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Good People & People of Faith,


This message is about Mr. Andrew Steele.  I was able to speak to a
good friend of his, Ms. Mandy Varona <mandyvarona@...> in the
Boston area who is familiar with Andrew and his history.  I came away
very impressed by his motivation and methods. This was a preplanned
and thoughtful action his part. I encourage anyone, especially those
in the Boston area, to contact Andrew & Ms. Varona.  They can use help
with arranging media coverage.

We will also be dedicating an area of our web site to his actions
and keeping track of what happens:
http://www.AKidsRight.Org/action_boston

This message contains more details on what happened and also some
corrections to what was initially reported.  We sent out a message on
Mr. Steele yesterday, the initial news report was:

     "An unhappy parent was caught red-handed tagging a courthouse
     after being denied a holiday visit with his sons.  Andrew Steele,
     45, of Tacoma, Wash. used three cans of spray paint to write
     "Steele boys rights denied" in large letters on the Brockton
     District Court in Boston, Mass.... (see links below for full story)

Ms. Varona explained that Andrew had not planned to use regular spray
paint!  He was going to purchase cans "easy remove" paint -- the same
type that is used to spray "Just Married" on cars.

He also prepared a two page "Purpose of Protest Statement" before his
actions on Thursday, Dec. 10 -- which he knew was Human Right's Day,
the start of Human Rights week.  An excerpt from that statement:

PURPOSE OF PROTEST:

     * My son rights have been and continue to be denied them.
     * My rights have been and continue to be denied me.
     * My children's mother's life has been made very difficult.
     * Some family members have been and continue to be harmed.

     FACT: Children need to feel special in Mom's life and Dad's. When
     they have this they do alright. When they are denied this they are
     at greater risk of having troubles.

     Read complete statement at:
http://www.AKidsRight.Org/action_boston/purpose.pdf

CURRENT STATUS/CONTACT INFO:

     "Mr. Steele was arraigned in Brockton, MA, court on charges of
     tagging, destruction over $250 and malicious damage. Steele was
     ordered held in lieu of $50,000 cash bail or $500,000 surety. He
     will return to court on Jan. 6." -- from TheBostonChannel.Com

I was told he does not plan on making bail and wishes to continue
his protest as a prisoner.  We encourage everyone to write him at:

Andrew Steele, #53441
Plymouth House of Corrections
Housing Unit BS1
26 Long Pond Rd.
Plymouth, MA    02360

He has a good friend in the Boston area, Ms. Mandy Varona, she is
trying to help Andrew get as much publicity as possible. She is very
familiar with his family background and struggles.  She can be
contacted at: Ms. Mandy Varona <mandyvarona@...>,
phone: (206) 313-9888

BACKGROUND:

For many years Andrew worked in construction.  He married and the
couple had four sons (who now range in age from 8-13). In his 40s he
realized he would not be able to work construction for long and wanted
to make a career change and become a Children's Book writer.  He wrote
and published one book (Amazon link below).  His wife was not happy
with this career change and sought divorce.

The divorce began in 2006 and almost immediately the Judge ordered
"supervised visits" and Andrew could only see his four sons every
other weekend, from 10am - 5pm, in a visit supervised by someone
acceptable to his wife.  There had been no type of threatening conduct
on his part.

The divorce decree (available at the web site) was issued in Nov of
2009 and no change was made to the visitation schedule or procedure.
There was NO extra time for any vacations or holidays.  Andrew had
hoped for a return to more normal contact with his children -- this
triggered his plan of action.


BACKGROUND LINKS:

http://www.examiner.com/x-15873-Family-Rights-Examiner~y2009m12d10-Dad-tags-MA-c\
ourthouse-in-protest-over-visitation
http://www.thebostonchannel.com/news/21918865/detail.html
http://www.amazon.com/Galaxy-Boys-Sphere-Andrew-Steele/dp/1857566777
http://www.AKidsRight.Org/action_boston
--
                                         John Murtari
_______________________________________________________
Coordinator                              AKidsRight.Org
jmurtari@...           A Kid's Right to BOTH parents"
(315) 944-0999(x-211)               http://www.AKidsRight.Org/



=========================================
http://www.AKidsRight.Org/
A Kid's Right to Both Parents!
---
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You are correct. 35 days if decision is mailed and from there the Petitioner can
file a rebuttal. My objection is almost complete. Thank you for the response
Inder. I've been feeling like the site hasn't been very active.
Dan Disidoro

----- Original Message -----
From: "ikainth" <ikainth@...>
To: newyorkcivilrightscouncil@yahoogroups.com
Sent: Wednesday, December 9, 2009 6:18:03 PM GMT -05:00 US/Canada Eastern
Subject: [newyorkcivilrightscouncil] Re: Child support issues

 




The procedure in NY Family Courts as I understand it is that you have to file a
Objection in writing within 30 days of your ruling. The Family Court Clerk must
acknowledge this in writing back to you and provide you with instructions on how
to proceed. Otherwise you may be indicating your agreement to the decision
rendered! Tick Tock. Tick Tock.

This, of course, is from my Pro Se (going to court without an attorney)
perspective.

