violence programs must belong in order to qualify for federal funds. As a result of the advocates’ influence, federal assistance is denied to programs that offer joint counseling to couples in which there is domestic violence, and court-mandated treatment for violent men downplays drug and alcohol abuse (since it’s all about the patriarchy).

Against the backdrop of this enforced party line, Joyce is alarmed by the smallest signs that men’s rights groups may be gaining even a modest voice in framing domestic violence policy. She points out that in a few states, men’s rights activists have succeeded in “criminalizing false claims of domestic violence in custody cases” (this is apparently meant to be a bad thing) and “winning rulings that women-only shelters are discriminatory” (in fact, the California Court of Appeals ruled last year that state-funded domestic violence programs that refuse to provide service to abused men violate constitutional guarantees of equal protection, but also emphasized that the services need not be identical and coed shelters are not required).

To bolster her case, Joyce consistently quotes advocates—or scholars explicitly allied with the advocacy movement, such as Edward Gondolf of the Mid-Atlantic Addiction Research and Training Institute—to discredit the claims of the men’s movement. She also repeats uncorroborated allegations that many leaders of the movement are themselves abusers, but offers only one specific example: eccentric British activist Jason Hatch, who once scaled Buckingham Palace in a Batman costume to protest injustices against fathers, and who was taken to court for allegedly threatening one of his ex-wives during a custody dispute.

The article is laced with the presumption that, with regard to both general data and individual cases, any charge of domestic violence made by a woman against a man must be true.

One case Joyce uses to illustrate her thesis is that of Genia Shockome, who claimed to have been severely battered by her ex-husband Tim and lost custody of her two children after being accused of intentionally alienating them from their father. Yet Joyce never mentions that Shockome’s claims of violent abuse were unsupported by any evidence, that she herself did not mention any abuse in her initial divorce complaint, or that three custody evaluators—including a feminist psychologist who had worked with the Battered Women’s Justice Center at Pace University—sided with the father.

More than a quarter-century ago, British feminist philosopher Janet Radcliffe Richards wrote, “No feminist whose concern for women stems from a concern for justice in general can ever legitimately allow her only interest to be the advantage of women.” Joyce’s article is a stark example of feminism as exclusive concern with women and their perceived advantage, rather than justice or truth.

Cathy Young is a contributing editor at Reason magazine and a columnist for RealClearPolitics.com. She is the author of Ceasefire: Why Women and Men Must Join Forces to Achieve True Equality. This article originally appeared at Forbes.

Men’s Rights – Reason Magazine.

Advertisements

Parental Alienation and the DSM-V: A Call to Action

In Activism, Alienation of Affection, Best Interest of the Child, California Parental Rights Amendment, child abuse, Child Custody, Child Support, Children and Domestic Violence, children legal status, children's behaviour, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, DSM-IV, Family Court Reform, Family Rights, Liberty, Marriage, Munchausen Syndrome By Proxy, National Parents Day, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Rights Amendment, Parentectomy, Parents rights, Protective Dads, Restraining Orders, Rooker-Feldman Doctrine on November 17, 2009 at 1:02 am

Parental Alienation and the DSM-V

A large group of mental health professionals, legal professionals, and other individuals have submitted a formal proposal to have the concept of parental alienation included in the next editions of the Diagnostic and Statistical Manual of Mental Disorders (DSM-V) and the International Classification of Diseases (ICD-11). The proposal was submitted in November 2009. The authors of the 2009 proposal, who are listed below, represent eleven countries.

Please write to the following individuals and encourage them to include parental alienation in DSM-V:

David J. Kupfer, M.D. Dr. Kupfer is chair of the DSM-V Task Force. His address is: Western Psychiatric Institute, 3811 O’Hara Street, Pittsburgh, PA 15213.

Darrel A. Regier, M.D. Dr. Regier is vice-chair of the DSM-V Task Force. His address is: American Psychiatric Association, 1000 Wilson Blvd., Suite 1825, Arlington, VA 22209-3901.

Daniel S. Pine, M.D. D. Dr. Pine is chair of the DSM-V Disorders in Childhood and Adolescence Work Group. His address is: NIMH, 15K North Drive, MSC 2670, Bethesda, MD 20892-2670.

