LAST UPDATED:
02-21-08
Frequently
Asked Questions:
1. Where
is the Classactions announcement webpage with several other links of info
located at?
2. What
are the biggest differences between the older, state-based classactions, versus
these newer, much more powerful county/city-based
classactions?
3. Why should everyone support the
Classactions, Regional Conferences, July 4th events, the DC Rally the BikeTrek,
and etc., as "total picture" movement actions during this Spring and Summer of
2008?
This year, calendar year 2008,
specifically this brief time period between now and November, represents a very
important and fleeting opportunity, all coming together at precisely the right
time to take advantage of a social climate poised for new ideas and fresh blood,
a new way of thinking... I won't go into all of the things over the past few
years that have given the general public a "bad taste" about government leaders,
the debate over preserving that near-extinct species known as "marriage" by
constitutional amendments or otherwise, the doors cracking open into the
mainstream media and a spinkling of politicians, the Baldwin ripple of parental
alienation thru the news, the ongoing Britney custody circus, and/or the
taking into consideration of the total political environment of this country at
the moment, especially with the most important Presidential elections, ever,
coming on soon... No, instead I will just emphasize again, as strongly
as I possibly can to you, that now is the time -
right now - to throw
everything we have into the series of these particular national events that have
all come together at just the right crucial moment in time... This is
soooo important..!
4. Is there anyone that is able to assist me with
my own personal court case?
Probably, depending upon your own available time
and resources. As a natural by-product of the classaction logistical structure,
a pro se legal
network is now developing. Some legal scholars are already available to be
hired by movement people, but you need to have
papers organized. Start here.
5. What
are the basic qualifications for joining a county/city classaction
lawsuit?
These are the basics: By the true law, at the
moment a child is "liveborn" (i.e., not stillborn), both biological parents
have fully vested physical and legal custody of that child. That existing set of
natural custody rights cannot - Constitutionally - be interferred with, at all,
ever, not even temporarily, unless a court first found you clearly, seriously
unfit to adequately care for your child. It has to be very serious stuff,
though, to be Constitutionally-compliant. And with good, solid proof of serious
neglect and/or abuse. Real serious stuff, not that "he said, she said" stuff
that is used all the time in family court... So, therefore, if you are a
biological parent deprived of your child custody, even temporarily, without
having had a full due process "unfitness" hearing, either on its own, or as part
of a custody process, then your existing child custody was taken from you in
violation of your Constitutional Rights. It was an unlawful order, and you
are entitled, by law, to have that corrected, and/or to be compensated for the
damages unlawfully inflicted against you. The minor child also had a
corresponding right to always be nurtured and companioned by his or her both
biological parents, and is entitled, once reaching the age of majority (18 under
Federal Law), to sue for compensation and/or correction. Since neither the minor
child can any longer receive "correction" for his or her own loss of
deprived childhood for the past years, once an adult under Federal Law, being at
least 18 years old, his or her only option for relief at that point is to sue
for damages (compensation money). The same may or may not be true with a
victimized parent, although while at least one child is still a minor, that
parent can also still receive "correction" by restoring the parent-child
relationship to its fullest available under the law -- equal, shared, 50/50
time, when the situation is from a divorce or paternity "regular" custody case,
or full restoral back to the biological parent(s), when the situation involved a
child protection services matter. In addition, all of these "services" (family
courts, child protection services, and all of the ancillary "services" provided
by other agencies and etc. to these units) are funded by a combination of state
and federal taxdollars. Because it is unconstitutional for these "services" to
use our taxdollars in an unlawful manner (violating U.S. Citizen's due process
rights in a standard pattern or practice), every taxpayer has a straightforward
legal right to walk right into any federal court, and demand that the federal
judge order that those state "services" cease and desist (stop) using taxdollars
on unlawful practices.
So, therefore, if you are any currently-victimized
"noncustodial" biological parent from a divorce or paternity custody case (your
child is not fully emancipated yet, child support is still going, and/or etc.),
or any parent currently being victimized by child protection services (your
child/ren is/are still minors, and you don't have them), and your child custody
was taken away in violation of full due process, you are eligible. This includes
the vast majority of all "movement" type people. If you were a child under
either of the above situations, and are now at least 18 years of age (federal
law "adult"), and still not over your mid-twenties, you are most likely
eligible. If you are in your mid-twenties (23 to 26?), it all depends upon your
State's statute of limitations, and how long it has been since you were
"emancipated" from the previous court order stuff, Dad or Mom stopped having to
pay child support, and all of that stuff. The same is true for all victimized
parents whose kids are now adults over 18. For more details on the eligibilities
of these various "what if" situations, and for taxpayer information, and for
where and which counties and/or cities you qualify for (generally two places for
many "displaced" parents -- the county of current residence, and the county of
case jurisdiction), please go
here.
