What America does and doesn't do is exactly what is wrong with it.

This article: The American Justice System Is Not Broken 

I haven't posted here in a while and for that I do apologize, my defense would be I have to agree with this author to an extent and disagree to an every broader degree. 

The writer, Albert Burneko asserts: "Democracy functions. Politicians, deriving their legitimacy from the public, have discerned the will of the people and used it to design and enact policies that carry it out, among them those that govern the allowable levels of violence which state can visit upon citizen. Taken together with the myriad other indignities, thefts, and cruelties it visits upon black and brown people, and the work common white Americans do on its behalf by telling themselves bald fictions of some deep and true America of apple pies, Jesus, and people being neighborly to each other and betrayed by those few and nonrepresentative bad apples with their isolated acts of meanness, the public will demands and enables a whirring and efficient machine that does what it does for the benefit of those who own it. It processes black and brown bodies into white power. That is what America does. It is not broken. That is exactly what is wrong with it." 

I concur, the American Justice System is not Broken and sadly that is exactly what's wrong with it. But I disagree, as shown throughout this blog over the last few years; the indifference runs against not just those of color. It's running against all of the people the country purports to the world they are protecting. 

In effect, it runs against women and children who desperately need it's protection. And yes, sadly men or women of any color who are less educated. 

Which is perhaps why I have been concentrating on Fairy Tale Access; a wee bit more of late. Because I believe, we can change people's minds and hearts. Literacy and education continue to overcome road blocks and build bridges to better tomorrows. The point is to show that with a little bit of Literacy, Travel and exposure to those people who are doing so, change is coming slowly; but successfully individuals are changing the world around them and just as. . . 

The definition of a true American, is that of a rebel, one who will not accept the status quo, or that of communities and individuals falling into an abyss. A True American is not the evil sitting on a bench; It is Liberty the one who will move between heaven and earth to protect their family, freedoms and their faith or even lack of it. 

Like a Hero they overcome the forces that demean the human race and they race with their hearts wide open to pursue Happily-Ever-After and it is out there. Liberty is waiting for you to push harder and ask more questions, it's waiting for you to open the door to the truth and discover the possibilities that knowledge brings with it and it's waiting for you to stand up for what is right. 

Worldwide we are more alike than we are different; bad things happen, bad people happen; but it doesn't define us all. There is good everywhere waiting for you to unravel it and make it happen. Whether your the accused or the jury Happily-Ever-After is a quest it's about standing up and not accepting "in statu quo res erant ante bellum;" latin for "in the state in which things were before the war". Understanding Peace and War in all it's forms is what leads to happily ever after.

The main article, referenced describes the war in America, do we need to take up arms? No, but we do need to open our eyes, we do need to speak up for those that are wronged and level the scales of Justice. Where does it start? When, “There are some things in this world you rely on, like a sure bet. And when they let you down, shifting from where you’ve carefully placed them, it shakes your faith, right where you stand.”  It starts with you, it's your choice "you" are part of the equation in right versus wrong. 

"When you are in it, you are in it," Dandridge said of dealing with crisis situations, including battle. "When you are under duress, and you are in it together, you are in it together.

Inconsistency in Child Protection Laws Continues

By Gingging Avellanosa-Valle

Bahin sang Bubay

Sunday, October 5, 2014

"What is disturbing that government instrumentalities are even the ones implementing these violations."

read more here: 

Child protection and many inconsistencies of our laws 

By State House News Service Matt Murphy
on October 04, 2014 at 3:54 PM, updated October 04, 2014 at 3:55 PM

"It is about the state's most vulnerable kids being harmed in the very system that is meant to protect them," said Sara Bartosz, lead counsel for Children's Rights, in a statement."

Read More Here: 

National child advocacy group which sued state for DCF reforms slams AG Martha Coakley over claim that lawsuit was profit-driven

And the Central Argument that would solve all of the complaints

Aki Soga, Free Press Editorial Page Editor12:06 a.m. EDT October 5, 2014

DCF report needs emphasis on transparency

The Agency of Human Services report on the Department for Children and Families disappoints by failing to make the explicit connection between transparency and public accountability within the child welfare system.

Obviously the Words and Acts of these Adults need to be checked to preserve the dignity of a Child who will one day become an adult. 

