DAILY TOOL: Disposition Hearing–

TOOL OF THE DAY: Disposition Hearing.
CATEGORY: Family Law Due Process

Force the burden of proof onto the courts and the opposing parties by requiring them to prove you unfit or a danger directly to your child when they make false accusations by demanding proper due process.

This would mean objecting to any hearing being held for deciding your rights, duties, responsibilities, and time with your child before a trial “at which the court hears the allegations and evidence and decides whether the state has the right to intervene on behalf of the child.”

This would be an adjudication hearing. When a judge or an attorney tells you that they don't do it this way in family law or that they don't call the hearings this.

Teach them the difference and stand by your demand for proper due process. Most temporary orders hearings produce results akin to a disposition hearing. This is not allowed before they prove they have “the right to intervene.”

You can show them the definitions straight out of Black's Law Dictionary p.788 Ninth Edition. Note where the dictionary refers to family law under the disposition hearing definition. And note where they refer to adjudication hearing as “Administrative law.” Both apply in family law and domestic relations courts.

The following is the definition straight out of the dictionary: “disposition hearing. (1960) Family Law: 1. In child abuse and neglect proceedings, after an adjudication hearing at which the state proves its allegations, a hearing at which the court hears evidence and enters orders for the child's care, custody, and control.” Notice how this reads “after an adjudication hearing.”

No reason to accept that maybe the judge or the attorney just didn't know this was required for proper due process anymore when it is in black and white in their own dictionary.

They simply have been tricking you out of your rights and due process by getting you to accept their excuses, bluffs, and their bullying to get you to consent. Number one bully technique is to tell you that it will be expensive and require more hearings. Take a look around it's expensive doing it their way and you have no recourse and no protections. They find ways to impose other expenses on you, if not directly in court, they do it by dragging in their so-called experts in the form of GALs, parenting facilitators, court appointed people, family studies, etc. These all take time and make the assumption that they have a right to intervene. You are challenging their right to intervene not arguing whether or not they made a good choice, and not whether or not one parent is better than the other one.

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• See more at: https://www.fixfamilycourts.com/divorce-child-custody-blog/daily-tool-rebuttable-presumption/

Strategic Parental Rights Strategist, Instructor, Constitutional Scholar, and Author

Divorce Solutions and Child Custody Solutions

Co-author “Not in the Child’s Best Interest” (Book on parental rights and children’s rights)

Co-author “Protecting Parent-Child Bonds: 28^th Amendment” (Book includes guide for legislators)

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