What's Holding You Back?

Sherry Palmer with Fix Family Courts helps you overcome your mindset that you shouldn't use your parental rights, and the role you play when you do. Get a membership and get even more support at fixfamiliycourts.com/membership

What's Holding You Back?
32:36
Fix Family Courts Channel • Duration: 32:36 (1956s) • Recorded: Dec 10, 2019
Author: Fix Family Courts
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Category: Video
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Published: Jan 1, 2024
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Status: Published

Overview: What's Holding You Back?

Sherry Palmer with Fix Family Courts helps you overcome your mindset that you shouldn't use your parental rights, and the role you play when you do.

Get a membership and get even more support at www.fixfamiliycourts.com/membership

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):

00:00

Full Presentation: What's Holding You Back?

Complete presentation (32:36) 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

Troxel v. Granville, 530 U.S. 57 (2000)
Recognizing that fit parents are presumed to act in the best interests of their children, and that the Fourteenth Amendment Due Process Clause strictly limits judicial interference with parental decisions.

Constitutional Protections Invoked

Fourteenth Amendment Due Process Clause Fourteenth Amendment Equal Protection Clause

Full Video Transcript

Punctuated Video Transcript
27129 characters • ~29 min read

well good evening everybody so I haven't gone on here to talk for you and I'll talk with you in a while and I made a post today teased me and it was about what the courts are telling you when you try to use your right I was actually really excited to see the responses that we're getting and let me tell you why okay one because y'all are knocking it out of the park you're standing up for yourself you're figuring this out and that's huge when Ron and I first published we hardly knew anybody that knew any of these arguments that understood that there was a big huge void in these courts and that their

rights were completely being ignored so today showed me that you guys are understanding this you are standing up for yourself but let's get into this a little more okay most of you that are on this page you're on this page because you are looking for intellectual solutions alright so let's just get that settled right now if you can hear me by the way click yes comment yes on there I get all confused click yes no whatever let me know so that I know if I need to adjust anything because I don't want you to miss a minute of this it's really important information that I think is going to help you continue because

there's a lot that goes on and a lot of stress and sometimes you might get a little confused with like what are you fighting why are you fighting and things like that and they use a lot of things like harassment intimidation bullying and they'll accuse you of those things won't they they'll say you're overbearing you're gaming the system so when you're making these arguments that there are rights that they're ignoring you need some support too and that's why I'm here tonight because I'm just on here for a very short time so because I am gonna jump off soon but what we're going to talk about tonight is something that I haven't addressed with all of you

in a very long time I used to get into things about how movements are formed and why what creates the momentum how you know when you're actually achieving success those are in videos a long time ago that I made and I'm going to bring those back and put them up so that you guys can watch those again they were really good and they helped a lot of people during the time that they thought the movement had lost momentum or was it making progress okay so we are making progress and it's good to remind ourselves about that and first I'm going to go over some critical understandings about movements okay and I want to use

some words of a woman who was very critical to some of the past movements she caught she helped create one or participated in some of the chapters that were for like it's all called she was at Shaw College in Raleigh North Carolina and her name was Ella Josephine Baker and they called her Miss Baker and she also helped form some NAACP chapters so they call her Miss Baker and one of the quotes that she stated and the reason she made this quote is because there was a crucial need to understand movements right so I'm gonna read a quote that she stated and then we're gonna go into why I'm talking about this

so and this video tonight is about how are they keeping you down and we'll get into that so her quote is in order for us as poor and oppressed people to become a part of a society that is meaningful the system under which we now exist has to be radically changed that means we are going to have to learn to think in radical terms I used the term radical in its original meaning getting down to and understanding the root cause it means facing a system that does not lend itself to your needs and devising the means by way you've changed the system or that system that is easier said than done but one of

