RSS News from Weightier Matter–CCFC’s News, Events, and Resource Center

  • Is There A “Good Divorce” for Kids? Child Custody Researchers Debate the Research: “It’s a Myth”
    They say opinions are like … never mind.   And everyone of course has a favorite opinion or two about child custody.  Yet regardless of whose … opinion … you prefer, in Family Court every custody evaluator, lawyer, judge, and litigant’s opinion seems to be different.  Dad’s rights groups and pro-“friendly parent” organizations such as AFCC may […] The post I […]
  • Families Civil Liberties Union Releases List of New York’s Most Corrupt Judges
    December 28, 2016–New York, NY, U.S.A. The Families Civil Liberties Union (“FCLU”)–a United States organization comprised of thousands of parents, children, grandparents, and family members–has released its 2016 list of “Most Corrupt Judges.”  FCLU is the nation’s leading family court reform organization. FCLU is comprised of families–not family court profes […]
  • “Best Interests of the Child”–Fact or Lyrical Poetry? Family Court Professionals Disclose the Truth
    Let’s swim to the moon, uh huh Let’s climb through the tide Penetrate the evenin’ that the City sleeps to hide Let’s swim out tonight, love It’s our turn to try Parked beside the ocean On our moonlight drive** Confused about what “best interests of the child” means?  Don’t worry, you’re not alone.  So are judges, attorneys, and especially psychologists.  At […]
  • Four Legendary Experts Discuss the Nature, Causes, and Effects of Domestic Violence
    Is conventional wisdom about domestic violence accurate?  What are its causes, and how can it be prevented?  Below we provide edited versions of four remarkable interviews between four legendary experts in the field, Erin Prizzey, Dr. Martin Fiebert, Professor Donald Dutton, and research pioneer Dr. Murray Straus.  These researchers discuss their decades of […]
  • The Verdict on Child Custody Evaluations: Researchers Explain Why They’re Fraud
    California Coalition’s racketeering lawsuit in United States District Court draws aim on several major Domestic Dispute Industry operatives—divorce lawyers, social workers, and judges.  But perhaps the most outrageous and truly heinous crimes we’ve uncovered in our litigation and research are those committed by forensic child custody evaluators.  We’ve elsew […]
  • What THEY Don’t Know Can Hurt You: Judges, Lawyers, and Psychologists Reveal the Chaos Behind Custody Evaluations
    From California Coalition’s litigation library this week we bring you a peek inside the world of custody evaluations.  The audio below reveals how judges, lawyers, and evaluators themselves consider, create, and use evaluations in custody disputes. When is a custody evaluation legal? When is it appropriate? When should it be ordered? What is the policy of [… […]
  • Risks and Benefits of Child Custody Evaluations–A No-Win Equation For Parents Say Custody Experts
    “Best Interests of the Child”– Sounds like a great concept, but probably complicated to figure out.  Good thing we have psychologists on hand to help.  Right? Divorcing parents hear it from their attorney, the judge, their friends and family.  “Get a custody evaluation and go see a therapist.” Good advice.  Right? We thought so when […] The post Risks and Be […]
  • The Heretic of Mainstream Feminism–Linda Mills and the Courage of a Scientist/Saint
    Insult to Injury: A Feminist Critique of Feminist Domestic Violence Law and Policy Linda Mills is one of, if not the, most educated, experienced, and thoughtful feminist legal scholars in America–indeed the world.  In her decades of scholarship, research, counseling, and writing, she has developed an outstanding body of independent and unique feminist perspe […]
  • NINTH CIRCUIT APPEAL UPDATE: United States Court of Appeals Takes May 4 Hearing Date Off Calendar
    California Coalition received notice last week that the United States Court of Appeals for the Ninth Circuit has taken the May 4, 2016 hearing date off calendar, ordering that the case will be submitted on the substantial record developed by California Coalition since the initial filing in August, 2013. “We remain confident that the briefing […] The post NIN […]
  • Federal Court Hearing Set for California Coalition v. San Diego County Bar Association
    February 23, 2016, San Diego, CA — California Coalition today announces that the United States Court of Appeals for the Ninth Circuit has set date for hearing California Coalition’s appeal involving family court reform. The hearing will occur on Wednesday, May 4, 2016 at the Richard H. Chambers United States Court of Appeals Building, in […] The post Federal […]

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Family Court Litigants’ Guide to Filing a Federal RICO Lawsuit Against Family Courts, Attorneys, Psychologists

California Coalition is grateful that the materials we’ve made available at Weightier Matter have been well-received by so many families and children who have been harmed by Family Court professionals.

