[AKidsRight.Org] Jury - 'sine qua non'/ Nevada, New York, Virginia, Pennsylvania & New Hampshire Events

webmaster@AKidsRight.Org

Good People & People of Faith:

This message contains info on:
1. Criminal Jury - 'sine qua non' of Family Law Reform
2. Nevadans For Equal Parenting - Senate hearing March 15th on SB109
3. Buffalo, Apr 21 - Hearing by NY State Matrimonial Commission
4. Virginia - Petition for Jury Trials in custody cases.
5. Pennsylvania - March 15, BIG rally at Capital for EQUAL rights.
6. New Hampshire - March 17, Public Hearing on Shared Parenting.

1. Criminal Jury - 'sine qua non' of Family Law Reform
------------------------------------------------------
Sorry for the Latin there. What does it mean, literally: 'without
which - not.'  You want EQUAL parenting?  You want to keep Child
Protective Services from taking your kids on a hunch -- and
'temporary' orders that last for years?

We can talk about equal parenting, or better 'procedures' for social
workers, and laws that say 'clear and convincing' evidence is required
before a Judge intervenes in your family life -- but are they the
essential elements in real reform?   Maybe not.

How about this simple concept: If a former spouse, or social worker
wants to interfere in your relationship with your children and get
'Family Court' to intervene -- there is just ONE hurdle they have to
overcome.  They have to get a criminal prosecutor to indict you for a
serious crime (with malintent being a 'demonstrated' serious threat to
the safety of your kids).  You get the protection of a Jury of twelve
and they need a unanimous verdict against you. How does that sound?
Oh, and if the Jury finds you guilty -- you are going to jail for a
while (of course).

Now, you don't have to go through all this.  You are free to
negotiate, mediate, and arbitrate first with the other party (whether
that be a former spouse or Child protective services).  But both
sides know what the standard of proof is, and that twelve people are
going to hear the facts.

Good parents, average parents, and POOR parents -- all EQUAL parents.

A Jury - do you want that much protection?
------------------------------------------
Shouldn't there be more factors. Custody is so complicated -- what
about all the subtle forms of mental abuse?  My spouse doesn't care
about the kids -- they just want to use the kids to control me.  The
kids don't want to be with my spouse -- they want to be with me! We
'know' the parents are abusing the kids, but we can't prove -- we need
to get the kids out of house! I want to move away to get a better job
and make more money for my children -- what do you mean I can't take
the kids with me unless my spouse is a criminal?  Don't they have a
right to something better?

What about all that?

A Jury - should 9 out of 10 murderers go free!?
-----------------------------------------------
Maybe we should feel uncomfortable about our present jury system?
How could O.J. Simpson go free after committing murder?  Probably
many of you had heard of this old civic lesson, "better to let nine
guilty people go free, than convict one innocent?"  Does that make
sense -- we 'know' they did it. Why would you let a murderer or child
abuser go free to commit more crime?

I once has a 'junior' Senate Staffer for Sen. Clinton tell me that it
was better to separate 9 kids from parents, than let one live in an
abusive environment?  Do we understand that when you separate a kid
from parents -- that is awful abuse also?  To save ONE you abuse NINE?

What about all that?

What does all this flow from.  What is the underlying assumption?
Your right to Family is a GREAT right -- the ability to raise and
nurture and be present to your own children (and they to you). Just
as valued as our Freedom.

I have had the chance to spend a lot of time in jail holding cells,
waiting to be arraigned.  You know what, about 90% of those people
were exactly GUILTY of what the police arrested them for.  Why go
through all the expense of procedures, protections, and also run the
risk of letting these people go?  Just convict the whole bunch!  To be
more specific, what if 90% of Black men under 25 are guilty of the
crime they were charged with -- just convict them all?

We do not do that, because FREEDOM is a GREAT right.  Hopefully our
society is now recognizing FAMILY is a GREAT right.  Please, let's not
resort to scientific studies or the laws of averages for policy
justification.  I don't care if 90% of bald-bearded-men over 45 (like me)
are BAD parents -- I walk into Court an EQUAL parent to my child.

What about that?

A Jury - protector of our freedom.
---------------------------------
Maybe we need something better?  Family law is so complicated.  It
is so hard to get enough evidence to get a jury conviction.  There
are so many personal factors involved.  We need to build a lot of
flexibility  into the law, get some impartial experts involved to
do evaluations, and of course make a recommendation based on the
'best interest of the child'.  Does that sound good?  It pretty much
describes the system we have right now.

Your FEEDBACK is welcome.

2. Nevada  For Equal Parenting - Senate hearing March 15th on SB109
------------------------
Submitted by:  jhlane@sbcglobal.net

http://www.homestead.com/nevadanforequalparenting

A bill to change the law in Nevada to provide for a presumption of
joint physical custody has been introduced. SB109 was first heard in
Senate Judiciary Room 2149 on Mar 09, 2005 at 9:30AM.  The Hearing was
conferenced to the Las Vegas Grant Sawyer Bldg. and ran over the time
limit.

A second hearing is planned for Tuesday, March 15th, at 9am, also in
Rm. 2149.