Legalized Abuse In American Courts

Surprised? Why, look at what happened with NFL and Ray Rice, a two day suspension. Until, TMZ, obtained and released the whole video that could have been obtained months ago by the NFL but wasn't. 

Janey Rice blaming everyone except her x-husband is classic in abuse cases, but sadly it will happen again and it was going on long before this case came out.  Why, do women recant their story or try to bury it once they've told it?  Because of statements like this posted by the Ravens, who placed the blame on Palmer when the incident first came to light in May, tweeting, “Janay Rice says she deeply regrets the role that she played the night of the incident.”  And the coverage by Fox News that actually mocked the victim; by shrugging it off and saying "the message is take the stairs."

The Courts like the Fox News anchors above in this Case failed the American public by giving Rice such a lite sentence and blaming the victim.  

It happens with Marital Masters ironically name Love in New Hampshire. 

NH DHHS NO Programs for youth leaving foster care!

Yet, Here they are scrounging up a 100 kids from foster care to 

NH DHHS - New Hampshire Foster Youth Convene For Independent Living Conference

THURSDAY, AUGUST 7, 2014 AT 08:31AM

Step Up into The Future: There is an App for That

......The University of New Hampshire Center for Professional

Excellence in Child Welfare (UNH CPE) will coordinate with FosterClub to

provide youth attendees with lessons and information on how to obtain a

college degree or educational certificate, finding permanency, earning and

budgeting money, being a self-advocate, self-awareness and avoiding

dangerous relationships. FosterClub will also present their signature

event, Independence City, a “life on your own” simulation game designed to

teach young people how to access community resources to help overcome

obstacles they will encounter as they transition into adulthood. .......

So Ms. Bishop, these services should be provide to every child in foster care why is the money you receive for this always zero on the expense line? 

America should be doing more for their youth; but with people like Mags Bishop lining their own pockets in New Hampshire it will hardly happen.  

VT. Attorney General Has Ethics!

"I'm for truth, no matter who tells it. I'm for justice, no matter who it's for or against." Malcolm X

FINALLY ...

"In testimony before a committee looking at child protection Tuesday, Sorrell asked legislators to take a hard look at transparency within family court to determine which statutes protect privacy and which merely obstruct justice." click on paragraph to read the story


While the NH Attorney General, Joseph Foster Remains As Silent As his predecessor; merely another instrument to obstruct justice! And that "lack of transparency results in distrust and a deep sense of insecurity." Dalai Lama

Justina Pelletier Released & Now Reveals secret testing...

Sadly, not much has changed since; I posted this article about two little boys who were victimized by the Department of Children and Families in Massachusetts and New Hampshire.   

But this article shows that Justina Pelletier; was able to get in front of  Congress to disclose what happened to her in the hands of the Massachusetts Department of Children and Families (DCF) and Boston Children's Hospital to urge them to "pass "Justina's Law," a bill named after her that would defund involuntary medical research upon children in state custody."

Many members who heard her tesimony immeadiately agreed  to sign; and while working in the right direction you have to look at the facts it will protect children like Justina, who have parents that were able to fight for her.  However, the sad fact is the majority do not and even when they do they are so downtrodden and hidden in secret courts that no one hears their pleas or the pleas of the innocent children involved.  Justina's law needs more teeth and a large Stop using Children Completely as Guinea Pigs.   

Liberty may be endangered by the abuse of liberty, but also by the abuse of power.

James Madison

We expect more for all children.

Protect the Open Internet

If you think the courts in America and in fact world wide have run amuck and that things couldn't get much worse you need to read the article surrounding the FCC newly proposed rules around net neutrality. If we don't act it will become solely a for profit center and cut our lines of communication.   

Corporate colonisation of cyberspace

 click on the link above for the full article and then click on public comment before it's to late they are still accepting comments. 

By: Dhananjayan Sriskandarajah

"There has never been a more important time for civil society to step into this crucial role of reframing the internet as more than simply a profit centre. The Federal Communications Commission's (FCC) newly proposed rules around net neutrality remain open for public comment until July 15. Should these rules come into force in their current form, the open internet as we know it would become a thing of the past. Able to charge extra fees to content companies like Google for preferential treatment, internet service providers would be able to create a two-tiered service with fast lanes for those who could afford them and dirt tracks for the rest of us. They would be able to block or slow down websites and applications and they would be free to monitor everything we do and say online and sell the information to the highest bidder.

