(I will make notes in different font and color color hopefully it will come through that that way.... overall this is well written and could stand as it is, but I will make some comments as to how i would write it to close up some holes - bottom line we are people, not attorneys - they are 'deemed to know the law", we are not - our pleadings are to be "liberally construed" in a courtroom ) I am sharing this with the rest of the the list, so we can all benefit from the the information. THANKS
IN THE CIRCUIT COURT IN AND FOR OKALOOSA COUNTY FLORIDA, JUVENILE DIVISION
IN THE INTEREST OF: xxxxxxxxxxxxxxxxxxxxxxx, DOB: No: xxxxxxxxx and xxxxxxxxxxxxxxxxxxxxxxx, DOB: Case No: xxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxx, DOB:
Case
MOTION TO ???
Here is the most important important thing to the court. court. WHAT are you asking asking the court to do. From my reading of the paper, I am not clear on what has happened happened or what you are are asking the court. court. You made the case well of violations they havecommitted and that is perfect - now you want to be clear in the title - have they terminated parental rights? Is that what they are moving for? Whatever this says relates to what they are doing to you - say "AFFIDAVIT FOR REVERSAL OF TERMINATION TERMINATION OF OF PARENTAL PARENTAL RIGHTS " if if that has already happened. OR "AFFIDAVIT TO SHOW CAUSE" Motion to Make Clear and Certain" could could go under that.... then in the first paragraph paragraph you make it clearer - "________ moves the court to make clear and certain the evidence and authority for not releasing ______________ _______ ________....... _....... you can word this better better - I am am SO tired !!!! But that is the the gist of it, it, and ALL legal papers papers are the the same as this...... the elements of the title and the first paragraph are always this - you state WHO you are, WHY you are before the court, WHAT court you are in (you state jurisdiction) and then WHAT you want the court to do - always always the same.
Again, the title at the top says whatever it is you want in a sentence then the first paragraph explains that, then the affidavit supports the first paragraph as in "by and for the following reasons" and then you go through your numbered paragraphs as you have done....... thats it !
Comes now, xxxxxxxxxxx, pro-se, biological mother to the above-named children, in the above-entitled cause and moves the court to show cause why:
"Pro Se" means literally "represent myself" - you cannot "represent your self, you ARE yourself, the human in that court, NOT a corporation to whom their rules apply. Your rights are in YOUR OWN JURISDICTION - SUI JURIS - and that is the status you claim in that courtroom in order to be claiming your Inherent Rights. Sui Juris is you, your children, your human rights...... there is more why this is so, but for this document, I am not going to go on and confuse you, just make comments..... also we write Freeborn Natural People, expressly NOT a corporation (some states have in their "laws" that unless a party expressly states they are not a corporation then the court proceeds as this is an assumption..... assume means make believe - ) On the way this is structured you may change the worda : "to show cause why" - you should end that sentence with something like "by and for the following reasons" and then a ":"......that way it fits to the next part. Your first paragraph stands, then you write AFFIDAVIT then come down and go on as you have - at the beginning and at the end of the affidavit, you SWEAR IN, and at the end you SWEAR OUT, otherwise it is like the fraudulent state affidavits - they swear only at the end of their documents, and that means they only swear their signature !!!
Now, it fits if you have said "by and for the following reasons"..... 1) This Court showed lack of procedural sufficiency, by violating FL Statutes Ch. 39.622 (Long-term Custody) by:
same thing here - "by" fits to this first sentence, but does not fit as the beginning to "b',"'c" or the rest...... I would remove the by and let your sentences stand on their own, unconnected to the first part.
a) Placing her children in Long-term Relative Custody with Relatives who did not 'have custody of her children for at least the 6 preceeding months,' persuant to FL Ch. 39.622 b) The biological mother did not 'Consent to Long-term custody', persuant to FL Ch. 39.622, nor were her parental rights terminated. c) The biological mother did complete her case plan in full prior to Long-term Relative placement of her children.
