Due Process & Constitutional Issues in Family Law Cases

  Рет қаралды 4,920

Speaker Law Firm

Speaker Law Firm

Күн бұрын

Пікірлер: 37
@JacquelynNewmandivine
@JacquelynNewmandivine 3 ай бұрын
I am unfortunately a mother experiencing topics discussed in this video. I’m beyond grateful for you posting this on KZbin. Thank-you for sharing this powerful knowledge. You are doing amazing things and helping families for free. Thank-you.
@Glitched-PanAmerica
@Glitched-PanAmerica 4 күн бұрын
I got a notice stating that the courts want the child support to go up 660% from what it was set at (8years ago) and they mentioned that they were going to charge me back arrears on the new amount WTH, I never missed a payment…... I don’t have the ability to pay the new amount and it would instantly put me and my family into financial hardship! I filed the Dear colleague letter of 2023 with my paperwork to hopefully help out a little bit! I live in a different state and the court was on a zoom call ( may case was postponed) the judge had some kind of introduction of what to expect from the court, one of the things she said is “ whatever the child support calculator amount comes to is the amount that’s I go off of , I don’t care if you can’t make rent”… Talk about violating due process and the ability to pay! I have a few arguments to provide and will not be agreeing to this judges order! I go back to court in January!
@user-ms8tn6fo2t
@user-ms8tn6fo2t 4 ай бұрын
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 ай бұрын
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
@BrandyKennedy-qd6ny
@BrandyKennedy-qd6ny 5 ай бұрын
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 ай бұрын
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.
@AidaTornado
@AidaTornado 6 күн бұрын
@@jessicathemom Same here in IL
@jessicathemom
@jessicathemom 6 күн бұрын
@@AidaTornado I’m so sorry! No matter how many times I hear these stories it breaks my heart. An epidemic of evil. See if you can find moms revolution online for some legal support
@Nick-jx6ro
@Nick-jx6ro 3 ай бұрын
What was the caselaw cuted by the first guy? Duroc V. Stalin? I feel im wrong and would like correction if so.
@kimandrews9799
@kimandrews9799 16 сағат бұрын
I think social worker when they knock on your door it should be a law for all cps employees to wear a body cam
@Twitchisatrick
@Twitchisatrick 2 ай бұрын
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.
@jonsingle1614
@jonsingle1614 4 ай бұрын
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 ай бұрын
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.
@asianzthangful
@asianzthangful 5 ай бұрын
My family needs help, we started suffering 1,248 hrs since our 7 weeks daughter was illegally separated from her parents
@FernandoGomez-ne8bh
@FernandoGomez-ne8bh 3 ай бұрын
I got 30 days here in California
@jenniferwyatt8945
@jenniferwyatt8945 4 ай бұрын
How can a person do this pro se
@Stephanie-z1x8w
@Stephanie-z1x8w 4 ай бұрын
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?
@AidaTornado
@AidaTornado 6 күн бұрын
Same. I appealed .. took two years, but I prevailed! But instead of returning the kids, they pulled a stay of status quo for a new motion to modify .. so they still have the kids. and continue and continue. still riding on a temporary stay waiting for a hearing we will never have. And especially, now, giving no relief for a 2+ year court error deemed by the appellate court. They just keep replaying the cycle. its an act
@danemuma9323
@danemuma9323 Ай бұрын
What about 11 months for an adjudicated position
@luvdr350
@luvdr350 4 ай бұрын
Please God I pray that you investigate new castle Pennsylvania and Lawrence county. The devil is in that courthouse.
@laseanlyles4580
@laseanlyles4580 2 ай бұрын
Well Texas violated a lot of my rights
@FernandoGomez-ne8bh
@FernandoGomez-ne8bh 3 ай бұрын
Ashish is the best
@FernandoGomez-ne8bh
@FernandoGomez-ne8bh 3 ай бұрын
Can you guys help with an appeal in Family Court cases in California?
@TeganBurns
@TeganBurns 15 күн бұрын
Use Callidus AI to help you understand the law. Good luck
@JaniceDeaton
@JaniceDeaton 4 ай бұрын
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 ?
@laseanlyles4580
@laseanlyles4580 2 ай бұрын
They violated my rights
@bigjon420
@bigjon420 5 ай бұрын
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 ай бұрын
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 ай бұрын
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 ай бұрын
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
@Glitched-PanAmerica
@Glitched-PanAmerica 4 күн бұрын
I got a notice stating that the courts want the child support to go up 660% from what it was set at (8years ago) and they mentioned that they were going to charge me back arrears on the new amount WTH, I never missed a payment…... I don’t have the ability to pay the new amount and it would instantly put me and my family into financial hardship! I filed the Dear colleague letter of 2023 with my paperwork to hopefully help out a little bit! I live in a different state and the court was on a zoom call ( may case was postponed) the judge had some kind of introduction of what to expect from the court, one of the things she said is “ whatever the child support calculator amount comes to is the amount that’s I go off of , I don’t care if you can’t make rent”… Talk about violating due process and the ability to pay! I have a few arguments to provide and will not be agreeing to this judges order! I go back to court in January!
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