How to Protect Your Rights in Divorce

[Music] Oh lunch to welcome everyone tonight we have a pretty packed full presentation so I'm going to pull up the presentation this webinar tonight is about how can you ask the courts or demand the court protect your child's rights and your rights and most of you might be in a divorce some of you might be in child custody battles or paternity or even in juvenile court so we're gonna go over who these rights apply to what these materials do for you and we'll show you an overview in a minute so let's get started this is I'm getting divorced and I don't know what to do this is being presented by fixed family courts calm

and this is a video that some of you might have seen that we produce to show what some people are going through when their divorce is first filed so who are your presenters tonight well that would be myself sherry Palmer and JoEllen he's sitting there with man if you guys saw him video okay so well a little bit about us is we're husband and wife team we're highly respected authors speakers and business professionals probably can't tell with the way I'm speaking on the webinar tonight I get a little nervous and the technology is challenging to me we are authors of a couple of books in the Family Court arena and then you

probably don't know about Ron's other book that he wrote in it's a different business arena it's technology management so Ron's first book in Business and Technology Management which I has been used as a university textbook all over the world and it was the basis for a graduate program at the University of Dallas where Ron served on the board for that master's program Ron has presented at multiple academic conferences so while we play ourselves down in the family court arena we are highly respected professionals who are well known for our innovative and creative ideas for identifying and solving intractable problems so why is that important to you guys because you might wonder how the heck does Ron and

Cherie come up with all of this novel material and why isn't this ever come about before well that's because they probably didn't have the combination of our backgrounds and our brains so unfortunately there's some things we'll go over tonight that have prevented most people in the family law field most of them the licensed attorneys judges and other people's we are not attorneys we are not practicing law we are not licensed to practice law nor if we've gone to any law school so what that means is we have different backgrounds that has a lot of segments right through the the biases and with Ron's background I believe he described it as Wendy saying it's like process yes so what I'm

I'm classically trained as an economist and the first thing economists err always taught is question all of your assumptions so that was a vital skill and breaking through all of this and then one thing about challenging your assumptions and challenging the status quo if your income depends on the status quo stay in the same way it is you're never going to think in the through the ideas to break it down and adjust your brain just will not do it these attorneys these judges all have their livelihoods dependent on family law system working the way it is today if they were to follow the Constitution most of the money would leave the system they would have to find

other ways to earn a living in their personal financial best interest to solve this problem so back to the background you are experienced in like process mapping and right I work in the some of the largest companies in the world fortune pot all the way up to the fortune five I help them structure very large global complex business environments where they manage multiple billions of dollars worth of tech technology I teach them how to manage that structure it weed out the complex's the simplified work so that's what we're doing for you in these webinars and this is going to - understanding how and why and in what these materials do for you

and so let's go on to our introduction so I've also sherry myself I've helped numerous parents by working with the parents and their attorneys I've attended trials with them I prepared the parents for testifying help them even create the questions that they'll ask other witnesses help them organize and prepare evidence and their entire presentation or the attorney as well and framing for the court I also use my public policy degree to help people work on proposed legislation and present it in a way that legislators are familiar with and that's also important with our materials for the judges and the attorneys we use language that the judges and attorneys are familiar with Sirona cherry both have created the

content that you see here ourselves on the website and published where we have blogs we do these webinars we do we appear on radio shows and different things like that so we've created all the arguments in the content that we use we also have provided specific constitutional language that has helped the movement be much more impactful and effective when we're talking about the criminal equality movement the equal parental rights shared parenting father's rights movement and all of the organizations that strive to stop the biases in the family courts our materials have provided more impactful and effective argument for them so when we first came into this arena about 2013 that was after all of our court hearings we

published our book in May 2013 the movement was experiencing a low like it was kind of stagnant and when I did my first webinar people were complaining what's going on I think the movements dying it's it's just not working and they were getting really really frustrated so we did a few webinars on that and once we started getting the word out to more people we noticed more people were starting to adopt the language and now what has happened is we've seen another shift we know now that this movement might have hit a tipping point because the language that others are using is now mirroring the arguments that we have in the book and

that we've published in other places and from the webinars so what's happened is when we first got involved with all of this people were basically begging their legislators to treat them better be nicer to me give me something right and what we've done and not just us but but in large part us is we've crafted language that says we're not asking you to give us anything we're telling you that we have fundamental constitutional rights the federal courts have been very clear that we have these federal rights what you're doing is stealing these rights from us what you're doing is stealing these rights from our children and we want you to stop and we demand that you follow

the Constitution that's a much different argument than begging a legislature legislature to be nice to me to give me something we don't want to give us anything we want them to stop taking from us and with that we're going to proceed with the presentation so what will we cover tonight we're gonna cover the divorce bias who should use these motions what do these motions do for you understanding the declaratory judgment and by the way I wanted to let everyone know no we have not received word or ruling on that yet because I did receive several emails that I haven't had time to answer so I apologize but we're gonna help you understand the