Inder Kainth

--- In newyorkcivilrightscouncil@yahoogroups.com , "danny" <disidoro@...> wrote:
>
> I just received the CSCU numbers. I owe 1446 a month on a 3200 a month income.
The CSCU investigator said"why so much?" I said I filed a complaint...The courts
punish if you speak up but we have to keep speaking up. I'd like to talk to more
people and network with local and not so local people. It's our obligation to
our children to fight for the now and the future.
>
> --- In newyorkcivilrightscouncil@yahoogroups.com , "danny" <disidoro@> wrote:
> >
> > Hi, I recently joined here. I have 3 children, one who lives with me full
time and 2 who live with me 4 days a week. I was just found by Tompkins county
Family Courts Support Magistrate as not being the custodial parent for the 2
children and I now have to pay full support for them plus spousal in addition to
arrears. I am floored by this decision. My lawyer called me with this
information and I have not read the full decision yet. Are there any other
individuals in Central NY who have gone through this? I've read how appeals do
not work. They may not in my case but I am still going to pursue this avenue.
Help! I'll be pushed into backruptcy and will lose my children. I've read
letters on here about how "we" can't win and I do understand it is stacked
againsy people like us but I want to find others who are willing to communicate
with me and create a movement. This is the silent story that is destroying
families in my opinion.
> > Dan Disidoro
> >
>

The procedure in NY Family Courts as I understand it is that you have to file a
Objection in writing within 30 days of your ruling.  The Family Court Clerk must
acknowledge this in writing back to you and provide you with instructions on how
to proceed.  Otherwise you may be indicating your agreement to the decision
rendered!  Tick Tock. Tick Tock.

This, of course, is from my Pro Se (going to court without an attorney)
perspective.

Inder Kainth

--- In newyorkcivilrightscouncil@yahoogroups.com, "danny" <disidoro@...> wrote:
>
> I just received the CSCU numbers. I owe 1446 a month on a 3200 a month income.
The CSCU investigator said"why so much?" I said I filed a complaint...The courts
punish if you speak up but we have to keep speaking up. I'd like to talk to more
people and network with local and not so local people. It's our obligation to
our children to fight for the now and the future.
>
> --- In newyorkcivilrightscouncil@yahoogroups.com, "danny" <disidoro@> wrote:
> >
> > Hi, I recently joined here. I have 3 children, one who lives with me full
time and 2 who live with me 4 days a week. I was just found by Tompkins county
Family Courts Support Magistrate as not being the custodial parent for the 2
children and I now have to pay full support for them plus spousal in addition to
arrears. I am floored by this decision. My lawyer called me with this
information and I have not read the full decision yet. Are there any other
individuals in Central NY who have gone through this? I've read how appeals do
not work. They may not in my case but I am still going to pursue this avenue.
Help! I'll be pushed into backruptcy and will lose my children. I've read
letters on here about how "we" can't win and I do understand it is stacked
againsy people like us but I want to find others who are willing to communicate
with me and create a movement. This is the silent story that is destroying
families in my opinion.
> > Dan Disidoro
> >
>

I just received the CSCU numbers. I owe 1446 a month on a 3200 a month income.
The CSCU investigator said"why so much?" I said I filed a complaint...The courts
punish if you speak up but we have to keep speaking up. I'd like to talk to more
people and network with local and not so local people. It's our obligation to
our children to fight for the now and the future.

--- In newyorkcivilrightscouncil@yahoogroups.com, "danny" <disidoro@...> wrote:
>
> Hi, I recently joined here. I have 3 children, one who lives with me full time
and 2 who live with me 4 days a week. I was just found by Tompkins county Family
Courts Support Magistrate as not being the custodial parent for the 2 children
and I now have to pay full support for them plus spousal in addition to arrears.
I am floored by this decision. My lawyer called me with this information and I
have not read the full decision yet. Are there any other individuals in Central
NY who have gone through this? I've read how appeals do not work. They may not
in my case but I am still going to pursue this avenue. Help! I'll be pushed into
backruptcy and will lose my children. I've read letters on here about how "we"
can't win and I do understand it is stacked againsy people like us but I want to
find others who are willing to communicate with me and create a movement. This
is the silent story that is destroying families in my opinion.
> Dan Disidoro
>

Thanks for the info. I had signed a seperation agreement prior to the divorce
stating I would pay $1000.00 per month in support. It was modified and brought
down to $576.00 per month. My income for the last year and a half has been
reduced to $1250.00 per month due to injury and myself receiving SSD only as
income. My ex also gets $500.00 or so from SSD for the kids in addition to
medical insurance free of charge. I have tried to talk to her and her atty.
about a fair amount but they wont budge. No money left for an atty. for myself.
Now they want to go after my assets and all that was split up in our sep.
agreement. I want to pay what I can and should but I just can't see supporting
my ex also. Just waiting for my papers to come so I can file in family court for
a reduction. It's just all the lawyers I talked to said the standards chart is
never followed and sinceI have 2 kids it is 25% of my gross pay as support. Just
very confused as to what the law is regarding support amounts, that's all.

--- In newyorkcivilrightscouncil@yahoogroups.com, Dave <davew773@...> wrote:
>
> William-
>
> This definitely doesn't sound right, however the child support standards are
> just a guideline. I've been in the system for 16 years and have two kids
> with two different mothers and have been in Albany, Saratoga, Dutchess, New
> York, and Richmond County Family Courts (one mother is from NYC and has
> moved a few times). I have never had to pay more than the standards and find
> it disturbing that you say you had to pay 10 times that. Even if you were in
> arrears, which you typically always are when you are first ordered to pay
> support as the support is retroactive to filing, they usually only tack on
> 50% of your weekly amount to pay the arrears to catch you up.
>
> I don't remember what the exact figures are, but I believe for two kids it
> should be 23% of your gross income, less FICA. So, if you made $1000.00 per
> month before Federal/State taxes and after FICA is deducted, you would pay
> $230.00 per month.
>
> I suspect there is more to the story, unless you had the wrong calculation,
> but 10 times is definitely egregious and I suggest hiring a good attorney to
> get that modified ASAP.
>
> Also, don't forget, if you can get joint physical custody (at least 50% of
> the kids' time with you), you should be able to have child support abolished
> completely.
>
> -Dave
>

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Good People & People of Faith,

[ NOTE: please send any message replies to this monitored addr:
<jmurtari@...> ]

We wanted to send out a brief announcement that John Murtari was
arrested again today (Dec 1st) in Lyons, NY.  At about 2 PM John used
kid's chalk to write a Family Rights message near the side of a door
at the County Courthouse. John expects to be held in jail until his
next scheduled Village Court date on December 9th. (SEE HOW YOU CAN
HELP BELOW).

