Friday, December 16, 2011

Rights as a parent, as a mother...

Loss of First Amendment Freedoms, for even minimal periods of time, unquestionably constitutes irreparable injury. Though First Amendment rights are not absolute, they may be curtailed only by interests of vital importance, the burden of proving which rests on their government. Elrod v. Burns, 96 S Ct 2673; 427 US 347, (1976).

A parent's right to the custody of his or her children is an element of "liberty" guaranteed by the 5th Amendment and the 14th Amendment of the United States Constitution. Matter of Gentry, 369 NW 2d 889, MI App Div (1983).

A parent's right to care and companionship of his or her children are so fundamental, as to be guaranteed protection under the First, Ninth, and Fourteenth Amendments of the United States Constitution. In re: J.S. and C., 324 A 2d 90; supra 129 NJ Super, at 489

The rights of parents to the care, custody and nurture of their children is of such character that it cannot be denied without violating those fundamental principles of liberty and justice which lie at the base of all our civil and political institutions, and such right is a fundamental right protected by this amendment (First) and Amendments 5, 9, and 14. Doe v. Irwin, 441 F Supp 1247; U.S. D.C. of Michigan, (1985).

Parents have a fundamental constitutionally protected interest in continuity of legal bond with their children. Matter of Delaney, 617 P 2d 886, Oklahoma (1980).

The liberty interest of the family encompasses an interest in retaining custody of one's children and, thus, a state may not interfere with a parent's custodial rights absent due process protections. Langton v. Maloney, 527 F Supp 538, D.C. Conn. (1981).


Parent's right to custody of child is a right encompassed within protection of this amendment which may not be interfered with under guise of protecting public interest by legislative action which is arbitrary or without reasonable relation to some purpose within competency of state to effect. Reynold v. Baby Fold, Inc., 369 NE 2d 858; 68 Ill 2d 419, appeal dismissed 98 S Ct 1598, 435 US 963, IL, (1977).

Parent's interest in custody of her children is a liberty interest which has received considerable constitutional protection; a parent who is deprived of custody of his or her child, even though temporarily, suffers thereby grievous loss and such loss deserves extensive due process protection. In the Interest of Cooper, 621 P 2d 437; 5 Kansas App Div 2d 584, (1980).

The Due Process Clause of the Fourteenth Amendment requires that severance in the parent-child relationship caused by the state occur only with rigorous protections for individual liberty interests at stake. Bell v.City of Milwaukee, 746 F 2d 1205; US Ct App 7th Cir WI, (1984).

The United States Supreme Court noted that a parent's right to "the companionship, care, custody and management of his or her children" is an interest "far more precious" than any property right. May v. Anderson, 345 US 528, 533; 73 S Ct 840,843,(1952).
The Court stressed, "the parent-child relationship is an important interest that undeniably
Warrants deference and, absent a powerful countervailing interest, protection." A parent's interest in the companionship, care, custody and management of his or her children rises to a constitutionally secured right, given the centrality of family life as the focus for personal meaning and responsibility. Stanley v. Illinois, 405 US 645, 651; 92 S Ct 1208,(1972).

The U.S. Court of Appeals for the 9th Circuit (California) held that the parent-child relationship is a constitutionally protected liberty interest. (See; Declaration of Independence --life, liberty and the pursuit of happiness and the 14th Amendment of the United States Constitution -- No state can deprive any person of life, liberty or property without due process of law nor deny any person the equal protection of the laws.) Kelson v. Springfield, 767 F 2d 651; US Ct App 9th Cir, (1985).

No bond is more precious and none should be more zealously protected by the law as the bond between parent and child." Carson v. Elrod, 411 F Supp 645, 649; DC E.D. VA (1976).

Judges must maintain a high standard of judicial performance with particular emphasis upon Conducting litigation with scrupulous fairness and impartiality. 28 USCA § 2411;Pfizer v. Lord, 456 F 2d 532; cert denied 92 S Ct 2411; US Ct App MN, (1972).
State Judges, as well as federal, have the responsibility to respect and protect persons from violations of federal constitutional rights. Gross v.State of Illinois, 312 F 2d 257; (1963).

The Constitution also protects "the individual interest in avoiding disclosure of personal matters." Federal Courts (and State Courts), under Griswold can protect, under the "life, liberty and pursuit of happiness" phrase of the Declaration of Independence, the right of a man to enjoy the mutual care, company, love and affection of his children, and this cannot be taken away from him without due process of law. There is a family right to privacy which the state cannot invade or it becomes actionable for civil rights damages. Griswold v. Connecticut, 381 US 479, (1965).
http://fathersunite.org/Case%20Law/Parental%20Rights%20Summary%20Judgement%20Case%20Law.htm
My rights under the US constitution are being clearly violated by this asshole judge....

Im not scared of Judge Rigali, hes punished me...he doesnt scare me anymore. I will be there to protest and i will stand up to him. I refuse to sit back and let him tear apart my children and my family.

on another note, the case before mine on the 14th, was involving two sibling boys one who has some disabilitys the other is normal.... The judge even clearly stated on RECORD he will not seperate two siblings...BUT LOOK AT WHAT HES DOING TO MY CHILDREN!

california judicial code of ethics:
http://www.courts.ca.gov/documents/ca_code_judicial_ethics.pdf

1 comment:

  1. Many women and girls around the country and around the world are fighting the same battle as you/we are to save their children from other people taking them away from their mommies. Whoever the person, whatever the reason, if there is no imminent danger that is proven beyond a doubt, NO ONE SHOULD HAVE THE RIGHT TO TAKE CHILDREN FROM THEIR MOTHERS. I have posted your link to my Wordpress blog and will be trying to gather as many cases from every county and every state as possible in order to build a database of events that we can use to help each other. PLEASE FEEL FREE TO FORWARD THIS MESSAGE AND THIS LINK TO ANYONE AND EVERYONE WHO IS DEALING WITH CPS, FAMILY COURT, ABUSERS, MEN WHO HAVE TAKEN OR ARE TRYING TO TAKE YOUR CHILDREN, PLEASE, please, help me put a stop to this everywhere so every child can be with it's REAL FAMILY EVERY CHRISTMAS and forever... GIVE US BACK OUR RIGHTS, GIVE US BACK OUR CHILDREN!!! love to all... http://irevolutiontree.wordpress.com/log-your-city-county-state-names-of-corrupt-officers-of-the-court-your-story-here/

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