Principal author of Parental Alienation, DSM-V, and ICD-11 are: William Bernet, M.D. Contributing authors: José M. Aguilar, Ph.D. (Spain), Katherine Andre, Ph.D., Mila Arch Marin, Ph.D. (Spain), Eduard Bakalář, C.Sc. (Czech Republic), Amy J. L. Baker, Ph.D., Paul Bensussan, M.D. (France), Alice C. Bernet, M.S.N., Kristin Bernet, M.L.I.S., Barry S. Bien, L.L.B., Wilfrid von Boch-Galhau, M.D. (Germany), J. Michael Bone, Ph.D., Barry Bricklin, Ph.D., Andrew J. Chambers, J.D., Arantxa Coca Vila (Spain), Gagan Dhaliwal, M.D., Benoit van Dieren, Ph.D. (Belgium), Christian T. Dum, Ph.D. (Germany), John E. Dunne, M.D., Robert A. Evans, Ph.D., Robert Bruce Fane, Ed.D., Bradley W. Freeman, M.D., Prof. Guglielmo Gulotta (Italy), Anja Hannuniemi, LL.Lic. (Finland), Lena Hellblom Sjögren, Ph.D. (Sweden), Larry Hellmann, J.D., Steve Herman, Ph.D., Adolfo Jarne Esparcia, Ph.D. (Spain), Allan M. Josephson, M.D., Joseph Kenan, M.D., Ursula Kodjoe, M.A. (Germany), Douglas A. Kramer, M.D., M.S., Ken Lewis, Ph.D., Moira Liberatore, Psy.D. (Italy), Demosthenes Lorandos, Ph.D., J.D., Ludwig F. Lowenstein, Ph.D. (United Kingdom), Domènec Luengo Ballester, Ph.D. (Spain), Jayne A. Major, Ph.D., Eric G. Mart, Ph.D., Kim Masters, M.D., David McMillan, Ph.D., John E. Meeks, M.D., Steven G. Miller, M.D., Martha J. Morelock, Ph.D., Stephen L. Morrison, Ph.D., Wade Myers, M.D., Olga Odinetz, Ph.D. (France), Jeff Opperman, S. Richard Sauber, Ph.D., Thomas E. Schacht, Psy.D., Jesse Shaver, Ph.D., M.D., Bela Sood, M.D., Richard K. Stephens, Julie Lounds Taylor, Ph.D., Asunción Tejedor Huerta, Ph.D. (Spain), Hubert Van Gijseghem, Ph.D. (Canada), James S. Walker, Ph.D., Randy Warren, J.D., Monty N. Weinstein, Psy.D., Katie Wilson, M.D., and Abe Worenklein, Ph.D. (Canada).

Tags: Parental Alienation

This entry was posted on Saturday, November 14th, 2009 at 2:59 am and is filed under Advocacy, DSM-V, Parental Alienation. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

Fathers 4 Justice in city centre protest (From Oxford Mail)

In fatherlessness, fathers rights, Non-custodial fathers, parental rights, Parents rights, Protective Dads on November 7, 2009 at 12:02 am

Fathers 4 Justice in city centre protest

9:33am Wednesday 4th November 2009

comment Comments (8) Have your say »

By Andrew Ffrench »

A campaigner for father’s rights has attempted to scale the roof of Oxford Magistrates’ Court.

Roger Crawford, 60, a member of Fathers 4 Justice launched a protest this morning.

Mr Crawford, from Meppershall, in Bedfordshire, was dressed as superman as he attempted to climb the building in St Aldate’s earlier this morning, before being caught by security staff.

It is believed the campaigners have now taken their protest to the street outside.

via Fathers 4 Justice in city centre protest (From Oxford Mail).

 

Your Say YourOxford

philg, Oxford says…
2:44pm Wed 4 Nov 09

I thought the crown court was in St Aldate’s, and the Magistrates’ court in Speedwell Street. The campaigners I saw were certainly outside the Crown Court.

Get the facts straight


Mike Murphy, Sault Ste. Marie, ON, Canada says…
5:30am Thu 5 Nov 09

Roger well done. Its good to see a man closer to my age still spry enough to try and get on roofs as well as have the passion and love for children you do.