We don't have any more details yet, but they will be posted at the web
site once we hear from John. There are also pictures of his earlier
activity.  http://www.AKidsRight.Org/parental_notification

For more background and details you may also see this report at
Examiner.com:

http://www.examiner.com/x-15873-Family-Rights-Examiner~y2009m11d23-Parent-activi\
st-fined-1k-for-chalk-message-on-courthouse

Please take the time to call the officials below.  Be polite and let
them know your concerns and your support for Family rights.

TO HELP JOHN:
-------------
You can contact Assemblyman Oaks by:

website: http://assembly.state.ny.us/mem/?ad=128
email: oaksr@...
phone: 315-946-5166
write: Assemblyman Robert Oaks, 10 Leach Road, Lyons, NY 14489

You are also welcome to call/write these officials on his behalf.

* DA Richard Healey , Hall of Justice, Suite 202, Lyons, NY  14489
     (Phone: 315-946-5905 / Fax: 315-946-5911)

* Village Justice Nicholas Forgione, 79 William St., Lyons, NY 14489
     (Phone: 315-946-4565)

John always appreciates any letters, his jail address:
John Murtari, P.O. Box 477, Lyons, NY 14489


What is worth 4 arrests? - THE DECLARATION OF FAMILY RIGHTS
-----------------------------------------------------------
All the GREAT Civil Rights we recognize have required a lot of effort
& personal sacrifice to achieve.  You can sign the petition at:
http://www.thepetitionsite.com/3/the-declaration-of-family-rights

--
                                                                John Murtari
______________________________________________
Coordinator                                         AKidsRight.Org
jmurtari@...         A Kid's Right to BOTH parents"
(315) 944-0999(x-211)                http://www.AKidsRight.Org/



=========================================
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A Kid's Right to Both Parents!
---
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Good People & People of Faith,

A quick update.  I just got home.  I was released after my
arrest with just an appearance ticket.  No trip to jail this time!
I have my next Court Appearance on Dec 9, next Wednesday.

I'm very thankful to be free!   My great thanks to those of you
who have called and written officials on my behalf in the last
several weeks -- that has certainly helped!

This was my last planned NonViolent Action before Christmas.
I am still interested in getting other parents to join me outside the
Courthouse in a silent picket.   It is a good opportunity to meet
people in person and talk.   The next time would be Monday, Dec
7th, at 2 PM -- the times/dates are flexible, just let me know
when you can make it!

Please reply to: jmurtari@...
--
                                                     John Murtari
______________________________________________
Coordinator                                       AKidsRight.Org
jmurtari@...         A Kid's Right to BOTH parents"
(315) 944-0999(x-211)                http://www.AKidsRight.Org/



=========================================
http://www.AKidsRight.Org/
A Kid's Right to Both Parents!
---
Newsletter mailing list
Newsletter@...
http://kids-right.org/mailman/listinfo/newsletter

Hi, I recently joined here. I have 3 children, one who lives with me full time
and 2 who live with me 4 days a week. I was just found by Tompkins county Family
Courts Support Magistrate as not being the custodial parent for the 2 children
and I now have to pay full support for them plus spousal in addition to arrears.
I am floored by this decision. My lawyer called me with this information and I
have not read the full decision yet. Are there any other individuals in Central
NY who have gone through this? I've read how appeals do not work. They may not
in my case but I am still going to pursue this avenue. Help! I'll be pushed into
backruptcy and will lose my children. I've read letters on here about how "we"
can't win and I do understand it is stacked againsy people like us but I want to
find others who are willing to communicate with me and create a movement. This
is the silent story that is destroying families in my opinion.
Dan Disidoro

AKidsRight.Org - All the information in our messages if FREE for reuse as you
desire.  Subscribe/unsubscribe info at end of this message.
=========================================
Good People & People of Faith,

[ NOTE: please send any message replies to this monitored addr:
<jmurtari@...> ]
This message has info on:

1. Human Rights Week (Dec 10-17) - are we ready?
2. The Advent of Reform - what's it take?
3. Apology - and call to action.
4. Murtari interview on WCMF - what would you say?


1. Human Rights Week (Dec 10-17) - are we ready?
------------------------------------------------
http://www.emeraldinsight.com/10.1108/eb048968

A great opportunity to call some attention to Family Rights. Media
will be looking for public actions regarding Human Rights.  How about
actions by parents (even YOU, just one) outside Courts and Legislative
offices: Just a silent picket carrying a picture of parents & children
unjustly separated, or take some kid's chalk and write a message on
the sidewalk.

Let's make Dec 15th the target date, but choose any day in the
interval.  Just email your info to: jmurtari@... as soon as
you can.  We'll send out a list message by Thursday, Dec 10, so other
interested people in your area can join you!

Distribute copies and support "The Declaration of Family Rights."

Petition -> http://www.thepetitionsite.com/3/the-declaration-of-family-rights

Poster ->
http://www.AKidsRight.Org/parental_notification/family-rights-poster.pdf

On Monday, Dec 14th, we'll send out a coordinated Press Release to
media nationwide about the actions of individual parents and
groups. It will highlight activity from the 15th - 17th.  Send in your
contact info and the contact info for News media in your local area --
we'll help blow the horn!


2. The Advent of Reform - what's it take?
----------------------------------------
We are now in the season of Advent - a time of reflection &
introspection before Christmas.  Instead of focusing outward, how
about asking ourselves what we can do?

For so many, many people in groups and mailing lists -- it's just
about THEIR case, getting THEIR kid's back.  They may succeed or fail,
but they have no larger goal?

When we see the 'bigger picture' and broaden our hearts -- we'll
discover that it's a great feeling helping someone else.  It may be
too late for you, but you can make sure it doesn't happen again....

Please add your signature to the "Declaration of Family Rights" -- but
what are you willing to sacrifice to make it a reality?