6. Will I
have to go to court at anytime? Will our cases involve any
professional attorneys?
Most likely not, any maybe only if you are a
leading figure in the lawsuit, and/or want to. You have to remember that the
minimum number of people in any of these cases will be at least 40 people, and
the maximum potential number of people, in the most populated US counties and
independent cities, goes clear up into the millions. Even with only a
mere 40 people, that's enough that the federal court judge, and his/her clerk
and immediate staff, will not - willingly - want to administer that
many "entities", and that many copies of everything, and etc.... The federal
court systems themselves will very likely act to have your case declared a
classaction, so as to better administer it. Even for periodic events along
the way, like status conference hearings, motions hearings, pre-trial, and at
trial itself, your group can choose one of three (3) representation options:
(A) remain totally pro se, without any attorneys, and
stay in total control of all paperwork, strategy, response choices, and
everything; or, (B) request the court to appoint
"standby" counsel, which is an attorney that appears strictly on hearings and
conferences, and the actual trial, for all of the speaking-to-the-court stuff,
but the group still retains control of writing motions and responses paperwork
and etc.; or, (C) request the court to appoint full
counsel, which would be an attorney to take over total control and handle
everything, with or without your total agreement, by the way.
We strongly recommend choosing either option (A) or
(B) only, as there should be plenty of pro se legal scholars within
your own group, as it gets going, and before your group actually files its
classaction into the local federal court. Also, there is the state and national
legal team members to help back your group up with any needed paperwork as your
local classaction case progresses. We recommend avoiding option (C), unless your
group believes it absolutely necessary, as you lose almost total control of your
case to the attorney appointed by the court. These three options will be
included in the distributed legal packages out across our national Yahoo
system.
7. I live
in a different State than where my case is at. How do I
participate in that classaction lawsuit, by mail or
otherwise?
It is very important to keep in touch,
online, through the
Yahoo Group for the county or city that is of interest to you personally.
That is where you can stay informed of all important
events and processes. There will a power of attorney method provided so that you
can participate long distance for the classaction that involves you. By being a
member of that Yahoo Group, you will be able to receive the necessary
paperwork when it is time, and mail it back to the respective Team Leader.
Depending upon local resources for that Team Leader, it may also be possible to
work through faxing and/or scan/email, although faxing cannot be used for
"original" legal papers... those beginning papers must all be physical
copies, hand-signed, etc., that will most likely have to be mailed, if
you live far away from the County (or Independent City) in
question.
8. What
about finding the sheer number of people needed to make this work
better?
First, please read the "Massive Electronic
Public Blitz Coming" section about halfway down on this page. Then, you
will start to understand how big this really is. People will be flooding into their own local county/city groups, as a
result of the massive electronic communications. We won't really need to "look"
for enough people - there will be more than enough, enough to
need our national communications framework "buffer" just to handle that
much e-traffic... However, standard "movement" activists may want to take
advantage of this
5 page PDF battle manual, and the tools available here to find
other plaintiff-type people immediately, already, for any purposes.
9. Where
do I find my local county/city Team Leader and Yahoo group of people, so that I
can join and stay informed of what is going on?
On the main classaction page,
simply click on your own State link, and then, on that next page,
you can see the name of your own County or City on the left, the local Team
leader's name and email address in the middle of the table, and the clickable
link on the right to go straight to your own County or City Yahoo Group.
You must join your own County or City
group(s) to receive the necessary paperwork(s), as all initial
distribution of legal packages will be done electronically through the Yahoo
system of Groups. Another way to guess the website address for any given county,
is to follow the typical naming pattern for almost all county groups: "NCP" +
<the postal 2 letter state abbreviation> + <the county's name>. This
works for most groups. For example, the Yahoo Group for Hendricks County in
Indiana would be named: "NCP-IN-Hendricks", and the actual Yahoo Group website
is: http://groups.yahoo.com/group/NCP-IN-Hendricks
(the County that caused all of this national uproar).
10. What
will the actual paperwork process be, for everyone, everywhere, and what exactly
will I need to do?
The legal team consists of three different
"sections", with the national core legal team working on the common things
under federal law, for the standard packages to be distributed, and similar
common-to-all-States needs as they may arise throughout these processes.
Also, within the Leadership of every State, there are 2 or more pro se
scholars experienced with their own state law, and with the local federal
District rules and law. There is further a cross-section of these two "levels"
of people watching over legal aspects under each of the 11 different federal
Circuits involved nationwide. In addition, many County/City Team Leaders know a
little something about the law, too.
