Showing posts with label family courts. Show all posts
Showing posts with label family courts. Show all posts

Saturday, October 18, 2014

Maine - Lawyers, Divorce Industry Like Mike - Should You?

We try to stay clear of partisan politics. After all, children's welfare in divorce and custody shouldn't be a partisan issue. So we try to remain "non-partisan",

BUT ...

Quite frankly, from the perspective of our Family Court, and Guardian ad litem (GAL) reform concerns, we "Don't like Mike" - that is Mike Michaud, one of ( 3 ) candidates running for Governor of Maine. In fact we would say to our GAL and Family Court reform friends, "Vote for anyone else for Governor, but not Mike!"

It's nothing personal, Mike, its your "special interest" lawyer friends, supporters and the fundraisers who we don't like! It is Maine's divorce industry that is "hell bent for election," divorce bar lawyers raising money for "Mike" like it is going out of style and the other, so - called "impartial" divorce industry people silently cheering for "Mike". They are hoping that he wins and that his gratitude for their support will preserve the very lucrative 'status quo' in our creaky, old, dysfunctional, Family Courts.

ASK YOURSELF - WHY DOES THE DIVORCE INDUSTRY SO AVIDLY SUPPORT MIKE MICHAUD? Why are lawyers, law firms and the judicial branch supporting Mike? The financial investment they are making in Mike Michaud is an investment in keeping the family court as we know it. It is an investment in their retirements, their children's education and their way of life.

Take a look at some of Mikes supporters:

Michael Asen Esq (MittelAsen) - has helped fund raise for Mike on several occasions - 07/25/2014; 08/11/2014; 08/14/2014;

Michael Asen Esq has also been quoted by the Portland Press Herald as saying “My highest priority is making sure we don’t have another four years of this governor.” in an August 12, 2014 posting and referring to Gov. Paul LePage. Remember Gov. Paul LePage signed the Dutremble bill LD 872 "An Act To Improve the Quality of Guardian ad Litem Services for the Children and Families of Maine" which the Judicial Branch hated as did lawyers and Guardians ad litem. Michael Asen Esq is also the chair of fund raising for Maine lawyers who like "Mike".

Diane Dusini Esq (MittelAsen) - has helped raise money for Mike on at least one occasion - 08/11/2014. It should be noted that is also the President of the Maine Bar.

WHY DO THEY LIKE "MIKE"?  You can bet that it isn't just out of the goodness of their hearts, and it isn't because the divorce bar wants our kind of Family Court or Guardian ad litem reform.  They expect that "Mike's" "pay back" for their financial bucks will be strong support for the "divorce bar".  Keep lawyer privilege!  Keep our family courts as they are - a gold mine for lawyers and the Divorce Industry. Keep consumers out of this unregulated "industry".  "Mike" has a political  reputation for being an obedient,  good, ol boy. The divorce bar and their good friend, Senate President Justin Alfond ( 07/21/2014; 08/11/2014; 09/23/2014 ), are banking on a tight relationship with "Mike". Alfond is reported to have already told Senators in his caucus, enough already with GAL reform; the lawyers don't like it!

WE'D BET THAT MANY WITHIN THE JUDICIAL BRANCH ARE ALSO SILENTLY SUPPORTING  "MIKE" TOO (and not just their "prayers and good wishes"!). He is their kind of guy; supporting the interests of the "divorce industry" and will not supporting Family Court or GAL reform - just exactly as they are.

DO YOU SUPPORT THE "DIVORCE INDUSTRY"? A vote for "Mike" supports the divorce industry and perpetuates our victim hood in Family Courts. Use you precious vote thoughtfully, carefully and in the best interest of our children. Your vote can make a difference. Please, friends, anyone but "Mike" for Governor of Maine, please!

We'd also say, check out where our candidates for the Maine Senate and House of Representatives stand on our reform issues. We're splitting our vote on these candidates depending on whether they support our family court and GAL reform positions. For us, it's not about Republican or Democrat; we call ourselves "Childocrats"!

JOIN THE CHILDOCRAT PARTY TOO!

NationalGALert is a grassroots organization and like minded people who have a vested interest in the states Family Court process and reform. Please feel free to contact us at NationalGALalert@gmail.com or find us on Facebook.

Wednesday, July 16, 2014

UK - Cuts to legal aid force parents to defend themselves in family court cases

Not all that long ago 43% of the parents who showed up in Family Court were representing themselves. Last year that figure rose to 58% of the parents. In the UK there is a growing concern about access to justice as this figure for self representation continues to rise. Yet in the US there is little to no public concern yet - about access to justice. The problem is far worse in many states than in the UK. 85%, 84%, 74% and so on is the percentage of parents in the US representing themselves and this figure continues to rise.

The Independent

The number of parents forced to represent themselves before the family courts jumped by 20,000 last year following the withdrawal of legal aid for almost all family cases, official figures obtained by The Independent show.

The increase means that for the first time more than half of parents - 58 per cent - went into court without a lawyer fighting their case in 2013/14. Many were mothers from poor backgrounds.

In the previous year, before legal aid changes came in, just 43 per cent of parents before the family courts were not represented by lawyers.

The Government argued that cutting legal aid to family law would mean parents solved their disputes through mediation rather than battling in court. But in fact, the new figures show there was an annual increase in the number of parents resorting to the courts for child contact and residency battles after legal aid was withdrawn for most private family law issues in April 2013.