Its always a good day when we draw attention to the dysfunction of family courts no matter what court house it is.


slumdog, wallasey says…
1:25pm Thu 5 Nov 09

Too many men see their partners and their children as property. When their property is taken from them they throw tantrums and explode with infantile, impotent macho rage. FFJ is the natural home of these people as demonstrated by their choice of male power fantasy attire. ..
If it was passion or love they were trying to express they would not have plotted to kidnap Tony Blair’s kids.
..
Mike Murphy, We will be better off when FFJ is not just spry, but crisp and dry.


newfathers4justice ( sussex ), sussex says…
9:05pm Thu 5 Nov 09

slumdog,

your obviously an idiot !
and i would say quoting from some bad experience
, oh
, and by the way F4J’ did not try to kidnap leo blair

if your so up on things get your facts straight first


slumdog, wallasey says…
4:46am Fri 6 Nov 09

ffj This post is the same as the one on the other thread, Your missus teach you to copy and paste before she through you out?


slumdog, wallasey says…
12:21pm Fri 6 Nov 09

My last post should read ‘threw’, not ‘through’. I was a bit tired by then!


newfathers4justice ( sussex ), sussex says…
7:45pm Fri 6 Nov 09

get a life

The Making of a Modern Dad | Psychology Today

In Activism, Alienation of Affection, Best Interest of the Child, child abuse, Child Custody, Child Custody for fathers, Child Support, Children and Domestic Violence, children criminals, children legal status, children's behaviour, Childrens Rights, Civil Rights, custody, Department of Social Servies, Domestic Violence, due process rights, False Allegations of Domestic Violence, family court, National Parents Day, Non-custodial fathers, parental alienation, Parental Kidnapping, Parental Relocation, parental rights, Parentectomy, Parents rights, Protective Dads, Protective Parents, Restraining Orders, Sociopath, state crimes on October 9, 2009 at 4:13 pm

The Making of a Modern Dad

“One of my first memories growing up was wishing that my father would be home more” recalls Andrew Hudnut M.D, a family doctor in Sacramento, California. “I was 8, and we had just returned from a canoe trip. I remember thinking, ‘I don’t want a bigger house or more money. I just want my dad around.'”

When his wife gave birth, Hudnut arranged his practice so he could be home to take care of his son, Seamus, two days a week; he sees patients on the other three workdays. “It was a very natural transition,” he reports. “I’m grateful to have the opportunity my father never had.”

Part of a new generation of men who are redefining fatherhood and masculinity, Hudnut, who is 33, is unwilling to accept the role of absentee provider that his father’s generation assumed. With mothers often being the breadwinners of the family, many young fathers are deciding that a man’s place can also be in the home—part-time or even full-time.

According to census figures, one in four dads takes care of his preschooler during the time the mother is working. The number of children who are raised by a primary-care father is now more than 2 million and counting. By all measures, fathers, even those who work full-time, are more involved in their children’s lives than ever before. According to the Families and Work Institute in New York City, fathers now provide three-fourths of the child care mothers do, up from one-half 30 years ago.

Is Father Nurture Natural?

Many men and women wonder if all of this father care is really natural. According to popular perceptions, men are supposedly driven by their hormones (primarily testosterone) to compete for status, to seek out sex and even to be violent—conditions hardly conducive to raising kids. A recent article in Reader’s Digest, “Why Men Act As They Do,” is subtitled “It’s the Testosterone, Stupid.” Calling the hormone “a metaphor for masculinity,” the article concludes, “…testosterone correlates with risk: physical, criminal, and personal.” Don’t men’s testosterone-induced chest-beating and risk-taking limit their ability to cradle and comfort their children?

Two Canadian studies suggest that there is much more to masculinity than testosterone. While testosterone is certainly important in driving men to conceive a child, it takes an array of other hormones to turn men into fathers. And among the best fathers, it turns out, testosterone levels actually drop significantly after the birth of a child. If manhood includes fatherhood, which it does for a majority of men, then testosterone is hardly the ultimate measure of masculinity.

In fact, the second of the two studies, which was recently published in the Mayo Clinic Proceedings, suggests that fathers have higher levels of estrogen the well-known female sex hormone—than other men. The research shows that men go through significant hormonal changes alongside their pregnant partners changes most likely initiated by their partner’s pregnancy and ones that even cause some men to experience pregnancy-like symptoms such as nausea and weight gain. It seems increasingly clear that just as nature prepares women to be committed moms, it prepares men to be devoted dads.

“I have always suspected that fatherhood has biological effects in some, perhaps all, men,” says biologist Sue Carter, distinguished professor at the University of Maryland. “Now here is the first hard evidence that men are biologically prepared for fatherhood.”

