Child Protection / Overprotection:
- US
v. Gillespie, 9th Circuit U.S.C.A.(1993). Anatomical Dolls fail to satisfy
Frye Test for scientific reliability.
Available in TEXT format.
Child Support: Back To Top
- Child
Support - Conflict of Interest - Overassessment
Policy Studies, Inc. is the largest [PDF] firm privately
collecting child support in America. It probably also has the most influence [PDF] of any single
organization impacting how child support orders are calculated. The
"Williams Model", adopted by 31 states, was created by Robert Williams
[PDF],
President of Policy Studies
[PDF].
It is a direct conflict of interest to have a major for-profit
corporation [PDF] that both establishes criteria for child support
obligations and then profits from collecting them. Child support tables
based on the "Williams Model" assume that the mother has the
children 100% of the time and that the father has zero expenditures on
behalf of the children. Yet in most cases, children are with their fathers
about 25% of the time. Despite this fact, states legally presume that the
Williams Model amount is the correct presumed amount for the average
father who has the children with him about 25% of the time -- and
double-assess the support against the father for the time when children
are with him. In summary, the child support tables in 31 states are approximately
25% too high -- a highly significant and ligitable assessment error.
Recently, Robert Williams has admitted in a letter [PDF] to the Ohio
Department of Human Services that his tables are fundamentally overblown.
He fudges reality by suggesting that "credits" should not be
given unless the father has his children with him more than 25% of the
time. It is a factual misrepresentation to assess child support based on deceptive
bases, and then to claim that the basis arbitrarily becomes legitimate
because a "credit" is somehow not deserved. The entire notion of
child support stems from the concept that expenses are incurred when a
child is with a parent. To rationalize that these expenses are valid only
when the child is with the parent who happens to make profits for Policy
Studies reveals the true conflict of interest. Child support tables should
reflect the normal custody arrangement as the "presumed amount",
and then be adjusted upwards or downwards when varying from the norm.
Litigation must ban Policy Studies from being involved in the legislative
or quantitative process in any way whatsoever, and we must litigate to
have the support tables in states that use the Williams model declared
invalid.
- Tindall
v. Wayne County Friend of the Court, 98-CV-73896-DT, Eastern District of
Michigan, Southern Division; 9/30/99. This is apparently the FIRST
federal decision recognizing that fathers have constitutionally protected
rights with respect to child support. In this case, the Wayne County
Michigan Friend of the Court was ordered to stop issuing arrest warrants
and conducting property seizures in the absence of court orders and proper
judicial review. This case is very important. Includes a preface by the
law firm that won the case. In PDF format [2.03 MB]
- Project
for the Improvement of Child Support Litigation Technology. Roger F. Gay's
project to debunk the privatized welfare state and to reverse the trend of
disguising mother-support as child support. Link to site
- County
of Santa Clara v. Perry v. Hernandez. [1998.CA.16052 (http://www.versuslaw.com),
Ca Sup. Ct. S062931, S061671, June 25, 1998]. Support orders
can be made retroactive only to the filing date of the notice of motion or
order to show cause for support.
Available in HTML format.
- Holmberg
v. Holmberg, Kallis-Fuller v. Fuller, and Carlson v. Carlson. Minnesota
Court of Appeals #C7-97-926, C8-97-1132, C7-97-1512, C8-98-33; [June 11,
1998].
1. The administrative child support process governed by Minn. Stat.
§ 518.5511 (1996) is unconstitutional because it violates the separation
of powers required by Minn. Const. art. III, § 1. 2. In determining
whether a lien on a homestead created by an ambiguous provision in a
dissolution judgment may be modified, the district court must determine
whether the lien is part of the division of property or in the nature of
child support. A lien in the nature of child support may be modified if
changed circumstances render it unreasonable and unfair. 3. A
disabled child support obligor is entitled to a credit for social security
disability benefits paid on behalf of a child for whom the obligor has a
duty of support. Haynes v. Haynes, 343 N.W.2d 679 (Minn. App. 1984), and
other contrary cases are overruled.
Available in HTML, Word 6.0, and PDF format.
- United
States of America v. Allan A. Mussari. [11996.C09.677
(http://www.versuslaw.com)]. District Court's decision invalidating
federal criminal nonsupport statutes of the Child Support and Recovery Act
of 1992, 18 U.S.C. S 228 (the CSRA, was reversed by the 9th District
Arizona court. This case should be studied closely for future litigation.
Available in HTML format.
