Friday, August 9, 2019

Still advocating for protective mothers

Future articles on this topic will be posted HERE

Saturday, May 3, 2014

Protect Florida parents who face loss of their children to foreign custody judgments


This week, the Florida state legislature passed SB 386, a bill supported by ACT! For America that will help protect Floridians from foreign law that is inconsistent with American values, such as Islamic sharia law. 

There has been a great deal of mis- and disinformation about SB 386, so we wanted to set the record straight on what the bill accomplishes.

When hopefully signed into law by Governor Scott, the bill will:
  • Help protect Florida parents who face loss of their children to a foreign custody judgment;
  • Help protect spouses who face unfair foreign judgments of divorce, spousal support, or marital property distributions;
  • Help protect parents and spouses from marital contracts (including Islamic marital contracts often named mahrs) that would force decisions regarding child custody, spousal support and marital property distributions to be decided in foreign courts or under foreign law in American courts;
  • And, help protect parents and spouses from having disputes regarding child custody, spousal support and marital property distributions from being dismissed by Florida courts in favor of being decided in foreign courts.
Although American and Florida courts have held in the past that foreign law should not be applied when the foreign law offends public policy, this concept has not previously been strengthened by statute.  Further, under current Florida child custody statutes a judge can refuse to enforce a foreign custody judgment only “if the child custody law of a foreign country violates fundamental principles of human rights.”  Unfortunately, statements by the U.S. State Department suggest that “fundamental principles of human rights” should be interpreted more narrowly than how most Americans would interpret the phrase. SB 386 authorizes a Florida judge to refuse to enforce a foreign custody judgment under the much broader standard of whether the judgment offends the public policy of Florida.
Therefore, the most important effect of the change in the law in Florida would be to protect parents from losing their children to foreign custody decrees, which has happened before.  

For example, a Maryland appellate court, in Hosain v. Malik, enforced a Pakistani custody order, issued under a sharia rule granting sole custody to the father when the child reaches the age of seven, handing a little girl who was being cared for by her mother over to the father.
Further, a California appellate court, in In re Marriage of Malak, enforced a Lebanese custody decree granting custody to the husband, even though the trial court had found that the wife had been denied due process in Lebanon, and the Lebanese Islamic court did not base its ruling upon the best interests of the child. 

SB 386 grants Florida parents the ability to dissuade Florida courts from following such shocking rulings enforcing foreign sharia judgments, and thereby not lose their children to similar rulings.

Much has been made of the fact that the SB 386 applies to family law. From a practical standpoint, this represents no real difference when compared to American Laws for American Courts laws in other states, since 80% or more of cases in US state courts in which sharia has arisen involve family law disputes.

SB 386 is a significant step forward in protecting Florida’s court systems from the infiltration of sharia law and in protecting Florida’s citizenry from all offensive forms of foreign laws and foreign legal doctrines.

We should all urge Governor Scott to sign SB 386 into law as soon as possible.

http://www.actforamerica.org/index.php/component/content/article/2884

Tuesday, June 12, 2012

United Nations petition deadline for Protective Parents

Our Thanks to Connie Valentine of the CA Protective Parents Association for the following:


The UN is gathering information to identify emerging trends and patterns of injustice and discriminatory practices against women for purposes of policy formulation and development of strategies for the promotion of gender equality.  CA Protective Parents Association sent a letter to the UN regarding civil and human rights violations in family courts.

 Deadline for Petition: August 1, 2012

If you want to submit your case to the UN as an egregious example of human rights violations, please complete and send this template (copy and paste it into a Word document) with supporting document electronically to cp-csw@unwomen.org 
(or CSW Communications Procedure, Human Rights Section, UN Women, 220 East 42nd Street, 17th floor, New York, NY 10017).


