Wednesday, 14 August 2013

Parent Advocates

Family law courts in the New Zealand are a disgusting and abusive mess. While we can’t blame it all on the judges as many problems are caused by lying litigants, the judges are ultimately responsible for most of the problems. They should be upholding the law, ensuring that people’s rights are not violated, and requiring reasonable proof of allegations before they are acted upon.

Family Law Judges Rubber-Stamp Civil Rights Abuses

Today’s family law judges are generally rubber stamps for civil rights abuses. It is routine for due process to be violated. Unequal protection by the law is the norm. The judges generally think this is all OK because family law courts aren’t criminal courts.

Judges complain they don’t have enough time to handle the numerous cases they have. They complain about budget cuts. They complain about needless litigation. Whose fault is all of that? They should look themselves in their mirrors as they have created the problems that have lead to the family law courts being overwhelmed with destructive litigation.

Family Law Courts Reward Criminals, Punish Victims

For starters, their failure to punish perjury results in massive increases in court hearings. It also results in far more complicated cases in which innocent parties who are being truthful are abused by lying litigants with the assistance of incompetent judges. And all of this adds up to spiraling legal costs which often don’t end until after all of the marital assets are depleted.

The judges who don’t punish perjury are often the same incompetent judges who think they can tell the truth without reading court filings and without strong evidentiary standards. Such judges are enablers and co-conspirators of government abuse against honest people. They may argue that they “don’t have time to punish perjury”, but their arguments are invalid. Failure to punish perjury guarantees there will be a lot more of it and that injustices, countless unwarranted court hearings, and abuse of innocent children and parents will be the norm. Failure to punish perjury means the load on the family court system is higher than it would have been if perjury was punished all the way along.

Because incompetent judges reward perjury, dishonest litigants quickly learn that whenever they are unhappy, all they have to do is make up a new set of lies and tell it to the judge who, in his or her “exercising extreme caution” will likely violate human rights, throw due process out the window, and strip those falsely accused by family court liars of their rights.

Typical Family Law Abuses Include “Kick Out” Orders

The victims often don’t even know destruction is coming until after they are served with papers kicking them out of their homes and banning them from seeing their children. Their “due process” consists of being persecuted and severely harmed prior to a chance to defend themselves from false accusations, often months and sometimes years later. And those are the ones who can afford attorneys — many others can’t and have their civil rights totally trampled as the lying ex, her or his attorney, and the incompetent judge skewer people who are already badly harmed and weakened by severe financial and psychological damage caused by the aggression, dishonesty, and lawlessness shown towards them.
Courts Ban Parents From Seeing Children Without Due Process

What rights do people lose because of incompetent judges? They usually lose their access to their children and most of their income for “child support” payments calculated with zero custody time based upon false accusations. Add to those falsely obtained child support payments the horrendously expensive supervised visitations that can cost more than a person makes per month, often at $30 to $100 (or more!) per hour, to be watched like a hawk by strangers while they are with their children. This can last for months or years, bankrupting these victims and eventually meaning they can no longer afford to see their children. Then the courts are likely to rule that they will continue to have zero custody because they didn’t care enough to see their children!

How to Report Bad Family Law Judges
None of this is going to change unless the courts and specifically the judges are held accountable for their incompetent and abusive actions.

How are we, the victims of family law courts, supposed to hold judges accountable?

Generally speaking, except for extreme abuses, it does not appear that state judicial boards take most complaints seriously. However, if they receive massive quantities of detailed complaints about a judge, perhaps they will take note.

You can find similarly abused parties in your area and protest the court. Picket it. Be sure to put the name of the abusive judge on big signs when you picket the courthouse.
Contact local media and explain to them how abusive and irresponsible a judge is being.

It’s up to those abused by the courts to force change. That’s because politicians don’t care and most people have no clue how evil the family law courts in this country have become. They won’t find out until they end up in them, and that’s too late to do much to force change as then they are in the middle of a war that will likely destroy their lives.

Sunday, 11 August 2013

Judge Philip Connell

http://www.stuff.co.nz/national/crime/9031779/Recidivist-drink-driver-doesn-t-care

Thank goodness! And lets all hope this guy gets a dose of 'AA' in prison. I can not understand why people drink and drive with all the messages around now days. It's 2013, no one does this kind of thing any more. If you do, you deserve to have the full force of the law on you.

 

Jolly good show..

Finding out someone's criminal history could soon be as easy as clicking a button, under major changes to improve public access to court documents.
Justice Minister Judith Collins told the Sunday Star-Times the current system, where people often have to apply in writing to the courts for access to information, is "completely insane".
She wants all decisions online once the courts have completed a move to an electronic operating model next year. The documents would effectively act as a public register of criminals and improve public safety, she said.
It would also make the court process more open.

http://www.stuff.co.nz/national/crime/9027513/Criminal-record-may-soon-be-a-click-away

Yes, It is also time consuming to have to make an application for them. I also wonder if this might make people think twice before committing a crime. When your neighbours and potential employees can now go look you up.
 