- SMITH
v. SMITH,
No. 71-3146, CA
16098, SC 27080, Supreme Court of Oregon, March 24, 1981.
Requires parenting time credits, and considers in detail flaws in tabular
support orders.
Available in PDF format.
- Moss
v. Moss [LLR No. 9609060.CA, U.S.C.A. Division 2, 9/25/96]. Historic
California case defining criminal nonsupport contempt standard,
essentially decriminalizing poverty of fathers who are overassessed on
child support, and denying forced labor at state's order. "We follow the
law of this state and hold that petitioner cannot be compelled to work by
the threat of imprisonment or other restriction on his liberty. The order
of contempt is annulled."
Available in HTML and TEXT format.
- Blessing,
Director, Arizona Department Of Economic Security v. Freestone et al.
[1997, US SupCt, 95-1441]. Child Support Enforcement is not a
federal right that can be used to force states to substantially comply
with Title IV-D.
Available in HTML format.
- County
of Lake v. Gerald Anthony Antoni . The appeal of a case decision where the
court properly took into account the father's debt service for current
liabilities was upheld.
Available in HTML format.
- Coons
vs. Wilder, 416 N.E. 2d 785 (Ill, 1981). A father whose income decreased
while voluntarily attending law school is entitled to a decrease in
support payments - law school will increase his income.
Available in TEXT format.
- Bonita
Kline Curtis v. Philip H. Kline, [1995.PA.1585 (http://www.versuslaw.com)]
.
Pennsylvania state law requiring divorced parents to provide college
education is held unconstitutional by the Pennsylvania Supreme Court.
Available in HTML format.
- David
v. Matikke, 01A01 9702 CV 00090, TN C.A. Western District. Tennessee Court
of Appeals reversed the support order of the lower court, where the lower
court ordered support for the child of the marriage, without deducting
income spent to meet the standing support order to the younger child born
out of wedlock. The lower court had decided that since the child of the
marriage was born first, that the support order being paid to younger
illegitimate child was irrelevant. This case upholds federal law requiring
that each support order be fulfilled according to date of entry, with
subsequent support orders recognizing expenses of prior orders.
Available in HTML format.
- In
re Marriage of Donald and Lynnette Carlsen [96 C.D.O.S. 7737]. Increase in
child support garnered by use of unsupported "DissoMaster"
computer printout claiming hardship income deduction for wife, is
reversed.
Available in HTML format.
- In
Re Marriage of Damico, [CA S033148-OP-5/9/94] [1994.CA.247
(http://www.versuslaw.com)]. Estoppel defense to support collections
where the mother kidnaps children, conceals them from the father, and
later attempts to collect support for the period of concealment.
Available in HTML format.
- Helvering,
Commissioner of Internal Revenue, v. Horst, [1940.SCT.1152,
http://www.versuslaw.com, 311 U.S. 112, 61 S. Ct. 144, 85 L. Ed. 75]. The power to
dispose of income is the equivalent of ownership of it. The exercise of
that power to procure the payment of income to another is the enjoyment,
and hence the realization, of the income by him who exercises it.
Available in HTML format.
- Hicks
v. Feiock [1988.SCT.1981, 485 U.S. 624, 108 S. Ct. 1423, 99 L. Ed. 2d 721,
56 U.S.L.W. 4347] In child support civil and criminal contempt cases,
this U.S. Supreme Court determines the standards of proof in prosecution
and defense. Civil contempt imprisonment is upheld if the sentence vacates
upon compliance with the order, but is held to be criminal in nature if
the punishment is not expunged upon satisfaction of the order, or is for a
fixed time period without waiver upon compliance. "Ability to
pay" is not a factor in civil contempt, but is a factor in criminal
contempt, where the state has the burden of proving ability to pay.
Available in HTML format.
- Holmes
v. Holmes (NY, March 6, 1997). Fathers support order must be reduced to
match the amount of time he spends with the child.
Available in HTML format.
- Glenda
Jackson v. William R. Rapps [1991.08.1661, 947 F.2d 332, {Versuslaw}. In a
class-action suit, the Director of Missouri Division of Child Support
Enforcement and his assistant are held liable for damages where full
amounts of AFDC paid out were collected from noncustodial parents in
intentional ignorance of federal code requiring use of a table to
calculate the amount to be collected. Note:
Original case was a summary judgment in favor of litigants.
Available in HTML format.