declaratory judgment for the state level like what you can do at the state level we filed in federal court and what else we're going to cover equal protection and due process motions those are new breakthrough motions that many of you might have seen on our website the due process motion is protecting your substantive rights we're also going to cover the importance of procedure objections that you will encounter or may encounter when you're trying to use these motions and then our closing so first we're going to cover some divorce bias and why you are even having to ask the court to protect your child and your fundamental rights well if you're not very far in this process you may not

have experienced some of this yet but I have an inkling that most of you probably are experiencing what doesn't feel right to you and it's what we describe as corruption collusion abuse of power bias against the forcing parents or parents whose relationships didn't work out and we'll explain more about that later extortion I I don't even know any other word for it but when they're stealing your money imposing extra debts on you to pay for extra things just to protect your rights that were already yours before you entered that court you know I'm not saying that meets I'm not saying that we're describing what meets a legal criteria but I'm saying what what

this happening to you okay bankruptcy a lot of parents who go through this experienced bankruptcy so how do you protect yourself from these harmful practices well you're gonna hear about that through the rest of this presentation and we have a cute little cartoon there you guys wanna look at that that's not our cartoon that's Balu cartoons calm they have a bunch of cute cartoons on there you may want to visit there sometime and you just need a comedy break although this isn't about funny this is pretty serious and harmful who should use these motions every one who has children every single person who what motions oh sorry okay I think I moved some oh no no I put

that word there even though we haven't covered them yet okay so we're going to cover some motions that we provide have that right here okay so so I mentioned so if you guys are not familiar with the motions don't worry about it will tell you the page to go to to look at those actually you can go look at WWE for calm slash motions and there will be a link that you can click on there and it'll take you to the page about the motions okay so real quickly what these motions are they are training materials that are that are written in the form of emotions so that you understand how this is done

so that it helps you present some of these rights issues to the court okay so we'll go over a little more detail on those in a little bit but let me tell you why you should use them first so you understand how important these are most people when they go through divorce the first thing that happens is you'll go to an attorney if you're served with a divorce lawsuit and that attorney will tell you that you need to file a counter pleading or response pleading to the other side and they won't mention a thing about your rights and they will file motions that only essentially beg the court to pick you to have the majority of the

rights over the other person and that puts you in a very bad cycle so what do these motions do for you we've actually seen motions where the attorneys put in the motion that they're asking the court to make a best interest determination just simply by stage saying that what the attorney is saying is that my client waives all of their fundamental rights and they want to jump right over that and let you have all the power and you make the decision those kinds of things we cut out and these motions are designed to cut that out you also need to to work through with your attorney and make sure they're not saying those

kinds of things in your pleading and if they don't have it in your pleadings they are saying it in the oral testimony when they have a hearing they're saying hey judge these two parents don't get along so yeah we're here today to let you decide which parent gets what rights okay or they'll say I want you to decide the best interest of the child directly but even if they don't say it and they just say we're here today because the parents don't get along they're basically indicating to the courts that they want the judge to make a best interest determination so these motions will address that and tell the court that's not what you're asking them

to do and then most importantly it puts it in the record in writing that you are asserting all of your constitutional rights and you are not waiving them so these motions by doing that placing limitations on the judges discretion so you're not placing those limitations on their discretion we're not doing that either we wrote these motions in language that reflects the Supreme Court language and appellate court language so the Supreme Court has decided that the Constitution limits the judges discretion when they're addressing fundamental rights which is what parental rights and your child's rights to be protected by you are so these motions also prevent the court from adding unnecessary burdens those would

be custody eval psych evals unnecessary discovery and it prevents the coach yeah gals guardian ad litems amicus I learned that they call those CF eyes I believe in Colorado so there are a lot of different labels they put on these but these are unnecessary burdens and that's because of some of the things that we stay in the motions some of your fundamental rights protections require some other steps before they're allowed to place these unnecessary burdens on you they also prevent the motions prevent the court from dragging out the process so when they impose unnecessary burdens on you like custody eval psych evals social studies what happens those take a lot of time before they get done

right sometimes months for these people to go through their process create their reports and submit it to the core and what's happening to you if you're on the back end of these orders if you're the one that was ordered to pay child support you're the one that was ordered that you can only have visitation because you've already been through maybe a temporary orders hearing what's happening to you you might not be getting to see your children you might be going into such serious debt over the cost of all of these burdens that they've placed on you that by the time you get back in the court you're gonna find yourself instead of just fighting