Take some time, read some of the history on Civil Disobedience and
NonViolent action that we have at the site:
http://www.AKidsRight.Org/civil.htm

It doesn't require any anger and you can stand proud for everything
you do.  You just have to believe.


3. Apology - and call to action.
--------------------------------
At times I fell apologetic for stopping at four arrests.  The last on
Dec 1st was a tough decision. I get to see my son for Christmas (Dec
19-31st) and I didn't want to risk that, but I also had to try and
have Faith -- they arrested me, but luckily, didn't send me to
jail. http://www.AKidsRight.Org/parental_notification

I hope to resume my actions in January.  WHAT STOPPED ME?  Because it
doesn't depend on me.  Any one of you can do the same things, all it
takes is "a piece of chalk and a dream!"  ONLY I can be a Father to my
son.

Many Mothers & Fathers will not even get to see your children for
Christmas.  WHAT'S STOPPING YOU?  I would think Christmas in a jail
cell, caused by loving sacrifice for your belief in reform -- would be
more joyful & satisfying than a Christmas without family?

I feel real reform efforts are getting closer each day.  We are
beginning to see & feel the indignity.  Imagine yourself a Black in
Alabama in 1950, and the bus driver says to you, "You Ni$$ger, get to
the back of the bus and take your Ni$$ger kids with you!"

How would YOU respond on that day, the next?  What's the strongest
action you'd take to uphold your dignity, the dignity of your
children?  The dignity of others?  Would you s "write a letter" or
would you join the "Freedom Riders" -- the Blacks that peacefully sat
in the front of buses and didn't resist arrest and jail?

Writing is good, legislative and court actions are good, but the
demonstrations of public action are also required


4. Murtari interview on WCMF - what would you say?
--------------------------------------------------
If you would like to hear the radio interview regarding chalk writing
activities, go to:

http://www.AKidsRight.Org/parental_notification and scroll down the
page for the entry on Dec. 2nd.  Thanks to Mark Hough
<markh8710@...> for making a high-quality recording.

How did this interview get setup?  It just happened the host saw a
local arrest report and wondered why anyone would be 'repeatedly'
arrested for graffitti at a local courthouse?

The "hosts" don't understand why Family Rights is such a big issue?
We need to show them by our actions - RIGHT?
--
                                        John Murtari
________________________________________________________
Coordinator                            AKidsRight.Org
jmurtari@...         A Kid's Right to BOTH parents"
(315) 944-0999(x-211)             http://www.AKidsRight.Org/

__________________________________________________
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Walt,

I can tell you from personal experience that initially Appeals may sound like a
good idea to have your grievances heard.  I was incarcerated by Suffolk County
for "arrears"  in 2005 for Willful Failure To Pay.  Despite showing proof of
having been 75% compliant of my obligations and holding two jobs the Hearing
Magistrate Aletha Ferraro ordered incarceration and it was affirmed by a Judge. 
With help from family $5K was paid to get me out.  Appeal was initiated with
help from folks from legal profession and  two years later Appallete Division
2nd Dept overturned the incarceration.  However, neither the matter of return of
$5K bail nor the removal of $10K Money Order Judgment entered against me was
addressed.  So with all my efforts I have a hollow victory to show for it and no
one willing to touch this matter at this time at this time due to follow-thru
and get me relief I was seeking all along.

Of course now they have another Violation of Support Order against me at the
moment for arrears.  I have attempted to explain numerous times in Family Court
that these arrears are false to begin with since during June 2001 to April 2002
I had legal/physical custody of my children but my support accumulations never
stopped.  I was out of state at the time and was not able to file to stop my
child support.  Hearing Magistrate Aletha Ferraro states it is too late and I
must pay or go to jail!  This despite the legal/physical custody having been
proven with documents from same Family Court.

It is my sincere opinion these Family Courts are about empowerment of women
mainly.  Fathers are just a resource to be manipulated at whim of court/mother
petitioner.  I have heard some men do get their way in these courts.  It
probably requires substantial reserves of cash for legal professionals.

Inder Kainth

--- In newyorkcivilrightscouncil@yahoogroups.com, "dadlobby" <dadlobby@...>
wrote:
>
> Not to discourage you but I don't believe appeals are very effective (only a
small percentage "win") and most often the win results in the issue being
returned to the lower court to be reheard.
>
> Remember the system is a war of attrition and the only one expending resources
here is you.  The others are receiving resources, making their living off of
your appeal.
>
> That said I believe the Pro Se lawsuit and appeal is useful as a protest
action.  Unfortunately, without any appeals the "system" gets to say that
everyone is happy wth the status quo as no one is complaining!
>
> Thanks,
> J.
>
> --- In newyorkcivilrightscouncil@yahoogroups.com, Walter Hancock
<walthancock@> wrote:
> >
> > Before I spend another huge sum of money and lose, has anyone ever actually
won in appellate court?  If so, can you recommend an attorney? 
> >  
> > Thanks,
> >  
> > Walt
> >
>

I have a question about how child support is figured in Saratoga County Court. 
I printed out the support guidelines for nys and figured out how much I should
pay for my two kids.  The court then turned around and are making me pay 10
times that amount.  My atty. told me that the guidelines are a starting point
and don't have to be followed.  My ex makes more money than me and I am disabled
and on a fixed income. I don't know what to do. Any suggestions??

Not to discourage you but I don't believe appeals are very effective (only a
small percentage "win") and most often the win results in the issue being
returned to the lower court to be reheard.

Remember the system is a war of attrition and the only one expending resources
here is you.  The others are receiving resources, making their living off of
your appeal.

That said I believe the Pro Se lawsuit and appeal is useful as a protest action.
Unfortunately, without any appeals the "system" gets to say that everyone is
happy wth the status quo as no one is complaining!

Thanks,
J.