If we are to protect the internet as an emancipatory and empowering tool, it must be a space in which we are afforded our basic rights. Access to the minutest details of our private lives has become the price we pay for connectivity. Already, the risks of this are complex; should the forces of capitalism succeed in obliterating net neutrality, they will become greater still."

My Comment:

FCC The Internet is the only forum that truly allows open communication about what is going on in the world today. The News, TV, Radio, Newspapers all have bias slants and are corporate driven. To block the Internet from the masses; undermines the United States and the growing number of other countries that allow freedom of speech and expression. There is nothing that makes your rules plausible except to step back in time; creating a New Dictatorship.

Ignorance is an evil weed, which dictators may cultivate among their dupes, but which no democracy can afford among its citizens.

William Beveridge

The Right to Be Forgotten?!?

Google is on the run due to a recent ruling in Spain - pursued by someone whose credit was affected by his past foreclosure on the internet... The ruling sends the message that you have the right to be forgotten... but where is that fine line & how many second chances are dished out...

 @MrsERawlinson explains the right to be forgotten ruling and what it may mean for business 
 May 20, 2014

Why NH Lost Face（ つ﹏╰）

⇚Then; Solid as Ћ Granite

Unraveling days gone by to understand whats happening today and how history has a way of repeating itself over and over.  

For instance, a tangible line exists with Daniel Webster, once a New Hampshire native, who wrote: "Men hang out their signs indicative of their respective trades; shoe makers hang out a gigantic shoe; jewelers a monster watch, and the dentist hangs out a gold tooth; but up in the Mountains of New Hampshire, God Almighty has hung out a sign to show that there He makes men." 

A statement that Mother Nature promised to 'cure', if more men from NH turned out to be like Webster. 

Mr. Webster, was a queer little man, "one with perpetual debt against which he, employed checks or notes for several thousand dollars in tokens of admiration" from his friends, on his way to becoming a Statesmen delivering favors.  Mr. Webster, like those that followed him, knew this was simply wrong, "but he looked upon such transactions as natural and proper deeming it "their privilege and duty to support him."[23]Source

Following, Mr. Webster's, destiny with Cirrhosis and falling off his horse, consequently bashing in his head, while probably drunk; current events started to unfold where other men and women from the "live free or die" state started to mirror Websters greed & self-righteous/self-serving acts. 

NH Judges conspicuously accepted bribes and brought about closed door hearings to separate families; and then barred those families access by invoking high fees to simply get in.   Moreover, appointing Marital Masters like Alice Love; whose love for her job ended with her x-spouses last named.  Alice is really a Spelas defined as "one who plays games" obvious by the fact that she is not a Judge, in fact having a private practice tsk tsk that is against Canons  for Judicial conduct; capriciously overlooked by the ever elusive and Supreme Court Justice Linda Stewart Dalianis, who true to her name "Stewart" manages to cover up the affairs of those that surround her court.  

Judge Bamberger, could be a direct descendant of  Webster's line of corruption, divorced 3 times without children of his own...so hopefully that line of corruption will end.  At the end of his career, Bamberger boasted of being a strong advocate for children, due to his volunteering in the public schools.  Yet he only did that one hour a day every other week for less than 2 years; and he calls that his crowning achievement!?!

Mother Nature & Karma have their limits and when women become as bad as the men and the men become worst. Watch out. 

A state that has it's own liquor stores on every highway, breeds men who like Webster will die of Cirrhosis of the liver and some stupid accident, that hopefully only involves them.  

By the 1920s, the Old Man started to crack under the pressure of living up to Mother Nature and the State's Motto "Live Free or Die" and the crack in his head was wide enough that it was mended with chains, in the live free or die state. But, the pressure continued to mount; because like Mendala, the old man knew "to be free is not merely to cast off one's chains, but to live in a way that respects and enhances the freedom of others." 

