It seems like all I ever get to do is report a new set back or ask for money so we can jump through some new hoop that the courts have thrown in front of us as we work to challenge the constitutionality of Ohio's custody law and protect our rights as parents. In some ways I have to do that BUT in some ways we have made some progress.
With the latest move by the court in Chuck Evan's case, I truly believe that we are getting very close, maybe too close for the courts, and they are now really reaching into their bag of tricks to stop us. But tricks like this new one simply make us reach deeper into our own bag and come out swinging harder.
Chuck has been declared a vexatious litigant and the courts have now taken away his ability to defend himself in his divorce. Can you say, "Blatant violation of his due process rights?" When one has to bow to the discretion of the court in deciding what you can or can NOT file to protect yourself, there is no way that a proper defense can be presented. Under the current situation, there is no adequate remedy!
As we told you, Chuck had filed a Writ of Prohibition to prevent the courts from having a temporary custody hearing stopping any chance of seeing or getting custody of his son so that he could put the needs of others ahead of his own in a quest for equal custody for all fit parents. The court of Appeals has denied the Writ BUT they did give us the complete proper procedure on how to proceed with have the Constitutionality of the Law heard by the Family Court. This declaration that he is a "vexatious litigator" now requires him to ask permission, from the same judge that declared him vexatious, to file anything in any state proceeding. He has already been denied the right to appeal the decision!
If we are going to make this happen for everyone as Chuck wishes to do we need to file:
1. A Writ of Extraordinary Mandamus with the Ohio Supreme Court so he can proceed with the appeal and overturn this malicious finding of being a vexatious litigant.
2. A Constitutional Challenge to the Vexatious Litigant laws as they pertain in Family Court situations in Federal Court.
3. A Constitutional Challenge to Ohio's Custody law 3109.04, the Temporary Hearings law 3109.043 and Old Civil Rule 75N in Federal Court. This case we are going to ask the Federal court to hold in Abeyance pending a decision by the State Court on Chuck's original Declaratory Judgment case.
For this to happen we need money and we need it now. Chuck Evans, Mike Galluzzo, a few unnamed individuals and I have funded these cases with some outside help but we are all broke and out of funds. The hours expended are enormous! It is easier for many to share the cost than for a few to pay the bill.
We have set up a Chip In on the PACE site to track progress on this effort. This will allow everyone to donate thru PayPal. If you want to simply mail a check or money order to Chuck that can happen also by mailing today to:
Please send donations to:
1892 REAR Oakland Park Ave.
Columbus, Ohio 43224
That is why we need your financial help immediately! As you know, litigation can kill you financially and we have nothing to proceed with! You have probably been in that situation yourself, but even a small donation ($5 - 20) will help if you can't donate more.
Chuck has sacrificed for many years to get us to this point and the least we can do is help with the filing fees. His victory in this will be a great help to all of us!
It is time to stand up and be counted!
Thank you for your support!
"The keeper of the penny"
"Success is more permanent when you achieve it without
destroying your principles". - Walter Cronkite
We are continually faced with a series of great opportunities
brilliantly disguised as insoluble problems. - John W. Gardner
In My View: Dad deserves better deal in Illinois law
By Staff Report THE STATE JOURNAL-REGISTER
Jun 19, 2009
Father's Day focuses our attention on the importance of the role of fathers in children's lives. As perennial as the traditional Father's Day gifts, pronouncements on the virtues of fatherhood by elected officials such as Barack Obama are offered to reinforce its value. When tied to proposed legislation, these statements have often included a suggestion that many fathers need to act more responsibly.
Likewise, the current presumptions of Illinois family courts that ensure divorced fathers' access to their children influence our perceptions of the value of father engagement. Their minimum standards for the parenting roles of separated fathers underwrites the value by which all fathers, married and separated, are measured.
The de-facto minimum parenting schedule used by Illinois courts is every other weekend with a weekly non-overnight visit. This is what most fathers have to contend with. This minimal number of overnights with their children is, according to at least one national child development specialist, a child-unfriendly schedule befitting of only disinterested fathers.
Illinois judges, family court protocols and many legislators have continued to acquiesce over the past decades to this inadequate standard that can be a barrier to fathers acting more responsibly.