Links to Downloadable Charts, Videos, Pleadings Here

Among the hundreds of emails and phone calls we receive each month, the most common question is “how can I file a RICO action in my jurisdiction?”  It’s a great question, and we’re eager to help, but unfortunately the answer is complex and depends greatly on factors unique to each jurisdiction.  Therefore, our ability to give firm guidance is usually limited.

However, there are some common suggestions we can pass along to you based on our experience to date.  What can you do to bring a RICO action in your jurisdiction? Here are a few tips.

Get Organized

While any individual can bring a RICO lawsuit, we suggest that potential RICO litigants consider finding other like-minded families within your jurisdiction (i.e., state or county) who can help with the grass-roots work.  RICO and civil rights conspiracy cases are enormously complex, requiring pleading detailed facts to support claims describing the inner-workings of your jurisdiction’s Family Courts, lawyers, psychologists, social workers, and other related professionals.  We have seen many parents attempting to fight alone fail.  Organizing with others has many benefits that help you avoid common pitfalls.

Every jurisdiction has dozens of harmed litigants, yet it is likely that each individual who has been harmed has only seen

Groups Can Generate Spirit–and Evidence of Crime!

one facet of the Family Law Community.  By reaching out to others to form groups, litigants can “share notes” to find common illegal practices, bad actors, veiled relationships, and systemic behaviors that support RICO elements of enterprise, scheme to defraud, quid-pro-quo, and conspiracy.  Litigants’ pooled knowledge can enable collection, analysis, and recordation of the foundation of a viable lawsuit.

[More at WeightierMatter…]

California Coalition Files Reply Analyzing History of Judicial Immunity to Strike it Down

p1 JOINT CONSOLIDATED REPLY BRIEF CoverFebruary 6, 2015—San Diego, CA—California Coalition today announces filing of its Reply and Response Brief in the United States Court of Appeals for the Ninth Circuit.  In its brief, California Coalition responds to the fourteen Answering Briefs of Family Court judges, psychologists, divorce lawyers, social workers, and others within the Domestic Dispute Industry.

California Coalition’s Reply Brief sets forth seven main themes:

1. Establishing fundamental federal rights to familial association which the Family Court judges have attacked;

2. Attacking immunity of family court judges—providing the Court of Appeals for the Ninth Circuit a detailed historic analysis of the immunity doctrine that is required under the recent United States Supreme Court case of Rehberg v. Paulk;

3.  The leading Ninth circuit case granting a broad judicial immunity–Ashelman v. Pope–is abrogated law and should be overturned;

4. Commission on Judicial Performance is not entitled to Eleventh Amendment immunity;

5. Ninth Circuit cases applying ancient “code” and “form” pleading are abrogate, yet still cited improperly, and should be overturned;

6. The California Public Records Act section prohibiting publication of state officials’ home addresses is unconstitutional; and

7. Family Court judges and others filed improper “cross-appeals” that should be dismissed.

Details of California Coalition’s analysis in its Opening Brief is here.

Details on WeightierMatter here.

Time For A Change…

Judicial Council Watcher

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It’s been over two years since the SEC report came out, detailing the overreach and the wastefulness of the AOC/Judicial Council staff.  The report’s authors concluded that the organization “must refocus on providing service to the courts; that a fundamental restructuring of the organization is needed; that the AOC must be down-sized to correspond with its core functions; and that its internal processes need to be improved.”  Our leaders “took ownership” of the report and promised change.  Said Justice Douglas Miller of the Executive and Planning Committee, “We are fully committed to this report and our process, and take full responsibility for preserving its integrity.”  His remarks are documented here.

So did anything happen?