Saturday, 10 August 2013

Up-Date on David Polson- officially world famous in New Zealand!


David had a ‘melt down’ in court over the post about him. He demanded to have Simon Jefferson stay on the case ‘to cross examine over it’.  Judge did not agree. Simon Jefferson is gone. The posting has nothing to do with the case- in court anyway. The Judge is not interested! Good call Judge, good call!

So the following is happening to David;

-A complaint to the law society over his behaviour, including his anti-father 'thing' he has going on. His alignment with alienating the child from the father and other inappropriate behaviour. I know the Lawyers Act, inside out and how lawyers are meant to perform.

- Chester Burrows is being called back in- again. Over David Polson ‘breach of privacy’ AND ‘unauthorised access to documents’.

-And still he hasn’t bothered to contact the father to discuss any issues.

There’s a lesson here for everyone.
a)      To all you lawyers, don’t file anything from this website in court. Judges have a stressful enough time dealing with peoples emotional baggage, custodial parents alienating and manipulating children without having this shoved down their throat.  I am starting to feel sorry for these Judges!

 
b)      When Jude Boshier wrote in his paper Truth or Proof, The problem is that much affidavit material is irrelevant, the words of solicitors not parties. Yes, what have I been saying all these years Mr Boshier?

 
The internet is a great tool. You can pick and choose what you want to read. I don’t read websites I am not interested in. So if you don’t like what is here. Then your freedom is, don’t come here and absorb it. Seems simple really.

To those who have asked about the timing of the case coming on air. I will post it once I get confirmation of it. I urge everyone to watch it. The case shows some incredible insight into the Family Court and how it is operating. You will see the poor performance of Judges  (so far) and lawyers. One lawyer was printing material from this site, then walking into court and moaning it was ‘effecting their ability to do their job’. As was pointed out to Judge Ryan when he was informed of the case. It was NOT the father filing material from this site, it was the lawyer’s own doing. The lawyer is impairing THEIR OWN ability to perform their job by reading this site. If this site was impairing their ability to do their job, then why do they come here?

The reality for David Polson is he has been his own undoing. No Lawyer for Child can write a ‘factual’ report to a court without talking to both parents. If Judge Ryan can take time out to formally review the fathers life and read texts from the mother still on his old cell phone in which she says to the father….….your a loser …..19/03/06 ….sick pathetic freaks……1.38pm 16-03-06. Among others she keeps sending him. Then why can’t David? This mother is not a nice person, it is very unprofessional behaviour it is abusive behaviour. She has been abusing this father for years. In the case you’re going to see interviews with close friends and family of the father.

 Lawyers. They are the ones that escalate issues in cases. They file irrelevant material and forget they are NOT the Judges, they do not get to make the decisions about what is put before the courts or not.

 So I will leave with the words of good Judge MacCormick: Fam 1998-019-000731

 We only have two parents. We take our identity from both of them. We have both their genes. Ultimately our sense of self-esteem and self-worth is bound up with our sense of identity. Birth parents, who they are and what they are, are important to us. Nobody can quite replace or stand in for a birth parent.

 Most children know who their birth parents are and have some sort of relationship with both. If a child does not know one of its birth parents but knows that birth parent exists and is available the child will generally want to know why. Is it their fault? Have they been abandoned or rejected? These things again can affect self-esteem and self-worth.

 If a child or young person does not have any contact with one of their birth parents then frequently they will either have an unduly idealistic notion of that birth parent or an unduly negative one. The latter frequently influenced by others. In either case it is not the reality, warts and all. The warped perception can affect other areas of a child’s sense of reality. Normal and relaxed development stems from good contact with and the good positive influence of both birth parents.

 If a child or young person eventually finds that the negative image of a birth parent that they have been given by their primary caregiver or others does not match their own subsequent perception then that can be very counter-productive to the position of any birth parent who has obstructed or denied contact.

 A child benefits from contact with and the guiding influence of both a mother and a father and from the different gifts, abilities, personalities and perspectives they each have to offer. A child should not be denied the right to know who his or her birth father or birth mother is and should not lightly be denied the right to a constructive relationship with either their birth father or birth mother.

 Another Father had issues with David Polson too.

“Dear Family Court,

I wish to make a complaint about David Polson, appointed counsel for child

by the Court as in letter 6 March 2006 as signed by Liz Stein.

I arrived home last night to a Court hand-delivered in my box by David

Polson, as instructed by the Court.

I have never read such rubbish and lies by David Polson, both schools and

my ex wife and my children!