By 1957, the freedom of others was starting to be impeded by the state legislators, who passed a $25,000 appropriation for elaborate weatherproofing, for a ROCK, using 20 tons of fast-drying cement, plastic covering, steel rods and turnbuckles, plus a concrete gutter to divert runoff from above. All worthless in light of the fact that like China, the NH "officials have long been conscious that they are becoming ridiculous in the eyes of the people."  Sir Robert Hart

Due to the human decay developing since Webster; The Old Man in the NH Mountain, found he could no longer face the public and Mother Nature's patience reached it's end; as such the old man lost face on May 03, 2003; due to the disgraceful way men and women of higher power in his State of NH shrouded themselves in Fraud ...The Fury of Karma has only begun to be released on the NH Police and others; one man got 160 years in prison; but there's  always hope that good will over come evil ...

 ⇒Now, a forlorn hill 

New Hampshire like "The world is a dangerous place to live; not because of the people who are evil, but because of the people who don't do anything about it."

Albert Einstein

Government is missing the point, again.

"Our prime purpose in this life is to help others. And if you can't help them, at least don't hurt them."

~ Dalai Lama

Government is missing the point.

Constitutional Rights Violated by DHS-CPS Child Protective Services

ADOPTION INCENTIVE BY STATE

NEW HAMPSHIRE SUPREME COURT REFUSES TO ENFORCE FAMILY COURT ORDERS AND SET FINES OVER FEES FOR THOSE IN CONTEMPT

At least we can change that one. ⇑

We Need to Change Them All

The Irony of It Is....

Child Protection Continues to Fail

http://www.mercedsunstar.com/2014/04/08/3591013/capitol-alert-tim-donnelly-wants.html?sp=/99/215/280/305/&ihp=0

Republican gubernatorial candidate Tim Donnelly, from Twin Peaks said Tuesday that he would abolish the state's Child Protective Services system and start over "from the ground up," saying social workers often remove children from their homes without sufficient reason.

"If I were in charge of the entire state, I can tell you right now I would abolish CPS," he said at a news conference at the Capitol, "because CPS has become the greatest threat to the very kids it was designed to protect."

news conference to promote legislation that would require social workers to conduct video or audio recordings of their interactions with children and parents when investigating child abuse. He said recordings would protect both families and social workers in disputes.

So why are they against it?  California Welfare Directors Association,  "it is imperative that our CPS social workers be able to conduct interviews with children and their parents with unfettered access," according to a letter included in a legislative analysis.  Unfettered Access with real evidence provided in video & audio recordings should be something they want then.  

remarks came on the same day the state auditor released a report criticizing the child protection dept;...meddles too often in cases where intervention isn't warranted, while devoting too little time to serious matters.

This Bill Should be passed in all states; Law would require recording CPS interviews with parents!

Part of the article is recapped below:

SACRAMENTO (CBS13) — A new bill aims to change the way Child Protective Services operates in California.

The bill is called Sammy’s Law, named after a Sacramento baby taken from his home by CPS when his mom asked for a second medical opinion.

“I have a copy of a police report, and a copy of the social services report, and the police report by trained investigators is a 180-degree difference from what’s written by a social worker,” she said.

The error is not uncommon.

A new report by the state auditor reveals assessments by CPS workers in three counties were routinely “flawed” as well as “incomplete and inconsistent.”

“CPS has become the greatest threat to the very kids it was designed to protect,” said Assemblyman Tim Donnelly (R-Twin Peaks).

“I’m not going to stop this fight,” he said. “It’s why I believe this agency needs to be eliminated.”

“In many cases, the only evidence presented in court for removal of a child is the word of a social worker,” he said.

Sacramento County Child Protective Services declined to comment on the bill, which still needs to be reviewed by a committee.. Of course they do they are sicker than the people they are suppose to help. 

Read more here:http://www.mercedsunstar.com/2014/04/08/3591013/capitol-alert-tim-donnelly-wants.html?sp=/99/215/280/305/&ihp=0#storylink=cpy

Family Courts Fail Families

If the decision below had actually been issued at the onset; this family would not be in the turmoil it is now.  Family Courts unenforced orders create havoic; sign to change now.

Tuesday, April 15, 2014

Contempt of Court Jail Sentence when Child Refuses Parenting Time Upheld - Indiana Court of Appeals

Oh those contentious parents who make child rearing a battle ground. In one of the most vociferous battles that I have encountered as of late is that of Paula Rorer Hubbard and William Shane Rorer. Mother was found to be in contempt of Father's parenting time and appealed. The appellate panel rendered its decision on Monday 14 April 2014 in an unpublished opinion. The appeal arose under Mother's argument that she was found to be in contempt of court and sentenced to a term of confinement, suspended, based upon inadmissible evidence and an improperly imposed jail sentence. The case originated in the Warrick Circuit Court where the Honorable David O. Kelley, Judge, presided.