to protect and save those rights you're gonna find yourself fighting to stay out of jail so these motions are designed to help protect you from getting into that position these also protect you from those third party opinions so when the Gow's and others try to come in and say they know what's best for your child that's all in there too it prevents the abuse of power by the courts the attorneys or anyone else that's trying to cheat you out of these rights and cheat your children out of these rights and as we said before it prevents unnecessary discovery those custody about psychrophiles things like that it's discovery but we're also talking about these really expensive depositions

and you know all kinds of things that they put you through answering a whole slew of questions that invade your privacy but it costs money doesn't it it's costing you hours to pay those attorneys just sit there and go through that material and produce it and all the stuff that they need to do so what else do these motions do for you they also protect you from inflammatory judgments and long trials of ridiculous complaints so let's say you've been through the process so we're addressing everybody here people at the beginning people in the middle now these would be the people at the end where you're facing a trial you might be facing a whole week long

trial now because you've had so much discovery that has taken place throughout the course of this divorce or child custody battle that now you need a really long trial so they can enter all of the inflammatory stuff that they done got right opinion or or that they developed throughout the course of this whole process so is ridiculous complaints like what this cartoon says oh my gosh she hid my there's one cartoon says you know she hid the remote to the TV and this one says he recorded over her soap operas that stuff I believe actually does happen I haven't heard those specific ones but I've heard people complain about so-and-so leaves the gate

open they're responsible he's just just things that you think that the judge would know better than to even allow them to spend time on but anyways they don't because they're making money so what else do these motions do for you they protect your children and you by the way from parental alienation now so I guess I technically wrote that wrong they protect your children from being involved in alienation and they protect you from parental alienation we call the process itself an alienating process and you'll learn about that in a little bit but this is also another video that we made we just don't have time to go over them like if you want to see the videos there on

our YouTube channel everybody registered they will get an email from us with the link to this video and the links to our motion pages to these videos and anything else that I think will will contribute to the material that we covered in this webinar tonight so how else can these motions protect you from being alienated as I said stated few minutes ago the courts become alienator stem selves when they make you a second-class parent and restrict your time and authority with your child we call this court induced parental alienation and that's because the alienation would not have been able to be so effective if the court had not created an imbalance of power so they

put the other side in control over your rights and there's another reason that you want you these fundamental rights protected is when you lose these fundamental rights you become powerless it has driven parents into a cycle of hopelessness and depression and as you all have seen in media time and time again too many times parents hurting themselves or others they are devastating they do not know what else to do I've even seen parents who have alienated and I'm not gonna mention names because there's some that are very prominent in society and and some of them even you know try to fight against parental alienation but they themselves were alienated sometimes I don't know if

they realize you know they got hurt in the process but I don't think they realized you they didn't know what else to do some of them so this this concept is is very important and that's so important we've actually trademarked this term court induced parental alienation because most of the parental alienation that takes place can only happen to the degree it does because of what the court does right in most cases if your rights were protected equally and you have equal time in with your child even though the other side is working against you they not take your time the child cannot be threatened to be taken away from you or the kept from the other parent both of

you are going to have your time you have opportunity to counter anything that other parent does right and and there is certainty for everybody involved that the rights are going to be protected and none of this bickering and fighting and made-up stuff is going to do anything to hurt your rights because the bar to take those rights away is very high and we covered earlier that fishing expeditions these motions restrict courts fishing expedition that's discovery that's when they're questioned when they're having others question you even mental health discovery things like that if they have not proven proper grounds for that which we would we would say fourth amendment if they have not true essentially if

they haven't that they haven't established the constitutional authority to infringe your parental rights if they haven't found you previously to be unfit and they can't prove a specific and meaningful harm to the child it's something you did directly to the child speaking in terms of charges that are written down and properly served on you so that you can respond to specific written charges if they haven't proven something of that nature then they have no business and no justification for conducting any kind of discovery regarding kind of your parenting ability any of these things because your parent you don't have to be a model parent to keep your equal time with your children

the Supreme Court has said it in those words right so and that's even when they're saying no we need to ask you about what kind of home you're raising your child in and you compare it to the other on the other parents raising their child and that's baloney that's none of their business you were being questioned before you walked into the court when you guys were together what kind of home you provided for the child and by the way that's a violation of your your fundamental right to raise that child how you see fit if you want to raise that child off the grid that's your option but what's going to happen if you're in a custody battle

they're gonna judge you if that other parent has a bunch of money and a nice three bedroom home in a you know perfect little neighborhood they're gonna judge you and they're going to use a bias against your poverty basically I mean that's maybe maybe a choice but they may see it as poverty and that's something that we express in these motions as well is that the court is not allowed to punish you for poverty but they do it all the time and that's how they hide it with these biases of saying oh but I'm just looking out to protect the child we're saying those are not things that they are authorized to