3. Buffalo, Apr 21 - Hearing by NY State Commission on Reform
-------------------------------------------------------------
Submitted by: dan the man <romad63@yahoo.com>

> I will certainly keep you apprised of the events in White Plains -
> right now between 3 groups we are estimating a showing of about
> 100-150 people on behalf of father's. Trust me they will take notice
> of it.  When they held the hearing in Albany and we had about 40
> there you could just see the fear in their eyes, not just the panel
> but the legislators that were there. It has led to a significant
> increase in dialogue between members of the NY legislature and our
> group. the WP hearing should shake them up even more. Buffalo's
> hearing is April 21 from 9-5.

> Judge Kaye has so far refused to allow a representative on the panel
> for NCP's and we have her refusal in writing.

> below is the links for the application to testify and for info. As
> of now 5-10 of us will be coming from the Albany area and I know of
> another group making plans to come from NYC. I strongly urge you to
> get as many people there as possible, our turnout is having a
> noticeable effect on the commission. I have been contacted for
> additional testimony (written) as well as by other professionals
> (lawyers, head of LG's, psychologists).

> http://www.courts.state.ny.us/ip/matrimonial-commission/RegForm.pdf
> http://www.courts.state.ny.us/ip/matrimonial-commission/FinalNotice.pdf

> listing of speakers in WP - all but one of the former litigants were
> members of my group

> http://www.courts.state.ny.us/ip/matrimonial-commission/listofspeakers.pdf

4. Virginia - Petition for Jury Trials in custody cases.
-------------------------------------------------------
Submitted by: Ron Jagannathan <ron.jagannathan@gmail.com>

> I think you will like this very much. A group of us here ( About 20
> soon to be 50 people are drawing up plans for initiating Jury trials
> in custody cases in Virginia. We are going to petition the State for
> Jury trials in child custody cases which is already guaranteed by
> our constitution.

> Attached is a document that is our initial petition. James Manship
> is heading the effort along with me.

> I have info that a group in Michigan is working along the same
> lines.  Do you have any one else who might be interested in the
> same. We would be happy to coordinate a nationwide efforts for Jury
> trials in Child Custody and Divorce.

> This is already happening in Texas where either party can ask for a
> jury for child custody or divorce. This is what lead to shared
> parenting legislation in Texas. We have a letter from the attorney
> general in Texas who has said how much good shared parenting has
> done to the state.

[
Here is a local link to a PDF copy of their petition:
http://www.AKidsRight.Org/misc-content/VaJuryRightInChanceryPetition-1.pdf
]

5. Pennsylvania - March 15, BIG rally at Capital for EQUAL rights.
---------------------------------------------------------
Submitted by:  "Tony Taylor" <cptttaylor@gmail.com>

> Media-We have confirmations that the media will be present for the
> rally, but the important question is will YOU be present for the
> rally?  Your absence or presence at this rally is a loudest
> statement the politicians will hear. The unwillingness of dads to
> stand up for their rights is the reason they have allowed our rights
> to be stolen.

> Opposition-Ironically the Domestic "Violence" lobbies will also be
> in the capital on March 15 to lobby for a bill to extend
> PFA/"temporary" restraining orders to 3 Years! They'll be there,
> will YOU be their? No right to counsel, no jury, no trial, no
> evidence, just be instantly stripped of all your God given and
> constitutional rights to see your children for 3 years! Do you have
> a problem with that? SPEAK UP about it or SHUT UP and PUT UP with
> it.

> Who - Equal Custody/ Equal Rights Advocates
> What - A rally at the capitol of Pennsylvania
> When - March 15, 2005 noon, Tuesday-Ides of March
> Where - On the steps of the state capitol building
> Why - To support joint custody legislation

> Speakers- Representatives: Tom Stevenson, Curt Schroder and Mark
> McNaughton

> Question-Where will you be while we are standing in the rain
> fighting for YOUR rights to your children/grandchildren?

> Video-If you want a statement recorded on digital audio/visual call
> Tony 412-829-2278

> Coordinator-"General" Patton 412-403-1406  curtispatton@hotmail.com

> Appointments-Contact your individual legislator and schedule an
> appointment to meet with him at his capitol office on March 15 to
> discuss why you believe in equal rights and a joint custody bill.  If
> you do not know who your legislator is, please reply to this message
> with your complete address, including zip code, and we will find their
> contact information for you.

> Tony Taylor
> 726 Negley Avenue,
> Turtle Creek, PA, USA 15145-1233
>
> 1-412-829-2278

6. New Hampshire - March 17 Public Hearing on Shared Parenting.  
----------------------------------------------------------------
Submitted by: Ron Jagannathan <ron.jagannathan@gmail.com>

> Thursday, March 17th, in Concord New Hampshire, there will be a
> public hearing for HB529, a shared-parenting bill. If this bill
> becomes law in NH, it will improve our ability to achieve similar
> goals in Virginia and in other states.

> NH State Representative David Bickford and Parent rights activist
> Marc Snider have been spear-heading legislative efforts to enact
> this bill. It will create a "presumption of shared and equal
> parenting."  The word "custody" will be eradicated and replaced by
> "parental rights and responsibilities".  The presumed starting
> point, assuming that both parents are "fit" is 50/50.  The parties,
> based on their circumstances may agree to something other than 50/50
> but, when left to a judge to decide, he or she would need to
> substantiate any decision other than equally shared time and
> responsibilities.

> Elimination of the adversarial, winner-loser custody system, will
> foster more cooperation, better mediation, and will reduce the
> frequency of false allegations and lies in pursuit of the big
> financial prize that accompanies a custody award.

> Please support this bill by sending a email to NH Legislators
> supporting HB529.

-- 
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