Mother was found in contempt for her failure to facilitate parenting time between the parties' adolescent daughter and Father which had been recently reinstated following a three year lapse. Mother and Father had one daughter during their marriage which was dissolved in April 2003. After years of disputes between Mother and Father regarding custody and parenting time, the trial court suspended parenting time between Father and Daughter in September 2010. However, on 01 August 2013, the trial court ordered that Father was entitled to parenting time with Daughter who was then fourteen years of age.

Neither parent enters this latest fray with clean hands. The trial court observed that Parents have an “inability and refusal to co-parent effectively.” The disputes are deeply rooted and the duration of the battle appears to mystify Judge Kelley as noted:
The anger they share for each other and the desire to “get the best of the other” is much more important to each parent than meeting their responsibility to rear a child together in a responsible manner. There is plenty of blame to go around for each parent and a recitation of the offenses of each parent would serve no good purpose. Collectively, however, it is clear to the Court that the child and her overall welfare are secondary to the parents’ “personal war.” Given the number of years it has gone on one would think the parents would grow weary of combat but it appears to have worsened rather than improving. 

The court has recognized daughter's manipulation of the parents' conflict:
[Daughter] has recognized this conflict and seized the opportunity to “drive the bus.” What teenager would pass on the opportunity to be in complete control of her life? It is clear to the Court that her rejection of her father is pleasing to her mother and continued rejection will guarantee a continued flow of favorable treatment from the mother. 

Judge Kelley exemplifies the hopelessness in the predicament that judges face with these high conflict parents. As so many have similarly expressed to me, Judge Kelley articulated his feelings in this manner:
Numerous mental health professionals have not been able to address the parents’ issues and the Court has absolutely no expectation that it can make things work smoothly. The Court has considered drafting specific measures that would direct each parent how to be an effective parent but the Court doubts that either party would follow those directives and also it is not [the] Court’s responsibility to rear the child. 

The order that went into effect on 01 August 2013 was initially breached at Mother's first opportunity. On 07 August 2013, Daughter initially refused to participate in parenting time with Father. Ultimately, however, she cooperated after the police arrived. On 09 August 2013, she again refused to participate in parenting time. On 12 August 2013, Father wasted no time in filing a petition for contempt against Mother. Father alleged that Mother “has done everything in her power to attempt to discourage [Daughter] from seeing” Father.

At hearing Father produced a police officer who had responded to the 07, 09, and 14 August parenting time exchanges. Mother objected to testimony and documentary evidence of the 14 August incident arguing that it fell outside of the allegations plead two days earlier. On its face to any experienced appellate litigator this is merely cumulative evidence that demonstrates a pattern. Thus it will not be held as a basis for reversal. Mother was clearly already on notice about these allegations. The Court so found stating that the Officer’s “testimony and Exhibit A were merely cumulative of the other evidence, and any error in the admission of the testimony and Exhibit A was harmless.” Thus the Court found that “[w]e disregard errors in the admission of evidence as harmless error unless they affect the substantial rights of a party.”[fn1]

In finding Mother in contempt the Court found “from the evidence that the Mother has failed to take a positive or active role in encouraging the child to engage in visitation and is allowing the child to decide if she wants to visit.” It has already been observed that children are not to be put in the position of or allowed to make decisions regarding participation in parenting time.

