Due Process is a Thing?

Why would I question whether or not due process, fairness protected by law, truly matters to our courts?

My question stems from a critical problem in domestic law, especially in child custody cases, because laws governing fairness and constitutional rights so often are not applied in family conflict. Parents are stunned, many to the point of feeling disabled and hopeless, and left wondering why reasonable notice and the ability to present evidence and defend themselves are rights that seem not to matter during what is called “civil” litigation.

When parents are deprived of basic rights in legal disputes, any sense of civility goes out the window. It is a horrific shock to a loving parent to find out too late that due process, the rights which can easily make or break a parent’s ability to be involved in their children’s lives, seems to not have a place in the trial courts where children are divided much like a 401k.

Fairness to a parent entering family court is like gloss over an attention-grabbing ad campaign to make it seem safe to enter a legal process as a parent. The gloss, however, fades after one makes it far enough in past the storefront for reality to set in. It is not just a disappointment when laws providing for a fair process are not applied, it is traumatic.

In watching the video of the oral argument shown below, you’ll see that the Georgia Court of Appeals panel is quite passionate about this subject.

What I’ve observed in person in many child custody cases makes no sense in light of that passion.

That due process is missing, even unknown to many parents and children, including teens who believed they had a right to choose their primary parent, is one of the reasons I believe in being able to film in courtrooms, which I do often by filing a request to record as permitted by USCR 22 (Rule 22). Even with the revised Rule 22 seeming to encourage more widespread use of recordings, when done properly, there is still much effort in some courts to provide cover for the kind of statements and attitudes revealed in this video of the argument in the Georgia Court of Appeals. In every situation where a lawyer has objected to my request to record, the proceeding yielded an opportunity for that lawyer’s client to benefit from a lack of transparency. In every proceeding where a request to record has been denied in accord with the objection, an injustice, a lack of fairness towards a safe, loving parent, hung in the air like a heavy, mold-laden curtain. This may sound overly dramatic or even unrealistic, but when you watch the Judges’ responses in this video, you’ll understand I’m right on point.

I’ve actually heard lawyers in domestic circles say that due process does not matter or does not exist in family law, even though there are rules and there is plenty of case law that talks about the ramifications if a party is deprived of due process, if a specific civil right is denied. How can lawyers have this attitude that conflicts so dramatically with the beliefs of appellate court judges? How can due process not be “thing” if Judge Dillard and other Judges in the Court of Appeals react as they do in oral argument below?

After years of seeing enormous, life-altering – and in a bad way for children and safe, loving parents – voids (a black hole likely to allow no safe return) when it comes to having opportunity to be heard and having rulings, let alone timely rulings, I was encouraged to see this issue argued so passionately in our Court of Appeals. I saw it because a news media team featured it on The Reveal, a unique show produced by Atlanta’s 11 Alive, and I hope it makes its way to the eyeballs, through the brains and into the hearts of our domestic lawyers and family court judges. Yes, I believe anything is possible.

Grab a seat and be ready to take notes. For sure send your comments through social media or contact me here.

Follow the Court of Appeals online and watch for cases that involve issues of due process, fairness and civil rights that yield family stability and protect mental health. How many more arguments of this kind would you like to see in our appellate courts where you can learn directly from our Judges this way?

I’m especially appreciative of the fact that our appellate courts in Georgia allow filming of oral argument, and I’d like to provide more coverage of such cases in the Court of Appeals to see reactions to similar due process issues.

As a lawyer or judge, ask the tough questions about the case before you; dare to spend extra time checking your work as it applies to due process. If you have a case you believe is heading towards oral argument which involves parental rights, I’d like to know.

What if more arguments like this resulted in relief that restores parent-child bonds and ensures due process in child custody and other domestic matters? Would that be a good thing for our society?

I think we can expect a great impact on our culture and in our communities by paying attention here, so please send me a note with a case number once docketed in the appellate court. If you know of a lawyer who has argued before the Court of Appeals to ensure due process is afforded to parents and children, please make an introduction or share the standout points made and how the Court reacted.

