New Rule Proposed For Keeping Highly Personal Information Confidential in Juvenile and Domestic Cases

December 22, 2014

The Ohio Supreme Court is accepting public comments until Feb 20, 2015 on an amendment to the Rules of Superintendence. The proposed amendment may be found here: Sup.R 44(C)(2)(h).

Comments may be emailed to: Stephanie.Nelson@sc.ohio.gova

Ohio - Child Trafficking American Style: How Cash-for-Kids exists and how to Stop It by January 16, 2015

Divorce Corp has asked for our help in trying to stop the - Cash-for-kids - that goes on between the states and Federal government. These videos encapsulates the problems that parents suffer through in the Family Court system. Towards the end Joe Sorge and Divorce Corp tell you how you can make a difference:

Director Joe Sorge (Divorce Corp) reveals how good intentions gone bad and a callous legal profession has catapulted the United States into the unenviable position of leading the developed world in single parent households. Six billion dollars per year of taxpayer money motivates some of the worst public policy imaginable, leading to the bankrupting of families, the imprisonment of wage earners, and the manipulation and misuse of children as a currency for separating parents and opportunistic professionals. The Federal Government has opened up a rare opportunity to comment on these outdated and dysfunctional laws. Joe Sorge makes an appeal to write to Washington by the end of the public comment period, January 16, 2015, to reform these misguided Federal regulations. A link is provided to Divorce Corp’s web site, showing recommended changes to the Federal Regulations, and suggested reform language to send to Washington.

A YouTube video may be found here - YouTube

Please share this video with your contacts or find out more on Facebook.

Should I Be Part of a Class Action Suit Against My Guardian ad litem?

Recently there was talk about doing a class action suit against a particular Guardian ad litem. Three years ago I would have been in favor of something like that. Today not so in light of all of the actions brought against Guardians ad litem in the state. In 10 years there have been numerous complaints filed against Guardians ad litem with the Head Judge (this does not even take into consideration the complaints filed at the lower court). Out of about 150 complaints initiated by consumers do you know how many were successful in correcting/ removing the Guardian ad litem?

ZERO/ NONE

Well there were two removed by the courts because of mental health issues but those were not initiated by consumers (I stand corrected). As a consumer interested in filing a complaint at the highest level you would be better off investing in the lottery. You stand a far better chance of getting a result (any result) from the purchase of a lottery ticket than you would in court.

In three years little has been accomplished in courts - rolling the dice and playing by their rules. They (the courts and divorce industry) hold the cards. On the other hand there is no reason holding us back from playing with a different set of rules a different deck of cards.

Think Different.......

The Pro se Problem in Family Courts - Ohio

In Maine and Connecticut there is a movement to change the Family Court system. Ohio is no different than these other two states. While this letter is addressed to the Maine Judicial branch it can be applied to other states just as well:

Mary Ann Lynch
Government and Media Counsel
Maine Judicial Branch

Dear Mary Ann,

It was a pleasure to talk with you by phone on Wednesday afternoon and to share a few thoughts about the very troubling 74% ‘pro se’ problem in Maine’s family courts. 74% is a powerful number that speaks to a socially unacceptable differential status of citizens/voters in the face of  justice. My purpose in calling you was  to be a “catalyst” for broad based problem-solving concerning the ‘pro se’ phenomenon. It seems to be growing numerically by leaps and bounds, despite valiant, well-documented efforts by your associates to contain it.

To me, as a former public health planner, there appears to be a lack of data about the nature of this problem that would be a vital necessity in designing a strategic intervention to reduce this unacceptable 74% number. The problem of ‘pro se’ numbers also appears to suffer (paradoxically) from well-intended attempts to try to solve the ‘pro’ se’ problem with inadequate problem definition. It puts “answers to the problem” before adequate “problem definition”, and thereby places the cart in front of the horse. Without wishing to disparage the ongoing work being attempted by those associated with the Maine Judicial Branch and the Maine Bar, I would suggest that there are some serious planning questions that need research and study before seeking answers.

