Are we guilty of ignoring fathers’ rights?
Thursday, November 30, 2006
By Mike LaSalle - Share this on Reddit
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This entry was posted on Thursday, November 30th, 2006 at 9:02 am and is filed under Sex & Metropolis. You can follow any responses to this entry through the RSS 2.0 feed. | 2 views | Trackback | Print this page |
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I’ve offered the jurisdiction argument on several blogs over the years, and it is interesting that I can’t get a single lawyer to debate the claim. The research isn’t that hard to do. Review the history of your state statutes and tell me where the common law regarding guardianship and alimony was replaced by administrative law regarding the placement of state wards. Likewise, tell me when your state’s program for supporting dependent children became applicable to all children, regardless of any state interest in such interference in otherwise private family matters. Like the courts, the argument is not debated, it is avoided.
mruffolo said:
“… the pendulum of Family Law has swung way over to the other side.”
The body of law loosely refered to as “family law” is administrative in character because it deals only with the administration of government programs (placement of state wards, recovery or avoidance of public assistance).
Common law regarding natural guardianship rights, alimony, and support of minor children have not been replaced by laws regulating government interference, but have been ignored in favor of the improper use of administrative law without the knowledge of affected fathers. The proper reaction to a petition for mother custody where it has not been shown or even complained that the father is unfit to retain his rightful status as a child guardian is to challenge the petition as failing to state a claim in the administrative court (family court) that is asked to take action on it, not to counter-petition a court that otherwise lacks jurisdiction without the consent of both parties.
The problem in dealing with the percieved pendulum of family law is failing to recognize the distinction between civil and administrative procedure, and failing to demand these quasi-judicial courts take notice of facts justifying government interference and the instant guardianship status of the parties named in the petition.
The billions funneled through government programs are effectively keeping a lid on lawyers that dare to challenge the status quo. Apparently, there are none that question the logic of the bar association.
Read the comments to this article at:
http://www.telegraph.co.uk/news/main.jhtml;jsessionid=SXFOTFYO2RZGZQFIQMGCFF4AVCBQUIV0?view=BLOGDETAIL&grid=P30&blog=yourview&xml=/news/2006/11/29/ublview29.xml&posted=true&_requestid=166860
There may be 100 posts or so from different divorced dads sharing what they experienced in divorce.
One women’s story was most interesting, a former supporter of women’s rights whose son went through a divorce.
“I read with interest the column and stories of fathers. The problem, it seems, is worldwide, at least in the West. Here in Canada some fathers are driven to the wall financially and emotionally. Some of them commit suicide. It used to be that mothers that were left by their husbands were extremely bad off, however the pendulum of Family Law has swung way over to the other side. I always advocated for the rights of mothers, but now the time has come (is overdue)to fight for the rights of exhusbands and fathers. By the way I am the mother of a son who is almost at the end of his rope, and feels victimized to the point that even his career is being destroyed.”
Real people, really tired of feminist family court.
It is important to note that the fundamental right that is being violated is the natural right to guardianship. This right to be left alone in your domestic relations is protected by a higher standard of review than determinations placing wards of the state. These two seperate bodies of law are confused and most people believe common law protecting the status of guardians by right were superceded by laws regulating the placement of state wards. At what point do children become wards of the state? This question isn’t as hard to answer as you may think. What’s hard is getting a lawyer to take off his blinders.
In two words:
Hell yes.
Are we guilty of ignoring fathers’ rights?
Geeeee…..ya think?