Relief. That is what due process would provide should it be restored to parents and children relying on our laws to protect their right to be together and to be safe from harm.

Thank you for taking time to read and to watch Georgia’s Court of Appeals make trend-changing statements in this case!

Deborah Beacham

Investigating Backpage and Exploitation

Exploitation is one of the worst diseases of all time in our society.

Exploitation isn’t a new disease; acts of abuse in taking advantage of those who are vulnerable, who can be beaten down, held hostage in some manner, used for work, sex, entertainment, experiments, etc., and to increase the perpetrators’ profits have occurred since the beginning of our existence.

It is almost impossible to avoid as it occurs in many forms, so when an investigation such as this one into the website Backpage and the people running it leads to a shutdown, seizure and federal charges, it’s a big win.

Exploitation of others, especially of children, isn’t going to slow down until profit centers collapse and perpetrators are exposed. In my work and throughout this website I explore and report on various forms of exploitation and abuse. I believe it’s important to identify the pressure points in society where vulnerabilities are created or worsened, where families are broken down, parent-child relationships disintegrated and children destabilized to a point that puts them at much greater risk for harm. Families in conflict, especially when children are involved, are ripe for exploitation. It is profitable to take advantage and to use children to increase profits.

Common sense, even without all of the available data, tells us that when you destabilize children, increase uncertainty, take away needed medical and psychological healthcare, traumatize them by denying access to nurturing and safe parents, enable perpetrators of physical and psychological abuse, you are setting our young ones up to fail. You are also creating inventory for those who profit from exploitation of children.

What is Backpage and what is the impact of this investigation?

As seen in Reuters online news:

Groups and political leaders working to end forced prostitution and child exploitation celebrated the shutdown of Backpage, a massive ad marketplace that is primarily used to sell sex. This effort involved multiple states and federal authorities including the FBI, IRS and also the US Postal Service. The website posting said U.S. attorneys in Arizona and California, as well as the Justice Department’s section on child exploitation and obscenity and the California and Texas attorneys general had helped shut down the website.

“Today, Backpage was shutdown. It’s a huge step. Now no child will be sold for sex through this website,” tweeted US Senator Heidi Heitkamp of North Dakota.

Heitkamp helped draft legislation passed by the Senate last month that makes it easier for state prosecutors and sex-trafficking victims to sue social media networks, advertisers and others that fail to keep sex trafficking and exploitative materials off their platforms. The bill passed by an overwhelming bipartisan vote of 97-2.

President Donald Trump will sign the bill into law next week, said Heitkamp. The legislation, featured prominently in the popular Netflix documentary “I am Jane Doe,” amends the Communications Decency Act, which has shielded website operators from state criminal charges or civil liability if they facilitate sex ads or prostitution.

“Shutting down the largest online U.S. marketplace for sex trafficking will dramatically reduce the profitability of forcing people into the commercial sex trade, at least in the short term,” said Bradley Myles, chief executive of Polaris, an international anti-slavery group that runs the National Human Trafficking Hotline.

There would be “a dramatic shift in the marketplace starting tonight,” Myles added.

This article by Medium explains more about the steps and effort involved to achieve the passage of SESTA and the shutdown of Backpage.

LEARN MORE ABOUT THE FEDERAL LEGISLATION HERE.

The legislation followed a two-year investigation by the U.S. Senate Committee on Homeland Security and Governmental Affairs’ Permanent Subcommittee on Investigations, on which Heitkamp serves, into ads placed on Backpage.com of victims of sex trafficking, including in North Dakota.

The new federal law will empower states to do more to protect those vulnerable to trafficking. The name of the legislation is the Stop Enabling Sex Traffickers Act (SESTA).

Specifically, SESTA would:

  • Allow victims of sex trafficking to seek justice against websites that knowingly or recklessly facilitated the crimes against them.
  • Eliminate federal liability protections for websites that assist, support, or facilitate a violation of federal sex trafficking laws.
  • Enable state law enforcement officials, not just the federal Department of Justice, to take action against individuals or businesses that violate federal sex trafficking laws.

