Q&A webinar #3 partial
In the last part of this 3-part webinar series Sherry Palmer of Fix Family Courts answers questions about abuse and the family courts. (This is a Q&A webinar.)
By: Fix Family Courts | Posted: | Modified:
Q&A webinar #3 partial
Published: April 03, 2015
Are the family courts stripping children of fit parents and putting them in the hands of abusers? Are the courts imposing supervised visits on fit parents and slapping them with protective orders when they never committed any crime? In the last part of this 3-part webinar series Sherry Palmer of Fix Family Courts answers questions about abuse and the family courts. (This is a Q&A webinar.) If you have more questions and want to get more information contact: www.fixfamilycourts.com http://www.fixfamilycourts.com/services/ if you want a membership to see the rest of this video http://www.fixfamilycourts.com/shop/ if you would like to purchase a t-shirt.
Video Transcript
0:27 you 0:36 okay if you guys can start posting any 0:39 questions that you have if you don't 0:41 then I'm going to get to some of the 0:45 questions that we have in the email to 0:47 get us started okay and try to make your 0:51 questions somewhat specific give me a 0:56 single question at a time so that we can 0:58 address that if you do make it compound 1:00 I might break it break it down and last 1:02 week if you guys were here we covered a 1:05 lot of good material we got into a 1:08 doctrine that I remembered later was 1:12 called the clean hands doctrine and we 1:15 were talking about situations where 1:18 parents create conditions or a parent 1:21 might create a condition during the 1:24 pendency of your lawsuit whether it be 1:27 just divorce child custody whatever it 1:30 is that you guys are litigating over and 1:32 they'll create conditions to 1:35 disadvantage you they've been using that 1:38 doctrine for a long long time in 1:40 contract law they tend to not use 1:44 anything that they can avoid in family 1:46 law as most of you know but get familiar 1:49 with that I just posted it on my blog 1:53 there's lots and lots of cases that use 1:56 it get familiar with it and talk to your 2:01 lawyer to see if maybe they they can 2:03 integrate some arguments to get the 2:06 judge to rule on whether or not they're 2:08 going to allow conditions that were 2:10 created during the pendency of the suit 2:12 because that's not really an accurate 2:14 picture of what's going on right and I 2:17 don't mean accurate picture as in do 2:19 they know your life do they know 2:21 everything about it everything about 2:22 child's life what I'm talking about is 2:24 an accurate picture of whether or not a 2:27 parent is a danger or unfit for a child 2:31 so you know they're creating 2:34 inflammatory conditions they're 2:36 stressing you out they're making you 2:38 worried some of them are even taking off 2:42 with your children closing bank accounts 2:44 so naturally you're going to be 2:46 responding to those things I know some 2:49 you probably regret some of the 2:51 responses that you have but either way 2:53 it's human and so there's a lot of 2:56 dialogue around that but you want to 2:58 make sure that's out there and upfront 3:00 and that you address that so we did talk 3:03 a little bit about that last Thursday we 3:05 talked about that being one of the 3:06 elephants in the room that if you don't 3:08 address that elephant in the room let me 3:11 get that blog post for you if you don't 3:13 address it they're gonna use it against 3:15 you and then maybe you're not gonna get 3:17 an opportunity to address it because at 3:19 some point in time that judges made up 3:22 their mind haven't they and then they 3:23 don't let you talk anymore so you need 3:26 to get it out there as soon as possible 3:29 if nothing else to put it on the record 3:32 there's something else that I want to 3:34 address before we get started in your 3:36 questions let me give you the blog link 3:38 so you guys can all go there and get 3:41 that clean hands doctoring quote that I 3:44 just posted right before I started the 3:46 webinar it's really important I think 3:50 it's it's a very simple way of looking 3:54 at the clean hands doctrine I think 3:56 you'll be able to understand how it 3:59 maybe relates to you even though it's 4:02 not a divorce or child custody case that 4:04 I got it from okay so you guys don't 4:08 have to go there now and look at it but 4:10 I'm going to tell you the name of it it 4:12 is brown versus lead Minnesota Court of 4:17 Appeals 2015 so it's not it's not a 4:21 Supreme Court case from the United 4:23 States Supreme Court and if you're not 4:24 in Minnesota and you're not in that 4:26 appellate court it's not going to be 4:28 controlling for you but again what 4:31 you're trying to do is understand some 4:33 of these concepts so that you start 4:36 making better choices and better 4:38 decisions with your lawyer and in the 4:41 court itself so if you don't have a 4:43 lawyer understanding the way they might 4:46 look at something or think about 4:48 something will help you get the result 4:51 that you want because you will learn how 