Protected: In the Name of Justice

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Where There’s a Will

The Will of a Loving Parent

Where there’s a will, there’s a way.

We believe that to be true, but another way to put it, especially if you’re caught in a family conflict or in our court system, is where there’s willpower (and a fat checkbook), there’s a way to avoid accountability and even to harm an innocent party.

In every jurisdiction we’ve studied, multiple cases have surfaced in which innocent parties – especially parents – are being set up to fail.  This happens frequently in the form of false allegations of some form of abuse or fraud, targeting the innocent party to take the blame and the consequences of the party actually breaking the law and doing damage to the children and other parent.  Our mission began with sorting out why this was happening in family law or domestic cases but the same foul play occurs, of course, in other types of cases.

Our priority at My Advocate Center is the children who are caught in these battles and getting dropped through the cracks in our system, regardless of which court or which type of process is being used.

When children are suffering because someone they need is being intentionally and wrongfully targeted for failure, and when a judge, attorneys, guardians and especially DOCTORS just stand by or even participate in this foul play, we should all stop what we are doing and do not pass go until this problem is solved. And that is where we are in Georgia.

To learn more, to offer support, present a useful resource or to report a case, contact us here.

The Rights of Children

Should children have rights when parents and other family members fight?

Needs of Children_Freedom to Know Their Parents and Be Protected

Excerpt of material borrowed from Jennifer Baker PhD’s article on this case of child abuse and deprivation:

“Barbara Bennett Woodhouse  is the L. Q. C. Lamar Chair in Law at Emory and serves as faculty advisor for the Barton Child Law and Policy Clinic.

She is one of our most eminent scholars on the topic of children’s rights. She has developed an account of five basic human rights that represent what other experts agree is crucial to the well-being of children. (Please read her excellent book on children’s rights, here(link is external).)

These are: privacy rights. While we are familiar with how these work in regard to adult lives, for children, “the basic unit of privacy is not the individual but the relationship between the child and the caregiver. “ Children, in other words, need us to respect their relationships and their capacities to form relationships.

Agency rights. Children develop voices and they have agency. They need to have a voice in matters that affect them, even if “they are not ready to take responsibility for the ultimate choice.” Children are both citizens-in-training and valuable in their own right, as they are.

Equality. Children, dependent on communities as they are, deserve access to the necessities of life that other children in the community are given.

Dignity. Children are their own persons, and “laws that penalized innocent children for the sins of their parents,” as existed in the Victorian era, have come to look “inhumane.”

And finally, protection rights. Civilization depends on the weak being protected from the strong. Situations where children are put in danger of harm violate these children’s rights.

Woodhouse explains that children’s rights flow “from the same set of basic values” that give adults rights. We cannot, in other words, pretend adult rights are on some firmer basis than those of children.”

Do you agree?

Let us know: MyAdvocateCenter.com

Use your voice,

Deb Beacham

 

Psychology Today Contributor Gets It

No, it’s not your imagination. You heard correctly: a judge ordered children into a detention center and then into a special “camp” because they reported on family violence and asked to not be subjected to further abuse. The children spoke up because they did not want to be separated from the parent protecting them.

This issue is not about gender but about ignored facts and profit motives of certain professionals; it is just a game that is played in family court, and it harms mothers, fathers, grandparents and always the children.

At My Advocate Center in Atlanta, Georgia, we have been receiving data from and reporting on cases involving (equally) damages to good fathers and to good mothers, cases in which nothing makes sense when you look at the facts and available evidence and testimony.

The gender war (along with racial bias) is encouraged by the professionals profiting from the conflict, so that one group believes the other is benefitting from a bias or “unfair advantage.” Money does often play a role, but it is not always the person with access to money and status who is driving or benefitting from the foul play. This is why our data and reports are valuable to authorities, and why we support both professionals and parties in organizing facts and outcomes; it is overwhelming for those subjected to this misconduct, and even to professionals trying to unwind the case and assist the victims. You might not see who is causing the damages, how they are doing it and how it is being covered up if you do not look closely enough, or look at enough cases, including transcripts, billing records and custody reports (if the report has not been put under seal, if the transcripts are accurate and complete, and if the billing records or file are not withheld.)

The Michigan story this Psychology Today writer reports on could almost as easily be featuring a father who has been wrongfully separated from children who have asked for protection from their mother. That is the situation in an Augusta case covered by The Augusta Chronicle. It was not the father who was violent (per DFCS records which were hidden from the father), the child did testify on his behalf as did a competent, ethical guardian, but the facts and the needs of the child were ignored…while the father was stripped of everything – his rights to and time with his child, his financial assets, his job, and he was put in jail.