The Indiana Parenting Time Guidelines provide:
If a child is reluctant to participate in parenting time, each parent shall be responsible to ensure the child complies with the scheduled parenting time. In no event shall a child be allowed to make the decision on whether scheduled parenting time takes place.
Commentary:
In most cases, when a child hesitates to spend time with a parent, it is the result of naturally occurring changes in the life of a child. The child can be helped to overcome hesitation if the parents listen to the child, speak to each other and practically address the child’s needs.
Parents should inquire why a child is reluctant to spend time with a parent. If a parent believes that a child’s safety is compromised in the care of the other parent, that parent should take steps to protect the child, but must recognize the rights of the other parent. This situation must be promptly resolved by both parents. Family counseling may be appropriate. If the parents cannot resolve the situation, either parent may seek the assistance of the court.[fn2]

Mother failed in her duty to promote a positive parent-child relationship between Father and Daughter as well as failing to facilitate Father's parenting time. Evidence elicited at the hearing indicated that at the 07 August parenting time exchange, Mother engaged in the alienating tactic of crying and hugging Daughter when Daughter was ready to leave with Father. At the 09 August parenting time exchange, Mother would not get out of the vehicle and only cracked her window to talk to Father. A family friend testified that she never heard Mother say anything that encouraged Daughter to participate in the parenting time. Father presented evidence that Mother failed to ensure that Daughter complied with the scheduled parenting

Mother and Father have harmed their daughter to the point that when after three years of absence from the life of her Father she refused to see him. Social science research shows significant benefits to children when non-custodial fathers remain involved in their lives.[fn3] Yet, both parents allowed their ongoing disdain for each other to poison the well from which their daughter drinks. Rather than provide competent nurturing and guidance to their daughter they have instilled in her that she has no intrinsic value but, rather, is only a prize to be fought over and won. Both of these parents are abusive to their daughter.

As for the contempt citation, the primary objective of a civil contempt proceeding is not to punish the contemnor but to coerce action for the benefit of the aggrieved party.[fn4] A contempt order that neither coerces compliance with a court order nor compensates the aggrieved party for loss and does not offer an opportunity for the recalcitrant party to purge himself may not be imposed in a civil contempt proceeding. Thus, Mother holds the keys to her freedom by ensuring that she complies with the court order and facilitates Father's parenting time.

In nearly six years of working nearly exclusively on high conflict parenting child custody cases I have been able to observe a patter in these relationships. The hostile aggressive parent needs a partner in the conflict and ensuing battle. That partner is the other parent. This is not to say that both parents share equally in the blame or initiate the offending actions. It must be acknowledged though, as I have seen, that both parents play a role in perpetuating the conflict. This conflict is mitigated by creating a new concept of the parent-parent and parent-child relationships which ultimately benefit the child.

notes
1] Sibbing v. Cave, 922 N.E.2d 594, 598 (Ind. 2010)
2] Ind. Parenting Time Guideline § I(E)(3) (emphasis added).
3] E.g., Marcia J. Carlson & Katherine A. Magnuson, Low-Income Fathers’ Influence on Children, In re Matter of E.M. And El.M. (Ind. 2014) citing 635 Annals of Am. Acad. Pol. & Soc. Sci. 95, 107 (2011)
4] In re Paternity of M.F., 956 N.E.2d 1157, 1163 (Ind. Ct. App. 2011). 

The Petition for Fines over Fees in Family Courts

Indigent, Low Income and Middle Class families are purposefully being denied access to the New Hampshire Court System; by being denied relief from excessively high fees when seeking court intervention to uphold the orders they already made; leaving the ability to seek court enforcement of orders already to the rich.

The denial of court intervention is literally splitting Families apart; because they can no longer afford or could potentially never afford to get access to a court to be heard.  The NH Court system is depriving families based on their ability to pay. Without a consistent sliding fee schedule, nor are the fees consistent between courts. And it's wrong; due to the fact that orders in family law cases are NOT Enforceable outside the Court Room. When someone is in Contempt as in this Case and you do not have the ability to pay there is simply no recourse. 

The Court will moan that they are full and that the fees are to avert frivolous Motions; and/or that the Legislative Branch cut their budget and they have to pass it on to the public without putting thought into making their orders unbreakable.

Instead of fees to get into Court to be heard; how about fines for those breaking the orders and/or to a party who filed a frivolous motion?

In New Hampshire their Constitution states in Part 1 of their Bill of Rights:

[Art.] 14. [Legal Remedies to be Free, Complete, and Prompt.] Every subject of this state is entitled to a certain remedy, by having recourse to the laws, for all injuries he may receive in his person, property, or character; to obtain right and justice freely, without being obliged to purchase it; completely, and without any denial; promptly, and without delay; conformably to the laws.

June 2, 1784  To this day the Government site shows this is unchanged.