4:53 to communicate to the court in a way 4:57 that they can take appropriate action 5:00 okay doesn't mean they will and 5:03 the other thing that I wanted to address 5:04 with you was right before I came into 5:07 this webinar I was getting some emails I 5:08 won't mention any names and I see your 5:11 question there Steve oh I'll get to that 5:13 I won't mention any names but you know 5:16 when someone emails me and says I talked 5:20 to a parent and they said they used your 5:23 methods and they didn't work no method 5:26 always works all the time 5:28 the methods that we teach by the way are 5:32 not just any method it's not just 5:36 materials that we created what we are 5:39 teaching is the foundation of your 5:42 rights and the protection of those 5:45 rights so when somebody says that it 5:49 didn't work what does that mean exactly 5:52 and in this particular case it means the 5:56 judge didn't side with them we tell 5:58 everybody all the time that just because 6:01 you go in there and you show the judge 6:03 you learned your rights does not mean 6:06 the judge is going to agree with you 6:08 does that mean that you don't present 6:12 your rights does that mean you don't 6:13 tell them did you want them to apply the 6:16 proper law to your case no of course it 6:19 doesn't so keep in mind that you're 6:25 dealing with a lot of frustrated people 6:27 you are also dealing and I mean out 6:30 there you're wherever you're surfing 6:33 Google Facebook people your parents your 6:36 calling you're dealing with a lot of 6:39 frustration you're dealing with a lot of 6:40 hurt a lot of anger and a lot of 6:44 desperation and everybody wants that 6:46 magic bullet right everybody wants to be 6:49 able to say I found the one thing that 6:51 works every time if that was the case 6:55 none of you would be here right now or 6:58 at least not very many of you right I 7:00 mean there's always those few that are 7:01 not in touch third or didn't hear about 7:04 something and they find out about it 7:07 later down the road I mean heck we still 7:09 have we still have lots and lots of 7:12 self-help books that have been selling 7:13 for generations so what 7:17 I'm saying is there's lots of different 7:18 reasons somebody may feel that something 7:21 doesn't work and the other thing is a 7:23 lot of parents when they come to us if 7:27 they're already at the end of their case 7:30 which was the case in this particular 7:32 one and you're in a final it's very very 7:37 hard to get that turned around to change 7:40 the momentum in a final you're gonna 7:43 have a lot more luck if you start using 7:45 this earlier on but again does that mean 7:49 that you don't protect your rights and 7:52 preserve them on the record I hope not 7:55 because if you don't use them you're not 7:57 going to be able to raise that on appeal 7:59 you will not be able to challenge that 8:01 judge so hopefully now nobody in this 8:04 group has a misunderstanding about what 8:08 it is we're talking about 8:10 we are not guaranteeing that you're 8:13 gonna get your way when you use these 8:15 methods we are saying that when you 8:18 start applying these materials and 8:22 making different decisions you will 8:25 start getting some different results and 8:27 most the time there are positive results 8:30 not always in the court that sometimes 8:32 outside the court sometimes with some of 8:35 your negotiations with the other parents 8:37 sometimes that changes sometimes it 8:39 changes the way you look at things the 8:41 way you handle these and again in that 8:43 particular case where this parent claims 8:47 the other parent says the material 8:49 didn't work we're still applying that 8:51 material we're still working with that 8:52 parent and there's a lot more to the 8:57 methods that we use when we hope you 8:59 integrate this stuff into your life we 9:01 also help you change a lot of other 9:04 things about your life and again that's 9:06 that's how you deal with that other 9:08 parent the kind of decisions you were 9:10 making regarding the communications 9:12 without other parents so there's a lot 9:14 of success that we're having in that 9:16 area as well so I wouldn't look at that 9:18 person's situation as it didn't work and 9:21 when you start to get negative like that 9:24 you are basically closing your own doors 9:26 you will cause yourself to fail 9:31 and not have any other avenue or outlet 9:33 so I hope that none of you do that and 9:34 if you do come to me I'll maybe you know 9:37 I don't want to say kick you around a 9:39 little bit but if you kick me around I'm 9:42 gonna show you if it's accurate then you 9:46 know I'll say okay yeah you know maybe 9:48 that didn't work if this didn't work but 9:50 in this particular case I don't see 9:52 anything that didn't work I just see 9:55 situations where sometimes you don't get 9:58 a judge that agrees with you okay so if 10:02 we got that settled let me go on to our 10:04 first question and Steve you're saying 10:08 that your ex is wealthy and has 10:10 succeeded in alienating you from your 10:12 four kids and the family law system 10:14 supports