protect the child from so what you learn in our book and our materials is that the basic premise of equal protection is that they cannot do it to a married couple they cannot do it to use them if we because if you're divorced or because you're a single parent in almost every situation that is the case marital status cannot be used against you period and that means divorce cannot be used against you they're doing it anyway we realize this but they're doing it because these attorneys are not challenging it properly and part of what we're doing is helping you understand how to challenge it properly on the slide on now which is how can these

motions protect your relationships these motions also prevents you from needing to drag a bunch of friends in your divorce as you can see this little cartoon here since the divorce well but I got 60% of his facebook friends you know some people who haven't been through it might think oh my gosh that's so ridiculous but it's true isn't it you lose a lot of friends going through this process and a lot of it to you is they just don't like the pressure they don't like being dragged into the middle either when they're asked to support one of you over the other and so many times the courts require you to bring in bring

in people whose support that you're the better parent these motions cut that off as well they are telling these courts that is an invasion of your privacy the divorce buys culture however is changing and some of you might have seen a post that we made today on our fix family courts page where the Catholic Church endorses shared parenting it was about 2014 where they originally started speaking out publicly and we got this article it was on Cordell and Cordell from dad's divorce and NPO wrote a lot of the content which is national parents organization wrote a lot of this content that that dad's dad's divorce com Cordell and Cordell got this information

from but November 2014 he said children have the right to be raised by a mother and a father well one coming from the Catholic Church that's amazing because you know their stance what their stance has been on divorce they kick to divorce people out of their court I mean out of their their church excuse me so then I guess just last year he started the Pope started speaking up a little more and more demonstrating that they are getting working through their biases and favoring shared parenting so this this new pope is very much against punishing people he's very much in favor of accepting people and helping people work through issues right well one of the

things we have to realize is that the legal system for its entire history has been punishing divorce the marriage started out as a legal and religious concept it was framed up in the religious laws in England that we inherited and even though we no longer have religious laws per se we have many laws that are based on religion and most family codes are based on religious concepts they're based and they used to be based on the idea that your parental rights depended on your marriage if you had a child outside of marriage that was that child was an illegitimate child could not inherit from you could not take your name didn't have the same rights as other

children and oftentimes the parent didn't have rights to the child usually the father didn't have rights to the child the mother would and sometimes the state would take the child from both the mother and the father because they they made your parental rights dependent on the marriage well in the early 1970s through a series of cases the Supreme Court said that is absolutely ludicrous you cannot do it it violates the fundamental rights of the parents it violates the fundamental rights of child you cannot punish the child for the sins of the parents is the basic statement that the Supreme Court has made right and so now what the courts are doing the sins that they accuse a

lot of you you know a lot of the families now and parents going through now is oh well you're you two are in disagreement so we're gonna punish you for that so they look for anything and everything and the bottom line is whether you're in disagreement or not whether the state agrees with your divorce or not whether they want to punish divorce or not they cannot deprive your child of equal rights to both parents based on one of you choosing to get divorced or based on both of you choosing to get divorced they cannot punish the child for what you as adults do and that brings us to our parental Equality slide there are a

bunch of recent studies out there and one of them is the Journal of Epidemiology community health that found that children are mentally healthiest when they can split their time between both divorced parents so if you want some of the studies and shared parenting facts you can get some of these off the slides like I said I'm gonna email the slide PDF to all of you so you will have this you don't have to write it down as quickly as possible or anything like that you're gonna get a copy of this right after this presentation typos and all if you find it so um but this is again this was from the Cordell and

Cordell and the MPO site we also have some information about studies and and our our argument around it on our blog site because you do want to be a little bit careful you don't want to rely on studies you can just use them to help show that this is healthy and that these studies are finding this but you don't want to rely on the studies for your rights so just be aware of that you've got to realize you rely on the Constitution and what the Supreme Court has said about your rights and your child's rights you use these studies to make the judge feel better about doing what he's supposed to do in the first

place but just be aware I mean the other side they can go dig up other studies on you know that counter it so that's why I would say be really cautious because people do all kinds of different studies and they sometimes use studies to manipulate courts that's what the mental health professionals and psychologists that are being used for notoriously in these family law cases is to manipulate the court to the side of the parent that their whoever that psychologist or mental health professional might be choosing I'm not saying that about every single one of them in that profession I'm just saying that's become a common way that we've seen them get used and that's what the

court battle is about in divorce and custody proceedings is not about the law the judge in almost every state has nearly absolute authority to make whatever decision they want and when the judge or anybody has that kind of authority it's no longer about the law it is about about appealing to that individuals emotional biases getting them to get become in your favor and to be against the other person and they use emotional manipulation psychological manipulation every kind of manipulation they can because this the entire process is about manipulating the judge to give you what you want and you want to be you want to put the studies into perspective take a look at the last bullet point