the things that has to be faced is that in the process of wanting to change the system how much do we have to do to find out who we are where we've come from and where we are going but in order to see where we're going we not only must remember where we've been but we must understand where we have been so what do you all do when you're told your rights don't matter if you just say ok click yes in the comment if you tell them they do matter and here's why then tell me that you that you do understand ok so click that click it instead of clicking yeah or commenting yes you waive them

comment no you don't waive them if you understand ok if that makes sense so that I can see where you're all at so in order to figure out what to do when you're told that rights don't matter you've got to understand what your thinking is right now don't you you have to change your perspective I was talking to a parent tonight and their perspective was my life is over if I end up having to go to jail because it'll ruin everything and what do you think their ultimate threat is to all of you throwing you in jail ok so they know if they make that ultimate threat you will most likely back down give in and not

force them to actually do their job which is follow their Article six both right to defend and protect the Constitution which means to apply it to you to protect you with it so what do you do when you're told your rights don't matter do you give in yes or do you push ahead so you're absolutely no you don't give in so one of the things that I've heard people tell me as the reason why they don't pursue it anymore they stopped pursuing any arguments that would have anything to do with Supreme Court of the United States cases or the Constitution or parental rights is because it didn't matter anymore right it just didn't matter to anybody let me

tell you a quote from another student her name is Portland Cox and she was part of the Student Nonviolent Coordinating Committee which is the SNCC they mentioned earlier or what they call snake there was not a sense that the other side would do the right thing if you told them because at the end of the day the other side knew what it was doing to you better than you did does that apply here yes or no just comment down below if you think that applies so how committed are each of you to all of this what is this to you as I was talking to another parent last night and I asked them those very questions

and they were all over the board they didn't know how to tell me what it was the reason why they finally found us and put their rights arguments in front other than yes they have a sense of pride with the country and and they understood that and they were disappointed that these rights were being ignored but what is that core simple reason okay and what I mean by that is there was something when this first started that was really important to you maybe it was that you got to continue to read to your children at night or maybe you didn't get to do that when you were married and you wanted to

change your life now right so maybe it was super important that you got to make different choices about your career and you haven't been you weren't able to do that while you were married so you thought when you got divorced you would now have those freedoms okay so simple I simplify it don't give me the answers you think I want to hear okay and I think that's why they were all over the board and that's understandable I think they were trying to give me something that would satisfy things that they think I'm looking for but that's not our purpose here is it this is all has to come from you in your soul and

your being and and the core reason why you're so passionate about certain things in your life of course your rights are what protects you to be able to do this but if you don't understand why it is you're even involved in this you're gonna easily be defeated right because you won't have that motivation it comes from the internal soul to keep going so really dig deep and ask how committed you are to this what is this to you what does it mean to you what are you thinking what are you fighting for okay we all know we're fighting government supremacy we're fighting oppression of the government okay we all know this and and I'm not

trying to make this fight about you against the other parent god no we know who we fought of many years to change all of your perspective from that because by the way tell me one movement that was about one individual fighting another individual and that that was the whole movement because that's really what happens and how they're getting you distracted they're like oh this is you and the other parent fighting no it's not you're fighting government oppression government abuse okay so let me remind you guys if you're on this page it's because you're looking for the intellectual perspectives of this movement so sometimes some of these videos will get pretty heavy into that

so if that's what your interests are you're in the right place so what is you what is your commitment to how many movements have you ever seen that like I said that complained about let's say it's just it you know a specific company that's not it either it might be that the corporation is oppressing a certain you know certain class of people right but in general what it is that you're that you're fighting is that you see in movements is government policies systems set of rules that are adopted and enforced by government government state actors etc like Jim Crow laws for instance prohibition of same-sex marriage and right now what you're fighting against is the denial that your

rights apply when two parents are in disagreement in the court and you're you're fighting the government applying their full force and authority right because they're they're applying they're applying their authority to enforce whatever extra rights they give the other parent and keeping you oppressed by limiting you more than the other one without proper justification or causes of action so you're fighting government action state actor government abuses they are not following their Article six both especially if you ask them to apply certain due process or ask them what due process you'll get applied which by the way I've seen many parents ask that now and the courts ignore it right so that's your movement but again