- Minx
v. Missouri Department of Social Services [1997.MO.170
(http://www.versuslaw.com)], 8th Circuit Court, March 4, 1997. The Director of
Support Enforcement must submit all administrative tribunal decisions to
the court of jurisdiction within the state for approval by the court
before the decision can become effective and action taken. All motions and
pleadings filed in an administrative support action, by the state, must be
signed by an attorney.
Available in HTML format.
- P.O.P.S. v. GARDNER, 998 F.2d 764 (9th Cir. 1993) This
interesting piece of Washington State fathers rights litigation failed,
but probably only because the judges had political reasons for ruling
against the plaintiffs. It should be revisited. P.O.P.S contested the constitutionality
of the support tables on the grounds that the Supreme Court had not
revealed the numeric bases on which the presumed amounts are framed. Where
there is no numeric basis for questioning the tables, they are not
rebuttable, where the basis for rebuttal is invisible.
Available in HTML format.
Constitutional / Discrimination: Back To Top
- The
Constitutional Right to Be A Parent, compiled by Stuart A. Miller, American
Fathers Coalition.
Available in PDF, Wordperfect 5, and Word 6 formats.
- Supra
extracts of citations on license revocations, compiled by
David R. Usher, Chair, Missouri ACFC Coalition. Will license revocations
for support arrears stand in the high courts? What creative strategies
might win cases for fathers?
Available in PDF and TEXT format.
- TONI
RAE GUARD, Individual v. JOHN JACKSON and CINDY J, WA SupCt, 1997
{cite as 1997.WA.1208 (http://www.versuslaw.com)]. - Noncustodial parent
may sue for damages in wrongful death of illegitimate child. State law
barring such suit where father had never supported the child overturned.
br> Available in HTML format.
- In
the Matter of the Welfare of: J.G.W. and J.L.W., 433 N.W.2d 885; 1989
(Minn.).
Parent's fifth amendment privilege against compelled self-incrimination
protects him from being ordered by court to admit sexual abuse as
pre-requisite to visiting his children, but the privilege does not protect
him from the risk of being denied visitation for any failure in treatment
resulting from his failure to admit guilt
Available in TEXT format.
- In
Re the Marriage of Chastain (MoSupCt # 78611, October, 1996). Separation of
powers requires court approval of all administrative actions in child
support. Legislature may not establish short time period, permitting court
approval, should the court not approve an administrative action within
that time period.
Available in HTML format.
- P.O.P.S.
v. GARDNER, 998 F.2d 764 (9th Cir. 1993) This interesting piece of
Washington State fathers rights litigation failed, but probably only
because the judges had political reasons for ruling against the
plaintiffs. It should be revisited. P.O.P.S contested the
constitutionality of the support tables on the grounds that the Supreme
Court had not revealed the numeric bases on which the presumed amounts are
framed. Where there is no numeric basis for questioning the tables, they
are not rebuttable, where the basis for rebuttal is invisible.
Available in HTML format.
- Santosky
v. Kramer, 455 US 745 (1982). Parenting is a fundamental
Constitutional Right.
Available in TEXT format.
- Yick
Wo v. Hopkins, 118 US 356 (May, 1886). A law that is fair on its face
but unfairly enforced is unconstitutional.
Available in TEXT format.
Constitutional / Parental Rights: Back To Top
- European
Commission on Human Rights: ELSHOLZ v. GERMANY [13 July 2000]. The European
Commission on Human Rights recognized Parental Alienation and violations
of a fathers parental rights, and awarded him fees and damages.
Available in RTF format.
- U.S.
Code 34 CFR 99: Family Educational Rights and Privacy [FERPA][1 July 1997]. This section of
U.S. Code spells out your rights as a parent for access to school records.
Available in PDF and HTML formats.
Custody, Kidnapping, and Moveaways: Back To Top
- The
Constitutional Right to Be A Parent, compiled by Stuart A. Miller, American
Fathers Coalition.
Available in PDF, Wordperfect 5, and Word 6 formats.
- Justis,
Et. Al;
Ohio SupCt No. 97-17, April 1, 1998 [1998.OH.89 http://www.versuslaw.com].
Pursuant to UCCJA, PKPA, and the Full Faith and Credit Act, mother
permitted to move to another state may be charged with parental kidnapping
if she fails to return the child to Ohio for court ordered visitation with
noncustodial father, particularly where mother falsely charged father with
child sexual abuse, and may have abused the child herself.
Available in HTML format.
- Burgess
v. Burgess,
The infamous decision permitting a joint custodial mother to move out of
state.
Available in TEXT format.
- Franz,
et. al.