--- In newyorkcivilrightscouncil@yahoogroups.com, Walter Hancock
<walthancock@...> wrote:
>
> Before I spend another huge sum of money and lose, has anyone ever actually
won in appellate court?  If so, can you recommend an attorney? 
>  
> Thanks,
>  
> Walt
>

This groups was originally formed as a message/sounding and discussion board for
action items (political, etc.) at the New York State level and for individuals
looking for information on their cases with others who have had similar
circumstances and might be able to help.  The moderator stepped away for a bit
but I'll see if I can't fit some moderation and answers back in.

For those organizations which have a mailing list and are including this as a
duplicate I will be removing redundant postings (i.e. if they can sign up with
you and get it they don't need it repeated here).  The exception being postings
of an individual action item of a short nature (i.e. Protest .... at ... with...
who, what when, where, how and why with a link for further information).

Thanks,
J.

--- In newyorkcivilrightscouncil@yahoogroups.com, "isdajls" <gstellon@...>
wrote:
>
> Unfortunately this group seems to have dissolved from lack of something.
> I am asking if anyone is interested in continuing the fight.  I am
> interested in joining forces with another group that deals with
> constitutional issues and see the issue of  orders of protection and
> losing visitation based false accusations a constitutional issue.   We
> are promised to be innocent until proven guilty and jury trials, etc ,
> etc.  This is something that need fixing and maybe VAWA has some
> constitutional violations.  We don't get anywhere with legislators so
> lets drag them to court.  Anyone want to know more?
>

Dear Family Preservation Advocate:

Tonight 11/10/09 there will be a program about CPS and Foster Care on Channel 41. One of our Family Preservation Advocates who successfully got his son back from foster care was interviewed. Also Univision came to our offices to tape our Circle of Support meeting this past Saturday 11/7/09.  We have no idea what part (if any) of that meeting will appear on the show.

The program is: AQUI Y AHORA

Channel 41, Univision New York (WXTV)

Tuesdays: 10pm – 11pm (EST)

For more information about the program:

http://www.univision.com/content/channel.jhtml?chid=6&schid=1363&secid=1372

If you have a chance, watch the program and give us your feedback.

In Freedom

Rolando Bini – Executive Director

Parents in Action

For Leadership and Human Rights

http://www.parentsinaction.net

rolando@...

347-624-4830

So how about taking a story like this and the one cited by Angelo Lobo in his
movie where a Navy sailor had his life decimated due to false paternity
established by Family Court and actually doing something with it.

I am sure I don't have to tell you how these Family Courts operate.  They would
rather incarcerate someone for child support arrears when the father had
legal/physical custody but somehow the child support accumulations never
stopped.  Support Collections can just say go back to Family Court and that they
only enforce Family Court Orders.  And Family Court fails to recognize its own
issued Orders of legal/physical custody when it comes to correcting wrongful
child support accumulations.  NYS Supreme Court reacts to Article 78 by stating
that it is discretion of judgment on part of the Hearing Examiner and the
Attorney General of NY agrees!  Federal Courts don't want anyhing to do with
his.

Life, Liberty, and Justice for All!

Inder Kainth

--- In newyorkcivilrightscouncil@yahoogroups.com, John Murtari <jmurtari@...>
wrote:
>
> Good People & People of Faith,
>
> Just a quick notification on what appeared as a top story at the CNN
> website this morning:
>
> http://www.cnn.com/2009/CRIME/07/15/georgia.child.support/index.html
>
> It took action by a local Human Rights organization to get this parent
> out of jail.  I'm sure a lot of readers didn't even think you could be
> jailed for failing to 'support' a child who isn't yours?
>
> As Mothers and Fathers who have families hurt by the system.  I think
> we all know how easy those types of actions are.  Without first
> recognizing "rights", how can any legal system provide "justice" ?
>
> Think about Family Rights and goals:
> http://www.AKidsRight.Org/approach.htm
>
> Join the National Parents Leadership Council and join like-minded
> people:  http://www.NatiionalPLC.Org/
>
> Take loving action and demonstrate sacrifice to show others the power
> of your (and our) beliefs:
> http://www.AKidsRight.Org/civil.htm
>
> Best regards!
> --
>                                        John Murtari
> ____________________________________________________________________
> Coordinator                            AKidsRight.Org
> jmurtari@...                "A Kid's Right to BOTH parents"
> Toll Free (877) 635-1968(x-211)        http://www.AKidsRight.Org/
>

Sent from my BlackBerry® smartphone with SprintSpeed

Unfortunately this group seems to have dissolved from lack of something.
I am asking if anyone is interested in continuing the fight.  I am
interested in joining forces with another group that deals with
constitutional issues and see the issue of  orders of protection and
losing visitation based false accusations a constitutional issue.   We
are promised to be innocent until proven guilty and jury trials, etc ,
etc.  This is something that need fixing and maybe VAWA has some
constitutional violations.  We don't get anywhere with legislators so
lets drag them to court.  Anyone want to know more?

AKidsRight.Org - All the information in our messages if FREE for reuse as you
desire.  Subscribe/unsubscribe info at end of this message.
=========================================
Good People & People of Faith,

This message contains info on:

1. Support? SYSTEM DOWN - press release & news!
2. Equal Parenting - the Canadian perspective.
3. Your FEEDBACK - How is reform doing?


1.Support? SYSTEM DOWN - press release & news!
----------------------------------------------
If you can get to Atlanta this weekend, come to the Film Festival
where 'our' movie is showing (Saturday, 4pm, maps & details in  links
below).  I'll (John Murtari) be down there late on Friday and all day
Saturday.  It's always good to meet people in person, send me an email
and we can talk.

I'm one of the parents Angelo Lobo, the Producer, interviews in jail
for the Movie.  I've seen the whole film and it does a great job of
telling our story, and more importantly -- it has a BIG effect on
people who haven't been through it.  The common remark is, "I never
know that kind of stuff went on!"  He's put in a lot of work & sacrifice
into this effort -- if you're within a few hours of Atlanta -- take a
little drive down on Saturday!!!  There is convenient subway access.

http://www.examiner.com/x-15873-Family-Rights-Examiner~y2009m9d22-Family-court-d\
ocumentary-SUPPORT-at-Atlanta-film-fest-this-weekend

http://www.examiner.com/x-15873-Family-Rights-Examiner
(shorter version of above link)

http://www.SupportTheMovie.com/ -- Movie site w/trailers.

http:/www.pviff.com/ -- Film Festival site.