Did the state violate that contract? Say so if they did, state facts, not general statements, how they did it......MOST IMPORTANT POINT TO MAKE IS YOU NEVER AGREED TO THE TERMS OF THE CONTRACT KNOWINGLY THAT IT WAS VOLUNTARY WHEN THE STATE TOOK THE CHILD. YOU SAY 'I WAS NOT INFORMED THAT THIS COMPELLED CONTRACT WOULD EXPLOIT MY SIGNATURE TO HOLD MY CHILD HOSTAGE AND FAMILY RANSOM. EVERYTHING IS A CONTRACT, AND YOU WOULD NOT HAVE AGREED TO THE TERMS HAD THEY TOLD YOU THAT YOU HAD THE RIGHT TO SAY NO TO THEIR VOLUNTARY SERVICES ! THIS IS THE MAJOR FRAUD THEY ARE ALL COMMITTING, WHILE IN COURT PROCEEDING THAT YOU VOLUNTEERED FOR ALL THIS. YOU DID NOT KNOW, SO THIS WAS AN UNLAWFULLY COMPELLED CONTRACT, ALL UNCONSTITUTIONAL. d) Reunification between the biological mother and her children is in her children's best interest, as she has completed her case plan, has submitted Character-Witness letters, and has submitted Documentation from Professionals proving that she is indeed a fit and proper parent to this Court. has she been able to get this into the record? Has she been able to make the record when she is in court? Are these things in the record? If not, say so if she has been blocked. Also a seperate paragraph if she has ever had an attorney who did not get her discovery. And if the court is proceeding against her without having provided full discovery, that is a BIG no no, and you need to get that into the record here in its own paragraph that the court has proceeded without disclosing the slanderous file they are using against her.
e) This Court had not presented any credible or substantial evidence to deny the biological mother custody of her children.
Make this more emphatic that there is NO EVIDENCE and that she has NEVER BEEN CHARGED WITH A CRIME
f) This Court did not comply with Florida Rule of Juvenile Procedure 8.615(a)(1) which states that this Honorable Court has a duty and obligation to appoint counsel for said indigent respondent after the Notice of Motion to Withdraw, previously served and filed on August 6, 2002 by Attorney xxxxxx xxxxxxx, which was granted on August 13, 2002 by Judge xxxxxxxxxxxxxx,
thereby denying respondent her Right to proceed with Responsible Counsel to show proof that there is no credible or substantial evidence that would deny xxxxxxxx, the biological mother of the above-named children, custody of her children. This next sentence is probably the MOST important statement in the whole paper. This needs to be in the numbered paragraphs at the top, along with the failure to produce discovery, or an attorney leaving her without discovery, or failing to provide an agressive defense - that word is important, as all the words are important - these terms all mean alot in the court - they don't tell you though...... just like Sui Juris - EVERYTHING in a court has to be STATED and WRITTEN. Without A CRIME and EVIDENCE of a crime, and a lawful prosecution they have NO AUTHORITY _ NO JURISDICTION to interevene in ANY family. At the top, in the first paragraph, you need to put that "Juvenile Division" is NOT a "court of competent jurisdiction " NOT a "COURT OF CONSTITUTIONAL JUDICIAL DUE PROCESS" Important to use THOSE words, as that is our lawful court. They know ALL of this....
(note-she was NEVER charged with a crime , never abused drugs or alcohol, and never harmed her kids! They just came and took them away in Feb 2000 because she and her husband were seen arguing in a parking lot!!!) the way to say this is AGRESSIVE DEFENSE - "Court did not provide agressive defense - again this relates to what i said before about if they have proceeded agaisnt you without full discovery
Wherefore, respondent finds this entire proceeding to be a Sham(?), as it constitutes an abridgement of her 14th Amendment Right to Due Process of law, deprives her of her 4th Amendment Right, by the State seizing her children, and believes that the Department of Children and Families is operating in violation of the United States Supreme court in that they are operating from Administrative Rules and regulations that pertain to government workers, and not to the sovereign citizen.
This Motion is based on all pleadings, papers, records, and files in this action. Petitioner designates the records, papers........ and if there are other case numbers put them here - so they can find and identify the records you are referring to.....
Respondent prays that this Motion be granted so that she may no longer be deprived of her Constitutional Right as the Sovereign biological mother of her above-named children. Say something about reuniting Family Body, Sovereign, Unalienable Rights to raise her family unmolested and without state intervention. If you are Grandma, you need to put your name at the top and put for and then their case names..... You also need to put Amicus Curiae, (Friend of the Court) on the top where you put your title - the way it works is the case is directly your daughters - this whole document for the most clout should be in her name and her signature, but you can do it for her too..... But the strongest case is your daughter herself, and it is her right to get discovery, they don't give this to relatives or grandparents to plead for their adult children..... What we are pushing for is Grandparents and Adult Children to fight the state as a Family Body, so focus on this as much as possible. Constitutionally it is all about Families and protection of Inherent Rights.