Our courts presumed parenting schedule prevails regardless of the father's close geographic proximity and track record of responsible fathering. It is a cookie-cutter presumption that states, in effect, fathers need not put their children to bed, help them with their homework, nor help get them ready for school the very activities associated with being a responsible father.
The Children's Rights Council (CRC) of Illinois provided new minimum guidelines to reform judicial protocols at the Illinois Family Law Study Committee in Waukegan on Jan. 26 of this year. The directors of the CRC of Illinois also listened to the testimony of child development and parenting experts, including prominent psychologists Dr. Alan Ravitz of New York University and Dr. William Pins of at Northwestern University, at the committee's hearing in downtown Chicago.
The expert testimonies provided to the Illinois Family Law Study Committee offer Illinois' judges, attorneys and legislators the academic research and examples needed for serious reform. They need only the will power to create new child-friendly parenting time standards, to demand mandatory parenting agreements, and to adopt other reforms that have met with success in other states.
Along with reforms to court protocols, respected clinicians at the Family Institute at Northwestern University have developed alternative processes that would help redirect vengeful, sociopath and uncooperative parents away from corrosive litigation which is ill-suited to family dissolution, and toward constructive co-parenting solutions. Rather than children's future lives with their parents being steered by overworked legal professionals who often lack the special training to deal with ... these disputes (Firestone and Weinstein), processes such as Integrative Family Therapy could provide a system of intermediate-term counseling blended with mediation to help parents put the kids first.
The benefits of updating Illinois family court protocols are many. They include decreased transfers of children between separated parents, greater father involvement in their children's schooling, fewer animosity-generating court battles, greater communication and incentives for parents to cooperate with each other, more father engagement, fewer Disneyland dads, improved post-divorce adjustment, fewer outcomes that scar children, less elevating of one parent into a monopolizing role and clearer signals to all parents that children in Illinois need a meaningful relationship with both parents.
Illinois is poised to place fatherhood onto a more solid footing. Adoption into law of recommendations from the Illinois Family Law Study Committee would send a positive signal that promotes fatherhood as a value. But will our legislators go far enough in adopting significant improvements to current Illinois family law? Do they have the political fortitude to revise our statutes so that Illinois family courts become significantly more child-friendly?
All of these reforms and alternatives to judicial processes could be put into law. But like all changes to the status quo, there will be resistance. Concerned citizens will need to advocate that legislators should provide Illinois children of separated parents the opportunity for the responsible fathers they deserve and set a positive example for all families.
Mike Doherty is chairman of the Children's Rights Council of Illinois (www.equalparentingillinois.org). He can be reached at
Smaller government, less taxation and coalition building discussions should happen while attending your local Tea Party. Check it out; show up with your t-shirt, buttons, signs and information and be a leader.
Tea Party Convention this Saturday Sat., June 13 – Capitol City Baptist Ministries, 5100 Willoughby Road, Holt
If you haven't registered yet, this is your chance to be further informed by expert speakers, meet fellow activists and grow the movement...all for just $10. At the organizers’ request, AFP–MI staff will help lead two panel discussions, so we hope to see you there. Visit www.teapartyconvention.com for more info.
Upcoming Fourth of July Tea Parties At last count, we know of 16 Tea Parties that are scheduled or being organized across Michigan for July 4th.
ManchesterGather @11am; Program @ noon American Legion Post 117, 203 Adrian St. Info: Bruce- cell: 734-972-1844; home: 734-428-9573
Clare 1–3pm 5th Street Park Info: Adele Allen- 989-386-9030; firstname.lastname@example.org
Holland- noon Centennial Park Info: Bart Spencer- 616-218- 5118 email@example.com
Kalamazoo 6–8pm Bronson Park Info: Gene Clem; firstname.lastname@example.org
Owosso noon–2pm 2355 E. Main St Info: Bea Vajgart- 989-729-8897, email@example.com
Northville 12:30–3:30 Northville Community Park Info: Maribeth Schmidt; firstname.lastname@example.org
Port Huron 4–7pm Smiths Creek Rd at I-94 (Kimball Twp) Info: Lee Sheldon- 810-385-4406, email@example.com
Traverse City 4:00pm Traverse City Civic Center
Lansing 1–3pm State Capitol Bldg.