2. Equal Parenting - the Canadian perspective.
---------------------------------------------

--- George Piskor <gwpiskor@...>

> Here's what Canadians want in equal parenting legislation as defined
> by Canadian Equal Parenting Council: http://www.canadianepc,com/
> Bill C-422:
>
http://www2.parl.gc.ca/HousePublications/Publication.aspx?DocId=3995880&Language\
=e&Mode=1&File=27

> And I suspect anyone would be happy to have the Australian "gold
> standard" reforms : SPRA
>
http://www.comlaw.gov.au/comlaw/Legislation/Act1.nsf/0/1D1968BB157D8090CA2571780\
00B0A56?OpenDocument

You know, I read the bill and it may be a minor change, but I don't
see it as a goal.  This type of wording:

    (5) The presumptions referred to in subsection (4) are rebutted if
    it is established that the best interests of the child would be
    substantially enhanced by allocating parenting time or parental
    responsibility other than equally.

When you have time take a moment to look here:
http://www.NationalPLC.org/ and look at the core values.  There is a
strong presumption we are FIT & EQUAL parents and the only way to
overturn that is a criminal conviction with jury protection -- not
just the opinion of a single Judge about 'what is best'.What do you
think?

- Reply from George:

> Nice to know that you have found time in your busy life to read our
> proposed Canadian legislation, prepared in large part by the
> coalition itself. Our legislation, patterned on the AU legislation,
> is based on the rebuttable presumption of equal parenting. Central
> to establishing this in law is to specifically identify est
> interests of the child(BIC) as being synonymous with equal parental
> rights, responsibilities, and benefits continuing unabated after
> divorce barring exceptional circumstances.

> To do so, we have defined prioritized and weighted factors for
> consideration in assessing BIC, as most legislation either does not
> define BIC at all, or enumerates factors without any indication
> which are mandatory, etc. This makes BIC arbitrary whether in the
> instance of definitional omission or meaningless enumeration of
> factors.

> Unlike the US, parliamentary systems do not have the intermediate
> lear and compelling evidentiary standard to limit judicial
> discretion and, for now, we have to work within the civil
> standard. Of course, the barrel whether lear and
> compelling evidentiary standard should be applied in divorce remains
> an unsettled issue in the US requiring state by state challenges to
> have it accepted in practice.

> We love nothing better than to have civil jury trials, but that
> beyond the scope of current reality.

> I highlighted in yellow where our legislation is similar to your
> goals, with the grey area being a longer term battle over parens
> patriae that needs to be fought in all western countries as the
> state-parent boundary has been progressively encroached and rolled
> back in the recent unilateral divorce era.

> Last year, we started out with the same concise goals as you
> have. By the time it was turned into legalese, it expanded
> 25-fold.That the reality of legislative drafting standards.

----- included from http://www.NationalPLC.Org/

*  BOTH biological parents have a right to know they have a child.

*  BOTH parents are presumed FIT & EQUAL (in terms of both physical and
legal custody of their children).

*  If anyone (a spouse, relative, or Child Protective "services")
wishes to challenge that, you have a right to speedy trial, counsel, and the
protection of a criminal jury and a unanimous verdict.
The "state" needs to prove you were a demonstrated serious and intentional
threat to your child's safety and acted with malintent.

* A child has a right to EQUAL contact with BOTH parents. A child does
NOT have a right to pick a preferred parent. A child does NOT have a right
to parents who always act in the child's best interest. Sound strange?,
click
<http://www.nationalplc.org/view-post-comments.php4?blogID=199&postID=585>
here.

* In our discussions with ourselves and our public actions, all should
be treated with dignity, respect and compassion. We can condemn injustice
without malice.

* We identify ourselves as 'parents' seeking reform. Our issue is
family rights and the ability to raise & nurture our own child free of
government interference. Our primary focus is NOT men's rights or women's
rights or child support reform.

----- end included text

> Last year, we started out with the same concise goals as you
> have. By the time it was turned into legalese, it expanded 25-foldnd
> that before one gets involved in consequential amendments (ripple
> effects into other legislation).That the reality of legislative
> drafting standards.

> Our starting point, comparable to the intent of your goals, was the
> following definition of equal parenting:

> 'Equal Parenting' (EP) means that:

> a) the legal rights, obligations and benefits of parenthood,
> together with continuity of relationships with grandparents and
> other family members, shall survive marriage into divorce; and

> b) parenting time will be equally shared between parents to the
> maximum practicable extent, unless other arrangements are mutually
> agreed by both parents; and

> c) the above shall constitute the rebuttable option presumed to be
> in the best interest of the child.

> Believe it or not, it took our CEPC coalition committee -composed of
> representatives from various organizations- about six months and
> three rounds of voting plus some hard feelings to agree on the
> above. The moral of the story is that EP is easy to state but
> difficult to pin down consensually. Once we had that, it took
> another three months to draft the legislation.

> I mention this to you to alert you to the possible journey ahead for
> you.  Your goals are reasonable. Getting them translated into
> realistically passable legislation is always another matter.



3. Your FEEDBACK - How is reform doing?
--------------------------------------
Some good FEEDBACK in response to our last message about different
groups and goals for Family Law reform:
http://www.AKidsRight.org/archive/archive2009/0030.html


--- Joe Becker <joenascar24@...>

> WHAT REFORM? Massachusetts is doing NOTHING............

Well, I do agree with you -- and if anything, things are getting worse
as we seem to assume government needs more power to take care of us
and especially to take care of our children.  What about the goals for
the groups below -- what do you think -- and probably more important,
what are you willing to do?