Senator Heitkamp emphasized that this legislation is necessary to immediately provide victims an avenue to seek justice for their exploitation – and make sure that companies will be held liable to the fullest extent of the law for profiting from this form of modern-day slavery.

Note: until there is greater liability and consequences for those profiting from all forms of exploitation of children, both online and offline, our children will not be safe. This work at the state and federal level to take down this website and charge the people responsible for facilitating child sex trafficking is a great step; it is already having a powerful impact on the exploitation of minors.

In local Georgia news:

Atlanta news station WSB-TV’s reporter Lauren Pozen interviewed advocate Kasey McClure of 4Sarah.net along with attorney Esther Panitch who is waging battles for victims childhood sexual abuse.

“Lots of companies who host other people, who communicate through them, are really going to be watchful for to see how far this goes because it’s not just an unpopular website like backpage, but will it affect other websites that maybe are kind of on the line,” said Channel 2 legal analyst Esther Panitch.

Advocates for victims of sex trafficking say the takedown  is a step in the right direction.

“More victims started coming forward and saying this is happening to me and I think people started recognizing they had a problem. The issue that is going on with backpage is them being held accountable for basically allowing men to exploit and rape minors,” said advocate Kasey McClure, who founded 4sarah.net.

How does this affect my community, my children?

Backpage.com let users create posts to sell items but it is mostly known for prostitution among adults but also trafficking children.

Channel 2 Action News reported child trafficking as recently as last month in Cobb County where police found prostitutes as young as 14 years old inside a Marietta motel. Teens told police they were forced to create ads on backpage.com.

Children should not be treated as commodities, should not be sold or exploited, ever. They deserve our focus, and need our time and resources to protect them. Do you agree? Contact me here to learn more about what you can do.

Noteworthy Research by My Advocate Center

Studies show that it is routine practice for professionals involved in family conflict to break down relationships between protective parents and children. It is routine practice to engage in psychological abuse of the children and to put them in harm’s way, escalating stress and worsening coping mechanisms.

These children become more vulnerable to addiction and exploitation.

Why is this happening? The answer is multi-faceted but simple:

  • It’s profitable to do so.
  • Family conflict cases create ripe opportunities to increase profits at the expense of victims of abuse and/or fraud.
  • Perpetrators of abuse are motivated to spend more to avoid consequences; they are also often led to break other laws to avoid exposure.
  • Parents who are desperate for protection, including for their children, are easy to destabilize and take advantage of during litigation; trauma is intentionally caused and used to wear them down, using up time and financial resources as well as removing community support from them in the process.
  • Children can be easily isolated or cut off from the protective parent and worn down or brainwashed into not resisting against abuse; during the course of such abuse the children are also often denied the kind of medical and psychological treatment needed to survive and cope with what has happened to them.
  • There is no oversight, let alone accountability, for those exploiting and profiting from this form of child trafficking.
    • Even in cases where child sexual abuse has been confirmed by DFCS or other forensic experts, the result is the withholding of protection and a coverup of the abuse.
    • Even when professionals obtained proof the abuser created and/or possessed child pornography, this evidence did not serve to protect the children.
  • Anyone trying to stand up for their right to protect their children faces attacks to discredit and destabilize them; and may even be denied due process, including being prevented from presenting evidence and testimony in their defense.
  • Children who have asked to be heard are silenced, with some sent out of state and isolated by appointed court professionals such as psychologists acting as “evaluators” of the family conflict concerning the children.
    • Children who are not sent away are still restricted and controlled through the use of certain therapists and/or guardians who serve to control the thought process of abused children, and filter or control the flow of information to and from the children.
    • The professionals in these roles will often also submit false reports to courts, give false testimony to protect the abuser and/or to blame the protective parent.
  • Putting profit over protection is the norm that parents are not warned of before submitting their lives and giving up their rights in our courts

Use this form to report a situation involving any of the above issues. For reports involving child abuse, click here.

