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Archive for the ‘Legal’ Category

West Virginia Criminalizes False Child Abuse Allegations

July 10th, 2009 9 comments

In 2008, West Virginia Governor Joe Manchin signed into law House Bill 3065 that permits prosecutors to pursue misdemeanor criminal charges against people filing false child abuse reports. It also allows the victims of false child abuse reports to file for civil damages, even if criminal prosecution has not been pursued. Although the law is a step in the right direction, it does not go far enough.

Criminal Penalties

As a misdemeanor crime, the criminal penalties are rather weak, but are better than nothing. Perhaps they may be enough to keep a few malicious parents from making false accusations of child abuse during child custody battles.
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Ashley Gonis to Return to Montreal, Placed in Foster Care

July 7th, 2009 1 comment

After months of living in foster care apart from both of her parents, parental abduction victim Ashley Gonis was to be moved from foster care in Vancouver to be placed in foster care in Montreal, the city in which her father Frank Gonis lives. Reports as to whether this happened or not still aren’t available, but the Canadian government promised the father in writing that it would be done by June 25, 2009.

Since Ashley was found by police after running away from her mother Araceli Bravo on April 10, 2009, she hasn’t had anything close to a normal or stable life. The manner in which Canadian authorities are handling the whole matter seems to show more concern for legal technicalities than for Ashley’s well-being.
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California Legislature Orders Investigation of Family Law Courts

July 7th, 2009 3 comments

California legislators have proposed an “audit” of two of the state’s most infamous family court systems, those in Marin County and Sacramento County. As reported by the Marin Independent Journal:

(from State orders audit of Marin family court)

Prodded by Sen. Mark Leno and other lawmakers, the state Joint Legislative Audit Committee voted Wednesday to investigate the family courts in Marin and Sacramento counties.
The audit will focus on the use, and potential misuse, of court-appointed specialists in family-law disputes, such as mediators, investigators and therapists.

Critics say such appointees can form incestuous and incompetent networks more concerned with generating fees than helping children through painful custody fights.

“It becomes a service mill, a cottage industry of sorts,” Leno said in an interview Wednesday. “Maybe state law needs to be changed.”
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Americans Don’t Believe in Innocent Until Proven Guilty

July 5th, 2009 2 comments

My writing on this topic may raise some ire, but it’s for a point. Americans have largely flushed down the toilet the concept of “innocent until proven guilty” as expressed in the US Constitution. They are willing to condemn people who have never been convicted and even never tried for a crime with labels such as “child molester” and discuss the ways such people should die with apparent glee. More disturbingly, they are willing to do this without even a shred of evidence against the accused.

Guilty by Accusation Without Evidence

Take the case of Joe Harvey Jr. of Montgomery, Illinois. He’s been accused and arrested for sexual molestation of his ex-girlfriend’s infant daughter. Here’s the whole sum of the “evidence” (minus the photograph of the accused) by which people are already convinced he’s guilty and deserves death:
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Unconstitutional Child Custody Decisions

July 5th, 2009 No comments

Preponderance of evidence is a commonly used legal standard in family law courts in Western nations including the United States. But in the United States, it is a violation of the US Constitution Fourteenth Amendment due process protections to use such a low evidentiary standard for child custody decisions. Unfortunately, contrary to the US Supreme Count decision, many courts and government agencies routinely violate or bypass the law with impunity for their abuses.
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More Debate Over California AB 612 Parental Alienation Bill

July 5th, 2009 No comments

As of July 4, 2009, California Assembly Member Jim Beall continues his attempt to deceive the public and satiate the blood-lust of his political supporters such as Nancy Lee Grahn who want immunity for mothers to abuse their children by parental alienation brainwashing. Even though Beall’s AB 612 bill to do this was gutted by other legislature members, he continues to represent that it says something it does not in an apparent attempt to maximize his political gain by deceit.
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Governments and Rent-A-Cops Harass Photographers

June 29th, 2009 No comments

Readers of our website know we’re concerned about the erosion of Constitutional rights in the United States. It’s commonplace for American governments to violate Constitutional and federal law protections for due process, equal protection under the law, unreasonable search and seizure, and innocent until proven guilty in cases involving alleged child abuse and divorces with contested child custody. But the erosion of civil liberties is spreading far beyond family law.

While researching another article I’m writing, I ran across an article from the Washington Post which really disturbed me. Whether you’re an architecture student or common citizen, you now have reason to be fearful of government oppression if you snap a picture of a building while taking a walk on a public sidewalk or a drive on public streets. Taking such pictures is in no way unlawful. First Amendment rights and court cases have established that taking photographs from public areas, especially outdoors, is lawful. But that doesn’t stop law enforcement and especially security guards who sometimes illegally impersonate police officers for intimidating and even assaulting photographers who are not breaking any laws.
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Georgia Court OKs Teacher Sex with 16 Year Old Students

June 22nd, 2009 No comments

On June 15, 2009, the Georgia Supreme Court announced that it’s legal for teachers to have sex with their high school students as long as the students are 16 years or more in age and consent to it. The verdict was 5-2. While not unanimous, the decision indicates the laws banning teachers having sexual contact with students are weakened by failure to restrict the applicability to students who are not adults and also by failure to specifically state that consent is not allowed as a defense.
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Maine Mom Puts Her Kids on Her Live Internet Porn Show

June 19th, 2009 4 comments

Remember our story about the Canadian mom and her baby and dog bestiality and porn show on the Internet? (Click here for more.) This time around, it’s an American mom who has allegedly used her kids for Internet porn broadcasting. Between recent parental alienation, child pornography, child sexual abuse, and child murder stories, 2009 is shaping up to be a banner year for defective women harming children in their care.
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Canadian Parental Alienation Court Cases

June 18th, 2009 No comments

In researching my recent article Alienating Mother Ordered to Pay $286,641.75 in Fines and Fees regarding decisions by Canadian Justice McWatt in a decade-plus parental alienation child custody case, it was difficult to find adequate information in the mainstream media. I was fortunately able to obtain court decision documents from the Canadian courts via their legal decisions web site. This site offers functionality in both English and French, something common for Canadians given the French-speaking population of Quebec.
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