707 F2d 582, 1993. Wisconsin protective laws may not be used to hide a
child.
Available in TEXT format.
Domestic Violence: Back To Top
- Eagle
Forum Amicus Curiae in U.S. v. Morrison, Et. Al.; Brzonkala v. Morrison
[U.S.C.A. 4d, 2000] Eagle Forum's Amicus in Brzonkala contains language
adopted in the decision of the U.S. Court of Appeals, 4th District, which
ruled that the Rape tort provisions of the Violence Against Women Act
(VAWA) were unconstitutional. We see that the Commerce Clause, which has
long been abused in pretending that domestic violence is an issue of
commerce (right alongside truck rates), is no longer to be abused by
N.O.W. The same tenets of this Amicus may also apply to other parts of
VAWA (see U.S. v. Morrison).
Available in PDF [4.0mb] format.
- United
States v. Morrison, No. 99-5 (U.S. 05/15/2000), SUPREME COURT OF THE
UNITED STATES Nos. 99-5 and 99-29, [2000.SCT.0042099 ], May 15, 2000 Held: Section
13981 cannot be sustained under the Commerce Clause or §5 of the
Fourteenth Amendment. Pp. 7-28. [18](a) The Commerce Clause does not
provide Congress with authority to enact §13981's federal civil remedy. A
congressional enactment will be invalidated only upon a plain showing that
Congress has exceeded its constitutional bounds. See United States v.
Lopez, 514 U. S. 549, 568, 577-578. Petitioners assert that §13981 can be
sustained under Congress' commerce power as a regulation of activity that
substantially affects interstate commerce. Available in html format.
Driver's License Revocations and Related Cases: Back To Top
- James
R. Anderson v. Douglas County [1993.C08.786 (http://www.versuslaw.com)] Denial of zoning
license in competitive land use situation does not deny substantive due
process rights of litigants. Courts are not the venue for zoning decision
making in every situation.
Available in HTML format.
- Barsky
v. Board of Regents [Versuslaw] At the height of the McCarthy era, the
license of a New York doctor was taken away because of his political
views. A stunning dissent is in the footnotes, by Justice Douglas. This
case is proof that even the U.S. Supreme Court is fallible in the face of
politics.
Available in HTML format.
- Bell
v. Burson, A
key case behind license revocation suits.
Available in HTML format.
- Supra
extracts of citations on license revocations. Will license
revocations for support arrears stand in the high courts? What legal
strategies might win cases for fathers?
Available in PDF and TEXT format.
- City
of Spokane v. Julie Anne Port [716 P.2d 945, 43 Wash. App. 273]
[1986.WA.116 (http://www.versuslaw.com)] Interest of public safety
overrides right to travel when license holder operates vehicle in unsafe
manner.
Available in HTML format
- Fitch
v. Belshaw [Oregon, 581 F. Supp. 273] Minimal procedural due process
requirements with respect to license revocations.
Available in HTML format
- In
the Matter of Smiley [330 N.E.2d 53, 36 N.Y.2d 433] [1975.NY.1034
(http://www.versuslaw.com)] Appointed counsel required for indigent
litigants in matrimonial litigation, when husband cannot pay wife's costs.
Court notes the serious effect of license revocations on indigents.
Available in HTML format.
- Luk
v. Commonwealth of Massachussetts. [1995.MA.439
(http://www.versuslaw.com)] In an alcohol-related revocation,
revocations of licenses for failure to pay support are cited, however are
not ruled upon.
Available in HTML format.
- Lundborg
v. Director of the Department of Professional and Vocational Standards [64
Cal. Rptr. 650, 257 Cal. App. 2d 141] [1967.CA.1353
(http://www.versuslaw.com)] Revocation of professional license for
unethical professional activity requires full hearing.
Available in HTML format.
- Miller
v. Carter, [547 F.2d 1314], [1977.C07.2 (http://www.versuslaw.com)] A Chicago
ordinance which permanently bars persons convicted of certain offenses
from obtaining a public chauffeur's license violates the due process and
equal protection clauses of the Fourteenth Amendment.
Available in HTML format.
- Perez
v. Campbell, [No. 5175, 1971.SCT.105 (http://www.versuslaw.com)] Arizona Motor
Vehicle license revocation scheme held invalid. Federal bankruptcy codes
discharge debt arising from vehicle accidents, preventing state law from
denying driver's licenses due to failure to pay the debt.
Available in HTML format.