children from single-parent are sorry the second to last bullet point children of divorced parents fare significantly better when they spend parenting time with both parents children who regularly do this have fewer injuries less asthma less headaches and less speech defects and children primarily raised by one parent now just if they're just doing that study in the context of divorce and there are two parents available that's fine but what if there aren't two parents available anymore then you know just just be careful the studies have done this correctly because a child raised by one parent alone let's say the other parent doesn't want to be a part of that child's life now are they saying that

single parent is going to have a child that's going to have more headaches you know more asthma more injuries just because the other parent is so just make sure you question yourself on that because there are some single parents you didn't have a choice so but what I would say about something like that is that that again I would say if that's happening to children who do have two parents but a parent's being restricted that's court induced then right that's not those parents fault they're fighting this way because the courts allowing it because they're refusing to protect your rights so you know is the court allowing that the court is demanding it they set up they

set up the battleground and bring you in and force you to battle yeah so my argument or our argument would be the courts are causing that that's not caused by being raised by one parent that's caused by them in creating a second class parent and a second class child so anyways so now on to declaratory judgment which is these are the solutions for how you're going to prevent all that stuff that we just went over so Ron's going to explain to you what the declaratory judgment is so very quickly there for those of you who don't know there are two legal systems in this country two judicial systems there's a federal judiciary and a state judiciary

there are 50 different state judiciary you can file dekotora judgments and in federal court and in state court however it's very difficult in federal court and if you have an open case if you're in a custody battle it is almost impossible to be heard in the federal court so don't waste your time on that unless you study this and you meet some very specific requirements almost every state and I believe now every state has a declaratory judgment statute and what these statutes say and the most of them mimic the federal statute and what they say is that if you have a case in controversy if you have some kind of issue going on this before the courts or

about to be before the courts and you can ask the court to declare what your rights are either under the Constitution under state statutes or even under private contracts in order to simplify so you can ask them to do this and doing so will simplify the process or even resolve or eliminate the need for litigation judicial proceedings then you can file this dekotora judgment and what we're saying is that we're asking the courts to declare what your federal constitutional rights are as a fit parent regardless of your marital status and more importantly what your child's rights are with each parent and whether those rights are equal with each parent so once you

decide what those rights are then you ask we're asking the court to state what level of procedure is required yeah and here's here's what that does is that simplifies the process doesn't it because if the court decides you have these rights and they decide that there's a process required before they go in and effect those rights guess what what did you just do you just cut out all the those girls child custody studies socially studies all of those because the court just said those are fundamental right so there's a there's wince once they establish that those are fundamental rights then they decide what the process is and we go into more details of that in another webinar but

the important thing is is that once they do that they have just cut off a bunch of things that you need to litigate about so now you don't need to argue over whether or not you have equal rights you do now the judge has to protect them it's a completely different argument now isn't it right and well I've been where this as powerful as it forces the judge to commit in writing to these things right and so they can't they can't make a decision and then justify it in any way they want to you're asking them upfront to declare and put in writing that we either have these fundamental rights or we don't we

either have specific procedural protections for these rights or we don't and if they say they if they say you do then the court had that some means that the court has to do certain things in certain ways are they are abusing their discretion they say you don't then when it's time for appeal you have something solid to appeal home because the federal courts in the United States Supreme Court have very clearly said that you do have these rights and then you have real solid appealable arguments not just you ruled against me I didn't like it so now we're going to move on to the motion so now that you understand a little bit about

the declaratory judgement and the reason it's important these emotions have set this up for you so instead of having to file a federal brief like we did what we did simplify that into these two motions they are I'll just try to show these other two slides to you real quick one it's an equal protection motion so real quickly these come both of these come from the 14th amendment what the 14th amendment does for us it gives us a couple of things one is it has a due process clause and it's that says that the state and specifically the state cannot deprive you of life liberty or property without due process of law now

these are called substantive rights your life your liver to your property are called substantive rights that term Liberty is a very big poorly defined term and it means a whole lot of things the first thing it means is the first nine amendments to the Constitution your First Amendment right of free speech freedom of religion all these things your Second Amendment right to bear arms your Fourth Amendment right to be free from seizure and searches all of those are substantive rights that as of the Fourteenth Amendment apply to the states and then limit those limit the states right so these substantive rights whether in the second version by the way I mentioned ones they equal the equal

protection motion he's also talking about the due process motion which is substantive rights and so what these rights are are saying that you have these rights and that they are certain level of Rights called fundamental and when they are fundamental it is incredibly hard for the states to deprive you of these rights they have additional procedural burdens that they have to have to meet and that's the due process part of it due process means there is a procedure that you have to go through and the procedure is same for everybody and the state has to follow it so the first motion the substantive motion tells us what those substantive rights are right and then