go back to your core what got you involved in this so so what are the courts saying how are the courts attacking your fight to protect your family civil rights today they're seeing things like constitutional rights don't apply federal constitution doesn't apply you have no rights in court this is are some of the comments you guys made on that post that mean post today you have only the rights the judge decide you have how are you addressing it are you saying that you're arguing are they saying that your arguments are meritless and that's not the way they do things do you know any responses from let's say Supreme Court of the United

States cases and and don't keep telling me they don't care about it they don't care about it because you've got to block that noise out that's noise that they create to distract you alright so if your attorney says all they're gonna care about is what you can dig up on the other parent that's noise you have to keep reminding yourself okay so you've got to be focused on what do you say when they tell you these things this isn't all the pieces of what you're doing when you go to trial and things like that I'm not lawyer I don't practice law I'm not a substitute for a lawyer we are actually an additional

resource we help you layer in these arguments into the process and that can be pretty scary when attorneys are fighting against you because it's uncomfortable I'm going to tell you a quote in a little bit about what one of the Supreme Court cases says when government's uncomfortable okay so what are you saying when they say your arguments are Maryland meritless that's not the way you do things I don't see any of you posting any Supreme Court cases but if you can think of one post it there for me so I can see what you are studying and we can address some of those things I don't see any comments right now but that happens sometimes

when I'm doing the lives I don't always see your comments for some reason okay so if you are addressing the court and you're asking them what processes do and you're asking them questions of law you need to know certain responses back so you can keep that narrative going and I'm not talking specific to any specific question out of those questions we're talking in general here today so let me give you an example from a SCOTUS case it's actually called Williams versus Illinois and we're not going to worry about why the case is actually about whether the the holdings in the case that they put in the head notes like if you're using

Westlaw we're not worrying about any of that we are talking about general constitutional principles that apply everywhere it's kind of like the theory of gravity okay the law of gravity excuse me so we're not worrying about all the details of the case we're just worrying about one principle out of it okay so here's the quote that I wanted to give you perhaps a fairer and more accurate statement would be that new cases expose old infirmities which apathy or absence of challenge has permitted to stand so I'm going to repeat that again and there this response is in to is to them saying your argument is meritless that's not the way we do things you can respond back with

perhaps a fairer and more accurate accurate statement would be that new cases expose old infirmities which apathy or absence of challenge has permitted to stand so what are you saying there you're telling them that the reason you're bringing this challenge is because of the way they're doing things is because they aren't doing this okay so that helps you say that and that is a direct quote from Williams versus Illinois which is Supreme Court of the United States so it is controlling in all states they might then say something like sorry our practices have already been challenged they've we've been told it's perfectly fine what we're doing and the statutes all been told they're constitutional

we're good okay so we don't need to hear it from you anymore well what's another quote you can use and I'm just using this one case tonight to show you how easy it is to simplify this down and respond back to them okay so the next quote would be while neither the antiquity of a practice nor the fact of steadfast legislative and judicial adherence to it through the centuries insulates it from constitutional attack these factors should be weighed in the balance they'll repeat it again well neither the antiquity of a practice nor the fact of steadfast legislative and judicial adherence to it through the centuries insulates it from constitutional attack these factors

should be weighed in the balance so that response goes directly to your asking them what processes do you're asking them to respond to your questions of law okay so for instance if you're going into a child child custody hearing and they're telling you that none of your Fourteenth Amendment due process rights are going to apply then you're asking them to answer certain questions so that you can address them during your prior to your litigation in order to resolve those decisions before you actually go to court and litigate things that are going to affect those rights right you have a right to do that and so many people don't and what is another thing