The studies have the potential to profoundly change our understanding of families, of fatherhood and of masculinity itself. Being a devoted parent is not only important but also natural for men. Indeed, there is evidence that men are biologically involved in their children’s lives from the beginning.

Is Biology Destiny for Dads?

It’s well known that hormonal changes caused by pregnancy encourage a mother to love and nurture her child. But it has long been assumed that a father’s attachment to his child is the result of a more uncertain process, a purely optional emotional bonding that develops over time, often years. Male animals in some species undergo hormonal changes that prime them for parenting. But do human dads? The two studies, conducted at Memorial University and Queens University in Canada, suggest that human dads do.

In the original study, published in Evolution and Human Behavior, psychologist Anne Storey, and her colleagues took blood samples from 34 couples at different times during pregnancy and shortly after birth. The researchers chose to monitor three specific hormones because of their links to nurturing behavior in human mothers and in animal fathers.

The first hormone, prolactin, gets its name from the role it plays in promoting lactation in women, but it also instigates parental behavior in a number of birds and mammals. Male doves who are given prolactin start brooding and feeding their young, Storey found that in human fathers, prolactin levels rise by approximately 20 percent during the three weeks before their partners give birth.

The second hormone, cortisol, is well known as a stress hormone, but it is also a good indicator of a mother’s attachment to her baby. New mothers who have high cortisol levels can detect their own infant by odor more easily than mothers with lower cortisol levels. The mothers also respond more sympathetically to their baby’s cries and describe their relationship with their baby in more positive terms. Storey and her colleagues found that for expectant fathers, cortisol was twice as high in the three weeks before birth than earlier in the pregnancy.

To see the rest of the article:

The Making of a Modern Dad | Psychology Today.

Depressed mothers lead to Depressed Kids | Opinion | theGrio

In Activism, Alienation of Affection, Best Interest of the Child, child abuse, Child Custody, Child Custody for fathers, Child Custody for Mothers, Child Support, child trafficking, Children and Domestic Violence, children legal status, children's behaviour, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, Domestic Violence, Family Court Reform, Family Rights, fatherlessness, fathers rights, Freedom, Intentional Infliction of Emotional Distress, kidnapped children, Liberty, Marriage, National Parents Day, Non-custodial fathers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parental Rights Amendment, Parents rights, Protective Dads, Restraining Orders, Rooker-Feldman Doctrine on September 28, 2009 at 11:00 pm

Such a terrible tragedy for moms and children that the government has sponsored the destruction of the Traditional Mom and Dad family in favor of a welfare check?  Our government encourages Irresponsibility by allowing No-Fault Divorce, when the facts are, that children and women are safest from Domestic Violence in a two-parent home.

These are the facts.  Mothers are safest with dad in the home.  Children are safest with dad in the home.  It is only when dad is not present, does Domestic Violence occur.  In 90 percent of all cases, DV occurs AFTER a restraining order is slapped on dad, and he is kicked out of the home   See Respecting Accuracy in Domestic Abuse Reporting.

You ask any of these moms or children do they want a husband, daddy or a welfare check? Our government should be ashamed of itself for tolerating this destruction.   As a Native American, this is the same Hate Crime committed against the Indian Nations for over two hundred years, and what did get the American Indian? Genocide of a race. Is that what the Great Society of Lyndon Johnson was supposed to do?

And what about our first black President Barack Obama?Does he have the courage to stand up against the feminist, No-Fault divorce culture, the culture that places the rights of moms and dads to have children, yet ignores the rights of children to be raised in Mom and Dad Homes? – No child left behind, except 70 percent of all black children. – Parental Rights.

Depressed mothers lead to depressed kids

Depressed mothers lead to depressed kids

(Photo/© Laurin Rinder – Fotolia.com)

The insightful expression, “If Momma ain’t happy, ain’t nobody happy,” continues to hold true in many ways. Yet it is often “Momma” herself who says she’s fine, when she really isn’t. It is an easy, often automatic, reply rooted in slavery and passed down from generation to generation through the caretakers of an oft broken people.