- Piercy
v. Heyison, [565 F.2d 854] [1977.C03.233 (http://www.versuslaw.com)] License
revocation is unconstitutional when applied without a hearing to coerce
payments of cognovit note judgments.
Available in HTML format.
- The
State of Washington v. Richard R. Scheffel et al. [1973.WA.318
(http://www.versuslaw.com] License revocation for habitual driving
offenses involving alcohol do not violate right to travel.
Available in HTML format.
- Thompson,
et. al. v. James Ellenbecker, 935 E Supp. 1037; 1993 U.S. Dist. [S.D.
1995]
License revocation for
nonsupport (upheld) . In the only case we have encountered so
far over revocation for support arrears, the appellants only litigated a
weak case for procedural process violations over forced signature. The
District Court (in general discussion) unintentionally admits in the ruling that
license revocation hinders one's ability to "get around",
possibly laying foundation for "heightened scrutiny" litigation
over right to travel and work.
Available in HTML format.
- Waterman
Steamship v. Marcus J. Casbon [417 F.2d 1040] [1969.C05.1275
(http://www.versuslaw.com] Parties who elect litigation of
constitutional issues over state statute within State courts are bound by
the decision.
Available in HTML format.
Evidence: Wiretapping / tape recording: Back To Top
- Rice
v. Rice, U.S.C.A. 1991.CO8.1790, 1991; 951 F.2d 942.8th district
court ruling decided that a person's tape recordings of one's own
telephone conversations with others is not a wiretap under federal and
Missouri wiretap provisions. However, the taping of telephonic
conversations in which one is not a 'party to the conversation' is a
wiretap.
Available in HTML format.
- Sullivan
v. Gray, 324 N.W.2d 58, 117 Mich. App. 476 (1982), 58 324 N.W.2d 58, 117
Mich. 476.
Michigan case where there is an exception and sustains the admissibility
of evidence by tape recorded telephone conversations where the other party
is not aware of the recording.
Available in Word 6 and PDF format.
- U.S.
v. Murdock.
1995 FED App. 0258P, No. 94-1984 (6th Cir). What makes this case
interesting is the analysis contained in the "dicta" and appears
to present an issue that should be explored of the exception for a parent
in order to protect a child.
Available in Word 6 and PDF format.
False Child Abuse Allegations in Divorce Proceedings: Back To Top
- Distinguishing
Between True And False Allegations Of Child Sexual Abuse In Divorce Cases:
Responding To Criminal Charges. The vast majority of child abuse
allegations in divorce and custody proceedings are untrue (96% -
Underwager). This 147-page document, prepared by noted attorney Charles
Bridges of St. Louis, describes in detail the legal principles, citations,
and methodology for revealing false allegations and defending you.
Transcripts from a winning case are discussed in detail. This document
is a must for any trial attorney who is inexperienced in handling this
style of case. Those who live in outlying areas, where it is
impossible to find an attorney who knows how to handle this kind of case,
should give this to your attorney right away so he can do his homework!
Available in PDF (336K), Wordperfect 6 (307K), and Word 6 (347K) formats.
- Mary
D., Petitioner v. HONORABLE CLARENCE WATT JUDGE OF THE CIRCUIT COURT OF
PUTNAM COUNTY AND GEORGE D., RESPONDENTS, [190 W. Va. 34, ; 438 S.E. 2nd
521; 1992 W. Va. LEXIS 76]. In a candid dissenting opinion, Supreme
Court Justice Workman wrote: "We now have a system in which a female
parent need only scream child abuse in a loud voice to keep the male
parent from seeing a child. Indeed, sexual abuse these days seems to
arouse all the hysteria that was associated with witchcraft in yesteryear.
In fact, it has even spawned a witch-huntingesque cottage industry, to-wit
badly trained, ideological rape trauma experts, rape counselors, bachelor
level pseudo-psychologists, social activists, and other assorted species
of Jacklegs. I am a firm believer that the best interests of the child are
paramount, but that does not mean never allowing a father to see his
children when the evidence preponderates on his behalf even though, like
an accused witch, he cannot clear himself beyond any shadow of a doubt.
Continuous yelling and screaming of an accusation does not make that
accusation any more true."
Available in HTML format.
Jurisdiction:
UCCJA with regard to state jurisdiction: Back To Top
- Orchard
v. Orchard, [No. 95-P-2192, Massachussets Court of Appeals, Nov. 12,
1997].
Available in HTML format.