that they might say oh that's gonna cost way more money right that's gonna take way more a lot more of our judicial time to do that we don't have time for that we have a system down we know what we're doing and we're just gonna keep doing that and I know there's another quote that I wrote here I find it for you okay when they say that third quote from the cases last quote and we give you from the case you could explain to them but the constitutional imperatives must have priority over the comfortable convenience of the status quo and by the way it's way less expensive to address these from the beginning than to have to

clean up the rest of the mess that they created later so how many times have all of you had to go back into court and back into court because it wasn't fair you didn't get justice think about it how many times did Kash say he was dragged back into court over child support my name is 14 or 17 times how many times have you had to modify some of you have modified three four times okay some of you are going to have to do that over and over again how much judicial time how much court time is that taking I'm not just talking about this money you're spending because the courts are

complaining that you're taking up their docket you're taking up their time and you know because actually once you go pro se and you learn how to knock out all of these and I'm not saying this violently peacefully with protective orders and quash orders knock out the GAO and the psych evals and all these things what many are they really making on you anymore right so they start complaining they start trying to sanction so your response to them when they say oh no no we we can't do that because it's just gonna take up too much time isn't it cost too much you're a response but the constitutional imperatives must have priority over the

comfortable convenience of the status quo those are all from Williams versus Illinois okay they're gonna punish you they're gonna threaten you they make you suffer stop and give in just like every other movement but think about these things and make sure that you work on changing your perspective about each one mm-hm so if they threaten to throw you in jail they might actually make your voice bigger and louder yes it sucks but a lot of people that's happen to you and guess what how many parents have been thrown in jail and you didn't know of them or know their name prior to that happening did it make their voice louder and bigger

did it make you more aware of them so now they have a larger platform for their voice and to get this information out there so they're actually making your voice louder bigger so if you change your perspective about these things I think it'll help you stay motivated less depressed yes it could affect what kind of careers you're gonna go into because they mark you with felonies misdemeanors and things like that it's another mechanism they use to try to discourage you do you think these others in the past were thrown in jail didn't have negative effects from yes they did that's why all of us have connections and you have support system to help you stay in the right frame of

mind we all know that you're paying a price and we're very appreciative of that because well I bring you this information you guys are the Warriors right now right our kids are aged out my neurons are aged talent I'm sherry Palmer by the way if some of you are watching and you don't know with fixed family courts combat oh hey here on this page so hopefully you know what page you're on but if you're like me you may not okay so have you not done something because you were afraid of the retaliation so that's my next question so did you not file that motion where you wanted to ask them to honor the

Article six Duty because they you got threatened before that did you not push for what you really wanted because you were told it was pointless and you would never get it how many of you did that so how many of you have already been shaken off of your path and it's okay to say I want to be able to make my own choices I don't believe I have to get along with the other parent but doesn't mean I'm gonna go around you know trying to trying it constantly annoying harass the parent that's not my purpose my purpose is to be free from their control over me and they can be free from my control so

some of you may have to adjust your thinking because I have talked to a lot of parents who have said things like well that I don't like the way they're doing it or they're not exactly healthy well learn this stuff and figure out whether your requests are actually conflicting with what you're asking the court to do because there are going to be things that even you're going to have to address internally there there are going to be things you can't protect your children from so this is extra hard because of that okay there's some harms you cannot protect them from and we won't go in to all those tonight we can do a different video on that that's

that's a touchy topic and I want to stay focused so if you gave something up and you gave in to something that you really really thought you should keep pursuing but you didn't because you were told it was pointless you would never get it put in the comment that yes you gave something up okay it's important for us to see these things as you know Ron and I we work on writing SCOTUS arguments and we want to make sure that we're giving SCOTUS the information that is up the most up to date and telling them hey there's chilling effect out there we have proof of it so while we're not putting your names in there or anything

which is why I say put the state you're in so some of you have put like Georgia Connecticut California some of you put the counties of the states you were in like some of you said Shasta and other counties and then some of you have said Illinois that's great because then I know how to tell them look it is happening in all these states now you and I we all know it's happening but they need those details in front of them constantly in order to encourage them to accept cases right we want them to take one of these parent versus parent cases so we can get this issue resolved about constitutional rights