We cook, we clean, we go to work, we raise the babies and we suffer in silence. Generations of our women have been taught to show no shame; to hide the unspeakable emotional and unbearable mental pain that they themselves may have endured as a child or as an adolescent. From poverty, sexual abuse, violence, self-parenting, and a limited education, our young mothers unknowingly suffer in great number from mild to severe cases of depression. If left untreated, these symptoms – difficulty concentrating, fatigue, feelings of worthlessness, irritability, overeating, persistent sadness, and/or thoughts of suicide – may worsen, lasting for years and causing untold family suffering.

What does this mean for our children? Today, nearly 70% of Black children are born to single mothers, a third of which live below the poverty line. This means that these mentally distressed women are raising our children, more often than not by themselves, and under very harsh circumstances.

Sadly, too many of our kids are having to process the pain of not having a father present. No one really speaks about this void because it is so common, but the kids process this by internalizing rejection, telling themselves, “Daddy did not love me” and, “Daddy did not want me.”

Children’s surroundings affect them immensely. Gang violence is ever-present in many neighborhoods. The stress faced in daily life makes it difficult for students to sit down and concentrate in the classroom and get along with their peers. According to health experts, the stress can lead to various health problems, with students complaining of lack of sleep or constant headaches.

It should come as no surprise that depressed mothers often lead to depressed children. Unfortunately, even those mothers who recognize that they themselves are depressed don’t recognize the signs in their own children. Many depressed and busy parents may also not be as attentive of their own children and not realize that their dysfunction is deeply affecting the rest of the family.

Children whose mothers suffer from depression may be more likely to exhibit the same symptoms. Moreover, the harmful consequences of poverty coupled with the mediating effects of maternal depression jeopardize the development of our young boys and girls. These children are slow to develop and their problems often only come to our attention when their pain becomes public manifested as violence and self-destruction at the hands of drug and alcohol abuse or additional behavioral disorders.

The most revolutionary thing we can do for them is let them know they are not alone. We should share our own vulnerabilities with them and teach them how to deal with their emotions. We should not pretend to be “the strong one” who wears the mask all the time and never sheds a tear. Most important, we should share coping mechanisms that work for us; from spiritual health to professional mental healthcare.

If doing it to help yourself isn’t enough, then do it for the well-being of our children.

Terrie M. Williams is the co-founder of the non-profit Stay Strong Foundation and author of Black Pain: It Just Looks Like We’re Not Hurting http://www.healingstartswithus.net

Follow theGrio on twitter and facebook.

Depressed mothers lead to depressed kids | Opinion | theGrio.

Ain’t It Beautiful: How to Sue a Judge

In Activism, Child Custody, Child Custody for fathers, Child Custody for Mothers, Child Support, Family Court Reform, Family Rights, Foster Care, Freedom, Parental Kidnapping, Parental Relocation, Protective Dads, Restraining Orders, Rooker-Feldman Doctrine, state crimes on September 23, 2009 at 5:23 pm

Tuesday, September 22, 2009

How to Sue a Judge

How to Sue a Judge

By David C. Grossack, Constitutional Attorney
Common Law Copyright © 1994 All Rights Reserved

Has a judge violated your constitutional rights? Have you been discriminated against by being treated differently than other people in similar situations by reason of race, religion, national origin, gender, sexual preference or political opinion? Have you lost certain rights without a meaningful hearing or even an opportunity to be heard?

Have you been deprived of any other constitutional protection? Have you been subject to Court action for the purpose of intimidating you from exercising an opinion, or practicing your faith? Don’t let them get away with it.

Although it is almost impossible to recover monetary damages from a judge (unless you can prove he or she acted ultra-vires beyond his or her legal jurisdiction) it is in fact possible to obtain relief in equity against a judge through civil rights actions. Equitable relief includes:

  • declaratory relief – (rulings by another judge in the form of opinions establishing the constitutionality or lack of constitutionality of another judges actions.)
  • injunctive relief – a command or order to do something or refrain from doing so.

As a general rule, however, judges cannot be held liable for money damages for acts done in the exercise of his judicial function, within the limits of his jurisdiction, no matter how erroneous, illegal or malicious his acts may be. (48A Corpus Juris Secundum §86) A minority of decisions have held that if an inferior judge acts maliciously or corruptly he may incur liability. Kalb v. Luce, 291 N.W. 841, 234, WISC 509.

Federal Civil Rights statutes, and possibly Bivens actions, appear to offer the best path for redressing constitutional grievances with state and federal judges, respectively, in Federal Court. As a practical matter, such cases will usually be brought by pro se litigants. Neither the politics nor economics of law practice permits lawyers to pursue such cases nor makes them affordable except to a small elite of citizens.