Jackson (TBA) Info: Kathy Houle- 517-764-0623
Niles (TBA) Info: Jo Flock- 269-683-4242
Big Rapids (TBA); Grand Rapids (TBA); Hudsonville (TBA); North Branch (TBA)
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
ANNUAL FATHERS DAY DEMONSTRATION - 2009 - WEST SIDE LAWN, U.S. CAPITOL , SUNDAY, JUNE 21, 2009
ALL DAY EVENT - Sunday ONLY this year (See D.C. EVENTS below for Saturday 6/20/09 *)
ANYONE CAN ADDRESS HIS OR HER GRIEVANCES TO THE WORLD VIA THE INTERNET IN FRONT OF THE U.S. CAPITOL. VIDEOS WILL BE RECORDED BOTH DAYS AND UPLOADED TO www.youtube.com/markyoung12 (NO CHARGE)
PLEASE PREPARE YOUR SPEECH OF UP TO 30 MINUTES TO TELL YOUR STORY, FOCUSING ON ERRORS & INJUSTICES BY THE COURTS (NOT YOUR EX) IN YOUR CASE, OR ABOUT THE DIVORCE INDUSTRY IN GENERAL.
Please respond if you plan to attend to give an idea of turnout, or to give ideas in general. All individuals and groups who support equal parenthood are welcome, including mothers especially, children, grandparents, aunts, uncles - all victims of family courts.
It's your Capitol, and your U.S. Constitution that's being violated. Let The Congress know we need federal legislation for enforcement of childrens' and parents' rights, as much or more than we need a federal bureaucracy for child "support" enforcement! !!
If you can't make it, you can submit your speech: 1) preferably video recorded in front of your state capitol or local courthouse, or 2) in written form by email. We will try to read submitted speeches Fathers Day week-end, time permitting. Otherwise we can post them on the Internet.
"Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny." - Patrick Henry
"The germ of destruction of our nation is in the power of the judiciary, an irresponsible body - working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated." - Thomas Jefferson
"When the people fear the government, you have tyranny. When the government fears the people, you have liberty." - Thomas Jefferson
"Cowardice asks the question, is it safe? Expediency asks the question, is it politic? Vanity asks the question, is it popular? But conscience asks the question, is it right? And there comes a time when one must take a position that is neither safe, nor politic, nor popular; but one must take it, because it is right." - Martin Luther King
"If you see injustice and say nothing, you have taken the side of the oppressor." - Desmund Tutu.
"The person who has nothing for which he is willing to fight, nothing which is more important than his own personal safety, is a miserable creature and has no chance of being free unless made and kept so by the exertions of better men than himself." - John Stuart Mill
"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds.." - Samuel Adams
"The only thing crueler than tearing children from their parents is falsely leading children to believe that they are unloved by their fathers." -Stephen Baskerville
"Naturally the common people don't want war; neither in Russia, nor in England, nor in America, nor in Germany. That is understood. But after all, it is the leaders of the country who determine policy, and it is always a simple matter to drag the people along, whether it is a democracy, or a fascist dictatorship, or a parliament, or a communist dictatorship. Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country." Herman Goering
We are also being considered for 2 Major Festivals in Australia with help of a friend and supporter there. (Thank you) Keep your fingers crossed and your prayers high and enthusiastic.
Not sure how things will turn out or where this movie will go from here. All I can do is be honest and tell you I am still working on this project in my spare time to be sure it gets out somehow. Thank you for trusting me. I believe this project will be successful and change lives in more ways than one. It has for me…….all positive. One day many of you will know why if you don’t already.
It could be great if we can bring the movie to LA and NY for the 7 day screenings so Ill keep praying on that and hopefully you do the same. If you have any suggestions please let us know.
PLEASE if you or someone you know can be in ATLANTA those dates please email us. It would be great to have AS MANY PEOPLE THERE AND AS MANY PEOPLE show up 3 days there for the support…..….support……. SUPPORT?.
We have more T-Shirts now and will be having White ones up soon so it would be cool to have them on that week and please remember we have the Sneak Peak available. GET YOURS TODAY. You get the credit on the full film at the release date on our website. SO BUY-IT NOW if you haven’t already.
Whatever support you can help us with it is greatly appreciated $5,10,15,20 or $100 please pass it on! Thank you. We have to make this really work.
Thanks for all the support and more to come. So now you can really stay tuned!
All the best and may God Bless.
HELP THE MOVIE :SUPPORT? system down get marketing today.