The Law on Due Process Help add Civil Courts

Due Process: Right to Counsel

Turner argues that indigent defendants facing incarceration through civil contempt hearings should have the right to appointed counsel under the Due Process Clause of the Fourteenth Amendment. Turner claims that the Court’s Sixth Amendment cases involving the right to counsel focus on the defendant’s need for the guidance that counsel provides, and the seriousness of the stakes involved. Turner asserts that in In re Gault, 387 U.S. 1 (1967), the Court determined that a juvenile is entitled to the right to counsel in civil juvenile delinquency hearings, which may result in institutionalization. The Court reasoned the juvenile had a right to counsel because the hearings could result in incarceration comparable to felony prosecution, and because the juvenile requires counsel to navigate the law and present an adequate defense. Similarly, Turner asserts that the Court determined in Vitek v. Jones that a prisoner has a right to counsel in civil commitment proceedings, because commitment results in a substantial restriction of liberty, and the defendant would likely require counsel to adequately exercise and protect his rights. Turner argues that these cases establish the proposition that a defendant in a civil proceeding facing incarceration has the right to counsel.
Rogers claims that Turner’s proposition is incorrect, because the Due Process clause does not create a presumptive right to counsel in civil cases where the defendant may be incarcerated. Rogers explains that the Court in Gagnon v. Scarpelli, 411 U.S. 778 (1973), held that minors do not have the right to counsel when facing commitment to a mental hospital. The Court found a “presumption that there is no right to appointed counsel in the absence of at least a potential deprivation of physical liberty.” Rogers asserts that Lassiter does not create a presumption of a right of counsel; potential incarceration is not in itself sufficient to create an exception to the general rule that there is no right to counsel in civil cases.
Rogers argues that due process does not require counsel for a defendant in a child-support civil-contempt hearing. In order to provide a complete defense, the defendant need only show that he cannot pay by bringing in tax forms, or employment or doctors’ letters. Rogers claims that defendants do not need counsel because there are relaxed procedural and evidentiary rules, no juries, and technical issues involving the statute of limitations or res judicata rarely arise. Rogers declares that if the defendant in a child support proceeding did have a right to counsel then the proceedings would become unbalanced; the child-support-seeking plaintiff would not have a corresponding right to counsel and likely could not afford to hire a private attorney.
The United States agrees with Rogers that Due Process does not require appointed counsel for defendants in child support civil contempt hearings where the defendant could be imprisoned. Nevertheless, the United States argues for reversal because the judge in this case did not provide the defendant with a way to prove that he could not pay the support, thereby violating due process. Inability to pay is a complete defense to a civil contempt charge for non-payment of child support. The United States contends that due process may be satisfied if the family court implements procedures, such as requiring financial forms, affidavits, or preliminary assessments of the defendant’s ability to pay.

Access To Justice

‘‘(b) TECHNICAL ASSISTANCE.— ‘‘(1) STRATEGIC PLANNING.—Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph. ‘‘(2) PROTECTION OF CONSTITUTIONAL RIGHTS.—Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include— ‘‘(A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and ‘‘(B) assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—For each of fiscal years 2017 through 2021, of the amounts appropriated to carry out this subpart, not less than $5,000,000 and not more than $10,000,000 shall be used to carry out this subsection.’’. (c) APPLICABILITY.—The requirement to submit a strategic plan under section 501(a)(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b), shall apply to any application submitted under such section 501 for a grant for any fiscal year beginning after the date that is 1 year after the date of enactment of this Act.

Finally A Chance To Be Heard

MainStreamMedia Wants to Hear about Your Case!

CALLING All Women Whose Kids Were Taken Away & Given to Fathers: MainStreamMedia (MSM) Is Listening!

Many National Mainstream Media Investigative Journalists, both TV and print, have recently contacted Cindy Dumas, Director of The Women’s Coalition, about the epidemic of children taken from women and given to fathers, many of whom are physically or sexually abusive.

MSM wants to know the extent of the crisis so this social media event has been set up for all women to get their voices heard. Editors, reporters and producers will be reading the posts and comments so please let them know how this has negatively impacted your life!

There are three ways you can participate:
1. Join the event and post about your case.
2. Comment, Like and SHARE posts
3. Send an email to

email: TheWomensCoalitionPAC@gmail.com

 with a one page or less summary of your case. Put MSM in the subject line. [TWC will keep name confidential if it is requested.]