Not much.  Not nearly enough.  We’ve now had a day to read the California State Auditor’s detailed review of how the Judicial Council staff handles the money entrusted to it.  The Alliance thanks Assembly Member…

View original post 1,248 more words

Dan Walters: The Alliance of California Judges was right

Judicial Council Watcher

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Today, the Sacramento Bee’s Dan Walters, dean of the state’s political reporters, released a brief video commentary on the State Auditor’s review of Judicial Council/AOC spending. He lays out in direct language that what the Alliance has been saying for years is correct: The bureaucracy is bloated, its employees are overpaid, and the Judicial Council has failed to do its job. For those of you with problematic browsers, a transcript of his remarks follows.

As the Governor releases his budget and members of the Legislature begin the task of making decisions on how judicial dollars should be spent, our message is clear: Without significant and systemic reform, the AOC will continue to siphon off the dollars we desperately need to keep our local courts running. At a minimum, and until the statutory or constitutional changes necessary for real reform can be enacted, we call on our sister branches of government…

View original post 246 more words

State Auditor confirms failure of Judicial Council management

Judicial Council Watcher

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You will recall that the Alliance of California Judges proposed an audit of the Judicial Council, which was requested by Assembly Member Reggie Jones-Sawyer, and which was unanimously approved by the Joint Legislative Audit Committee in the last legislative session over opposition from the Judicial Council. The State Auditor released her report today, and it is available for your review here. We will let you draw your own conclusions about the report, but we offer these highlights from the Executive Summary of the report:

(1)  The Judicial Council did not adequately oversee the AOC in managing the judicial branch budget, which allowed the AOC to engage in questionable compensation and business practices. The AOC:

  • Provides its staff with generous salaries and benefits—the AOC pays eight of its nine office directors more than the governor and many other high-ranking executive branch officials receive.
  • Employs over 70 contractors and temporary employees…

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California Coalition Opens Crowdfunder Campaign

2014-12-30_13-59-55December 30, 2014–San Diego, CA–California Coalition today announces opening of its Crowdfunder equity offering campaign for investors interested in participating in California Coalition’s groundbreaking reform, parent resource, and professional network.  California Coalition is offering 100,000 shares of AA voting stock at par value of $1.00 per share.  The subscription period is from December 30, 2014 until January 31, 2015

From the Letter to New Investors by Colbern Stuart, California Coalition’s President:

Dear California Coalition for Families and Children, PBC Shareholder:

Thank you for participating in our family law reform enterprise. By purchasing equity in California Coalition for Families and Children, PBC, you have made a critical contribution to what we believe is a history-making achievement in the improvement of outcomes for families and children throughout the United States in the crisis of a domestic dispute. Our litigation, online resources, and professional network is a major advance in the evolution of family law, judicial accountability, and legal ethics. We are honored to have you as a shareholder, colleague, and partner in our journey.

[More…]

California Coalition Challenging Family Court Judicial Immunity in Ninth Circuit Court of Appeals Today

p1 11-1 Openning BriefOctober 23, 2014—San Diego, CA—California Coalition for Families and Children, PBC, today announces filing of its Opening Brief with the Ninth Circuit Court of Appeals in California Coalition for Families and Children v. San Diego County Bar Association, Case No. 14-56140. In the appeal, California Coalition asks the Ninth Circuit Court of Appeals to reverse rulings of the United States District Court for the Southern District of California made in July of this year.

California Coalition is advancing three arguments critical to families in domestic disputes.

1. Limiting Judicial Immunity For All Judges

California Coalition is asking the Court of Appeals to reexamine a critical 1986 case that extended broad judicial immunity to judges accused of wrongdoing in office.  The case, Ashelman v. Pope—under which family court judges today receive absolute immunity for any act done in their “official capacity”—was decided inconsistently with a prior 1978 United States Supreme Court case, Stump v. Sparkman.  California Coalition offers the Court of Appeals a meticulous analysis of the history of judicial immunity from the seminal 1872 case of Bradley v. Fisher, and its Twentieth Century progeny of Pierson v. Ray, Monroe v. Pape, and Pulliam v. Allen, explaining that the Ninth Circuit’s decision in Ashelman betrayed the Supreme Court’s instructions to examine whether a judge was performing a “judicial act” that was immune as of 1871—when the Civil Rights Act was passed into law by Congress.