This Augusta case and other cases we have investigated show that men also are abused, and men can be the “protective parent” while the mother is the one involved in a “pay to play” game to avoid consequences for her own misconduct. What is being done to parents, to both mothers and fathers, sends the message that you are better off staying quiet about abuse (from addiction, violence, financial or fraud-related abuse) than asking for the court’s help. Ask for help at your own peril…and at your children’s peril…not that you are better off if you stay quiet, mind you. But many are told, “Do nothing, say nothing, or this will get worse; you will never see your child…”

The wrong outcomes are being forced upon good people and abused children as frequently as you see panhandlers near a highway or intersection; it is just something that happens and that many people have become numb to, but this happens to an unsuspecting public and causes irreparable harm. Currently there is no way to recover, including no way to recover or to bring home these children.

Coercion and intimidation tactics, and retaliation methods, rule the day, just like we see in this Michigan case with the children put in detention centers, cut off from their mother and the mother put under a gag order.

Child abuse can be prevented_My Advocate CenterAs in other cases, the children are old enough to be heard and to be believed, and they were clearly not represented properly by professionals charged with the duty of representing their best interests.

Psychology Today contributor Jennifer Baker, PhD, nails this story and the problems emphatically with her pen, in this article and in others, including this one and this one. This case and the issues is raises are not going away anytime soon.

This is one reason we focus on the needs of children consistently when noting questionable conduct and outcomes. The term best interest has been so badly misconstrued or even corrupted that it has become meaningless, at least in terms of the results shown in thousands of cases across the country, and around the world. Children are being betrayed when they ask for help and often silenced as the judge did in this case.

It is almost impossible to fathom that this is happening, let alone that it is often intentional and done in bad faith and with a complete lack of empathy for the trauma being caused to children and to the parents they need and want.

This is also a reason we emphasize to legislators that loopholes must be closed that allow certain court professionals to block evidence and testimony that should be used to protect children and victims of abuse. Evidence and testimony should be recorded and used for the benefit of our most vulnerable citizens; it is just not that complicated, but our data reveals that the opposite is taking place when cases are easily manipulated and controlled by certain attorneys and select child custody experts. If you read the transcript of this Michigan case and the associated articles, you’ll see what we mean.

What is consistent across these cases is the motive:

It is simply more profitable to keep children and safe parents off-balance, unprotected and ignored.  They have to spend money to fight back, until there is nothing left to spend. But typically the other side – the side driving the stress and trauma – will keep on spending. Profit over protection has become a pattern or a formula followed by professionals who typically lack oversight and who believe there will never be any consequences for causing harm to children.

We advocate for children to have the best of both parents, meaning the best that each has to offer, and that sometimes means one or both parents need to receive a “tough love” message from the court or the right treatment for addiction or counseling to manage bad behavior, but it that message should NEVER mean sentencing and locking up children who have not done anything wrong. Unfortunately, children in many states are being convicted and locked away – from safe, loving and available parents and families – when they asked to have a voice and to be protected.

To learn more or to report details of similar cases, please visit our Report Cases form on MyAdvocateCenter.com.

Deb Beacham, Founder and Director

First Amendment Rights Protected

Pro Advocate Radio is needed as a Voice for Families, Children and for Professionals Committed to Resolving Conflict in ways that Serve the Needs of Children.

For bloggers, citizen journalists advocacy groups, etc.

http://www.usatoday.com/story/tech/2014/01/20/defamation-bloggers-supreme-court/4658295/

GRANTS PASS, Ore. (AP) — A federal appeals court ruled Friday that bloggers and the public have the same First Amendment protections as journalists when sued for defamation: If the issue is of public concern, plaintiffs have to prove negligence to win damages.

The 9th U.S. Circuit Court of Appeals ordered a new trial in a defamation lawsuit brought by an Oregon bankruptcy trustee against a Montana blogger who wrote online that the court-appointed trustee criminally mishandled a bankruptcy case.

The appeals court ruled that the trustee was not a public figure, which could have invoked an even higher standard of showing the writer acted with malice, but the issue was of public concern, so the negligence standard applied.

Gregg Leslie of the Reporters Committee for the Freedom of the Press said the ruling affirms what many have long argued: Standards set by a 1974 U.S. Supreme Courtruling, Gertz v. Robert Welch Inc., apply to everyone, not just journalists.

“It’s not a special right to the news media,” he said. “So it’s a good thing for bloggers and citizen journalists and others.”

Crystal L. Cox, a blogger from Eureka, Mont., now living in Port Townshend, Wash., was sued for defamation by Bend attorney Kevin Padrick and his company, Obsidian Finance Group LLC, after she made posts on several websites she created accusing them of fraud, corruption, money-laundering and other illegal activities. The appeals court noted Padrick and Obsidian were hired by Summit Accommodators to advise them before filing for bankruptcy, and that the U.S. Bankruptcy Court later appointed Padrick trustee in the Chapter 11 case. The court added that Summit had defrauded investors in its real estate operations through a Ponzi scheme.

A jury in 2011 had awarded Padrick and Obsidian $2.5 million.

“Because Cox’s blog post addressed a matter of public concern, even assuming that Gertz is limited to such speech, the district court should have instructed the jury that it could not find Cox liable for defamation unless it found that she acted negligently,” judge Andrew D. Hurwitz wrote. “We hold that liability for a defamatory blog post involving a matter of public concern cannot be imposed without proof of fault and actual damages.”

