Due Process Violations in Custody Litigation sign now

Note: Four years ago, I authored a petition titled "Save Our Children From Court Sanctioned Abuse," that was aimed at Illinois residents. You can view that petition here http://www.petitiononline.com/illinois/petition.html. The outpouring of support has been tremendous. This includes an article written about the old petition by an attorney. You can read an excerpt here https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=94+Minn.+L.+Rev.+2103&srctype=smi&srcid=3B15&key=5e97644e1170af0dfe2dfda07e38381b

Understandably, many victims have chosen to contact me privately, rather than signing the petition. Since authoring the initial petition, I have become aware that this problem that plagues our court system is a nation wide epidemic. Our court system is broken and this needs to be in front of those who have the power to fix it. I have been blessed with celebrity status and I am also now a member of the news media. I will use whatever resources I have to ensure that everyone gets a fair shake in our court system and that our children are protected.

To: The President of the United States, U.S Congress and Senate

Dear Citizens Of the United States Of America,

There is a huge problem within the United States of America and I write this legislation and petition to inform all of you as to what is happening, because I do not believe that the average person, who is not directly involved in custody litigation or a victim of domestic violence knows what travesties are occurring in our family court system- the one place where we are supposed to be able to turn for help and be treated equally and respectfully.

Please read and sign your name and town to the bottom of this petition and forward this to everyone you know who cares about justice. I have already sent this petition to Congressman Lipinski (Illinois) when I contacted him regarding the fact that innocent children are being removed from their loving caretakers and placed in the custody of batterers and molesters, where overwhelming evidence has been presented and ignored by judges and court appointed Guardians Ad Litem . Judges and Guardians Ad Litem are denying domestic violence victims (including children) due process, violating standard court procedure and failing miserably at protecting our children. As I write this, my nine year old son Jason is being abused with the blessing of corrupt and broken judicial system. The beauty of it for them is they think that they are above the law. As I author this petition, it has been five years since I have seen my son. The damage to our relationship is beyond repair. The court has had no regard for the Indian Child Welfare Act, or for his or my safety. There have been numerous due process violations and federal law violations. As it stands now, I have been filing motions and petitions in this litigation and the court refuses to set a hearing on these issues. The court has the "ignore it and it will go away" attitude.

I fled my home state, seeking refuge in another state after the judge reduced my restraining orders to nothing and eliminated my right to seek restitution and justice in criminal court. This is over reaching and abuse of judicial power. I may not ever see my son again, but I can prevent this from happening to others. I am calling on the help of the American people to do that.

I am one of the rare mothers that you will find, who is willing to speak out about such issues. Most are afraid of retaliation. Others have been issued gag orders-yes this is unconstitutional, but then there is much going on inside family court that is unconstitutional.

Five years ago, Mr. Lipinski told me that in order to get the laws changed, we need a strong lobby. So, I call upon the citizens of the United States to take a stand. Lets send a Message to our lawmakers and to these crooked judges and court-appointed officials that we are sick and tired of their corruption, extortion and bribery at the price of our children. I for one, am not willing to pay that high of a price to line their pockets. Are
you? We can no longer remain silent as children suffer thru court sanctioned abuse, As each day that passes, more children are bought and sold.

The first step in reversing this disturbing trend in our family court system is to demand the abolishment of court appointed child representatives (Guardians Ad Litem). We can eradicate these injustices by abolishing section 506 Representation Of Child From Illinois Act, 750 ILCS 5/506. This is addressed in Article 1 of the Petition.
The second step, which is addressed in article 2, proposes to remove judicial immunity and hold judges accountable for their atrocities.

Article 1: Abolish the Guardian Ad Litem in Custody Litigation

1. Abolish the GALs in custody litigation. The Guardian Ad Litum is untrained, biased and free to express what they deem the childs wishes without the GAL being subject to cross-examination. These court appointed attorneys have immunity, like judges and there is no relief that one can seek if a GAL is conducting themselves inappropriately. {The author of this opetition learned this when she tried to report her GAL to the ARDC and was told to take it up with the judge. But if the judge would do something about the GAL, there would have been no reason to report the GAL elsewhere.}

2. The GAL should be abolished because their role is not subject to definition in any way consistent with appropriate judicial proceedings. There is no documented benefit of their involement and in fact are often hinder court litigation.

3. The Gal should be abolished because they undermine and compromise fact finding by acting in a role of a judge and thereby depriving parents due process.

4. They undermine parental authority and privacy. Who are they to decide what is in a child's best interest? After all, we will always know our children and what is best for them far more than they do.