Here, in brief, are a few of my thoughts, a recap and elaboration on our earlier phone discussion:

WHAT SHOULD THE GOALS FOR  ANY ‘PRO SE’ INTERVENTION BE? In any thoughtful, large scale, organized government plan, one needs clearly stated goals to aim for- and to keep the movement towards goals on target. I would suggest- tentatively - that the aim for the ‘pro se’ problem should be to reduce the incidence and prevalence of ‘pro se’ as a phenomenon in Maine family courts - “to move the “numbers needle” backwards”. To use a public health conceptualization, one might say ‘pro se’ is a growing epidemiological problem. What is the “epidemic” about, how is it spread over Maine’s “at risk” populations, who is vulnerable, what factors are causing it, what exacerbates its growth, what diminishes its growth and what “interventions” might well organized data suggest would be most effective? To that end, I suggest a sample of some very generic questions that an epidemiologist might ask before intervening in any epidemic.

WHAT IS THE NATURE OF MAINE’S FAMILY COURT ‘PRO SE’ PROBLEM? Beyond anecdote, who are the 74% of people who do ‘pro se’’ in Maine’s family courts? What sort of demographics do they represent? What ages, occupations, education levels, financial status, duration of marriage, number of children, geographic locations, previous marriages/relationships, health/mental health status?  What are the reasons that they are  doing ‘pro se’?  Financial reasons (examples)? Or other reasons?  All of these data would be useful tools in shaping rational problem-solving. Without such data, solving problems can only be based on anecdote, guess work, personal impressions, prejudice and bias. Bad information, as everyone knows, leads to bad answers!

DOES HAVING A LAWYER MAKE A DIFFERENCE IN OUTCOME OF DIVORCE AND CUSTODY? What is the statistical record for various types of outcomes for ‘pro se’ litigants? How do things go when one party has a lawyer and the other doesn’t? What factors favor what outcome when both parties have a lawyer? Are there statistics for law firms and lawyers showing records of wins and losses? How do ‘pro se’’, lawyers, and judges view the contest?

HOW DO ‘PRO SE’ LITIGANTS FEEL ABOUT THEIR COURT EXPERIENCE? Were they helped to do pre-court paperwork? Was the help that they received effective or was it confusing? Did they get help or coaching before going to court? From what kinds of helping sources? How do ‘pro se’ litigants feel about their courtroom experience?  Were they put at ease by the judge? Were they treated respectfully? Did they encounter judicial hostility or overt rejection? Were they listened to? How did they handle evidentiary challenges (“object, object, object!”) from opposing counsel? Were they included in all conferences and administrative issues? Did they feel that they received treatment in court equal to opposing counsel (if there was one)? Do they have ideas for simplifying the process for making it less time consuming, fairer and with happier resolution? How were they and their children impacted by the personal stress of the  ‘pro se’ experience and its  aftermath?

HOW DO FAMILY COURT JUDGES FEEL ABOUT THEIR EXPERIENCE WITH ‘PRO SE’ LITIGANTS? What kinds of problems do they experience? What impact does ‘pro se’ have on courtroom procedures and process? What are the biggest challenges in this situation for judges? What would they suggest to solve some of the problems associated with ‘pro se’? Do they have suggestions that might diminish the incidence of ‘pro se’ ?

HOW DOES THE DIVORCE BAR SEE THE ‘PRO SE’ PROBLEM? Does everyone in a divorce and custody situation need a lawyer? What type of cases may not need a lawyer?  What about pre-court legal “coaching”? What about paraprofessional lawyers? What about defining custody as 50-50 in all cases- except proven abuse? What other ideas? What about disincentives for lawyers? What about fee caps on all cases, or needing certification from a judge to bill beyond a certain $$ figure?

Please, do not take the preceding paragraphs as any sort of concrete proposal. The remarks above are offered only as possible examples of epidemiological data for use in a very classic, rational problem solving process. The questions are more to get a conversation about planning going- or to say, we don’t want to go there, because...

To my thinking, all three branches of government should be involved in any such a conversation leading to a plan for action. The core issue at the heart of the ‘pro se’ problem problem is about how we are to treat Maine families and children in the throes of divorce and custody. It is a question about the well being of a  sub-population of huge importance to the future of Maine. Interest in the topic goes way beyond the interest and practices of one branch of government and one profession. Ideally all three branches of government should work on the issue and should sponsor the supportive legislation to enable the work. As to the question of who might  best do such a study or variations thereof in the interest of the public, my vote would be for OPEGA; others might have other choices. My personal aim would be to eliminate the dominance of “special interests” of stake holders from the “divorce industry”, who have been the dominant players heretofore. They don’t represent the people.