NOTE: It can be very brief if you’re short on time, something like:
“I am my children’s primary bond, but they were taken away from me when they were 8 and 10 and sole custody was given to the father who was abusive to them. I have been restricted to supervised visits and have been bankrupted fighting for them. We have been destroyed by the system.”
If you sent one for the UN Complaint, you can use that summary.
If you want anonymity TWC will post it for you.
Use a photo for more impact.

WHO should participate: Any woman who was the primary nurturer of her child(ren) and lost primary custody to a father (whether he was abusive or not)–even if joint custody was awarded–without a fair hearing.

NOTE: One journalist is especially interested in Massachusetts cases and two are especially interested in cases where the mothers went into hiding.

ONE PAGE SUMMARY (optional):
• You were/are the primary nurturing parent
• How many children were taken
• What false accusations were used
• What kind of visitation you got, if any
• How long you went without seeing your kids
• What kind of abuse was involved, if any
• Whether your evidence was covered up or disregarded
• Whether you were coerced into silence; by whom
• Which officials involved: DA’s, law enforcement, social services, family court officials, psychologists, therapists, etc. (names optional);
• Whether you/your kids suffered trauma symptoms
• Whether you were financially devastated
• Whether your career was damaged or destroyed
• How you feel about what was done to you and your children

Please SHARE this event so MSM is deluged with cases!!

(bloggers opinion, this should be an issue of injustice regardless of sex)

A response X’s 2

I believe I told you, dear reader, that I had told my Daughter Libby about this blog, and that she really didn’t approve stating it is “Private”, and therefore inappropriate for me to publish things here…

I told her it was time for me to tell my side of the story and that it was healing, and quite the relief to finally have the courage to tell others about this part of my life in the hope I can save a marriage; prevent acrimony in divorce; or prevent Parental Alienation.

Then I asked her why is she angry at me for posting the court docs, the IRS Lien, when it was the settlement her dad asked for; and it was he who refused to complete that settlement.  I never wanted this, she knows that is true.

She replied, (sighing) “yeah, I guess you’re right Ma, but I hate it.”

*******************************

Then I was messing around with my iPad the other day and hit an e-mail address belonging to one of my kids and typed “Hi” not expecting that email to be any good. A few seconds later “Bling” there was a message, the first contact in several years, it stated (Paraphrasing) “Stop contacting me. Stop lying on your horrible blog about my family, and take down your review of “Momma” because it is negative and you missed the point of your child’s words when she wrote it.”

I thought about it a few and then I wrote, “I’ll make you a deal, I will remove anything from my blog that you can prove is a lie. I will try to remove my review of the Song “Momma” and I won’t contact you at all if I can get one text a week saying you are alive and well and healthy.”

I changed my review of the song “Momma” I tried to delete it, but there was no option.

I have not been notified of any “Lies” that need to be addressed here, so it remains.

I haven’t been given a text back, but I am going to wait the full week before I cry about that.

Thanks for reading.
Responses are welcome.

A Heart that is so Broken Sometimes Just HAS to say, “Enough”!

I was texting my daughter (the only one that still talks to me) the other night.  She says that all this stuff is private and I shouldn’t publish it.

I  really think over the things I publish, I have prayed about it, I have even discussed it with an attorney and come to the conclusion that the only thing left for me to do it to show the hypocrisy, and give public evidence of the pain I have endured now for 12 years.  I blog here not just to regain some of my own lost pride, but also because I FIRMLY believe that Parental Alienation can only be prevented if one knows what to look for.

I was BLINDSIDED by this.  I never imagined the children I gave birth to could hate me so harshly, and so undeservedly.  I was a good mother.  I tried very hard to teach my children in ways that would have meaning, not just by lecture or spanking, but by demonstrating how actions have consequences.

My children have taught me that in divorce leaving the state is the absolute WORST IDEA anyone can have.  You MUST BE THERE for them even if it is not in the same house.  For that mistake I will pay continuously for the rest of my life.

I can’t keep reaching out to them, to be hung up on, or avoid writing the truth here because it is embarrassing.  TO BAD!

A) I never wanted to be divorced; he filed against me.