her that sounds familiar 10:17 the ex has BPD which if any of you are 10:21 not familiar with that that's bipolar 10:23 disorder and is abusive to the children 10:26 okay so what is your question Steve 10:30 okay so put a question out there David 10:33 asked a quote and I'll get back to you 10:36 when you ask a question and just that's 10:37 the foundation of where he's starting 10:39 from so David asks in trial how can you 10:42 get your evidence presented in court 10:43 well David I'm glad you asked that 10:46 question 10:46 we are not lawyers but we do help well 10:50 what we do is we present information 10:54 that we read that we've come across out 10:56 of some of the law books that we have so 10:58 we just share it with you or some Mets 11:00 you know some things that we might have 11:02 done when we were going through it so I 11:04 have blog post David if you type in the 11:08 word evidence on the blog post it will 11:11 pull up every article that we've written 11:13 on that and in fact I went into great 11:15 detail on some of those so go to the WWF 11:19 X family courts com blog and I'll post 11:22 the link up here and get back to the 11:28 right page it's quite hot in here I have 11:33 a broken air conditioner so you have to 11:35 forgive me if I start getting flush okay 11:40 here's the blog 11:43 go to that page David and anyone else if 11:46 you want to look at that real quick 11:48 because this is real this is a really 11:50 really valuable tool you go to that link 11:54 go to the right side of the top of the 11:57 page where it says winning child custody 12:00 strategies go below that box it's a 12:03 purple box there's a there's a yellow 12:06 button that says opt-in to win go below 12:09 that you'll see a looking glass and a bar 12:14 type in the word evidence and hit return 12:20 mine's going really slow and there you 12:23 go 12:23 as soon as you do that you're gonna see 12:26 posts that say daily tools storing and 12:29 sharing your evidence just got easier 12:30 then go to the next one entering 12:33 evidence hearsay exception the next one 12:36 the four steps for entering your 12:37 evidence the next one remedy for 12:39 removing judicial immunity next when 12:42 what happens after the final trial being 12:44 left in limbo without a final order sign 12:46 so David let's go to the one that says 12:48 the four steps for entering your 12:50 evidence and I'm just going to copy the 12:53 link for you guys because you can spend 12:55 your time going through that David and 12:57 then if you have additional questions 12:58 you can certainly send those to me 13:01 through email so here's the post on that 13:04 one David I hope that gives you what you 13:06 want and let's see make sure I didn't 13:14 miss any questions up here okay alright 13:19 so Steve you still have a posted your 13:21 question I'm not sure what you're asking 13:25 on that about the your ex has alienated 13:29 you you're saying she has a bipolar 13:32 disorder abusive to the children I can 13:34 tell you that we did discuss some topics 13:38 regarding you know when parents when 13:41 parents feel that the other parent is 13:43 abusive to the children and they go in 13:46 and they try to prove that to the courts 13:48 and then the court doesn't the court 13:53 doesn't do anything about it I see that 13:56 happen 13:56 a lot and the way that I understand it 14:00 is for the most part I hear about the 14:04 parent complaining about abuse to the 14:07 children or making the allegations 14:09 excuse me lose the children and then the 14:12 children the children end up with a 14:14 parent that that other parent felt or 14:18 knew was abusive right and again my 14:23 understanding of it and from our 14:25 perspective for what we do is that from 14:28 a constitutional perspective our 14:30 observation is could just be simply 14:33 biases and they just acted on that when 14:35 you're making allegations that someone's 14:38 abusive to children from every state 14:40 I've checked in child abuse is illegal 14:42 it's a crime so let's say you've made 14:47 those allegations you did not prove it 14:50 to that level and the other parent then 14:53 counters and starts making claims about 14:57 you or complaints that you're 15:00 interfering with their ability to spend 15:02 time with the children to have a good 15:03 relationship and those kinds of things 15:05 and the judge sides with them they might 15:09 be using preponderance of the evidence 15:10 which is a lowered standard so it's not 15:12 right it's not just at all it's getting 15:15 really bad results which is why we also 15:18 have posts on that talking about raise 15:21 the standard raise the due process that 15:25 you're using ask for it in your motion 15:27 so when you file a motion to be heard on 15:30 your claims asks for strict scrutiny to 15:33 be used as for clear and convincing 15:34 evidence and then make sure did you have 15:37 evidence to meet that standard but ask 15:40 for it to be used so they don't lower it 15:42 on you that's what I think is hurting 15:44 most parents 16:21 you
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