5. The costs incurred from a GALs involvement is ridiculous and is much more than most litigants can afford. This money could have been spent to the benefit of the child(ren) at issue.

6. In cases where domestic violence is involved, the GAL routinely acts against sound judgment, and has no regard for the childs safety and well being. Most frequently, they will seek to build up a case against the parent who is fleeing the abusive relationship and attempting to keep the children safe.

7. Survivors of domestic violence have had enough of court sanctioned abuse. Not being believed by a GAL, put on trial for their actions and having them routinely side with batterers and child abusers. They look the other way as evidence and even testimony is given that solidifies their case that either they or their child is in danger from the abuser.

8. GALs routinely act against what truly is in a childs best interest and often ignore the wishes of the child.

9.The GAL erroneously feels it is in a childs best interest to have an abusive parent than little or no contact with a parent-putting their safety at risk.

10.The GAL sees joint parenting as a one size fits all law, that just is not plausible when domestic violence is involved. Domestic violence is about control. When a victim leaves their abuser, the abuser seeks to regain that control thru the children. They want to hurt them, to get even by using the children as weapons or pawns. Leave me, and you will never see your baby again. This is why so many victims stay. The ones that do leave, like myself face the very real possibility of losing custody. When an abuser gains custody, the control and manipulation only gets worse for the victim.

11.They should be abolished because they have total immunity for their actions.

12. The GAL should be abolished because they serve no further purpose in the court. The parents attorney(s) and the judge are sufficient to investigate and settle a case.

13.Under the guise of benefiting children, the only issue the GAL genuinely represents is obstruction and vexation. They hinder justice within the family court system and commonly recommend a childs placement within an abusive home.

14.The GaL should be abolished because they are allowed to give biased personal opinions which are not based upon factual evidence.

15.In cases involving domestic violence, children are taken from the protective parent and placed in the custody of the abuser. This does not happen in spite of the GALs but because of them. A GAL is mandated to protect children, yet they aggressively advocate for the children to be placed with abusers and child molesters.

16.One of the biggest and tragic failures of the family court system is its failure to protect parents and children fleeing from abusive homes. Its a catch 22 situation. As a parent, it is your legal duty to keep your children safe. Stay with an abuser and you risk losing custody. Leave with the children and the court and the GAL will remove them from you and return the children to the situation so detrimental to them.

17.Custody evaluators and GALs receive the least amount of training about domestic violence than any other workers within the civil justice system and so it is their flawed thinking that the abuse will end if the abuser has custody or that they think that abuse and control has ended because the couple is no longer living together. A GAL treats victims of domestic violence as if it never happened, they ignore what the children report to them regarding abuse, they do not advocate or express to the judge the need for an order of protection. In fact, if a victim obtains an Order Of Protection from a criminal court, it is viewed by the court as a sign not that they are protecting themselves and the children, but rather that they are not the friendly parent. This perceived unwillingness to foster a positive relationship between the child and the other parent, is used against the victim to remove the child from their protective care.

18.It is the duty of every court to investigate fully all allegations thru evidence and testimony. The GAL interferes with the fact finding efforts, by ignoring evidence or focusing their priorities upon lesser issues. {IE,is mom badmouthing dad in front of the children and does she foster a loving relationship between the father and the children}

19.A GAL ignores the fact that there are statutes in 48 states that prevent batterers from gaining custody or that a court must take domestic violence into consideration during said proceedings.

20.The GAL should be abolished because they perpetuate the belief that all physical or sexual abuse issues made within the context of a divorce or custody dispute are false. They refuse to believe the child abuse victim and punish the mother or victim of domestic violence.They put the victim on trial. The GAL insists that a child has been coached into their testimony of abuse siting that children at a particular age have no knowledge of such sexual acts unless the protective parent has instructed them to do so. Of course it never enters their minds that they have carnal knowledge because they really did experience it firsthand. Perhaps it is easier on ones conscious to believe that this abuse is made up, rather than own up to the sickening truth.

21.GALs currently accept the theory of Parental Alienation Syndrome as fact. Parental Alienation Syndrome is a pedophiles dream defense. PAS is not recognized by the American Medial Association or by the DSM. This theory which was invented by Richard Gardner, is used to explain the fear that children exhibit while in the presence of the abuser. With this theory, or junk science comes the belief that a mother or protective parent has programmed or brainwashed this fear into the child and turns it around to make it look like the protective parent is he one who is causing the child psychological harm. While the true abuser {the alleged Alienated Parent} is able to obtain custody and severely limit parenting time to the protective parent.

