Morning,
Last time we viewed three supreme court rulings for CPS injuries. Today let's talk a little about parental alienation, another detrimental effect of "family courts, errr i mean kangaroo courts."
Where to begin
Im willing to say that most kangaroo courts* are found lacking jurisdiction. I believe the definition will be more than accomodating to demonstrate why. This where you will start. What is their jurisdiction?
Kangaroo Court:
the name that is given to an unauthorised court that is set up without legal power and authority that takes the law into its own hands.
Now be mindful that like CPS and child support, most cases are passed through hands of local "adminstrative courts" which lack subject matter jurisdiction*.
Subject Matter Jurisdiction:
Subject-matter jurisdiction is the authority of a court to hear cases of a particular type or cases relating to a specific subject matter. For instance, bankruptcy court only has the authority to hear bankruptcy cases. ... Unlike personal or territorial jurisdiction, lack of subject-matter jurisdiction cannot be waived.
Source: wikipedia
"When the state moves to destroy weakened family bonds, it must provide the parents with fundamentally fair procedures."
Sontosky v Kramer
Injuries incurred
The injuries that take place because of parental alienation are twofold, obviously the child and the non-custodial parent. The more therapists work with children the better. Therapy not only helps the child cope with stressors but also cope with chaos in the events that are taking place.
Therapists can release information during production process in a hearing. The idea here is to build the case of parental alienation with facts that state injury to child and that most importantly, the alienation is un-curable. (As if to say, the other parent will continue this behavior regardless). Courts will look and see if the custodial parents actions are justified and also perform a means test.
Custody
To be quite frank parential alienation issues are rampant and a direct by product of kangaroo courts. These issues have little to do with best interest of the child, yet more about money and time. The court will try its best to make a decision based upon whats presented.
In a complaint one should challenge jurisdiction of the kangaroo court, while compelling the court to provide a "means test." This often times (from what ive read), will take the childs circumstances into consideration. It will look at:
- How the non-custodial parent has benefitted themselves.
- Sustainability and quality of life of child with you
- Enviroment (is the other parent running with the "wrong crowd") the court also considers this.
- Income
- Conviction history and those associated that are in direct contact with the child.
Building a positive outcome
There are things one can do to assist a positive outcome.
- Figure out why the other party is not speaking to you. Have a third party try to be in the middle.
- Using Testimony of parents themselves or testimony of someone witnessing issue.
- Having the child interviewed by a court appointed professional - how circumstances make them feel. (Wants, needs)
- Using testimony of pschiatrists and other health professionals.
test as used in Renaud v Renaud
There are other things one can do to help compel the court to influence a positive outcome. Like stating, the denial of due process that occurred in the kangaroo courts (because all parties where in fact biased AND they also lacked subject matter jurisdiction).
The quote above directly reflects every case stemming from family courts. That when a court directly influences a home (seperated or not) it must provide fair treatment to the family. How numerous the injuries are when the court is NOT a court.
I'm going to be honest, proving parental alienation is difficult as the disposition to side with maternal characters are always evident (another conflict of interest). However, it is not impossible to win. One has to buld facts, facts about the child, facts about the other parent, facts about yourself.
Hope you find this helpful, thanks for reading.