the other motion is the Equal Protection right the other clause that's important in the Fourteenth Amendment is the clause that says no state shall deny any individual the equal protection of the laws this means if your similarly situated situated someone else the same law applies to you in the same way now I mentioned earlier that they cannot infringe your rights based on your marital status they can't punish the child because of the sins of the parent what that means is that they cannot classify you differently because you're single they cannot classify you differently because you're getting divorced and that means there is one class of parents fit parents that have fundamental rights if you're an unfit

parent then they can deprive you of your rights but a fit parent cannot be deprived of their rights except under some very very strict conditions and you as a divorced parent or you as a single parent or still in that class of fit parent and they cannot separate you out because of your marital status and so they must protect your rights the same as they would a married person's rights and that means that there are certain due process procedures that apply both to your substantive rights and to your equal protection rights so the first two motions establish that you have these substantive rights and these equal protection rights and that they are

fundamental and because they are fundamental these highest most strict level of procedural protections applies right and we go into in the motion specifically what that means and real quickly what that means is you don't have to prove anything the state has to prove it the state has to prove a compelling state interest that means they're their choice to act has to be necessary they can't just walk through they can't just say it's a good idea it has to be necessary to protect whatever state interest they're putting out there their statutes have to be very precisely written so that they only limit the rights that are necessary and they don't limit any others when the

state statute says that they can deprive you of any right they won't based on the best interest of the child that is so far from being precisely drawn that's not even funny they are wildly unconstitutional they do not meet that test and lastly and this is critically important they have to use the least restrictive means possible when they correct an action or when they take an action so when they write an order that order has to be as provide as little restriction on your rights as is possible and still achieve the their legitimate interest what they said was their compelling interest and that means 5050 they can't take one minute more away

from you than the other parent unless they can prove that's the least effective least restrictive way to accomplish what they want to accomplish and that what they have to accomplish has to be compelling so this is very very powerful and what we're doing and separating out the motions it's separating out the issues into those two clear places substantive rights equal protection rights and then saying that this level of procedure applies because of these rights and that very powerfully blocks the judge locks him into a very narrow channel of what he can or can't do yeah so if any of you saw the videos again they're on our YouTube channel you'll get that in your email if you

have it this equal protection video we don't have time to play it tonight but this one well it gives you some ideas about how to argue for the court to responding to your equal protection motion and this one gives you a little bit of an idea of some of the things that you would argue to your attorney or the court for or using the substantive rights motion I just wanted to mention something real quick regarding the deck Latorre judgment and why it's so important to remember these equal retention substantive rights that they have you're basically presenting the deck fitori judgment relief to the courts in these two motions as opposed to brief you're starting with these motions

okay and the declaratory judgment it's so important because what it is is it's a way for parents to overcome the courts ignoring them when they have gone to court and said hey I have constitutional right so the judges are like shut up don't say it again I don't want to hear it again well they didn't have a way parents then didn't know how can I force this court to respond to this claim that I'm making this is how you would use these motions and you would learn how to argue these motions we have some separate webinars that you can take for these motions where we walk you through a more structured argument so that you know how

to actually present the motions and make the arguments yourself it's important you know the arguments yourself so you can teach them to an attorney if you have one or if you need to use them yourself and in addition to the motions of what the equal protection motion right now is there is a paper that we've written that explains the arguments that cites all of the Supreme Court and federal appellate court cases that applied and provides all the legal backing for that proves to the judge that what we're saying in the motion is legitimate and is the law that they must follow and that's that's what the equal protection motion and what they do again

is so even so you have to argue orally but you don't have to be perfect arguing orally because you have you will file these with the brief in support of the brief or with the motions in support of the motions and they will give all of the details to the judge right and if you want links to the webinars on the I'm learning how to go through the logical process to use these motions the equal protection of substantive rights you will get that in your email later when this when this webinar link is up then I'll try to put hot links on it but it's very important for all of you to

understand because we did get a comment already on one of the videos which is great it's great to know what people are thinking it was a comment stating oh great I'm gonna use I'm gonna use that article six argument with my court and the thing about it is okay that's great these do empower you however you do not know how to logically argue through these they will find ways to twist out of it so if you only know one piece here and one piece there and you've got these big gaps with knowing how to logically step through this process they're gonna step you right out of it because they're gonna push you right back into their

abusive process they're they're broad discretion and taking over the rights because you don't know how to argue through that in a way that persuades the judge you want to be able to persuade the judge you can try to avoid appeal so if you don't know all the entire process for this you're gonna find yourself in an appeal and you're say darn it you know I thought if I said this then they would be over and but one of the ways you avoid the appeal is by making it very clear to the judge that you know exactly what you're talking about you file both in writing and oral argument the right are constitutional arguments

