I would advise everyone to get a copy of a book that contains information about social services law. I have had a lot of encounter with the CPS while helping family members and friends. Having a lawyer is very great, but until every parent 'knows' the law they are subject to, children will keep on been stolen in disguise of law. I live in N.Y and So I have The Law and Family Court N.Y. Pamphlet, which contains the Family Court Act, Domestic Relations law, Social Services Law, Civil Practice law and rules, Uniform Rules for Family court and many others all put into one book. I have engaged on many occasions in helping many parents build up their cases and defense .
Social services law especially is filled with the rules and regulations social workers must follow. It’s all there and easy to find. Going through it, you would be amazed at the restrictions they have and how blatantly they are in violation all over. You gather proof of this, in some way, request a STATE ADMINISTRATIVE HEARING-and BOOM, those social workers are fired. Not only fired but their licenses to work with children revoked FOREVER. Removing a child that was not in need of removal is a SERIOUS VIOLATION and a guaranteed termination and revocation of license. I have seen this done a couple of time, all you need do is approach the issue as soundly as possible.
Get yourself a copy of Black’s Law Dictionary. This is one of the most overall educational books on the law. It is basically filled with definitions and legal terms, and definitions on what the law is, with the supreme court case citations to back them up. The reason Supreme Court citations are important is because the Supreme Court is a court of General Jurisdiction over all subject matter in any case. The Supreme Court makes a ruling and decides how the law is interpreted. That decision is forever set in stone in the future. If our government passes a bill that is unconstitutional and that issue is raised to a Supreme Court, they will still rule it has no legal effect as it violates the constitution.
Another thing to understand is JURISDICTION. Look it up. It’s not what you think it means. It’s not county to county, state to state. Jurisdiction is the courts power over you. A lot of people have no idea that Family Court is a civil court, a court of equity, and is based on common law. A lot of people think this common law stuff is a joke. Common law is 'the law'. If there was no common law, you could just kill anyone. Common law, put very simply, IS OUR SYSTEM OF LAW and is simply based on the fact that it can be changed-such as the Supreme Court making decisions to determine the law in the future.
A lot of people have no idea what Jurisdiction the Family Court is using with them and it’s not a common law Jurisdiction. When you go for an arraignment and the Judge asks you, “do you understand the charges against you?”-what that really means is “Do you stand under the accusations against you(do you stand under the courts jurisdiction)”. This is a term known as “legalese”, where our courts have taken words(words are very important) and played with them to mean something else. “Understand” does not mean to “comprehend”, but to “stand under”. This is what you call “Challenging Jurisdiction”.
The Supreme Court has ruled time and time again that Jurisdiction can be challenged at any time and once challenged, must be proven. Basically, you don’t enter a plea, you don’t understand the charges, instead-before you can enter a plea-you have some questions. Then you ask the Judge if he took an oath of office to defend the constitution. Ask what kind of court this is? Then ask him for his delegation of authority to have subject matter jurisdiction over the case. If he tries to enter a plea for you-you object. Tell that lawyer/public defender to shut their mouth and let you talk. If the Judge simply tells you that it’s a “civil” jurisdiction, you “motion to dismiss” for lack of an injured party and lack of cause of action-and would like to collect relief from having to defend the frivilous case(yes you can ask the court for money(remedy) for having to come to court for no reason. There cannot be recourse without remedy.
What you have to understand, is that you are agreeing to all of this under threats, duress, and coercion. Your lawyer is telling you to enter a plea or you might not see your kids for 6 months(that’s duress). If you are told to “cooperate or else” when you didn’t abuse your kids or harm them in any way(yes that is the law)-otherwise-where is the "corpus delecti”? Was there any proof you harmed your child in any way? Motion to dismiss. Do not even enter a plea. See, a lot of people are thinking, “this isn’t going to work” and “they will railroad you”, yes they probably will!. They will probably step all over your rights and enter a plea for you-and set it for trial-but guess what? The Judge has no judicial discretion. If that goes to an appeal, an appeals court is gonna rule it a void Judgement immediately-just based on that. Furthermore, you can seek remedy and file a lawsuit. These are called “TORTS”.
Don’t ever let them make lies about you and let it pass without a rebuttal. If they lie in court and in documents, you have to put on record your objection to it, every single time. “Objection, as my own witness, the statements she is making are false.”
“Objection, once again, so and so refuses to be completely honest with the court in his/her testimony. The accusations they are making against me are untrue, I would ask-for the record-if so and so has any TANGIBLE PROOF beyond hearsay statements that prove in any way I have harmed my child in any way or present an “imminent risk” to my child. Get that lawyer out of your way, if he is acting in a manner injurious to your case. They will ruin the case on purpose so you wont win. Get it? They’re in on the corruption, so is the Judge, all of them are. Make sure you get a chance to speak and OBJECT to any false allegations made against you AS THEY ARE MADE.
When it comes to calling witnesses, there is an art to cross examination. If anyone spent some time on the debate team or just naturally good at arguing points might be a natural at this. A serious of leading questions related to the subject matter in some way. Don’t start with direct questions. Start with leading questions and leave no stone unturned-leave them no way out, and then go for the kill, start asking direction questions. It will get to the point where they start to plead the 5th, basically saying “I can’t answer that question.”-GOOD! They look horrible. One really good, common tactic, is to set them up and catch them in a lie on the spot. You can ask them a series of questions, you know they will lie about, only to pull out secret evidence they didn’t know you had-such a transcribed recording of a conversation you and her had. Then you ask the Judge to impeach the witness for lack of credibility. This is all done with strategy.
Let me tell you, even as pro se-if you know the law, and have prepared, they cannot stop you. The truth and nothing but the truth, so help you God, is a very powerful thing. They have to devise a careful system of screwing you out of your rights and make it go off without a hitch. When you put a hitch in it, it really messes their plans up big time. Even if the Judge is corrupt, they know damn well they can’t rule on it and how it would look in an appeals court. Learn the law, be the hero of your story, stop taking the abuse, stop agreeing to it, stop letting them hurt your kids, stand, and fight for your kids. If you get a court appointed lawyer or any lawyer at all who is not visibly in support of your case, don't act quietly stupid waiting on them, they can kill you and your child.
Or you can agree to it all and do the service plan but you can’t place your trust in them. These people are pros at working the system and taking peoples children and selling them, and have a system of connections that will do anything they ask. They have doctors they can take you to that will label you a monster, just by their word. A judge that will baby them and protect them at all costs. A bunch of public defenders, WORKING FOR THE COURT, that will see to it that your rights are terminated and your children ADOPTED OUT, without too much problem. This is all illegal what they are doing. There are ways to fight back and not just in Family Court either.
It's time not to be ignorant about the law and every of its small parts relating to families and the department of human services, if not for anything, but for our Children.