In late June of 2008, the national legal team will
distribute the total standard "core" legal package out to all of the Circuit
Teams, who will tweak per Circuit stuff, and forward to state-level leaders, who
will then make their slight tweaks to a few paragraphs to properly reference
their state's particular tax structure, and a couple of state-specific items.
The state-level leaders will then forward on their tweaked version of
the package to all team leaders of counties/cities within their own
state, who will take the package, and swap out some names and stuff to reflect
the local federal court, their own local county name and local
judges/etc. as defendants, and a process for naming all plaintiffs, including a
checkbox affidavit for the types of plaintiffs (ncp, cps, young adult child,
individual taxpayer, business taxpayer, etc.) The county/city team leaders
will keep most of the main package with them, and distribute out the few
"individual" form papers out to their own county Yahoo Group, so that members of
that county/city group may print, sign, and get their own simple
Appearance, one of these checkbox Affidavit forms, and the
limited Power-of-Attorney form (just to let team leaders handle the case
for you, without you having to be directly involved with signing all of
the rest of the paperwork in the future) back to the local county/city team
leader for inclusion into the total package to be filed in your local federal
district court.
By joining and remaining on your local county/city Yahoo Group, you will be able to
stay informed as to the progress of your local
classaction lawsuit, and news of a national nature as distributed thru our
Yahoo network.
11. Why
should I join my county/city's Yahoo Group of people in filing a
classaction?
If you are a victimized parent or child, yourself,
you already know that the family law system is totally broke down,
that there really is no "best interest of the child", since the system is, and
the results are, largely driven by greed of money, and that there
is no meaningful recourse available wthin the higher State court appeal
systems, which continue to allow and condone the numerous,
horrific examples of trial court injustices, rubberstamping for the
system, in a never-ending vicious cycle... The judicial atrocities that "We
the People" face, in furthering the interest of a State's appetite for
an ever-increasing share of federal funding taxdollars, is way
beyond any common sense and reason. The over-generous Feds are lavishly
paying our States to destroy our families, and they know it... and, at the
expense of every taxpayer, too. And that's twice,
if you count all of the costly destruction that society gets to also
pay for (later) in return for making "sole custody" the norm in
divorce/paternity cases, and in like return for child "protection" social
workers (who work on commission, by the way) removing children in the
night from their parents. These social disasters include documented facts like
our kids becoming 5, 10,
15 and higher times more likely to commit suicide, become
homosexual, be involved with gangs and violence, end up in jails and prisons,
cause teenage pregnancies, school dropouts, and all of that ... which costs
society, and, therefore, the taxpayers - you - a whole
lot of money that is much better put to other purposes, than driving the
growth of the Divorce Industry since the early 1970's... The attorneys are
hustling their invented chaos for billable hours, and creating
one hell of a mess for our society for their immediate profits, and
most of them know it... The procedures in place within State family law
systems are manipulative, ignore our Federal Constitution, ignore every State's
own Constitution, and shred the people's rights to bits and pieces on a
daily basis, and upon a very grand scale - all across America. The
trouble is, though, that government-corporate ownership and other controls
of mainstream media keeps the problem virtually blacked out, and the
average American doesn't know much, if anything, about this widespread and
terrible devastation, only because it hasn't hit them or someone they know,
personally... yet... Every parent, every grandparent,
every adult child of these calamities, and every single American
Taxpayer has an obligation -- an obligation to our country, and to our
children's generation -- to stand up, together, and tell them "enough is
enough"... No man is above the law, and everyone is entitled to equal
protection of the law, too... Let's make sure that happens this time,
together... If you or someone you know has been attacked by the Family Court or
Child Protection Services "authorities", please refer them to where they can find their
own local county/city Yahoo Group. Please do your part to spread the word.
Thank you.
12. What
kind of other organizations and people are already involved with the
classactions?
This event is HUGE. And, the network to support is
already HUGE... There are already volunteers listed as county/city team leaders
across the entire country, from many different due process reform organizations.
Remember, there are hundreds and hundreds of
people already listed as leadership, nearly 900 as of Feb 21, 2008, and they
come from just about every "big" reform organization out there you can think
of... It wouldn't even be fair to start listing just some of them, and trying to
decide whether to list several alphabetically, or by largest influence, or size,
or... If you really like, you can get a general idea, by please taking
a look here.
13. Where
is the federal court that my own classaction lawsuit will be filed
at?