B) I signed our IRS documents shortly after the divorce, HE DIDN’T FILE them, HE disobeyed the courts order, not me.

C) I had to pay private mortgage interest rates because he left my name on our home in Alabama for 6 years the rate of interest I was paying was 10.5% while the bank rate was around 5%.

D) I couldn’t go back to school for two years because of his failure to file.  Until I finally consulted the IRS and an attorney who told me that since he did not comply with the judge’s 30 day mandate I was no longer obligated to wait, I could file on my own, and I did.

E) When American Express sued him his defense was that I was mental and overspent.  However, all the items I bought he enjoys.

F) If I was mental as he says, how is it that he was able or even RIGHT to have me sign a “Quit Claim” deed on our home while I was in the hospital voluntarily seeking help for what I can only describe as a “breakdown”?

G) The religious aspects of this really tick me off, I have been avoiding writing about them, but there will be a lot about that coming soon.  Anyway, he is a born Catholic.  Divorces are not acceptable, and his divorce, and subsequent remarriage, according to Doctrine makes him (and by default me) an adulterer in the eyes of the Catholic Church.  So how does he have the nerve to take Holy Communion? I don’t.  I won’t until I get a blessing to do so by a priest I am seeing for counseling over all this.  So far, he has not said I can receive communion.   PLUS Chuck is a Knight of Columbus and a Past Grand Knight, who marches in Parades in full regalia which kind of makes me want to barf.

G) GEE how can he make this right?  Admit to the kids he lied to them about me, that HE refused me re-admittance to the home, he wanted the divorce and that he systematically chased me out of Alabama… That he did not follow the court order, that HE kept my letters and gifts from them so they would think I was not thinking about them ALL THE TIME (which I was). That I LOVE THEM SO MUCH and he knows it, and they should too. FINALLY he needs to pay me the money I was awarded in our divorce.

I am not holding my breath,.  But I am so GLAD that there is a FIRST AMENDMENT.

Money! … Makes the World Go Around, & Brings Out the Beast Sometimes.

S/he with the most money wins.

S/he with the most money wins.

Let’s talk about cash.

Cold, hard, cash. My ex husband waited until I was voluntarily in Huntsville Hospital seeking help for my breakdown to bring in a paper called a “quit claim deed” which he asked me to sign and I in a drugged induced fog signed it; not knowing that he had a divorce planned, and he nefariously wanted me to lose my right to the home. In case you didn’t know, a quitclaim deed removes all your right to property you purchased with another party.

Our home on Manningham Drive was my pride and joy. I was the one who picked out the floor plan, who was there every day during the construction process, put dug the pond in the backyard while 7 months pregnant, me who went to our prior home to ask for a wister I had moved to our new house. I had grown that wisteria from a twig no longer than my forearm, and now it was a full-grown tree with blossoms that smelled like carnations and cinnamon. I loved that neighborhood so much that I put myself through terrible times to protect neighborhood property rights and values as both president of the homeowners association and member of the architectural approval committee. Quit claim deed, I would never have signed it knowing what the real purpose was. I call that fraud,obtaining property when someone is completely mentally out of it…

During the court proceeding his side brought that quitclaim deed into court declaring I wanted no part of the house. Five years later a different judge heard a case brought by American Express against my ex-husband for not paying a bill ordered by Judge battle for him to pay within 30 days of my divorce being final. My ex-husband’s defense against not having to pay that bill was that at the time the money was spent I was fully responsible for the charges that I was mentally incompetent to make good money decisions therefore he was not responsible for paying that bill. So how can I po have been lucid enough to sign that?! Was it a coincidence that the judge that heard my contempt hearing was the same judge that ruled in Chuck’s favor when American Express sued him?

In the state of Alabama if a marriage goes over 10 years before divorce the wife and husband are to divide assets equally. There are exceptions in cases where adultery is involved or other unthinkable acts, yet adultery is considered forgiven if the husband and wife remain married for more than six months after the discovery of the infidelity. This was the case in my divorce. It had been much longer than six months in fact it had been over a year since I even saw Saco. However we did have a substantial tax bill and American Express bill that needed to be dealt with. The judge ordered Chuck to pay both the taxes and the American Express to then subtract 50% of both of those bills from my portion of his Lockheed Martin retirement and pay me the remainder of my 50%, within 30 days of our divorce ring final. The judge states he, the judge, would submit the QDRO.

