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 is 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 a
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 rises 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 which 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 a very important case. Includes 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,
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 . Appeal of
case decision where the court properly took into account father's debt
service for current liabilities 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 support order of the lower court, where lower
court ordered support for child of the marriage, without deducting income
spent to meet standing support order to younger child born out of wedlock.
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 mother kidnaps children,
conceals them from 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 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 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 judgement 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. Director of Support Enforcement must submit all
administrative tribunal decisions to the court of jurisdiction within the
state for approval by the court, before 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, premitting 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 decisionmaking 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 alchohol-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 Jurisdicition. 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 shepardized 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.