Fortunately there are also legislators at the national level who understand this is a major problem;

The mishandling of family conflict by professionals who control and profit from undoing and withholding what children need, including safety and the nurturing care of a safe parent, is a problem that feeds the sexual predation industry and also benefits from it. The two areas of exploitation serve the other and conflict with the key policies and statements set forth in this concurrent resolution in our U.S. Congress.

  • Child Safety must be the first priority in matters of custody litigation, and states should improve how custody cases are adjudicated
  • 15 million children per year are exposed to domestic violence or child abuse, which are often linked
  • Child sexual abuse is significantly under-documented and under-addressed in the legal system
  • Child abuse is a major public health problem with an estimated total cost of $124 billion related to child maltreatment, including physical, sexual, psychological abuse and neglect, and that is just for one year’s worth of confirmed cases.
  • The CDC’s work on Adverse Childhood Experiences (“ACE”) further explains the harmful impact in this resolution
  • Allegations of family violence, child abuse and child sexual abuse are discounted often in litigation
  • Perpetrators of abuse are often given custody of the children. There’s more, but you get the idea.

My parting thought for you is this question:

Is it possible to strengthen families and to better protect children so that we eliminate the vulnerability of children to predators?

Deb Beacham

 

Georgia Political Update: Victim Protection and Perpetrator Accountability

Many of our citizens believe that protection for victims is the battle cry only heard from the progressive side of the aisle, but in this past legislative session I learned about the role of the Georgia Baptist Mission Board and how conservative values drove policy reform efforts to better serve victims of abuse and to improve safety and stability for our citizens.

One of the things that stood out for me is that the Georgia Baptist Mission acknowledged its members have as much to lose as other religious groups from extending statutes of limitations for suing not only sexual predators but also the entities that enabled and/or covered for the predator. In spite of this financial and public exposure risk, the Baptist leadership stated firmly its position to seek better protection for the vulnerable and real accountability for perpetrators of child exploitation.

This is not a liberal or conservative issue, nor is it a characteristic of one party or another.

It is resoundingly a matter of right versus wrong.

We need more of this form of advocacy, this type of integrity and leadership. We need more people across society to loudly and firmly, “No,” to putting profit over protection. In my work and social engagement, online and offline, I’ll continue to acknowledge and support good work by those on all sides of political, faith, protection and enforcement issues. The more we all pull together and close the divides that exist around this problem, the faster we save lives and stop abuses of all forms.

The topics of predatory behavior, the lack of transparency and accountability for perpetrators, the lack of protection for children and adult victims of abuse, and the extreme difficulty for victims and survivors to recover are ones I’ve been studying, analyzing and reporting on for years. I’ll continue this work far into the future, specifically focused on solutions that both prevent and assist in recovery.

I’m especially grateful to all participating actively and investing in creating change in this area of our society. Thank you for standing up, speaking out, and showing up repeatedly and demonstrating your commitment to improving safety and allowing for recovery.

In this section below, I’ve included an excerpt of the legislative update from the Georgia Baptist Mission Board’s Public Affairs team:

SEXUAL ABUSE

“On a positive side was legislation like HB 732, sponsored by Rep. Deborah Silcox, that increases fines and penalties for pandering and solicitation for sex trafficking. These are the “middle men” who are out there drumming up business for pimps and johns. This legislation is needed to crack down on all who are a part of sexual exploitation of individuals for sex trafficking in our state. See GBC resolution on this issue https://gabaptist.egnyte.com/dl/JTaByb5jS7/RESOLUTION_ON_HUMAN_TRAFFICKING.PDF_ .

Rep. Jason Spencer addresses the topic of sexual predators at a press conference. MIKE GRIFFIN/Index

A bill that caused a sizable amount of controversy had to do with HB 605, The Hidden Predator Act. This bill, sponsored by Rep. Jason Spencer, (https://christianindex.org/children-hidden-predator-act-2018/ ) passed the House by a 170-0 vote. The bill basically allowed the statute of limitations to be extended to allow victims of child sex abuse to sue entities who had covered up child sexual abuse in the past. The bill was severely amended in the Senate. (https://christianindex.org/legislative-update-georgia-hidden-predator-act/ ) It was amended so much that there was very little legal remedy left for those whose statute of limitations had run out for criminal prosecution.  This legislation was introduced in the context of the legal cases regarding the Boy Scouts, The Catholic Church and USA Gymnastics.