Respectfully Submitted, __________________________, September___, 2002 xxxxxxxxxxxxxxxx xxxxxxxxxxxxxx xxxxxxxxxxxxx xxxxxxxxxxxx
The suggestions I have made are to tighten up your paper. No crime, no jurisdiction in a lawfull court. You are NOT in a court, and you say so in the record as you go - in Oregon the Jusice Dept. terms these courts "QUASI JUDICIAL ADMINISTRATIVE PROCEEDINGS" and so you can use that term. Look it up it means non constitutional, pretend, artifical.... The whole bottom line to what is going on in a court is this. They state a fact, you have to dispute it. You state a fact, they have to dispute it. As a former prosecutor told me "the real deal is who can run who out of the courtroom first". The goal is to impeach your opponent in this game. Simply it is like this - I say you broke my window last saturday. Now if you di dnot break my window last saturday, then you are going to pipe up and dispute this - and you are going to do it with facts - NOT denial . The Law says Denial is not enough. You say "I did not break your window last saturday I was not in town and I can prove it" or whatever. YOU DISPUTE THE FACTS STATED.
Now, what happens in these outlaw courts is they do not charge anyone, they use hearsay and denial, all totally unlawfull. However, it is not "illegal" because the terms "legal" are their rules, they always have a written rule somewhere that "lets" them violate your rights. So you learn the difference and say "lawful" and "unlawfull". So, back to the court - in these courts generally they say all kinds of things and you don't even get to talk in court - if you have an attorney he will not let you speak and he will not dispute the facts. Then on top of that there are volulmes of records he does not get, all your discovery, and you don't ever see it so you don't have any idea of the facts you have to dispute. And in the record there is NO dispute ! The "court" rushes you to judgement, without law, railroads over you, and then all that goes up the court of appeals is the RECORD. If they cann prevent your records from stating the facts, then in the court of appeals there APPEARS to be nothing to appeal! Another terrible thing that happens, is say you go to a Senator or someone in authority to help you. The first thing they want is a waiver to look at your records. Then they get this slanderous file you have never even seen and they take one look at the lies that are there, but they are presented as a truthfull court file. The lies are not disputed. And that is the last time you will ever hear from that Senator - they take one look at the allegations and get as far away from you as possible ! The DECEPTION and the COLOR OF LAW is unbelievable !!!! So every court is the same in most respects - everyone in court needs to write out their facts that the other side cannot dispute - and all the documents they bring in you must go through line by line and dispute their lies...... their "findings of fact and conclusions of law" you skewer their "case" by doing this. And then everybody has to start getting their discovery to know what they are using against you that you have not seen. In a lawful court EVERYBODY sees EVERYTHING, and there is a JURY and they see the whole of the evidence. IN A LAWFUL COURT IT IS AN AGRESSIVE SEARCH FOR TRUTH. THESE 'COURTS' ARE PROSECUTION AND CONVICTION COURTS ONLY, WITHOUT EVEN A STANDARD OF TRUTH. NO PENALTY OFR PERJURY FOR THE STATE, WHO ACT WITH SELF ALLOWED UNLAWFUL IMMUNITY.
Also, it is up to us to excercise this lawful jurisdiction ourselves they do not "give" us anything. We are the authority and you are claiming what is yours and protecting your children from abuse. They have no right or authority and they know it, for the things they are doing, especially when they have NOT charged anyone with a crime, as in 99% of the cases. THAT is the MOST important point of all. Remember FACTS are the key - caselaw for support, great, and use anything to help make your affidavits as tight and concise as possible - everything as CLEAR as you can, and demand they do the same (they don't !) I don't want to confuse you either, so let me know if you need more. You already have a document that you could use as it is, but with the things I have shown you it will be something they cannot defend against or dispute, and then if you were in a real court, the child would come home. With the heat being generated by the People waking up to the nature and method of this abuse, it is changing, and we are praying for the day our rights start being upheld in our own Lawful courts. Bless you, Pamela More papers for samples of ours can be found at www.avoiceforchildren.com This is what is in the Sui Juris book and everyone needs to read it. If they are in court they need to know everything it says in order to hope to survive the ordeal.