I hope this gives a bit more flesh on the bare bones we discussed on Wednesday? It is still skeletal!  It is just a beginning of a much needed larger conversation.

Thanks for your time, your always valuable perspective and your in depth knowledge of the Judicial Branch - and Maine government.

Sincerely,

Jerry Collins

CC: MeGALert

If you have had a bad experience in the Family Court systems or with a Guardian ad litem. Please contact us at MeGALalert@gmail.com or find us on Facebook.

What Would You Do if You Were A Guardian ad litem?

Imagine you are a Guardian ad litem tasked with making a recommendation on a case and you have the following to deal with:

One member has just accused the other of molesting the child of this divorcing family. You recommend that the accused has only supervised visits with this child. The Family Court Judge backs up your recommendation.

But there is a twist

You see the accused has another child with another partner. What do you do?

1. You do nothing - that child is not a party to the divorce.
2. You recommend that the accused parent can only have supervised contact with both children because that parent poses a threat to both of them.
3. You have Child Protective Services come in and determine whether or not the accused is really a threat.

Tell us what you would do - Either add a comment here or click this link which opens up in a new TAB or window.

The results will be published on Monday 7/8/2014

According to Family Court - Field Trip to Bar Late at Night is Good for Child

File this under lack of Common Sense within the Family Court System -

As a parent if your four year old child came to you and told you she was scared of being in a situation your ex put her in what would you do? If your child was taken to an adult environment, a bar, late at night where there was loud music, alcohol and intoxicated adults involved. What would you do?  Would it make a difference if you were involved in a divorce and custody battle? It might.

Most parents would try to take some kind of protective action for their child. If a Guardian ad litem was involved – you would complain to them; after all, that is what they are put in place for. Clearly a child (no matter what the age) being put into an inappropriate adult situation is not in the child’s best interest. Nor does the child feel emotionally safe in these situations. Common sense would dictate that this child (or any child) should be protected and removed from this situation or environment.

The child in question told her father that she felt scared being in the bars to which she was taken by her mother. She witnessed fights and yelling, and her mom's boyfriend being pushed around. “Bad words” were often being said between people. When the father brought this to the Guardian ad litem's attention (the person who is supposed to be looking out for the best interest of this child) – the Guardian ad litem stated that the father simply did not trust that his four year old daughter was in good hands. The father, concerned for his daughters safety, continued to make his point and express his concern. His concern was not taken seriously by the Guardian ad litem. Instead of investigating whether or not the situation of a child’s late night visit to bars was good for the child, this Guardian ad litem continued to blame the father for trying to cause trouble.

How are we to believe, as this Guardian ad litem and the Judge would seem to be doing, that this little girl's 'best interest' was served by late night visits to bars that she found frightening? What about the child's emotional  safety? Is this kind of place a good moral environment for children? To say the least of what this child is learning from the experience? We would say that common sense was not used by the child’s mother nor by the Guardian ad litem for that matter. Sadly, this type of poor judgment is frequently seen with quite a number of Guardians ad litem in the State of Ohio. Examples like this are the reason why there is now - and has been - a very real need for Guardian ad litem and Family Court reform.

NationalGALert is a grassroots organization dedicated to supporting parents who have been abused by the family court system. In addition we educate and promote reform through legislation - both here in Ohio as well as nationally. We would encourage you to contact us at NationalGALalert@gmail.com and tell us your story. In addition we may be found on Facebook.

The Power of the Powerless - 2012 by NationalGALert

Family Court Survey - We want your opinion regarding the experience you had in Family Court.

A Basic Tool Kit for Grass Roots Family Court Reform

We have been asked by many people how we got MeGALalert, our Family Court and Guardian ad litem reform program, started and what beginning grassroots activists should do to get going?  We grew our program, MeGALalert by stages and degrees, learning by trial and error as we grew.  We quickly set two fixed goals: (1) education of the public about the need for reform of family courts and Guardians ad litem, and (2) legislation to produce change.  We feel that you can’t have legislated change for these dysfunctional systems without an enlightened, aware public that will support and push for change.  Legislation also requires that we  educate legislators about the family court and Guardian ad litem problems, and also that we help voters connect with legislators and- as constituents/voters - express their views and their wishes. Family court systems  are not anything that can be “fixed” quickly, because there are huge systemic problems and powerful internal forces that support  the dysfunction of family courts, and that keep dysfunction alive, well and growing. Long ago, we were instructed by one sophisticated  lawyer: “Follow the money!”