It is along the same lines or so in his report dated 15 April 2005 which I did

not receive prior and had to read in Court on the 18th of April 2005 as my

previous complaint to the Court stated. However, as the Court ignored my

previous complaints and my requests for permission to show reports to other

persons to which I received no reply and was later told my complaints and

affidavit are not relevant I again expect no response to the complaints above.

It’s obvious that the continuing discrimination and prejudice, interference

that I have experienced is never going to cease.

However, I have complained as directed in this letter of 6 March 2006 and

made the Court fully aware I can do no more but record it in print.

Yours sincerely

TM

Enforcing Access Arrangements Why and How?


So, as I have said in previous posts. I retired from Family Court Advocacy work last year. Boxed up my 12 year collection of Family Court papers, research, Judgements and material that covers every aspect of the New Zealand Family Court that is out there.

Only to now have to un-box it all.

In preparing submissions for a case. I keep coming across material I forget I have.

One such document titled' Enforcing Access Arrangements Why and How?' written by Judge Dale Clarkson and the now Judge Maureen Southwick QC.

This paper was from way back in 2003.

So 10 years on from this paper and what has happened? Absolutely nothing.

I read a lot of papers presented by Family Court Lawyers and Judges. And the impression I get is.....Why don't the practice what they preach?

The truth is, they write these papers to make themselves look good- publicly- and then once they get into the Family Court, it's like everything vanishes 'poof' out of their brains.

This paper includes writings and references to parental alienation, United Nations on the rights of the child and the importance of the parent child relationship.

So why the heck don't these two 'Judges' follow there own understanding?

In my Judge Flatley post your going to see me really attack him over the fact he needs to keep himself up to date with current research.

Any member of the public using a service such as the Family Court would have some expectation that the Judge was in fact 'learned'.

If I can find time in my busy schedule to keep up to date with the current research and trends in child development, parent child contact, parent child relationship and everything else associated with the Family Court. Then Lawyers and Judges in the Family Court should also.

Another paper I have and enjoy reading is' Lawyer for child who am I?' by Dugald Matheson.


Quote..
....judgegettingmetodosocialworkersandpsychologistsandriskassessorsjob.......

Unquote.

Matheson refers to the lawyer for child as a 'multiple personality disordered counsel', yes I would agree with that!

Over quarter of century of practice, there has been many a time when I have sat observing my imperfect parent/client sitting in the witness box defending rather timidly, carefully crafted prose housed within my affidavit. I have sat there and prayed that counsel for the other parent does not ask the question that I know will totally destroy my clients credibility as a competent parent worthy of being entrusted with the care of a child. Sometimes my client has been lucky and that other counsel has, for whatever reason, not asked the question that will unlock the murky depths of my clients fragility. I, as counsel for the parent/client, have never seen it as my duty to then, on purpose, in re-examination, put to my client the very sandbagging question that I prayed would not be asked. Why have I not done that? Surely, as an officer of the court, I have has a duty to ensure that the court knows everything so that the best interests of someone who is not my client are promoted? Why Not? Because I am an advocate for my client whose ethical duties are steeped in traditions going back many centuries and encased in rules and in case law that are acceptable not only to the court but also to the community at large. I am doing my job as the lawyer for my client. That is what I am expected to do.

There are two points from this paragraph of his paper.

One, I know ‘that question’ he refers too. 

Two, He is wrong on the aspect of there being a ‘duty’ to the client. There is a ‘duty’ to the courts for a counsel to point out to the 'courts' certain ‘rules’ or points of ‘law’ that do not work in their clients favour. That doesn’t mean they have to do a whole ‘defence’ of their case. But when a contradicting law exists against their clients ‘claim’ there is a ‘duty’ for the counsel to point it out to the courts.

I did not spend all those years sneaking into law lectures and not learn something. I just missed the lectures on how to be a ‘professional liar’.
As an ‘officer of the court’ there is meant to be the concept of truth and justice. Not of ‘lining my pocket’ and ‘avoiding that question’, which is what the ‘officers of the court’ have evolved into over the years. Especially Family Court Lawyers.

In this instance. The Family Court involves children and families. Family Lawyers always do a ‘rant’ about how they are ‘there for the family’. BUT in reality and practical application, they are not there for the families OR the children. They are there in normal terms of their ‘pockets’ and ‘client’.
Is it any wonder more people are self-litigating now days? Lawyers bring their own occupation into ridicule.
He then goes on about 'counsel to assist'. Which is a whole other argument really.
In another ten years, after the new law reforms are implemented (and changed another four times). We will look back on this paper and wonder 'was Matheson on drugs'?
 
 



















Thursday, 8 August 2013

Judges Performance reviews

Judith Collins decided against subjecting New Zealand Judges to 'performance reviews'. Perhaps it was a cost thing that put her off it? So I thought I would help out, as any good public servant would do.

The first one..
http://www.scribd.com/doc/159072309/Index-FC-Judgements


The second one with a few familiar names in it, will be posted soon.