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Great-Granddaddy of Fathers' Rights Nat Denman never failed to be proud that he was a descendant of Thomas, Lord Denman, Chief Justice of England (b.1779 d.1854). Some quotations which made Lord Denman memorable: "A delusion, a mockery, and a snare." Connell v. The Queen, 11 Clark and Finnelly Reports. "The mere repetition of the Cantilena of lawyers cannot make it law, unless it can be traced to some competent authority; and if it be irreconcilable, to some clear legal principle." Ibid. Bartlett's Familiar Quotations (1901) |
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Below is a copy of some raw material which Bob Hirschfeld, who worked for Nat Denman years ago, stumbled on recently in his files. The cases were gathered years ago in this list by Nat Denman (now deceased), the great granddaddy of fathers rights across the States, and have not been checked for "obsolescence" . . . for whether any courts' minds have changed on the subject. Many cites, particularly those to the U.S. Supreme Court, are likely still fine. Please also note that many references are to the unofficial reporters (private company which adds headnotes with a "key" system) rather than to the official reporters (entity which has contract with government to print the opinions in the form in which they are issued by court). Because time is of the essence for many of you with pending cases, I have listed them in an "as is" condition. Note also that the citations are not necessarily in the correct format. Although as a pro se partry you don't need to use the so-called correct format because much is forgiven, you should use it if you know it: it makes you appear more knowledgeable -- image, appearances. . . . A book which should be in all law libraries is A Uniform System of Citation, published and distributed by The Harvard Law Review Association, Gannett House, Cambridge, MA 02138, USA. |
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September 1983 issue of SINGLE DAD'S LIFESTYLE Magazine. |
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EDITOR'S NOTE: The cases cited below usually involve many more issues than the one for which they are herein cited. The interpretation preceding the citation is that of Denman or other editor, and not necessarily an interpretation agreed upon by others. FOR YOUR PROTECTION, YOU MUST LOOK UP AND READ a cited case before you cite it in your own pleadings, to make sure that it is "on point" with what you are trying to do. Otherwise, you run the risk that the other side will look up and read your cited case and find something in it distinguishable from your case, or even usable against you. It is usually preferable to quote in legal pleadings the particular pertinent wording from reading the case itself, followed by the volume/reporter designation/page/year citation, rather than to quote the general, and unofficial, summary by which the cases are stated below. Most of the cited decisions can be found in your local (and publicly available) county, state, city or college law library. If you haven't already done so in preparing your own legal pleadings, it is essential that you spend some time in one of these law libraries learning how to look up and find the cited cases. There are often helpful other users of the library, or you can ask at the desk for a reference on how to use a law library. Parental rights may not be
terminated
without
"clear and convincing evidence." A child has an equal right to be raised by the father, and
must
be awarded
to the father if he is the better parent, or mother is not interested. If custodial mother has boyfriend living with her, state
can
change
custody to father. Visitation (parenting time) is a constitutionally
protected
right which
can be protected in federal court, even if father is in prison. Custody can be awarded to father of girls of "tender
years" if
mother
commits perjury, and is otherwise immoral. Arguments that Joint Custody constitutes a "fundamental
right." Mother cannot take child out of state if that prevents
"meaningful"
relationship between father and child. Ex Parte conferences, hearings or Orders denying parental
rights
or
personal liberties are unconstitutional, cannot be enforced, can be set
aside in federal court, and can be the basis of suits for money
damages. ~ NOTE ~
Judges' refusal to consider evidence and psychologist
reports
denies
due process right to "meaningful hearing." Laws and Court procedures that are "fair on their faces"
but
administered
"with an evil eye and a heavy hand" (discriminatorily) are
unconstitutional. Federal Courts can rule on federal claims (constitutional
questions)
involved in state divorce cases and award money damages for federal
torts
or in diversity of citizenship cases involving intentional infliction
of
emotional distress by denial of parental rights, "visitation", as long
as the Federal Court is not asked to modify custodial status. Right to jury trial in Contempt: Contempt of Court is quasi-criminal, merits all
constitutional
protections: Excessive fine on Contempt Payment of support tied to visitation: Child Support: Although court may acquire subject matter jurisdiction
over
children
to modify custody through UCCJA, it must show independent personal
jurisdiction
(significant contacts) over out-of-state father before it can order him
to pay child support. Attorney's Fees: Attorney's fees only if court-appointed in contempt for
non-payment
of child support. Custody can be changed if visitation is denied. Habeas Corpus: Unlawfully retaining noncustodial parent cannot argue
change of
custody
at Habeas Corpus hearing. Process service in family matters must provide due process
protection. Stay of execution by Court of Appeal protects its
jurisdiction,
not
to protect Appellant's rights. Justice delayed is justice denied. Attorney can be sued for malpractice under consumer
protection
laws. Money damages in federal civil rights suits need not
exceed
$10,000 But claim under $10,000 is cause of dismissal of diversity
of
citizenship
action in federal court. Spouses can sue each other while still married for torts,
intentional
and unintentional. ~ NOTE ~ Judge's dismissal for no cause is reversible. Non-lawyers can assist or represent litigants in court. Members of group who are competent nonlawyers can assist
other
members
of group achieve the goals of the group in court without being charged
with "unauthorized practice of law" Pro Se (Without a Lawyer, representing self) pleadings are
to be
considered
without technicality; pro se litigants pleadings are not to be held to
the same high standards of perfection as lawyers. Federal judges can set aside or overturn state courts to
preserve constitutional
rights. Right to electronically record one's own conversations
without
"beep
note" when life, liberty or property is threatened, or to preserve
sanctity
of home. A conspirator is responsible for the acts of other
conspirators
who
have left the conspiracy before he joined it, or joined after he left
it;
statutes of limitations tolled for previous acts when each new act is
done. State statute of limitations is tolled (does not run) in
SOME
STATES
while same action is pending in federal court; action can be brought in
State Court after federal court dismisses for lack of subject matter
jurisdiction. Either parent can sue for interference with parental
rights. Children must be returned to home state before child
support
payments
are continued. Custody can be changed if wife is "disrespectful" of
"visitation" order. Wife held in contempt for denial of visitation; new judge
should
not
suspend contempt order. Wife can be held in contempt if visitation is denied Alimony and wive's lawyers fees are civil debts, not
enforcible
by contempt
procedures, since the Constitution did away with debtor's prison. |
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