Overview: 4th and 8th amendment DO apply to Family Courts!
Get the book here: www.fixfamilycourts.com/book This is sound bites from a lecture delivered by Sherry and Ron B Palmer this week teaching parents how to fight back and take their rights back that they were tricked out of by the divorce and family courts.
Chapter 14 from #1 most powerful parental rights book by Ron B Palmer
In standard family court litigation, fit parents are routinely told that trial judges have unbounded discretion to divide custody and assign possession schedules. However, controlling Supreme Court jurisprudence strictly establishes that natural parental rights cannot be denied, stripped, or nullified without proving unfitness under strict scrutiny. Understanding these core constitutional protections empowers parents to hold attorneys and trial judges accountable to the law.
Executive Summary & Key Takeaways
- ✓ Exposes the procedural and constitutional defects in standard family court custody proceedings.
- ✓ Explains why fundamental parental rights are protected under the Fourteenth Amendment Due Process Clause.
- ✓ Equips parents with actionable legal arguments to counter judicial overreach and preserve the record for appeal.
Key Topics & Video Timestamps
Navigate directly to specific topics, arguments, and strategic insights covered in this presentation (1 indexed chapters):
Full Presentation: 4th and 8th amendment DO apply to Family Courts!
Complete presentation (04:51) covering core parental rights and strategic legal arguments.
Constitutional Principles & Controlling Precedents
This presentation directly implicates fundamental constitutional guarantees and controlling appellate precedents:
Cited Judicial Precedents
Constitutional Protections Invoked
Full Video Transcript
Ron Palmer here, author of Not in the Child's Best Interest, and I'm here to talk to you today about chapter 14. And this this chapter has to do mostly with the Fourth Amendment and your right as an American citizen to be left alone, free from government interference in your life. And what this means is is that your right to fight to privacy, that's that we talk about so much. Now, a big part of this private space is to be free from people coming in and probing into your psychology and and and asking intimate questions about how you live on a day-to-day basis and using those to judge you and deprive you of your
rights. Now, think about this. When you're in a divorce court setting and you're facing a custody challenge, what is one of the first things the courts want to do? They knock you off balance to keep you from fighting back. use your child to testify against you. The method they use to do this is to take your child back in the chambers and question them privately. We've discussed in previous lectures how to object to this.
On page 155, we state something that brings to light exactly what they are doing to you. On page 155, it says, "It is insanely cruel for the family law system to allow a child testify against a parent simply because that system cannot come to terms with fundamental liberties. And we further talk about their use of family studies is just another way to intimidate parents. On the page prior to the one I just read from on page 154, it says, "By refusing to perform their duty under the law to uphold the Constitution and provide equal protection to each parent so that neither parent can be disadvantaged or intimidated into giving up their equal rights and time with the
child, the court itself is unnecessarily imposing conflict on the families and the child. So if the court were just to respect that you each have fundamental liberties and individual rights that just need protection from the other person attacking those rights. It wouldn't be necessary in most cases for any of these studies or any of these counselors to intervene and to be bringing any type of evidence to the courts. And just because you're getting divorced, they saw it as an opportunity to get involved in your personal family business. They want to have family studies. What is a family study? It's a court authorized agent coming into your home, invading your privacy, asking you
all kind of intimate details about your life, and then using those intimate details to deprive you of fundamental rights. It's nothing less than a fishing expedition. It's no different if than if the prosecutor, the county prosecutor were to come in and start questioning you on everything under the sun and then use all of that to compile a list of crimes you may have committed and then prosecute you for those. It's not allowed for the prosecutor to do that.
And it's certainly not allowed for divorce courts to do that either. The only way they can do that is with a warrant that shows probable cause that you've committed some crime and that's very specific about the information they're seeking to find. These family studies are a blatant violation of your Fourth Amendment right to be free from unreasonable search and seizure. They are searching all throughout your life and all throughout your private matters to gather information. And this is clearly a violation of the Fourth Amendment.
And in addition to the fourth amendment, the eth amendment regarding cruel and unusual punishment also is discussed in chapter 14. That amendment does not restrict this prescription to criminal punishments, but it also applies generally. Federal law has considered removing a child from a parent. A penalty is great, if not greater, than a criminal penalty. So that concludes our discussion on chapter 14. and we'll see you in the next lecture.
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