22.Although Parental Alienation Syndrome is not proven or widely accepted in any bone fide medical or psychological associations, it continues to be the protocol followed by GALs and custody evaluators and judges.

23.GALs have abused their power, overstepped their bounds by screening a child's friends, screening gifts and continually modify visitation schedules.

24.GALs undermine the right to a fair trial and an impartial trial judge . GALs undermine due process by participating an ex parte communications between the courts and one party. {That is off the record and secret communications between the judge and the GAL}Yet, many courts actually encourage a GALs participation in ex parte communication with the judges. An attorney rarely if ever challenges this because they fear the detrimental affects to their clients case. Getting on a GALs bad side means you will lose your case or the GAL will retaliate against the attorneys client.

25.Although, nothing undermines due process more than this particular practice, both the judge and the GAL are considered above the law and unaccountable for their actions. Since the GALs role is vaguely defined, there is nothing that can be done under the rules of professional conduct to handle any conflict which may arise with the GAL in the course of litigation. A GAL also has immunity from any civil litigation and at the very minimum, laws needs to be changed to ensure that the GAL does not have immunity. The excuse for such current immunity states that a GALs loyalty is to the court, not the children that they represent.

26. The GAL attempts to maintain jurisdiction within areas that they do not have. {In the author's particular case for example,The GAL voiced her opinion on a division of funds that is said to resolve the issue of tax fraud and forged endorsements. When the GAL learned that the IRS Criminal
Investigations unit is investigating this matter, along with the States attorney, the GAL reprimanded me and said that having dad arrested and prosecuted for tax fraud was a sign of my reluctance to foster a father/son relationship.}

27.In determining the weight that a GALs opinion should carry with the court, a GAL is not required to disclose their qualifications.

28.No attorney would accept a GAL appointment, if liability could result and this is why they have immunity. The same immunity that judges do. Therefore, GALs have no concern about their conduct or misconduct within the court room.

29.The GAL should be abolished for economic hardship placed upon families. In contested litigation, a GALs fees could easily exceed 20,000. Parents who cannot afford to pay are faced with contempt of court-and for not being able to afford to pay a person which they did not contract or hire! In addition to these fees, litigants must also pay their private attorney and bare the burden and expense of having to undo the legal damage done by the GAL.

30.The GAL is motivated by two things: their reputation and money. At trial, the GAL must be ready to defend their recommendations, in order to maintain good standing with the judge {and therefore attaining more appointments}.A judge will also reduce a GALSs fees if their recommendation does not prevail. So, those who think a GAL is all about protecting children is gravely mistaken. In the family court system, guarding your reputation takes precedence before guarding a child against an abusive parent.

31.The GAL should be abolished because there are now children who have reached the legal age, who are now filing lawsuits on their own behalves, from being forced against their wills by the courts to live with abusive parents.

Article 2- Judges

1.Judges must be held accountable for their actions. The current laws give them full immunity even against civil suits. WE MUST CHANGE THIS.

2.The ways that the laws are currently written, makes it impossible for a victim of domestic violence to make a clean break from their abuser and statistics show that after leaving the relationship is when a victim is in the most danger of being murdered by the abuser.

3.Judges must realize (as with all court appointed officials) that shared parenting is not a one size fits all law, especially in situations involving domestic violence. The majority of judges now prefer joint legal custody, which works only if the parties can affectively communicate. If a victim of domestic violence objects on the grounds that communication is not possible, then the judges will punish her-the victim not the perpetrator-by removing the children and handing them over to their abuser. A judge sees fleeing, or obtaining an order of protection as a sign that the mother is unwilling or guilty of somehow interfering in the father/child relationship. I find this to be discriminatory on the basis of gender and an insult to those who have already been victimized.

4.Family court must take domestic violence issues more seriously. There are no guards in family court there to protect a woman who has an order of protection. They assume that an abuser will not do anything inside of a courtroom, but we know this to be historically untrue.

5.Judges must be educated on the phantom Parental Alienation Syndrome, which has become the protocol to follow in custody litigation. Neither The American Medical Association nor the American Psychiatric Association acknowledge this as a bone fide syndrome. Richard Gardner, who invented this theory was a very sick man (just look into his autopsy report). The man died of suicide with at least 100 different medications in his system, but his actual cause of death was self-inflicted stab wounds. In addition to his PAS theory, Mr. Gardner was in favor of pedophilia.

6.Judges must close all the legal loopholes that allow parents to get away with molesting their own children.

6. Anyone who has a record of child or sexual assault, should never be considered as an appropriate custodian and their petition for custody should be immediately denied.

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Blanche ConradBy:
Petition target:
The President and US Congress


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