You can Prevent the Child Abusing Courts from Winning

today our lecture on chapter 15 is where you're going to find the pieces that will help you not only protect your claims but move the court away for using lowered standards for claims of abuse chapter 15 discusses how the fifth amendment applies to family courts Ron Palmer here author of not in the child's best interest I'm here to talk to you today about chapter 15 chapter 15 covers the Fifth Amendment now the Fifth Amendment is gener an amendment that protects you against criminal issues and protects you when you're charged with a crime however it's very important to to understand that the Supreme Court has said that when you are taking somebody's fundamental liberty interest away from

them you are punishing them and because you are punishing them this is no longer is a civil matter only it becomes at the minimum quasi criminal and when that happens certain criminal level protections are invoked not all of them necessarily but many of them and what we're saying here is that when the court through a custody proceeding seeks to strip you of your fundamental right to be a parent which the Supreme Court has very clearly said you have when they do this it is not a simple civil matter it is quasi criminal and some of these protections apply right so what are some of these protections number one you're innocent until proven guilty and how

this translates into custody is that you are a fit parent deserving of all of your rights until the state proves otherwise and because we've talked about the First Amendment we say that level of proof has to be clear and present danger to the child that is the only standard by which you can take or a child from a parent and be consistent with the First Amendment so the one of the places where the Fifth Amendment app applies is in these family studies not only are these family studies an invasion of your privacy or they searching through all of your private information looking for something to use against you but they're also testimony you are in effect

testifying and testifying against yourself for some unknown criteria that the judge is going to use to deprive you of your rights so they're seeking just general testimony on wide range of issues without any right to object or have your attorney present or any of these protections that you would normally have so they are certainly violating your fifth amendment rights to not incriminate yourself and remember the fifth amendment applies not just to people who have committed crimes and are protecting themselves from admitting that they committed a crime the fifth amendment protects people from giving the government information that the government would use to probe into their lives to invade their privacy even if

they are innocent right so the fifth amendment protects innocent people as well as guilty people and that's why you can't infer any guilt from somebody pleading the fifth because it may be that they're simply protecting themselves from an invasion of their privacy that would happen because the government would tend to think they did something wrong from what they testify about even though they didn't actually do anything wrong another place where these where these protections are really really important is when divorce courts and custody courts start dealing with things that are really criminal in nature when they start talking about domestic violence or alleged harm to a child these are criminal matters and

normally when you're charged with criminal matters you have criminal levels of due process that protect you and they have to prove Beyond a reasonable doubt that you did these things before they can punish you and what they're doing doing in divorce court is very slick and it's basically cheating but they're saying well since we're not putting you in jail we can go in and use these allegations against you the state doesn't have to prove them the standard of evidence is much less but then we'll just take your child away from you and they get away with this because most people falsely believe as the courts continuously tell them that this is a civil matter not a criminal

matter but the fact is if they are stripping you of your fundamental constitutional rights then it is a punishment and it is at a very least a quasi criminal matter and these protections apply so as Ron just explained the Fifth Amendment does apply in family courts and that they really don't have the authority to deny you the protection of your fifth amendment they'll use the excuse that they're avoiding red tape judicial expediency and other things like that but is that really beneficial for anyone or could that actually be costing you more are they costing You by letting real criminals go 168 where we talk about the court has no Authority under law to find that you owe

the other parent and that you must pay that debt by giving them your fundamental Liberty to be a parent they're using these to find things that can make them think that something's wrong or that something's going on in order to support some weak claims by the other side or if the other side does have valid claims they could be limited with what kind of punishment they can deliver and maybe essentially as he discusses letting a criminal go let's go back to run for a demonstration on how one of the ways of improper application of criminal claims in family courts could be hurting you and your children one of the important protections of applies is

double Je Jeopardy if they in fact make allegations that are criminal in nature against you and then they deprive your you your rights to your children then they have made made a criminal allegation and they have punished you as a result of that criminal allegation with a deprivation of a fundamental liberty interest there's this little thing called double jeopardy where if someone is actually guilty of harming a child and they go through a divorce proceeding and their child is taken away from them then they have already been punished for the crime and you cannot then come back and punish them in a criminal trial a second time that's Double Jeopardy so what the divorce

courts are actually doing is allowing potentially guilty people to get away with it without going to jail because they're punishing them through the divorce courts which is simply not allowed under our constitution right and it's very important as a society that we don't allow that loophole when people truly are hurting children we want them to be held accountable but we need to do it in the right way we need to charge them criminally and we need to convict them using criminal standards and once that's done then we can deny them rights to their children and do so legitimately so once again when they try to trick you and use the excuse that they need these

family studies so the judge can come to a decision or make a determination well now you know we all have the protections of the Fifth Amendment and we need to assert those one of the important things about the Fifth Amendment is the rights don't just happen you have to assert your fifth amendment rights you have to stand up and say I have these rights I plead these rights protect me so in closing basically the courts are operating off fear off their own fear off your fear they feed the fear you feed the fear and what happens they claim that they're protecting children from harm well our constitution is supposed to protect us from these types of

behaviors and if we refer back to 171 the Supreme Court actually addresses the issue of fear of harm that may come to a child the status notion that governmental power should supersede parental Authority in all cases because some parents abuse and neglect children is repugnant to American tradition and that is from parm versus Jr in 1979 so essentially just because a judge or the other parent may go in and INF Flame the court and make the court think that maybe somewhere someday along the line harm may come to the child and it's only merely based on the fact that they just disagree with who you are or the decisions that you make that is not

sufficient enough to throw out our Constitution and to throw out the proper procedures and due process all they're really doing is creating more expense more burdens and more barriers between you and your child while you lose time and money your child grows up within this mess that the courts have created that they've convinced you is necessary to protect a child well once you've gone through this chapter 15 you're going to be better equipped to know and they will not be able to trick you as easily anymore and you will be able to convince them that they are truly wanting to protect children and they are Against Child Abuse then they should agree that

when someone is legitimate harming a child they should be going to jail and they should not be putting your child at risk of ending up back into that true criminal's hands because they refused to follow the proper procedures just a recap what we covered in chapter 15 back at the end of our chapter we have the important points to remember so I'm going to just remind you of a couple of things that we covered criminal charges have no place in divorce court pleading the fifth protects even the innocent from divulging information deprivation of fundamental parental Liberties is nothing less than a punishment by the state so what matters is not so much

what they call the hearing but the result of the hearing and if the hearing results in punishment and they are depriving you of fundamental Liberties then they need to use use the highest levels of due process and standards available to you to protect you from the improper deprivations Fifth Amendment protections designed for criminal proceedings can be held to apply in civil proceedings what we cannot abide in a free Society is allowing the fear of harm to create a condition where we do not abide by the rule of law or where we allow laws to be applied capriciously and arbitrarily the mere allegation of a hideous act does not make it true and

lastly particular care and skepticism should be applied to criminal allegations where the accuser stands to receive material gain in the form of superior parental rights and financial gain through child support provisions and where the accuser does not pursue criminal charges and that covers it for chapter 15 thanks for joining us and we'll see you in the next [Music] [Music] lecture [Music] oh