INTRODUCTION
Protecting the Prerogative and Unalienable and Natural Rights to the fundamental liberty interest of our families and children is protected by the State and Federal Constitutions. Day after day, complaint after complaint, in every State in this great country of ours are those liberty interests being curtailed by the States in depriving parents of the Fourteenth Amendment guaranteed protection to fair and equal access to our children by ‘State Action’ (see State Action Doctrine). Promulgated by a compelling States interest (profits) by and through the Federal grant program Social Security Act Title IV program.
ISSUES
Issue One: The State, through and by its agents (judges and attorneys and all civil officers of the U.S. and agencies) can not be a party to its own cause, see Article 3, Section 2, Clause 2. The States have regularly admitting Child Custody and Support Proceedings are a ‘Compelling States Interest’.
Issue Two: Another important issue that does not get recognition is these civil officers and agencies have coerced and tricked ‘we the people’ into an administrative/arbitration proceeding, regardless of the State, under Alternate Dispute Resolutions. That is to say not a lawful judicial proceeding of the Court, but as a judge in their personal capacity to use their discretion and not the law. This deprives one of knowing the nature and cause of the proceedings. This deception is fraud and fraud upon the courts. Such fraud deprives one of the Fifth Amendment Due Process of Law.
Here in lies a major example of why the civil officers allow fraudulent and false claims against one parent or the other, without being under penalty of perjury. This benefits the State and Civil Officers paid by the State, through and by ‘incentives’ (profits) through the Social Security Act-Title IV Program.
Issue Three: When a false claim is made against one parent or the other to deprive a parent of their liberty interest in the love and care and upbringing of their child there is no recourse for such false claim. This brings mental and emotional anguishes (injury) to the parent the claims are made against. After such it can take years for the alienated parent to get fair and equal custody of their child. While the alienated parent losses their child(ren), they are put through financial burdens (child support) to pay the other parent to continue to deprive a parent and child(ren) from one another, all for the false claims made. As a parent there is a duty to care for our children, but that should not come from the promulgations of fraudulent claims, without recourse to those who made such claims.
Proposed Act
- The State must relieve itself from any “Profits” and/ or “Incentives” paid through and by the Social Security Act Title IV Federal Grant Program.
- All Child Custody and Support Proceedings must be a full judicial decision of the courts, being given full Federal and applicable State Constitutional protections, as well as a strict inherence of the law, unless the parties involved have expressly consented and agreed and has been given full disclosure to mediation and/ or the Arbitration process, no such process is legally and lawfully enforceable.
- No child support shall be awarded until a fully judicial adjudication has been had, given full Federal and applicable State Constitutional protection. No expedited process (summary judgment), without a fair legal and lawful judicial hearing, except when the parties expressly consent and agree otherwise.
- If a civil officer of the U.S. is found to have acted contrary to law, their Oath of Office or Code of Conduct, then they must be impeached and/ or sanctioned and/ or prosecuted and never hold a position of public trust henceforth.
- If a claim is made against a parent that deprives them of fair and equal custody of the child(ren), then the claim must be proven by factual evidence, under pains and penalty of perjury.
- After Thirty days if the claim made can not be proven with evidence, then the parent deprived of their child(ren) shall have retroactive custody.
- If a claim of criminal activity was made and no such criminality can be proven or is found false, then the parent making such claim is either civilly or criminally liable or both.
- The Federal Courts must give extensive scrutiny to all State Action Child Custody and Support Proceedings when Constitutional and Federal Law violations are alleged. No Exceptions. Guaranteed by the First Amendment to petition the government for redress of grievances.
CONCLUSION
No child custody and support proceeding is exactly alike. All such proceeding must be given independent review and judgment by the judiciary, unless the parties expressly consent to and agree otherwise. There is no bond more sacred than the bond between a parent and their progeny. The State and Federal Courts are to ensure such bond is jealously protected and repercussions must be attainable/reachable against anyone (even agents of government) who would seek to hinder such a bond.