Yet, the excessive fees exist and are also in opposition to NH RSA 461:A:4-a where the “Law” specially states that Contempt is suppose to be heard within 30 days; there is no legislative intent to deny that right - if a party can't pay.  In fact legislators have only invoked a surcharge of $25.00 on appeals to the Supreme Ct. It would seem that the right decision and reasonable solution would be for the Courts to take measures in Family Law Cases to deter contempt. As a single parent, I and too many other families cannot afford to pay $252.00 to file contempt, when it happens numerous times during the year or even once.

If the Family Court had a consistent system in place that penalized parties who filed frivolous motions and/or failed to follow Court Orders; families would not be denied their rights.

Imagine a parent who is suppose to be receiving child support and is not; under the fee schedule they would pay $252.00 to bring the matter forward; hardly possible when they are lacking funds in the first place. Now if the parties are in agreement about a ‘change’ in child support - the fee goes down to $127.00. How many times does that happen? And if it does happen why drag them into court sign it? Approved it, approve all agreements and move on.

Some reasonable creative sanctions or measures in every Family Court to deter repeat visits and repeat litigation would be;

     1. Consistency between the courts, no more than one or two Judges max on a case; to understand the cases in front them; because New Judges have no time to review the file in front of them to see whose doing what and/or to see if a party is escalating.

Unenforced Court orders in this State have had disastrous results in this case; 2 died there was a least 5 Judges on the case, it’s in Concord and open to the public; as you read through it is shocking, horrible, sad and could have possibly been avoidable.  In this case 2 people also died; because the visitation center did not have a police officer on to check for weapons as they note in their own procedures they “may do”; obviously they should.

      2. Follow the LAW; if a parent denies another parent the right to see their child/children or fails to follow the court ordered parenting plan then give them a fine, right there. They do it - to collect in Child Support Cases every Friday, in Nashua, NH; if they repeat, increase the fine; 3rd time? Give them weekend jail time with a fine.  Deter the bad behavior.

3. Moreover, contempt or a motion to compel should only be heard by a Judge, not pushed into mediation. (additional expenses) Evidence heard, order made, follow it. Nor should it be review by a Marital Master who cannot under the law make such orders and who have actually been relieved of their duties by the Legislative Branch; effective 1/13/12.

 4.  Accountability by the Court itself; will model the behavior of the people they rule over.

People might actually get the message that not following the law or court orders actually does have repercussions. Chaos happens when nothing is done; when a party is vindicated it releases hostility and the party penalized for bad acts; starts to behave. And All can move on to “happily ever after” by spending less time in court, clearing the docket and/or actually funding the Chief Justice's plan to provide electronic access to the courts. 

I am just a Mom, who pursued a legal education to understand the courts; I have been an activist for family & child rights. Active in my community volunteering; and I am a home owner whose taxes actually go toward the Courts. I do community and legal research and often blog about it. I hear the same story of excessive fees, court orders not enforced over and over and I know that frustration.

Children and parents need consistency.  It’s really simple, like the other parents in these “Family Courts” I want the other parent to follow the court orders, not interrupt parenting time and in my case not expose him to doctors the Court Recognized as “Not Capable”.

So after filing a Reconsideration on the denial to a Motion for a waiver of Court Fees and Motion for alternative service, they are denying not just me; but hundreds of others the opportunity to be heard.  Filing an appeal in the NH Supreme Court, will only be a discretionary appeal which means they do not even have to hear it and if they do not the Chaos continues.   

A two-tier system that is leaving families and children at risk; your Signature on this Petition will help send a strong message to the New Hampshire Supreme Court that the wide discretion they allowing, is failing families; excessive fees deny justice and failing to uphold their own orders is a waste of the tax-payers money and dangerous to the community.

“Fine the party responsible for the action and make some order out of the chaos you created.”  

Instead of fees to get into Court to be heard; fines for those breaking the orders and/or to a party who filed a frivolous motion.

Together we can make a difference. Please Sign, your name, concerned citizen or anonymous but please Support this Petition; so we can help our neighbors compromise whenever possible and the courts can deescalate the worst times a family can go through; divorce. These are nice people struggling to move on to an alternate happily ever after.

Your support and signature can make that happen. Please forward to others and sign here: 

                “Kindness is the language which the deaf can hear and the blind can see.”

                                                                             Mark Twain