My husband ignored the courts order and never filed our taxes for several years he also did not pay the American Express bill which was on my credit report as well as his for years. He also never removed my name from his mortgage on our former home which had the effect of preventing me from obtaining a mortgage on a home of my own from a bank. Instead I had to go and find private money at a rate of 13% interest which is significantly higher than the rate that a bank would charge.

His failure to file taxes cost me a year of school attendance because I could not show my income to the student financial aid department. Three years after our divorce I finally spoke to a lawyer who went over my divorce decree and told me that since Chuck did not file the taxes within 30 days or pay the American Express bill within 30 days he was in contempt of court and I was no longer obligated to be responsible for that 50%. He also advised that I could file my own taxes for those years and so I did, despite having signed a joint tax return prepared about a year after our divorce. I called the IRS first, of course, and asked if a joint tax return had been filed for the years ordered in my decree with our Social Security numbers? They told me none had been filed. They agreed with the attorney and said I should file my own tax returns for the years in question with my own income stated on the forms. Of course being a stay-at-home mom with a very small business meant that I had no tax liability for the years in question.

I do not believe that it’s a grey area of law if a person disobeys a court order to do something within 30 days, failing to comply cost them the right to force another party to lose money.

His failure to follow the court order cost me dearly. Not only did I have to pay 13% interest on my home but my credit was damaged beyond belief causing me to file a bankruptcy. The lawyer who did my bankruptcy included every loan that my ex-husband and I had jointly IRS, American Express, and any debt that he could claim even remotely I owed. The bankruptcy was discharged in 2005. I am only just now reestablishing my credit.

Now let’s talk about the retirement fund. At the time of our divorce we had been saving the max allowed in the Lockheed Martin retirement fund his salary was about $120,000 a year. Lockheed Martin matched funds up to a certain point and he had worked there for seven years. Also we had retirement funds from his work at Native American services, his work at EWA, and other companies over our 13 year marriage. We also purchased a weekly $100 savings bond.

Aside from saving for the future we had a very large gun, coin, jewelry, gem, collectible, and musical instrument collection. Some of the furniture in our home was over 100 years old and quite valuable.

Through some mega bargaining I had purchased Chuck a Cadillac Deville which he and I sold after driving for a year at a profit. Very nearly unheard of. The sale price was $18,500, I paid $17,000 a year before. When the cars were brought up in court it was as though they were trying to say that I made poor purchases that cost our family money. The facts show that the purchases I made on the vehicles made our family money. Indeed I was criticized for not financing them and for paying for them with a check we had the money. We had the money, because I made several daytrades that gleaned us over $1.5 million. Indeed things were going quite well until the dreadful stock market crash. To me it seemed the divorce was partially motivated by losing money to the stock market. What my husband failed to see was that despite margin calls we still had stock worth well over $50,000. Had we just bided time these things would’ve turned around. I want to add though that about two months before the stock market crash I had asked no big him to sell all the stock and get liquid he refused to do so because he did not want a tax liability.

I promised that I would not seek alimony if he put my kids through college. So far he failed to put my two oldest children through college. Since I don’t know who is paying for my daughter Wanda Wanda to attend I can’t speak for that, and my son is not out of high school yet.

There are many other things that we could probably put a price tag on but primarily the items above should be, by court order, divided equally. This has never occurred. In fact today I have only received $20,000 from an account that I myself put my own money in from Dean Witter daytrading, and a small amount from Waddell and Reed which only represented a small portion of the money they held for our retirement and certainly did not receive 50% of our total holdings with them. Chuck never disclosed several accounts including one at Travelers, another at Merrill Lynch and finally a savings account at Redstone Federal credit Union.

When it came time for a QDRO to be filed his lawyer flatly refused to do it fill out the form. My lawyer was disbarred. However, I do not think it is too late. So if you are a lawyer capable of practicing in Alabama and would like to represent me please contact me. Lorindellia@hotmail.com

Target Parents Using Social Media – Should They or Shouldn’t They?

Target Parents Using Social Media – Should They or Shouldn’t They?.

My kids have had their computers, iPhones, and other lost for communicating with me; they can’t friend me, I can’t friend them.