Georgia Baptists supported this bill because we felt that it struck a balance in allowing the victims to sue, and the rights of the entities to defend themselves. However, because of the severe amending done by the Senate, the House did not agree with their version. The Senate would not appoint a conference committee and the House would not agree to the changes and the bill, therefore, died. This is a sad outcome for these victims/survivors of child sexual abuse.”

 

Let me know about your involvement in these issues and how I can better support you by contacting me here, and by connecting and engaging on social media.

Thank you,

Deb Beacham

My Advocate Center on Twitter

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Cameras Needed in Courtrooms

Do Cameras in Courtrooms Make a Difference?

There is no question that our citizens are safer when there is transparency in legal matters, but some judges are going out of their way, even issuing gag orders to media in addition to parties and sealing records in select cases, to prevent a review of what goes wrong in child custody matters when laws, facts and evidence are ignored or concealed from the court.

For several years I’ve been observing, analyzing and reporting on issues in family conflict matters that are causing avoidable stress and loss to children and to loving, safe and available parents. At the center of all of my research and reporting is the needs of children, which too often are forgotten or just set aside. The reports are not what matters, but the possibility of improving outcomes for children; the correct term for this form of journalism is Solutions-Based Journalism.

This form of news media and investigative reporting may not be popular in some circles as it challenges the dangerous status quo, but if it didn’t matter, we wouldn’t be talking about Rule 22 laws and cameras in courtrooms in this state. This is a critical topic the public needs to know is being debated and decided, so I’ll share more of my work and that of other journalists to support understanding and participation in this debate. In the meantime, please ask video journalist Nydia Tisdale about her experience filming public events and proceedings, and ask how you can support her efforts to inform citizens and increase transparency. Her unique work has been featured by news media not only in Georgia but by the Associated Press for her bold moves to support open government and greater public participation.

The more you know, the greater likelihood you’ll contact your legislators and your local news media because we do need cameras in courtrooms and we do need ongoing reporting about how family conflict and legal matters are managed.

A major issue for all, including for ethical, talented legal and healthcare professionals, is that foul play by certain other professionals is rampant and worsening with each year. In part this is due to a vulnerable and unsuspecting public but is also due to a cloudy courtroom landscape where it is easy to disguise bad faith and unethical tactics used to increase billable hours.

Another factor in the worsening of predatory & harmful case management is that certain judges are willing to play along, such as in this highly unusual Augusta situation which was investigated and reported on by local news media.

In the case featured in the news report below, the judge gave custody of the mother’s daughter to her ex-boyfriend when he gave custody of her two sons to this man, their father. However, the man has no biological or legal relationship to the girl, meaning this child and her mother were tormented and torn apart unnecessarily. Note: I have no connection to these parties, no bias or preference other than for facts and laws to count for the children involved. After studying dozens of cases closely in the Augusta Judicial Circuit, collaborating with local news media & seeing news stories through to completion, I know these courtrooms and local practices well and stand by my work and these news reports. Also worth noting, this is not water under the bridge for these children and their families; the damages are ongoing, and more families are being harmed in similar ways as you read this.

The Featured Report:

If the facts and evidence of this case justified an award of custody to the father of the boys, that would be reasonable, but the court also ignored the physical, visible evidence of family violence.

In a separate conversation we’ll feature more of the instruction for judges pursuant to the Georgia Domestic Violence Bench Book, which should be required reading for court officers and court staff such as clerks, social workers and others working with judges on these cases. This Bench Book is available online and published as a 10th edition, with participation from dozens of professionals from around the state of Georgia, so it’s not a secret to our courts that family violence, including in making determinations of custody and visitation, is a matter to be taken seriously.

Please review this news report and ask yourself how this could happen, why a judge would do this, and if the judge is making this kind of ruling, what else is going wrong in his courtroom.