--- Ray Lautenschlager <akron@...>


> Parents And Children for Equality
> PACE
> http://www.pacegroup.org/

> As an organization we have continually pressed the Ohio Legislature
> to bring froth an equal parenting law so that the courts keep both
> fit parents involved in an equal legal and physical nature. That
> legislation is on line at http://www.pacegroup.org/pace_051.htm and
> currently has support from several House and Senate members.

> We have been pushing to provide parents additional resources of
> information thru our web site so that all the information that they
> need to deal will the problems of Family Court can be found easily
> for them. While we are based in Ohio, we have added a map resource
> so that parents can find help in other states and an easy method for
> other organizations to add their info to our site. This is an effort
> to boost a co-operative spirit among all groups.

> A short time a go we were heavily involved with Galluzzo V Champaign
> County, which sought to have Ohio's Custody law declared
> unconstitutional. While that effort was refused to be heard by the
> US Supreme Court, we have two new suits active that hope to do the
> same in Lautenschlager V Summit County and Evans V State of
> Ohio. Case filings for these cases as well as all the filings in
> Galluzzo are one line for viewing at
> http://www.pacegroup.org/Cases/index.html and gladly answer
> questions of anyone interested in these cases.

I read the law, and it is stronger than a lot of stuff I have seen:

         "...for equality between the parents except where clear and
         convincing evidence shows that equal legal and physical access
         would be harmful to the children..."

But I'm not sure if that is a strong enough goal that really protects
Family rights? When you have time take a moment to look here:
http://www.NationalPLC.org/ and look at the core values.  There is a
strong presumption that we are FIT & EQUAL parents and the only way to
overturn that is a criminal conviction with jury protection -- not
just the opinion of a single Judge about 'clear & convincing' and what
'harm' is?


--- "Aarde V. Atheian" <Athein@...>

> I'm a member and a periodic cyclical contributor to all of the top
> five organizations. All of them are doing fine. The only thing that
> needs to happen is for a Bill Gates and everybody like him to
> realize that he is a voiceless intimidated slave too late to be
> rescued. His only redemption is to make a billion dollar donation to
> our top five organizations so that the leaders at least do not get
> burned out trying to do all the work by themselves.

I know you think about this stuff. I got some good emails back, but a
lot of the proposed laws were about 'rebuttable' presumptions of equal
parenting, or maybe require the judge to find by 'clear & convincing'
evidence if equal parenting would NOT be in the child's best interest.

As long as a single person decides -- how can you get rid of bias &
prejudice?  I don't see any reform base on letting the government make
a determination of 'best interest'.

We need a 'wall' between government and family.  If you have time take
a look at the core values at http://www.NationalPLC.org/ -- what do
you think?

If we don't have an 'ideal' -- I don't think all of Bill Gates
billions are really going to make a difference???  I think you have
seen all the talk about 'rights' on the mailing lists -- well, if this
is such a valuable 'right' -- what are people willing to sacrifice to
make it a reality?  I don't get a lot of response on that.

-- Aarde's reply

> I don't think our crisis is in not being able to agree or coalesce
> around a platform. I am a member of NationalPLC.org and I agree with
> every word in your blog. I also would like to remind you that the
> Libertarian party has called for the complete withdrawal of all
> government from matters of divorce, marriage and private
> relationships. It has no business interfering with any of it. That
> would be the simplest and cheapest of all solutions.

> Perhaps we should urge all disfranchised parents to become members
> of the Libertarian Party. We need to start something big. It only
> comes with big numbers and big money.


--- Scott Hopkins <shopk7@...>

> I think we have a few issues to overcome as far as pushing forward:
> 1) ignorance and apathy - many people I speak with (a) don't
> understand their (and their children's) basic rights under the
> Constitution, (b) don't understand how those rights are being
> violated, and (c) are bogged down with an apathetic mindset that
> chains them to a "this is just the way it is" position.   

> 2) culture - especially when I speak to Christians about the divorce
> industry, they have ingrained in them the idea that men are supposed
> to be the providers (which in normal situations I would agree with)
> and so ought to take it like a man and pay up. I think perhaps this
> is why the church really hasn't taken any position on this (and
> maybe an unwillingness to acknowledge that the divorce rate in the
> church is the same as society as a whole). People really don't see
> it as a problem. "So you have to pay

> I like what Glenn Sacks is doing. We need to influence culture even
> more than we influence politicians. There are very few statesmen
> elected these days, men who vote for what is right because it is
> right; most are only interested in staying in office. They are
> weaklings, but that is what we have to deal with. Change the
> cultural mindset that views men with disdain and the politicians
> will follow.



--- Dan Diebolt <dandiebolt@...>

> There is good news in Michigan John. The FRC is merging with Fathers
> for Equal Rights of America, Inc. founded by Al Lebow in 1979 - 30
> years old this year. This gives us 501(c)(3) status and saves FERA
> for dissolution. Here was the post announcing the merger:

> FRC to Merge with FER of America Inc

> I am very happy to announce that after extensive negotiations and
> planning, we have reached an agreement to merge Fathers for Equal
> Rights of America Inc with the Fathers Rights Coalition (this
> group). Founded in 1981 by Al Lebow of Southfield Michigan, Fathers
> for Equal Rights of America Inc is believed to be one of the oldest
> fathers support and advocacy groups in the nation.

> Lebow's group has for decades served fathers in their quest to be
> equal parents to their children following a couple's separation or
> divorce. Fathers For Equal Rights of America is distinguished among
> all parental rights groups as having an uninterrupted history of
> monthly meetings for close to three decades often with standing room
> only attendance. Founded in April of 2003 by Dan Diebolt of
> Pittsfield Township Michigan, the Fathers Rights Coalition has
> provided an consistent internet presence for the discussion of
> parenting, advocacy and of family law reform issue and represents
> one of the largest and most active online communities for support
> and family law reform. The combined organizations have formed a new
> board of directors and will continue to expand their operations,
> services and projects in support of their mission to insure every
> child has the right to equal access to both parents.