What we are outlining is a well planned systems intervention in a massive system, and it cannot be done quickly or without a well designed strategy and tactics, nor can these be effective without tools for intervention in all parts of the system.  Obviously, this is a complex undertaking.  We are always glad to share our thoughts and our approach, but to do so would take more than a simple, single blog posting.  We’ll start by giving a brief list of important generic systems intervention “must have”  “tools” that you may find useful in changing family court systems:

1. A blog or two (or more) with different focuses that will serve multiple purposes: give news, present issues and problems, make proposals for change and allow for public "conversations".

2. A Facebook page dedicated to court reform in your state, which can present more short-term "reform news" and sharing.

3. Building a base of credible political supporters, larger numbers of both friends and “victims” of the family court system.  E-mail addresses (and list-servs) for this group are critical, precious, invaluable .  One rule to follow: ALWAYS BLIND COPY (bcc)  MASS MAILINGS FOR PRIVACY).  Telephone numbers and physical addresses are useful also.  We started with our family court story (disaster) in a local weekly paper that got the attention of other family court “victims” who contacted us - and the rest is history as the numbers grew and grew.

4. Once you get stared, a core group of friends with a "work ethic", who can be counted on to help with some of the "heavy lifting".  Volunteer manpower, which can stay on top of what's happening in state government that may impact on users of family courts.

5. Getting to know your State Rep and State Senator and continuously educating them on the court reform issues is critical.  Getting to know other legislators, especially those who have gone through divorce and custody horrors.  “Victims” of family courts in the legislature are “golden”.  You also need to know which legislators are your enemies and “frenemies” , Which legislators will sabotage your efforts and support the ‘status quo’?  HINT: look for legislators who are lawyers!

6. Getting to know your state Governor and your Chief Justice.   Governors can submit bills and can veto bills, but they too need education.  Justices often want changes in the courts but they are constrained by their political base: the state bar and state lawyers who live handsomely off of family courts.  They hear appeals form family courts and their judgments become case law.

7. Building relations with the all elements of the media.  Know reporters, feed them stories.  Many court reporters are intimidated about journalistically challenging the courts and getting “shut out” of court news thereafter, but sometimes your news may tempt them out of timidity.  Small, local, weekly papers, we find, are most open to reporting our experience - and people do read them. Give them stories. This got us going. Don’t forget social media in all of its many forms.

8. Organize intimate, small showings of "Divorce Corp", the DVD, it is very educational, packs a punch and ought to be a "must see" for legislators and government decision makers.  It is a great “tool” for quick information and attitude change.

9. Make your most important goal: public education about the largely unknown scandal that is family courts in America. Without extensive education of the public you go nowhere.

10. Communicate, communicate, communicate. Keep everyone who writes to support you in the loop, up on the news - good and bad. Answer ALL e-mails asap.

11. Don't worry about money or setting up a nonprofit.  We've done it with no money and no corporation. Money and non-profits have their own problems and politics. We've done it with PEOPLE, who are FRIENDS. The most successful movement that produced massive political change was created by Vaclav Havel, former, Czech president, Nobel prize winner, writer and political dissident.

Finally, don't be discouraged by setbacks.  It is going to be a long term project. Family courts have solid support of a huge, wealthy industry ($50 billion), the “divorce industry”, these lawyers, like the “robber barons” of old, are not going to yield quickly or easily. But ... we have human and moral "right" on our side, and, once we connect, there are more of US than there are of THEM! Vaclav Havel called it “The power of the powerless”.

In the long run, if we keep at it , like others before us who fought injustice...

"WE SHALL OVERCOME ... SOMEDAY..."

MeGALalert can be reached by emailing us at MeGALalert@gmail.com or by finding us on Facebook. There is no magic bullet that can be used to help you with the issues you and your family are facing. We offer support and help in dealing with the family court system.