Another key question is whether or not this court and this family could have benefitted from the application of instructions found in the Judicial Guide to Child Custody.

Solutions to Consider:

First, learn about your local courts before you enter into a legal action. Learn about practices of professionals before you sign agreements and pay retainers. Understand why so many families are losing their homes, health and jobs during or following litigation and especially why so many children are kept in or moved to unsafe environments.

Next, learn about accountability systems that exist to provide oversight of professional conduct, including judges and other court officers and experts who help determine outcomes. Do you see any consequences being given to professionals in your area or are you familiar with any investigations into questionable conduct of those managing these types of cases?

Learn from the testimony of lawyers, doctors, teachers, parents, grandparents and others who are brave enough and articulate enough to state clearly what they experience or witness, and who are willing to call it what it is – especially if something improper has transpired, as in this Augusta news report.

Remember that all of these court professionals, including judges and child custody experts, are human, meaning they make mistakes, become fatigued and even worn out by the extreme emotions displayed in these cases; none of them, and none of us, are perfect. But the reality is that they have sworn to uphold our laws and they have a duty to do what is right by the children caught in litigation and who are often torn apart in the process.

Where you have the opportunity to encourage the use of cameras in courtrooms, with proper approval of Rule 22 Requests to Record, Videotape and/or Audiotape, to Televise or otherwise make publicly available these proceedings, please do so as it is highly likely you will help save lives.

Please contact My Advocate Center and let me know if you have questions or would like to contribute toward making these solutions available.

Thank you,

Deb Beacham, Founder

 

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.

Exploitation: Is it Ever Acceptable?

It seems a ridiculous question to ask but when you’ve studied behavior over years and collected enough data to reveal that with certain professionals, it is acceptable to exploit a situation, a family and even a child, this question should be front and center.

We now know, thanks to law enforcement, non-profit organizations, agencies, legislators and news media, that human trafficking is a major problem. Visit here and watch this video to learn more.

The Blue Campaign video says it like it is; this is about exploitation of those who are vulnerable, and it is never acceptable, and we are all needed to stop this curse in its tracks.

Now That We Know: End Human Trafficking

This Pro Advocate Radio broadcast page is dedicated to a unique organization that is positioned to end the trafficking of children and other victims of sexual abuse:

CLAWS: Civil Lawyers Against World Sex-Slavery

“Could you have fathomed that human trafficking would present a real and present danger in the United States, let alone right in your own backyard?”

No, neither could we, but our eyes are wide open now and we invite you to listen and to get involved with CLAWS.

Please scroll down to the Audio Clip for this special show featuring CLAWS, then visit www.usCLAWS.org to purchase tickets for the inaugural benefit on 9/24 at the Atlanta History Center.

This is an event you don’t want to miss, so come prepared to be moved into action!

Who ~ What  ~ When and Where:

David Boone, Trial Lawyer, President and Founder of CLAWS

David Lester, Executive Director of CLAWS

Civil litigation is a powerful tool that is available to help law enforcement and society interrupt, intervene and eradicate this nightmare.

CLAWS has the legal prowess and willpower to take predators to task, while helping victims seek restitution. Your support will go a long way toward seeing the number of survivors trump the list of perpetrators.

Yes, this is a bold call to action, but now that we know, we must use our resources, including our time and talent in the world of civil litigation, to end this nightmare that ruins the lives of so many.

The Launch on September 24th: Learn more about CLAWS and show your support at the Inaugural Fund-Raising Gala at the Atlanta History Center.

Check out event details on this Facebook page and please share with your networks:

 

US CLAWS Save the Date 9.24.15 GALA

 

Pro Advocate Radio broadcasts out of Atlanta, Georgia, on both 92.5fm on Saturday morning at 8am and on the Buckhead Business Radio channel. Advocacy is in the Air: we spotlight important issues and help non-profits and dedicated professionals continue conversations that save lives and support our communities.

Exploitation and trafficking destroys lives, so we invite you to join with CLAWS and decide how you can help.

 

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