and you make it clear to the judge if you've abused your discretion you will be appealed and I am setting this up for appeal so that you will be overturned this isn't a very important place for us to insert especially for those attorneys who may be watching and listening we are not attorneys we do not claim to be attorneys and we are not telling you specifically what to file as a legal document even though we're calling these things motions they are training materials they're written in the style and form of emotion they do not have any of the legal headers or specifics that are required for your state because as I said there are 50 different states and

each one is slightly different on the procedure and how they how you have to file motions and how you have to style them and all these things we are not up to date on all 50 of those states so you need to talk to your attorney about how to file these and that's what the video walks you do how to have the conversation with your attorney if you are a pro se it's your absolute responsibility to understand what the laws are in your state what the what the formatting requirements are for your motions what can be presented and what can't what all the local rules are so we're not telling you what those are we're telling you

what the Constitution says what the Supreme Court has said and we are giving you example arguments and improper citations to support those arguments in your case again we are not attorneys so some of the process that you might go through and like you said we we don't have all the steps here we're just giving you an overview some of the processes you would have to ask the court for hearing if you want to argue these and again that's why you go to an attorney and you say hey I want to hire you because you have legal training on how to be heard for on these motions and they know the process if they don't

they'll figure it out or you know learn it the procedural requirements of the court I mean some states require that you inform the Attorney General because they you know they any time you're making any kind of arguments about your rights or if they see this as a challenge on the statutes which by the way we don't have any statutes in these that were directly challenging but it is an indirect challenge on their authority that it's a direct challenge on their authority indirect challenge like on their bet on their statutes that say they get to decide best interests and those types of things right and again since there are 50 different states and

countless statutes and these and these statutes are really twisted and how they're structured to hide the evil that these courts are doing we haven't within these motions we are not directly challenging any state statutes so for instance in Texas where we're familiar with this if you challenge a state statute in the other state court or federal court there is a requirement that you serve notify and serve the Attorney General so we've we've sought to avoid that at least in the rules in Texas and hopefully in the rules in most state states by not going to the point of challenging the specific statute but by asking the judge to clarify what the rights are and what level of process the

court has to follow not what the state says now what the legislature says but what are the requirements and duties of the judge what must that judge do because that judge is a constitutional actor that has certain duties and one of those duties is that they must apply the proper procedural protections for the issues at stake in any proceeding whether there's criminal civil or whatever or if our equity they still have to follow the proper procedure and they have to do that as an affirmative duty they can't say you didn't ask me to or you didn't do this and they can't say the legislators get to decide that because know they're the judge they

decide what process applies to your fundamental rights not the legislature in their court they decide what requirements they have before they can affect those rights so it's their duty to read what the Supreme Court in the federal courts in their state Superior Courts their appellate courts have said about what process is necessary and to apply that process that's their duty as judges so what you're going to want to ask an attorney is what rules govern the procedures of the court for hearing these motions so that he can then he or she can then go and figure out you know Hayes you know he he or she would present them to the court and then the

judge would say okay I want you to inform the AG and I want you to do this now that's not a denial of hearing those motions yet that's simply the judge figuring out the process for hearing the motions because remember the other side will object if the judge violates the process for hearing those motions and you don't want to get kicked out on a technicality so we just for instance wheat went through this in Texas where the judge decided and really just playing it very safe decided that it was necessary to inform the attorney general we don't think it was under the law but the judge thought it was and so he

that's playing it safe he said okay you're gonna have to who serve the attorney general and give them time to show up and there were rules how the tourney German generals to be served and how much time they have to respond once that passes and they either show up and defend their statutes or they don't they don't have to show up but then we can proceed so parents attorneys they are filing these arguments so how they might manipulate the intent of the motions into something that they're not is exactly what he just covered by saying you know oh these are challenging the statutes well it's not challenging the statute unless you list

one out and you challenge that statute directly but either way if the judge wants to follow a particular process or procedure for hearing the motions don't get too stressed out about that again it's not a denial just follow that process and then get in there and be heard on these motions prior to any other trials or any other hearings because you are challenging their jurisdiction to hear those things and they need to address your declaratory relief that you asked for so this is prior to you do not say okay I'm gonna let you hear these after that that doesn't work you got to be heard before any other hearings or trials they set

the rules for how any other proceeding any other hearing is going to be conducted just got a couple more slides to go this next one is on the objections that you're going to face and if any of you saw the tip video that one actually gives you the wording of the abuse of discretion oral objection and the lack of jurisdiction oral objection the way that we actually give it to some of the parents that are taking our testimony support group we do have we do have a support group by the way if any of you don't know about that I will add that to the email that is a support group that