The appeals court upheld rulings by the District Court that other posts by Cox were constitutionally protected opinion.

Though Cox acted as her own attorney, UCLA law professor Eugene Volokh, who had written an article on the issue, learned of her case and offered to represent her in an appeal. Volokh said such cases usually end up settled without trial, and it was rare for one to reach the federal appeals court level.

“It makes clear that bloggers have the same First Amendment rights as professional journalists,” he said. “There had been similar precedents before concerning advocacy groups, other writers and book authors. This follows a fairly well established chain of precedents. I believe it is the first federal appeals court level ruling that applies to bloggers.”

An attorney for Padrick said in an email that while they were disappointed in the ruling, they noted the court found “there was no dispute that the statements were false and defamatory.”

“Ms. Cox’s false and defamatory statements have caused substantial damage to our clients, and we are evaluating our options with respect to the court’s decision,” wrote Steven M. Wilker.

Green Light on Needs of Children

Who is STOPPING good parents from caring for their children?  …stopping them from WORKING so they can provide for children?

Spotlight on Augusta, Georgia and on Columbia County for what the local Superior Court and law enforcement agencies know is being done improperly to a good father.   He is a good, hard-working man who loves and misses his child, and he deserves our support and attention from our leadership and news media.

A Candlelight Vigil is being held to light up the dark and drafty space surrounding the detention center where this man is being mistreated.   See this event page to RSVP and watch for updates.

Now that this case has been investigated by others outside the local system in Augusta, we are giving the “Green Light” for people to raise awareness about the dangers to every parent in this area who might pass through this court system.  

WFXG FOX54 Augusta – Your News One Hour Earlier

The situation described in this video is disturbing, but it is also disturbing to us that a good father…also seeking to protect his daughter…is being held in jail on false allegations.  There are some very interesting similarities on these two cases.  Both involve DFCS, law enforcement and certain child custody “experts” and the numbers and rulings just do not add up.  Both are leading to damages to these children.  Damages that can be avoided and that should be corrected.

We are asking law enforcement and our state and local leaders to bring transparency into this father’s case and into Augusta to see why so many good parents are unable to care for their own children, why they are losing their property and jobs, and their health.  

The evidence of these cases dictates that these are the wrong outcomes.  What’s next? #GreenLightAugusta

What about the laws?  Are they being followed?  Keep asking, and show up for these families.  Follow #NeedforGreen to learn more about what is holding back good parents, leaving families in worse shape than before.  

This story from Texas is now going viral, and it is closely related to what is happening in Augusta, and all over Georgia:

 

Screen shot 2014-03-23 at 12.42.50 PM

Please study local cases and ask questions, especially of Judge Michael Annis about judicial procedure and the use of evidence to exonerate innocent parties.  It appears the evidence was ignored here and a good father jailed because he stood up for his rights to parent and protect his daughter.  

He is fighting for his right to work and to provide for her — and for the chance to recover from what was done wrongfully to him in his divorce and custody case.

This father who is being held wrongfully, denied clean clothing for a week, being denied phone calls…is now writing letters to his daughter so that she knows she is not being abandoned by him.  Help him ensure these letters get to his daughter so that she doesn’t believe that he has abandoned her?  This is critical for her…not just for him.  (Please understand that THREE fathers in metro Atlanta have taken their lives after this type of custody case and mistreatment by court professionals.  We do not need another tragedy, and another Fatherless Daughter, for the State of Georgia to get the point: it is time to intervene!)  

Video testimony is helpful in getting what this is like, the reality for people in this situation, so please take a few minutes to watch this, and see that what happens to this woman in court is the SAME as what happened to this man who is now in jail in Augusta – away from his child who needs his protection and support.

This father wants to get back to work, so that he can pay child support, plus manage the outrageous fees put on him by these court professionals.   Let him out.  Let him work.  Let him defend himself. Give this child her father back.

MLK Day: Join the Movement

Join Parents & supporters of the civil rights that are being denied in Family Court.  Continue this movement.

Join Parents & supporters of the civil rights that are being denied in Family Court. Continue this movement.

“What are YOU doing for others?”  This was the premise behind founding My Advocate Center, and asking more parents, professionals, policymakers & civic leaders to get involved.

Join the group of parents and concerned citizens who are voicing the urgent need for Family Court Reform.

Children are missing good parents.  Parents are being denied the right to care for, nurture and protect their children.

This is not necessary to allow this to happen – not according to our laws, our constitution, and based on the facts and evidence of these cases.

Help these families recover while we work to prevent more of the same.

We can’t think of a better way to honor the memory of the ultimate “Game Changer” in the history of Civil Rights.

Thank you for your support, and for using your voice in a non-violent way.

Please see our Facebook event page for details:  https://www.facebook.com/events/640934305968467/

Then subscribe to receive the newsletter about this Rally on MLK Day 2014, Atlanta, Georgia.