However, lawyers who do successfully sue state judges in federal court in Title 42 U.S. Code § 1983 cases can recover attorney’s fees from judicial defendants provided they can show time sheets kept contemporaneously with their work.

The most important step you have to take in beginning your lawsuit is in writing the complaint that will be conforming to the Federal Rules of Civil Procedure (available in every Government Bookstore or from the Government Printing Office in Washington, DC.)

Properly drafted complaints need not be prepared by a lawyer. All that is required is a very fundamental understanding of a few basic constitutional principles and a typewriter and paper. Handwritten complaints can also be filed in court.

Each federal court publishes its own local rules which can impose some additional requirements, but essentially there are only a handful of things you need to know. 1. Each complaint has a caption reading “United States District Court, District of (name the jurisdiction e.g. Southern New York or Eastern California.) 2. Each complaint includes a caption indicating the name of the plaintiff, and the name of the defendant. The words “individually and in his official capacity” should appear after the name of the defendant judge. The words “Verified Complaint” should appear on the right side of the caption. Your caption should appear like this:

United States District Court
District of (State)
Civil Docket No. _______

John Doe,
Plaintiff
vs. VERIFIED COMPLAINT
Bobby Roe,
individually and in his/her official capacity as Justice of the Superior Court ) of [*****] County,
Defendant

A couple of spaces below, you must begin to spell out your reasons for bringing your complaint to Court. Make an outline of your case. First, state your “Jurisdictional Basis” in Paragraph I. I usually write as follows:

JURISDICTIONAL BASIS

I. Plaintiff claims federal jurisdiction pursuant to Article III § 2 which extends the jurisdiction to cases arising under the U.S. Constitution. Next you should write Paragraph II stating the precise Statutory Authority why you brought the case. If you are suing a state judge, you will state:

II. Plaintiff brings this suit pursuant to Title 42 U.S. Code § 1983 for violations of certain protections guaranteed to him by the First, Fifth, Eighth, Ninth and Fourteenth Amendments (select which apply) of the federal Constitution, by the defendant under color of law in his/her capacity as a judge in the Superior Court of (****) County.

If you are suing a federal judge, state:

“Plaintiff brings this action against (name), a federal judicial officer, pursuant to Title 28 U.S. Code § 1331, in claims arising from violations of federal constitutional rights guaranteed in the (fill in) amendments to the U.S. Constitution and redressable pursuant to Bivens v. Six Unknown Narcotics Agents 403 U.S. 388 (1971).”

Be aware that the issue of whether federal judicial officers can in fact be sued under this authority is unresolved, but my opinion is that there is a strong implication in the affirmative based on the language in many cases.

Your complaint should then have a section entitled “Parties”. The next two paragraphs would read:

III. Plaintiff (Your name) is a natural person residing at (Your address), (County), (State).

IV. Defendant is a Judge presiding at (fill in.)

Following this you must now describe your claim in detail, giving legal and factual basis for your case. This portion of the case is entitled “Statement of Case”

What kind of factual pattern would give rise to a successful claim under the federal civil rights law? Title 42 U.S. Code § 1983 reads as follows:

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.

The burden of proof is upon the plaintiff to show that the defendant judge acted unconstitutionally or outside of his/her jurisdiction. If the judge engaged in an egregious discrimination against males in a divorce court, minorities in state criminal cases, members of an unpopular religious group in confrontation with government authorities and treated suspiciously in court or members of a “fringe” political group, these situations can give rise to a claim of denial of equal protection under the Fourteenth Amendment.

If a judge permits an ex parte attachment, i.e. seizure of real estate without giving you notice of a hearing in a state court proceeding, this is a deprivation of property without due process, violating the Fifth Amendment as well as the Fourteenth Amendment.

Ex parte restraining orders forcing men or women out of their homes based on abuse allegations in state courts are a primary and rampant example of violations of constitutional rights today, and certainly actionable in federal court.

The first ten amendments of the Bill of Rights are self explanatory. Violations of any of the rights described in these amendments give rise to causes of action, both against state judges under Title 42 U.S.C. § 1983 and arguably against federal judges in Bivens actions.

Pro se litigants should give a clear and concise description of what happened in chronological order, identifying the judge, the date, time, and place of his or her action, and specifying which acts violated which constitutional amendments.