Parental Kidnapping: Back To Top
- In
Re Marriage of Damico, [CA S033148-OP-5/9/94] [1994.CA.247
(http://www.versuslaw.com)]. Estoppel defense to support collections
where mother kidnaps children, conceals them from father, and later
attempts to collect support for the period of concealment.
Available in HTML format.
Public Officials: Back To Top
- Supra
public corruption cases involving public officials (cites only),
Available in HTML format.
Pro Se / Support Group: Back To Top
- The
Constitutional Right to Be A Parent, compiled by Stuart A. Miller, American
Fathers Coalition.
Available in PDF, Wordperfect 5, and Word 6 formats.
- Argersinger
v. Hamlin [1972.SCT.107 (http://www.versuslaw.com)] . Indigents must
have appointed counsel even in cases involving minor criminal offenses.
Available in HTML format.
- Forsythe
v. Family Court Commissioner of Dane County [1986.WI.157
(http://www.versuslaw.com)] [25 Wis. 2d 572, 373 N.W.2d 85 (Ct. App.
1985)].
Pro se litigant has absolute right to tape record trial proceedings.
Available in HTML format.
- Haines
v. Kerner 1972.SCT.7 (http://www.versuslaw.com). Pro se litigant
shall not be held to same standards of expertise as licensed attorney, and
has right to off proof of claim.
Available in HTML format.
- Jenkins
v. McKeithen, C.C.T. No. 548, 1969.SCT.96 (http://www.versuslaw.com] .
Available in HTML format.
- Johnson
v. Avery, [1969.SCT.19 (http://www.versuslaw.com)] .
Available in HTML format.
- Puckett
v. Cox, 456 F.2d 233, 1972 1972.C06.86 (http://www.versuslaw.com) .
Available in HTML format.
- NAACP
v. Button.
Members of groups who are competent non-lawyers can assist other members
of the group achieve the goals of the group in court without being charged
with "unauthorized practice of law."
Available in HTML format.
Tort Suits: Back To Top
- ANKENBRANDT
v. RICHARDS,
504 U.S. 689 (1992), 504 U.S. 689; SupCt. No. 91-367 [June 15, 1992].
Ankenbrandt specifically deals with the standing for tort claims in
Federal Jurisdiction in Family Court matters traditionally thought to be a
domestic relations exception to Federal Jurisdiction. Held: 1. A
domestic relations exception to federal diversity jurisdiction exists as a
matter of statutory construction. Pp. 3-11. 2. The domestic
relations exception does not permit a district court to refuse to exercise
diversity jurisdiction over a tort action for damages. The exception, as
articulated by this Court since Barber, encompasses only cases involving
the issuance of a divorce, alimony, or child custody decree. As so
limited, the exception's validity must be reaffirmed, given the long
passage of time without any expression of congressional dissatisfaction
and sound policy considerations of judicial economy and expertise. Because
this lawsuit in no way seeks a divorce, alimony, or child custody decree,
the Court of Appeals erred by affirming the District Court's invocation of
the domestic relations exception. Federal subject matter jurisdiction
pursuant to 1332 is proper in this case. Pp. 701-704.This case has not
been sheepardized and may have other cases since 1992 that have affected
it.
Available in Word 6 and PDF format.
- Bullock
v. Huster.
532 N.W.2d 202, 209 Mich.App. 551,(Mich.App. 1995). Bullock is a Michigan
case where there is standing to sue a court appointed attorney, guardian
ad litem, appointed by the court to represent a minor child, for the tort
of negligent representation. One must note that the aggrieved parent must
make a complaint during the trial, and preserve the issue on record about the
negligence of the court appointed attorney before the issue (preferably by
written and filed objection) so as to avoid the possibility that the
objection in open court will not appear in the court transcript.
Available in Word 6 and PDF format.
- TONI
RAE GUARD, Individual v. JOHN JACKSON and CINDY J., WA SupCt, 1997
{cite as 1997.WA.1208 (http://www.versuslaw.com)]. - Noncustodial parent
may sue for damages in wrongful death of illegitimate child. State law
barring such suit where father had never supported the child overturned.
Available in HTML format.
- Kajtazi
v. Kajtazi,
United States District Court, Eastern District New York., 488 F. Supp. 15
[August 29, 1978]. - Federal court awarded damages for custodial
interference and kidnapping.
Available in TEXT format.
- Pankratz
v. Willis, 744 P.2d 1182 [Arizona, 1987], $125,000 damages were awarded to
father for intentional infliction of emotional distress resulting from
parental kidnapping of children by wife, supported by her parents.
Available in TEXT format.