Here is the general overview of the class-action complaint packages
that each Coordinator will receive:
Included within each state's class-action package are the following
pleadings/filings:
- Civil Cover Sheet
- Civil Summons
- Civil Appearance
- Uniform Case Management Plan
- Uniform Case Management Plan Summary
- The federal class-action complaint (a very lengthy title; see below for
more details of the complaint itself)
- Verified Motion for Class Certification
- (optional) Verified Motion for In Forma Pauperis
(optional motion for "pauper" [no fee/costs] status)
- Verified Motion for Multi-District-Litigation
Jurisdiction
The class-action verified complaint and petition for damages and relief
includes the following sections:
A. PARTIES - describes the individual principal plaintiff
(per each state) and his or her "Class" - the NCPs - and the state itself as the
responding party; sets out and meets the four requirements for certifying
the Class existence
B. JURISDICTION AND VENUE - sets out all of the numerous
jurisdictional statutes and Articles under the US Constitution; these are many,
but they are only the jurisdictional grounds for venue in federal courts,
not the grounds for the numerous causes of action, which are done in section D
below
C. NATURE OF THE CASE - provides the general overview of
the issues, legal theories, and arguments of the case, as well as briefly
describing the various forms of relief sought by the Class plaintiffs (the
"noncustodials")
D. CAUSES OF ACTION - this is the main "meat" of the suit,
going through each individually violated right committed by the defendant state
against all fit NCPs in general; starts with all the grounds for each action
under the US Constitution, and continues with all the individual grounds for
action under each applicable federal statute, i.e., "Count I", "Count II", and
etc.; see below for more details and outline on the various Counts
involved
E. REQUESTS FOR RELIEF - listing of the various forms of
relief that the federal courts should legally provide; which are all fairly
straightforward - including:
- (1) all natural fit parents who are currently active in
their children's lives shall be declared equal custodials, with all rights and
responsibilities commensurate to that equal status [including 50/50 time plan,
full joint legal custody, and etc., unless otherwise mutually agreed
through subsequent binding order of the individual corresponding
state court];
- (2) all natural fit parents who are not currently active
in their children's lives shall be immediately given reasonable opportunity to
become consistently active in their children's lives, and if certain criteria
are met, then those parents shall be also elevated to the full
equally-custodial status - again, with all the rights and
responsibilities commensurate to that equal status [same as above];
- (3) unless mutually
agreed otherwise through subsequent binding order
of the individual corresponding state court, the previously-sole
custodial parents who moved the children more than 100 miles away
from the original residential proximity must pay for all future travel costs
of getting the children to regular visitation exchanges at a point within the
original residential proximity, and their own expenses, if any;
- (4) unless mutually agreed otherwise
through subsequent binding order of the individual corresponding
state court, all visitation exchanges by equal-custodial parents living
within 100 miles of each other must be done at reasonable "half-way"
points, with the costs and arrangements of transportation for the children to
exchange points borne by each parent on their "turn", and their own expenses,
if any;
- (5) arrangements for reasonably immediate make-up of
all previously state-ordered "visitation" time unwillingly lost or missed
within prior six months for all parents who will remain noncustodials;
- (6) child support orders shall be abolished for all above
equally-custodial parents, while child support orders against parents who will
remain noncustodials must be re-examined and corrected to within reasonable
limits upon the filing of a verified petition for the same by the
noncustodial parent; "reasonable" expressly to mean including the assets,
debts, incomes, and other financial needs and resources of both parents plus
the new spouses, cohabitants, or "domestic partners", of each, if any - i.e.,
true household finances v. true household finances; further, that all
child support orders, including any garnishments or arrearages existing
because of such child support orders, shall be strictly based only upon the
pure needs of the child(ren) that are separate from, and in addition to,
either household's regular expenses - i.e., neither parent shall be required
to pay, as part of an order for child support, for any portion of the other
parent's rent, mortgage payments, residential taxes, renter's insurance,
homeowner's insurance, utility bills, and/or like expenses;