[More at WeightierMatter.com…]

Federal Court Puts the Cuffs On San Diego County Child Protective Services

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United States District Judge Thomas Whelan Issues “Blistering” Opinion Regarding San Diego CPS Battery of Children

October 3, 2014–San Diego, CA–A United States District Judge this week issued a “blistering” Order against San Diego County Child Protective Services workers, and their employer, the County of San Diego, for CPS’s unwarranted removal of the two children of Joanna and Steven Swartwood from their home for two days.  Excerpts and analysis from the order granting summary judgment in the case by Judge Thomas Whelan:

“Plaintiffs filed this lawsuit after D.S. and R.S. were removed from their home without a warrant and subjected to medical exams, which included a urine test and examination of their genitalia, without notice to Steven or Joanna.”

“Plaintiffs contend Defendants’ conduct in removing the children, continuing to detain the children, and conducting the medical exams violated their Fourth Amendment and Fourteenth Amendment rights and are suing under 42 U.S.C. § 1983 [and state law.]”

[More from WeightierMatter…]

Advice for Parents Considering or Involved in a Custody Dispute: The Chaos of Courts, Lawyers, and Psychologists Exposed

Phoenix program cover thumbnailFrom California Coalition’s litigation library this week we bring you the inside word on custody evaluations from judges, lawyers, and evaluators themselves.  When is a custody evaluation legal? When is it appropriate? When should it be ordered? What is the policy of courts in making these decisions?

Three Los Angeles Family Court practitioners explain their policies and practices at the 2012 10th Symposium on Child Custody Evaluations in Phoenix. The audio is linked below.

If you’ve been told or otherwise believe child custody evaluations are well-studied, regular processes–like an operation or physical therapy–what you’re about to learn will amaze you.

[More at WeightierMatter.com ….]

San Diego Assistant City Attorney Emily Garson’s Prosecutorial Misconduct in People v. Stuart

Garson Enforcer

Emily Garson’s Prosecutorial Misconduct in People v. Stuart Explained

 

California Coalition’s complaint in its racketeering lawsuit against the San Diego County Bar Association and its divorce lawyer subsection details the collaboration between San Diego divorce lawyers and the City Attorney’s office in prosecuting critics.  Below we excerpt sections of the complaint detailing the  prosecutorial misconduct of Assistant City Attorney Emily Garson, under supervision of City Attorney Jan Goldsmith, in their illegal prosecution of Colbern Stuart, President of California Coalition.

The City Attorney spent tens if not hundreds of thousands of dollars prosecuting Stuart, an accomplished civil litigator having worked for major international law firms in federal court trials and appeals for nearly two decades, for a speech misdemeanor: “annoying electronic communications.”  Stuart was charged for “annoying” his ex-wife by attempting to set up phone contact times with his son.

The City Attorney’s prosecution was largely a failure–Stuart was acquitted for most of the charges, convicted only for emails in which he “cursed” in frustration at his ex-wife’s obstructive behavior.

To prosecute Stuart, Garson and Goldsmith extended themselves to commit perjury, prosecutorial misconduct, and racketeering in retaliation for Stuart’s activities in leading California parents against divorce lawyers, psychologists, and judges which Stuart and California Coalition claim are defrauding and harming parents and children.  The lawsuit alleges Garson and Goldsmith pursued Stuart’s bar license, costing him a lucrative career as a federal court litigator.  Stuart’s lawsuit claims over ten million dollars in damages.

Defending the lawsuit alone will cost city taxpayers hundreds of thousands of dollars, and the city’s exposure for a share of the damage to Stuart and California Coalition is staggering.  “How anyone could have imagined a criminal prosecution for cursing in an email benefited anyone is a mystery” says Stuart.   “Garson and Goldsmith destroyed my career, my ex-wife’s career, our son’s future, California Coalition’s momentum that we had achieved since 2008, and countless lost opportunities to help parents and children facing the enormously harmful treachery of divorce lawyers nationwide.  Garson and Goldsmith are not merely foolish, they’re evil” says Stuart.

The case is currently on appeal to the Ninth Circuit Court of Appeals. Hearing expected in late 2014.

[More from WeightierMatter.com…]

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