helps you learn how to testify in a way that is more effective it's not about lying or making things up or manipulating but it's about telling your story getting the truth out there in the most effective way and at the same time testifying in a way that reflects that your rights that you want you're asserting your rights that your rights are protecting you so there's there's a technique to that and we walk you through it in these support groups if you want to get into that you'll find a link on your email as well so of Jack is very very important if you plan to appeal and we're setting all this stuff

up so that you have an incredibly strong appeal that the judge does the wrong thing so it's always important to to object where proper and you always have the right to object and so and there are two ways to object attorneys almost always object orally and that's it but you can't object in writing I personally filed written objections in my case even after the hearings although that's technically was an issue but I still did it because I wanted things on the on the record and because we're preparing a record for appeal for the appellate court to read and see all of these things we're starting to provide written objections for certain things

and so the first objection deals with lack of jurisdiction and abuse of discretion we challenge jurisdiction because they cannot move forward any challenge to jurisdiction essentially stops everything and they have to address their proper jurisdiction before they can move forward that's and that one's a little bit iffy but we have some strong arguments for it but it's a little bit iffy to get me to give you a quick example of what it is if you didn't see the video it goes something like this in relation to fundamental rights this Court has a lack of jurisdiction because it because it has not determined on the record what rights are in question here today and has not

proven a compelling state interest authorizing this court to interfere reduce or unduly burden fundamental rights the care custody and control of my child and my earnings so it goes something like that I will put it on your emails for you but I just wanted to give you an idea and the use of this is if they refuse to give you a hearing on these motions or they don't rule on these motions properly then you you would erase this objection you would say I want to I have a motion to object I'd like to file it in writing and I'd like to raise an oral objection at this point and you put it in the record and again

the reason that's in writing is because the appeals court if you wind up an appeal will read everything that's in the record and that's why you want it written down you don't want to depend on transcripts you want it written down your way with your side right so put the two together and object if they don't do the proper thing here and we'll be working on other objections over time for different things for instance a lot of a lot of places like to say the best interest of the child is a compelling state interest and if nothing can be further from the truth the Supreme Court is essentially said it is not and so we're going to have

objections for that as well and other things that are common for these courts to try to weasel their way out of doing what they're supposed to do and the abuse of discretion objection is really short so I want to tell you guys what it is again I'll paste it on your email along with the video essentially you say mark yeah but it's but it's really sure it's objection abuse of discretion this Court has failed to apply proper procedural constitutionally adequate protections and the motion goes into a lot more detail about what those are and what is required of the court and what the basis of it is so it's more than just what she's reading out she's

reading out the top lines from it just what you would which you would say orally to the court and they say I want to file a written objection as well so again that's why it's important that if you want to know more about how to walk through the logic of these motions you're gonna want to get into those webinars walking you through it those two webinars are paid webinars they're not very much but they are paid because we had to put a lot of work into those two structure and walk you through the logic it's a very educational and the words will use your keywords by the by the way we don't we didn't just pull out

a abuse-of-discretion out of thin air the way appellate courts operate most offended kort cases deal with whether or not the judge abuse their discretion so when you use this language you're sending the signal to the appellate court and you're selling sending the signal to the trial court that you know exactly what you're talking about and you ain't know exactly how you're going to challenge their decisions on appeal and that will compel them in many cases to do the right thing so that you never have to go to appeal and that concludes the slide presentation so let me go back to sorry webinar here and see if all of you guys are still here gonna wake and have

any questions hopefully we didn't put anyone to sleep so if any I'm gonna just grab a couple quick questions because we are at the one hour so if any of you need to go you have work early in the morning go ahead and go you'll get this link you'll get a couple of these questions if you have additional questions email them over to us so I'm at our contact tab I typed it to earlier but I'll put it here's what I'll put it here again contact us the reason we have you go there rather than just sending it straight to an email is because everyone who's contacted us I like to try to take

it in order unless I see one that's an emergency like a hearing coming up tomorrow I like to take them in as close to order as I can so that everyone gets treated fairly and gets and so that I don't miss somebody's questions right and so that's how we manage contacts with people with another thing it does it's vitally important is that it protects us in order to submit that contact request you have to click a box that acknowledges that where you acknowledge that you recognize we are not eternity so we can't stress because attorneys do not want you to have this information judges do not want you to have this information they want to

protect their turf they want to protect their little racket of family court because it's 40 billion dollars a year that they're stealing from all of us and so they're gonna do everything they can to stop this and you have to acknowledge that you know we are not attorneys we're only providing educational materials another webinar tomorrow it is on parental alienation for parents being alienated you might want to get in that one tomorrow night that as free as well thanks for all coming and I hope you have a good night I hope you rest better and we look forward to y'all being empowered good night