For further reading: The Independent


Monday, June 2, 2014

Missouri - Alicia Napalan - Money means custody in Family Courts

By Alicia Napalan
West Plains, Missouri

Recently I went through a divorce. I was unable to afford an attorney, while my ex-husband was. I was denied legal aid, twice, due to a lack of funds. My husband was granted full custody of my four year old son. I have one weekend of supervised visitation. I have to pay him $100 per each visitation. As well as $3500 for his attorneys fees in 60 days. All because I was expected to have the same amount of knowledge in representing myself as someone who spent years in law school. I have a job, a car, my own place, I don't do drugs, and my son wasn't abused. Clearly, justice can't be done when one party is represented while the other is not.

In the large amount of time I spent in court, I saw crying mothers over and over, asking the judge what to do, and repeating that they can't afford an attorney. And the judge is only allowed to respond with, "you are expected to know, if you represent yourself. I cannot give you legal advice." The Legal Service Corporation is largely responsible for the funding for state legal aid programs. Even though the budget is 350 million, with supplemental funding from LSC, the total amount of legal aid available for civil cases is still grossly inadequate.

According to LSC's widely released 2005 report "Documenting the Justice Gap in America: The Current Unmet Civil Legal Needs of Low-Income Americans", all legal aid offices nationwide, LSC-funded or not, are together able to meet only about 20 percent of the estimated legal needs of low-income people in the United States.

I lost custody of my child, because I could not do enough research on my own, to stand up against an attorney who had been in practice for years. Hard solid evidence I had was not accepted by the judge because a lack of foundation. 90% of what came out of my mouth was objected to. All on top of the fact that I have social anxiety, and fear of speaking to people and crowds.

I'm requesting that Congress grant more funding for LSC so that more low income families may have a chance at justice. So those extra funds can trickle down to all State Legal Aid programs. It wasn't a piece of furniture I was fighting for. It was my child. And I lost him because I lack funds.

I'm terrified of the emotional Impact It will have on my child being away from me. If I miss my deadline to pay for my visitation, my ex-husband refuses to let me see him. And its getting increasingly harder to make that deadline because he is garnishing my wages for the attorneys fees the judge granted I pay him. I believe with an increase in funding for legal aid services, more families will have a chance at justice, and be spared the same hardships I'm going through.

Alicia Napalan can be found on Facebook. Alicia represents a significant problem that is growing daily. Access to Justice within the Family Court system. The national average of 'Pro se' representation is over 50% with some states over 75% of parents representing themselves (Maine 74%, Connecticut 82% and New York at 85%). This is a two tiered system of justice between the haves (those who are able to afford legal representation) and the have not's (those who are not able to afford representation). NationalGALalert is trying to bring about reform to the Family Court system. If you are interested in helping then please contact us at NationalGALalert@gmail.com of like us on Facebook.

Wednesday, April 2, 2014

Connecticut - Emotions Run High At Hearing on Guardian Ad Litems - SB 494


In another emotional and charged scene parents once again spoke to their Representatives at the Judiciary Committee regarding a bill that was before them - SB 494. This is how as a parent you can bring about change to an abusive system. While your own personal experience my be compelling it alone will not bring about the change needed to reform Family Court. Parents/ consumers in Connecticut have succeeded - regardless of whether this bill goes far enough or not. Change is coming and it takes time.

CT News Junkie

Rep. Dan Carter, R-Bethel said he remembers the first time he had a constituent bring the issue up to him.

“I thought she was off her rocker. She was sending me so much information that I couldn’t absorb it. I finally spoke to her, I sat down and got to know her,” he said. “I found out that this group of people may appear nuts to us. You know why? Because they’ve lost their kids. Because they’re victims of what they feel like is an unfair system.

Many of the parents believe the family court system fosters prolonged custody battles for the benefit of the guardians and consultants affiliated with the court. Some reported GAL bills in the tens of thousands of dollars.

Colleen Buden told the committee that “parents are treated like criminals” in family court.

“Almost all the cases are the same. It’s the Connecticut family court playbook — the targeted parent is accused of having a mental illness. At that point the targeted parent hires professionals to fend of the allegations but once you clear one allegation along comes another. It’s endless. Most allegations come from the guardian ad litem,” she said.

Full story: CT News Junkie


Monday, February 24, 2014

Utah - Bill that would provide jury trials in parental rights termination proceedings advances to House

Desert News

SALT LAKE CITY — Legislation that would give parents the option of requesting a jury trial to decide whether their parental rights should be terminated cleared a House committee Friday.

The House Health and Human Services Committee voted 5-4 to give HB318 a favorable recommendation.

The bill's sponsor, Rep. LaVar Christensen, R-Draper, said the legislation is intended to uphold parents' fundamental liberty interests guaranteed by the Constitution.

"You have state officials, whether it's the attorney general, the guardian ad litem, (the Division of Child and Family Services) or the juvenile court themselves, they're there repeatedly. This is what they deal with. Then one individual comes in wanting due process of law. One individual comes in wanting to know their constitutional rights will be honored," Christensen said.

Full story: Desert News




Thursday, December 5, 2013

Pennsylvania - Man Accused Of Lewd Behavior Inside Family Court Office

Should this be considered normal behavoir? Is it being handled in an appropriate manner? If this was a parent in a divorce/ custody case that parent would be strung up and loose custody of his/ her child.

my fox philly

A child social worker who is a contractor for the Philadelphia Family Courts on 18th and Vine has been arrested for a disturbing crime.

Several sources tell us the man was caught masturbating inside his courthouse office while watching pornography.

Even more disturbing he was witnessed through a street window by two students at Hallahan Catholic Girls High School.

The man was in his office when around 7:15am on November 21. He was seen by the two students and one teacher walking to school across the street. Police were called immediately.

We've been told by 2 sources that the man is no longer working at family courts.

Full story and video: my fox philly