The complaint finishes with a section entitled “Prayer for Relief.” In such a case you can ask for an injunction ordering another judge to so something, or to refrain from doing something. Successful use of these suits has been made to nullify attachments, end incarcerations, declare laws or court practices unconstitutional and scare the heck out of black robed tyrants with gavels. See Pulliam v. Allen, 466 U.S. 522 (1983).

I often phrase my prayers for relief as follows:

Wherefore plaintiff prays this Court issue equitable relief as follows:

1. Issue injunctive relief commanding defendant to . . .

2. Issue declaratory relief as this Court deems appropriate just.

3. Issue other relief as this Court deems appropriate and just.

4. Award plaintiff his costs of litigation.

Respectfully submitted,

(Your signature)

Your name printed
Your address
City, State, Zip Code
Telephone No.

Statement of Verification

I have read the above complaint and it is correct to the best of my knowledge.

Your signature

Complaints are filed in the Civil Clerk’s Office in the United States District Court for your district.

Federal rules now allow for service of process by certified mail. You will be required to serve the defendant judge and also your state attorney general if you are suing a state judge.

The pro se road will be easier if you study the Federal Rules of Civil Procedure, obtain a Black’s Law Dictionary and familiarize yourself with legal research methods. You must also read the Local Rules of the Federal Court where you are suing, and learn Constitutional law fast.

Using a lawyer as a coach is helpful. Bear in mind that your lawsuit is disfavored because it is against a judge. Nevertheless, our system of “justice” is in such tough shape that suits against judges are a socio-political necessity.

Complaints should be photocopied, disseminated to the legislature, the media and political action groups.

Perhaps the cumulative impact of these suits will bring a healthy radical change for the American people.

The author is an attorney in private practice in Boston.

Constitutional Business
Post Office Box 90
Hull, Massachusetts 02045
Tel. 617-925-5253
Fax 617-925-3906
Copyright ©1994 All Rights Reserved

Limited License:
The right to publish this article off-line in print, or via CD-ROM, floppy diskette, tape, laser disk, or any other media, electronic or otherwise, can only be granted by the author and must be in writing. Online usage is unrestricted as long as this article, including the byline, copyright notice, publisher’s address, and limited license, is published in its entirety.

Moms Maltreatment of Children 11 Times Greater Than Dads

In Alienation of Affection, Best Interest of the Child, Child Custody for fathers, Child Support, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Relations, family court, Family Court Reform, Family Rights, Freedom, Intentional Infliction of Emotional Distress, Liberty, Marriage, mothers rights, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parentectomy, Protective Dads, Protective Parents, Restraining Orders, Single Moms, Sociopath on September 22, 2009 at 6:00 am

“What I find sad is the constant denial/skewing of statistics by father’s rights and men’s rights advocates that show moms are just as bad.” – Nancy Carroll aka rightsformothers

Moms are worse, Nancy Carroll…. 1100 percent worse... More fathers are winning custody from abusive moms. The only thing “skewed” is your ability to read FACTS and STATISTICS. Dads are far more protective of children than moms are. Read the statistics below:

https://mkg4583.wordpress.com/2009/09/16/child-maltreatment-2007-1100-percent-increase-by-mom-alone/

HHS Child Maltreatment 2007: 1100 Percent Increase by Mom Alone

In Alienation of Affection, Best Interest of the Child, Child Custody, Child Custody for fathers, Child Custody for Mothers, Child Support, children legal status, children's behaviour, Department of Social Servies, Divorce, Domestic Relations, due process rights, Family Court Reform, Family Rights, Foster Care Scam, Liberty, Marriage, MMPI, MMPI 2, Non-custodial fathers, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, Single Moms, Single Parenting, Sociopath on September 16, 2009 at 1:00 am

Fortunately, legislators are now beginning to see the results of what happens to children when they are left in single mom home, and single mom homes, with boyfriends. Child Abuse statistics as reported by the Department of HHS. It is time for legislators to act to protect children by protecting and insuring dads involvement .

President Obama’s fatherhood initiative bill that failed in 2006 while he was Senator, has been reincarnated by Senator Bayh and it will pass, this time. Although there are some dads that will see this bill as flawed, it is a step in the right direction to bring dads back into relationship with the children and end the cycle of Domestic Violence inflicted on them by the perps who hurt them, Biological Moms and Moms with boyfriends. (BM)

This group, BMs, combined accounts for 44.4 percent of domestic violence against children.