> Thanks are extended to the many people who have cooperated to make
> this merge possible. More information will be made available as we
> implement our plans to merge the two organizations in the coming
> weeks and months.

> Al Lebow, Founder, Fathers for Equal Rights of America Al Lebow has
> been active in family law reform for nearly thirty years.  Al has
> devoted most of his life to issues affecting fathers and
> children.  He is nationally recognized as plain spoken source of
> common sense and wisdom for parents and children.  For over three
> decades, Al has been working to protect families from unwarranted
> government interference in family life.
> http://secure2.convio.net/acfc/media/video/cprtv/2007-CPR-TV-Show-12.wmv


--- Fran Griner <gfgriner9@...>

> The problem is we spend one billion for Mother's Day and one million
> for Father's Day.  That would indicate that fathers are not as
> important as mothers. (Now I surely don't believe it, but a lot of
> others must.)   


--- Cheryl Carlson <carlsonalvn@...>

> This tired lady is working overtime to pay the attorney dealing with
> appeals court. Being pro se nearly killed me with trying to study
> law while working as nurse and being to emotional about
> subject. Attorney supports my plan to sue state,referring 2
> attorneys to bar and the assessment that it was dirty deal all
> around.

> Meanwhile CPS is being investigated and I am asking lots of
> academics to get involved. Being a bit blonde is not so
> threatening..friend calls it velvet hammer. I still have complaint
> with office of civil rights in play. I am still active with
> statewide groups.

> Must keep a dignified, calm rational profile while all this is
> working through the courts..not what I would prefer.

> Thinking how cool would be to tie a helium filled balloons( can get
> one dollar tree for $1) on a flat bed semitrailer for each
> person..adult or child damaged by CPS/courts and have it go to state
> capitol each state..have banner explaining it around the balloons in
> transit. Have it go on a tour and keep adding balloons and everyone
> also sign a card for the governor of state. After speech at capitol
> release balloons with some prayer that maybe God will help since the
> governor won't...thinking of making neat photo op.

I can appreciate your exhaustion at the legal process!  CPS in this
country has become too powerful in its ability to threaten families --
you really have few protections.  What about goals for reform?  A lot
of groups were mentioned in the message -- what do you like?


---  Ramon Collins <ramon_collins@...>

> I think that there is a message getting out there to the youth, the
> persons who being affected by the social engineering and political
> profiteering by taking the financial wealth of families and moving
> it into paying for lawyers and other family system practitioners.

> Young girls have discovered that they have no reason to wait for the
> "right man" to marry. Men are not required for having a family. They
> have a baby and then start making demands of the father, the state,
> and the systems that encourage her to be dependent while try to get
> what she wants, motherhood.  Young boys have learned over the past
> few decades that they can be the leader of their household one day,
> as their authority these days is delegated by the mother of their
> child. They deeply understand that men have become optional to the
> mother of their child, and one man is an increasingly rare option,
> so they wait and wait and find no one to trust.

> The result of these two mentalities is what we see on Jerr Springer,
> Divorce Court, and many other TV Shows that our children see: No
> Trust, No Traditional Family, and a third generation where one
> parent is missing by choices.

> I think that we my be making progress because the results of failed
> policies and untrue beliefs are now beging to leave a stench on
> society. Domestic violence is equally initiated by women as men;
> Children in single parent households without father involvement have
> a much higher rate ot school drop out, teen pregnancy, and
> involvement in the criminal justice system; generation of single
> parent households have left young adults without the gender bases
> family skills to survive with a spouse long term (Men are from Mars
> and women are from Venus is correct in understanding that we are not
> alike and everything is not interchangeable).

> If the Family Court system would disconnect from the false domestic
> violence charges and start to challenge and punish known lies under
> oath, the system would go a lot smoother. If the financial promise
> to mothers were lessened by fixing the Child Support Guidelines to
> truly reflect nearly equal lifestyles for middle class families
> rather than taking every thing dad has for a decade or more, and
> then tracking child support use under a reasonable formula, more
> families would stay together.

> The stupid excuse that if my ex buys a very lavish car with the
> support payment because the child rides in the car has got to
> stop. My child needs a college education fund too,and does not owe
> mom a better car to drive to work in. There needs to be rules on
> where MY earnings are spent. Slavery should be over.

> Progress but the next generation is going to rewrite these rules
> based on what pain these systems have caused over the last 30 years.

You mention a few minor Family Court fixed below -- but what should be
our goal?  What do you like in the goals from the other groups?  More
importantly, how much are you willing to do to change things?


--- Lewis Betcher <wildmansounds@...>


> It's wildman & just informing we are to meet with Congress OCT
> 1st. Jeff Dick & I will be sitting in congress with over 56 rep's we
> have in our corner please feel free to bring as many you can,we are
> all fighting the same war&this war id for the future and end of all
> the troubles these broken home kid's must live....

I'd be happy to share the news of a meeting with others.  Can you give
me some details on your goals?  Any web links?  And when/where, who
people should contact.

-- Lewis' reply

> I'll forward you the F4J site where you can find all specifics..but
> its in passing our reform bill we have set for that day...Wildman


---  Clarence Maloney <ct_maloney@...>

> Thanks for all your good work. I am on assignment in a development
> project in Afghanistan so can't do much in USA. I am already a
> member of several of the organizations. I'm trying to get
> legislators in Maryland to legislate presumptive equal parenting. It
> would be good if the Model State Legislation on Parental Rights could
> be pushed through in all the states. Let's work hard on that. I
> don't have much hope for the proposed US Constitutional Amendment,
> though it is a good proposal.

--
                                        John Murtari
____________________________________________________________________
Coordinator                            AKidsRight.Org
jmurtari@...                "A Kid's Right to BOTH parents"
Toll Free (877) 635-1968(x-211)        http://www.AKidsRight.Org/

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