You can easily find the local federal courthouse
for your particular classaction right here. Just click the map, or
input any of several search methods, like zip code. Some States have more than
one "District", which covers several to many counties. In more populated areas,
a District may have more than one "Division", which are usually located at the 2
or 3 or 4 largest cities within that District. On the above link, when you get
your search result, you will be able to go to the website of that federal court
DISTRICT. Once there, you can check to see if there are different Divisions,
and, in either case, find out the exact address, review local rules and law,
actually get onto the online system to watch your classaction lawsuit case files
(motions, orders, etc.), and etc... Handy!
14. As a
victimized parent, will this have any immediate legal effect on my own
individual custody case?
"Yes", and "No", and possibly "Yes"
again... And, just plain "Yes", if you actually want or need it to...
Obviously, a national kickoff of people filing
classactions across the entire country, representing counties and cities for 90%
or more of the US population, will certainly raise the attention of family court
judges everywhere, so, in that sense, you can be almost certain that anything
going on currently in your case against you falsely will be put on "hold"
("continued"). Maybe. Yes, maybe very much so... However, in the strict legal
sense, your direct participation in the pending local federal classaction
lawsuit doesn't necessarily - directly - involve your own state/county/city
family law case... per se... at least, not until the federal court would make
temporary and/or permanent orders that affect your own case, like
declaring all certain state custody case orders null and void, at least as
respects the actual child custody part of the order(s), for violating
your constitutional and due process rights. So, unless the federal
court makes any temporary orders purporting to "stay" either all state custody
cases, or maybe only all state custody cases that involve
the classaction parent plaintiffs, then your case is not - yet -
affected. Also, you could file a "Notice" into your own custody case, of
your participation in the filing of the classaction against its own unlawful
processes, and a "Demand" motion for that local state/county/city family court
to stay all of its own proceedings, pending the outcome of the federal
classaction case. The national legal team is considering this additional
possibility, along with the potential inclusion of what is known as "removal"
under federal law, and may very well distribute such paperwork
packages out to all levels and people, as either a part of the originally
distributed packages, or sent sometime shortly after the classactions are mostly
filed the first week after Parents' Day. If you would like to consider a removal
to federal court all on your own, you can examine some of the topics discussed
on this page.
However, you should wait until the rebuttal challenge to Georgia v.
Rachel is done, first, and incorporate that. It will be posted in
the exact same place when done, and distributed as an option for all
[civil rights standing] plaintiffs -- the NCPs, CPS parent victims, and the
now-young-adult kids of both of those messes -- to file their removal into the
classaction along with their corresponding notices with attachments back into
their own state custody case. Use that option if, at the time your local
county/city classaction case gets filed, there is something bad storming up in
your custody case against you, like a corrupt contempt action threatening jail,
etc.
So, the short answer, again, is "Yes", and "No",
and possibly "Yes" again... and, "Yes", if you want or need to on purpose.
But, regardless, you need to show unity and solidarity, and help
take back our country's basis of freedom of family, for the very near
future of our own children's generation... Do it now! Get involved.
15. Can
my friend's business actually be a Taxpayer
Plaintiff in these classaction lawsuits??
Yes, it's true... Your or your friend's business,
large or small, corporation, partnership, sole proprietorship, trust fund, or
nonprofit -- a total of over 6 million which filed tax returns last
fiscal year, according to the
IRS -- may file right into their appropriate, local classaction as a
bona fide Taxpayer Plaintiff in its own right and legal standing. Again, because
it is unconstitutional for the family court and child protection "services"
to use our taxdollars in an unlawful manner (violating U.S. Citizens' due
process rights in a standard pattern or practice), every taxpayer -- including
every taxpaying business entity -- has a straightforward, legal right to walk
right into any federal court, and demand that the federal judge order that those
same law-breaking state "services" cease and desist (stop) using taxdollars on
unlawful practices.
Since any taxpaying business can be a co-plaintiff
alongside every victimized parent, every adult minor child who has aged out of
the system, and every other individual taxpayer, this presents a windfall of opportunities for public or private
cooperation. This means you can freely speak with businesses about filing with
us, too, and provides almost infinite possibilities for negotiating corporate
sponsorship, media-friendly public events, and etc., etc.... Let them know they
can be equal taxpayer plaintiffs in our classactions. Every corporation,
partnership, sole proprietor, trust fund, and non-profit that filed an
income tax return with the IRS (paid any taxes) in the past year is
eligible to be a plaintiff in the county/city where it is physically located,
and if it has multiple locations, then it can join multiple classaction
lawsuits, respectively!
16. If my
question isn't answered above, is there any way to contact the leadership,
starting with my local leaders, to see what I can find
out?
Yes, there is. If your question is not answered
above, then you can try the step-by-step contact ladder here. Please be respectful
of the chain of command, and that your local team leaders likely have additional
information that applies to you and others like you - that is, any special local
information - that the state and national team leaders simply would not
have...