The second group Biological Dads and others (BD), account for 18.8 percent of domestic violence against children. The third group is both mom and dad at 16.8 percent. Children are safer in a married parents home.

The statistics are clear. Children are only marginally more at danger with Biological dad and Other alone by 2 percentage points!!

But with Biological Mom and BF? These perps go up by a whopping 27.5 percent!!!

Statistically, that means after divorce dads and new wife and girlfriend account for 2 percent increase.

On the other hand moms and new husband or boyfriend account for a 27.5 percent increase with biological moms responsible for 22 percent increase!! in violence against their own children!!

Biological Dads = 2 percent increase !!
Bioligical Moms = 22 percent increase !!

Children experience a 1100 PERCENT INCREASE in domestic violence by their biological moms alone.

It is time for legislators and judges to put dads back in homes, and end the terror that children experience when their daddy is gone……..and it is just mommy!

Figure 3-6 Victims by Perpetrator Relationship, 2007

Victims by Perpetrator Relationship, 2007

Victims by Perpetrator Relationship, 2007

This pie chart presents victims by relationship to their perpetrators. More than 80 percent (80.1%) of victims were maltreated by at least one parent. Nearly 40 percent (38.7%) of victims were maltreated by their mother acting on her own.

Child Maltreatment 2007: Figure 3-6 Victims by Perpetrator Relationship, 2007.

Mums Lead Abuse Shame – Children at Risk!

In Activism, Alienation of Affection, Best Interest of the Child, child abuse, Child Custody, Child Support, Children and Domestic Violence, children criminals, Childrens Rights, Civil Rights, Department of Social Servies, Divorce, Domestic Violence, Family Court Reform, Family Rights, Freedom, Liberty, Marriage, National Parents Day, parental alienation, Parental Alienation Syndrome, Parental Kidnapping, Parental Relocation, parental rights, Parental Rights Amendment, Protective Dads, Protective Parents on September 15, 2009 at 2:00 am

The same holds true in the United States with moms abusing the children in record numbers, and we are making it known everywhere, that it is time to put dad back in the home to protect the children from mums. – Parental Rights.  The US stats are here: Child Maltreatment 2007: Figure 3-6 Victims by Perpetrator Relationship, 2007.

Mums lead abuse shame

Posted by Laurie Nowell on September 13th, 2009 | Category: Laurie Nowell

Sunday Herald Sun (Melbourne)
13 September 2009, Page 35

By Laurie Nowell

Child abuse is rising dramatically in Australia, according to the first
in-depth study to be released on the issue in a decade.

Data shows cases of abuse against children rose more than 50 per cent between 2006 and 2008.

In the 37 per cent of cases in which a parent was the perpetrator, mothers were responsible for 73 per cent of abuse cases while fathers were the cause of 27 per cent.

The data, the first of its kind to emerge since 1996 and obtained under Freedom of Information (FoI) laws, was compiled by the Western Australia Department of Child Protection.

The figures present a disturbing snapshot of soaring child abuse and its perpetrators. Experts say the data can accurately be applied across Australia.

Applications under FoI for similar data from all other states were refused.  The statistics come as the Federal Government has signalled it may roll back the “shared parenting” amendments to the Family Law Act, brought in under the Howard government to give fathers greater access to their children in custody battles.

The data shows fathers are most responsible for sex abuse against children – accounting for more than 85 per cent of cases.

But mothers carry out more than 65 per cent of cases of emotional and psychological abuse and about 53 per cent of physical abuse. They are also responsible for about 93 per cent of cases of neglect.

There were 1,505 cases of abuse of children in WA in 2007-08 – 427 of them were carried out by mothers and 155 by fathers.

In other cases in which the gender of the perpetrator was determined, 463 cases were carried out by women and 353 by men.

A comparison with 2005-06 data shows the number of total cases of abuse had risen more than 50 per cent from 960. In 2005-06, mothers carried out 312 acts of abuse and fathers 165.

University of Western Sydney lecturer Micheal Woods said the findings “undermined the myth that fathers were the major risk factor for their children’s wellbeing”.

“While there are some abusive fathers, there are in fact a larger
proportion of violent and abusive mothers,” Mr Woods said.

F4E Blog – Father Matters.