not applying to parents versus parents okay what else do we want to go over okay um also tell me if they made you feel guilty for pushing the court to follow Article six duty okay and make sure you include for me what exactly you ask them to do if you want to private message me that would be great so they they don't generally threaten you some have with jail for for trying to make these arguments usually the threat is like after of orders violated so the biggest threat here is that they might try to punish you by saying you're gonna lose time with your child but how many of you are already gonna lose that or have already

lost that so how much of the threat is not really and you know honestly when I went through it no jail cell could stop me from from wanting to protect my relationship with me and my children and if I didn't pursue this this is my personal reason why I did this as I was alienated severely there was parental alienation it affected all four of my children which shocked me at one point because I was like oh my gosh I can't believe all four were effectively alienated eventually and yes I have relationships with them now but it it was just one of those things where I knew in my soul and in my heart that if

I didn't fight back that I would have no children in my life so no jail cell could could no threat of a jail cell could stop me because I understood that I understood who I was where I was going where I would be if I didn't put this fight up right so if you're gonna be insulted by them and in waiver because they threaten you because you say you have rights mm-hmm then think about this would we have any of these rights that we have today the right to vote interstate travel the right to speak our mind which I know is being challenged right now not going into that today all these things if

people didn't rise up no matter the threat and fight for it so that's how you have to look at it right see okay so you're gonna have to keep fighting until this government oppression is tamp down enough to where there's a better balance and these violations these separations of you and your children and your time your right to raise your child directly to have time with your child count as child support as opposed to having massive amounts of money imposed on you debt obligations whatever they want to call them and have the true right to pursue happiness that means how you choose to have relationships how you choose what you choose to have as a career until

that has happened until you reach that tipping point we need to keep standing up for these things that might mean one of the rights I'm going to go into some of your core issues some of one of the rights that you are fighting for is you don't want to work anymore and you want to barter throughout life that's supposed to be okay you're fighting to have the same right as anyone else would have think about if you had never gotten married where would you be now you could make any of the decisions that were within the law and not be facing this this terror this tyranny these fears right so why is it that just because

you've got with someone you know I bet none of you ever ever thought that you would be in a court like you are now like especially the ones sitting there facing jail time because of an inability to pay child support yet the bar is so high to prove that you can't pay child support now you're facing jail threats real jail threats and they can do up to six months at a time 180 days I bet you never thought you'd be there did you mmm-hmm so I want to remind you think about what it is you're fighting for the deep core reason perhaps you were told like I said before you were you had to

continue a job you no longer felt suited you and you're fighting for the belief that you have the right to change this decision that doesn't mean that you now take your fight and just narrow it to that issue no what we're saying is the fight to apply these rights the fight for these protections of these rights is what protects all of those decisions so you don't go and just say oh I just want to fight for this one thing I want to make the choice of what kind of career I want to have the way you get there is by learning what rights protect with that decision and how you apply this okay so think about it let's

simplify this before we get done because I do have to go tonight I can't stay on here forever I have things some fun things I want to do actually so let's simplify this how complicated was the lunch citizens they simply wanted to be able to sit at the lunch counters and have lunch just like every other human being was allowed to have and the only reason they weren't able to do is was the color of their skin right how simple was that your fights that simple how complicated was the fight to have the right to vote this is why I'm saying think about the core reason you're fighting here your core reason is that you just want to be able

to remain in control over your own decisions and finances and choices with your child in your own life it's as simple as that so I have to go early tonight I don't see a lot of questions on here I'll look later thanks for joining me and thank you so much for being members here visit me over at fix family courts comm send me a note let me know what you like what you don't what's working what's not so we can keep making progress hit that tipping point and finally resolve this thanks so much for being here and I will see you next time bye

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