- (7) all criminal prosecution convictions and civil
contempt punishments obtained against noncustodials, that were in regards
to child support orders, and that also involved imposition of any form of
incarceration, shall be vacated, overturned, or otherwise declared null
and void; further, all revocations, terminations, and suspensions of
drivers licenses, passports, professional licenses, and etc., that occurred in
direct response to any actions under child support enforcement shall be
vacated, overturned, reinstated, or otherwise declared null and void;
- (8) upon a formal showing of the "preponderance
of the evidence" by the noncustodial, that any child support order previously
entered by a state court was, or is, unreasonable, due to substantial
inability to pay, or to an otherwise similarily manifest situation (including
amounts of child support orders made in violation of state or federal law
maximum limits, and/or by accrual of arrearages based on orders in violation
of the same), such child support shall be recalculated
- (9) all current and future actions against a debtor
parent for child support shall be only civil in nature, and only adjudged
under knowingly, intentionally, willfully, and/or recklessly failing to pay a
reasonably calculated lawful amount towards the support of their child or
children ("reasonably calculated" per parameters discussed in request for
relief #6 above), and that all punishments for such proven nonsupport shall be
also only civil in nature, but can include executable judgments against any
and all existing and future assets and finances, tangible or intangible, and
with no form of income, or any other asset, including retirement accounts,
stocks and bonds, shieldable in any way from execution and/or garnishment;
further, and in consideration fo the above, the Class will agree, under
General Release, to waive all rights to suits for malicious prosecutions
and false imprisonments against the Government, and/or its Officers, due to
any aspects of the above incarcerations, in fair exchange for declaration of
express subrogation rights of the affected Persons to suits against
- (10) "Safe Haven" visitation exchange centers shall be
immediately - or sooner - setup and maintained in every county of every
state, with multiple centers provided in counties with general populations
exceeding 50,000 - one additional center provided for each 50,000 - or portion
thereof - in general population over the initial 50,000 - and kept
current in number of centers according to bi-annual US Census Bureau
estimation, and corrected as necessary per ten-year Census data;
further, that each such center shall be staffed by no less than one
heterosexual female adult, together with no less than one
heterosexual male adult, during all times of operation in
actual hours provided for visitation exchange activity; further, that all such
staff shall undergo and successfully pass all appropriate background checks
prior to receiving employment at such centers, and shall undergo and pass the
same on an annual basis [Note: the "50,000" number is still being
researched for its appropriateness, and will be finalized before
filing]; further, that each such center shall maintain no less
than ninety (90) days of current records regarding the
attendance and promptness of each pair of parents in performing their
visitation exchanges at such center, and that either parent, their attorney
(if any), and/or any qualifed licensed professionals with documented interest
in the particular visitation exchange relationship, shall be provided with
copies of such records immediately upon request
- (11) any custodial or noncustodial parent shall be
granted access to, and use of, the above-referenced "Safe Haven" in the same
proximity of their appointed visitation exchange, upon pre-registration and
confirmation of sufficient advance notice to the other parent given prior
to their next scheduled visitation exchange, and shall be allowed regardless
of the reasons for desiring a neutral visitation exchange site
- (12) in all situations other than when minor children
have been formally and legally adopted, existing names and surnames of minor
children may not be changed, even by court order, without full and
voluntary mutual agreement by both natural parents; further, that any such
change occurring within the 24 months prior to the filing of this action
shall be reversed, upon the filing of a verified petition by either parent
showing that such change was not performed in accordance with voluntary and
mutual agreement by both natural parents
- (13) asdf
- (14) asdf
F. SUMMARY AND CONCLUSION - summary rehash of the
violations committed, the inescapable conclusions of law demonstrated, and
the various forms of relief that are necessary to correct and compensate for
wrongs done
G. VERIFICATION - the individual principal plaintiff
declares and signs his or her affirmation to the truth of the allegations of
violations that were detailed earlier in the complaint