  
TEMPLATE FOR SUBMISSION OF YOUR CASE TO UNITED NATIONS

Your Name: __________________________________________________________
Your Address: _____________________________________________________ (USA)
Your Email Address: ____________________________________________________
Your Phone Number: ________________
Your Family Court Number: ______________
Your Case: County: __________ State: ___________ USA
Your Family/Divorce Judge(s) Name(s): ______________________________________________________
Were you a victim of domestic violence or marital rape? _____
If yes, please describe the dates and circumstances of the violations, including your injuries, date(s) you were hospitalized or received medical attention:
Please include dates(s) you reported to law enforcement, and what happened as a result of the report(s):

Was there a lack of due diligence by law enforcement to adequately investigate, prosecute and punish the perpetrator(s)?____

Was there a stereotypical attitude towards the role and responsibilities of you as a woman by any professionals in your case? ___ If so, please describe:

Was there discrimination against you under immigration and nationality laws? ___If so, please describe:

Did your child report child physical and/or sexual abuse by her/his father? _____ If so, please describe, including age and gender of the child at the time of the report, specifically what crimes were reported, to whom and by whom, and what happened as a result of the report(s):

Were you advised by advocates or attorneys not to talk about the abuse because the government (family/divorce court) might give custody of the child to the abuser? ______If so, please explain:

Were government officials (court appointees, court employees, judge) told about sexual or physical abuse of the child?

Was your child then placed by the government (family/divorce court judge) with the identified perpetrator of physical and/or sexual abuse for unsupervised visits or full custody? _____
If yes, please describe the date(s) and circumstances:

Were you placed on supervised visits or ordered not to see your child at all? ___
If yes, please describe the date(s) and circumstances:

Were there unethical acts or due process violations in the case? ___ If yes, please describe:
  • You had no attorney when the father had an attorney
  • You were denied the ability to adequately present the case
  • There was no court reporter and no official video or audio tape of the hearing
  • Transcripts were denied, delayed, altered or lost
  • Derogatory remarks were made to you by officials
  • Ex parte communications occurred among professionals
  • Documents were not provided to you, or were provided close to the hearing
  • You or your supporters were ordered by the court not to talk about the case (a violation of the right to freedom of expression)
  • You were threatened or pressured not to file a complaint, or to withdraw a complaint about any of the government officials (appointed or employed) in the case
  • You experienced retaliation
  • Other ___________
Did you go into hiding to protect your child from child molest or battery when the court refused to do so? ___
If yes, were you found and arrested? ___
If yes, how long were you incarcerated and what was the outcome of your trial?
Was your child then placed in the custody of the father who was accused of child molest or battery?


4. Send a letter to the editor of your local paper. Have a friend submit the article for you, if you fear judicial retaliation.

Letter to the Enterprise-Record/Mercury-Register Tuesday, May 8, 2012
Changes needed in family law court
A recently released decision of the Inter-American Commission on Human Rights found the United States in violation of human rights due to its biased treatment of women and children, and its failure to provide them with meaningful protection from domestic violence.
This has brought about recent meetings of the Administrative Office of the Courts and California Protective Parents Association along with the Center for Judicial Excellence. As this problem is severe in Butte County, we need the changes here now.
We need the judges to order the restraining orders and the police to protect when called. The police need to write the reports so the district attorney can investigate. Not doing so tells the abusers it's all right to abuse.
Children being murdered is on the rise in the U.S. due to abusers having custody.
Protective parents are labeled "parental alienators" and punished by the courts for their appropriate protective efforts. We need videotaping in family law courts now.
Child attorneys are being sued by young adults for not taking action when told the abuse was happening. Profit was more important.
And to stop the use of minor's counsel as unqualified, they lack degrees in child development and psychology; their recommendations to the court are erroneous.
Each year, 58,000 children are placed at risk for injury because the courts ordered them into unsupervised care of an abusive parent.
See the groups named DVLEAP Custody and Abuse Project, Justice for Children, Stoop Family Violence and the Leadership Council on Child Abuse.
Vickie Van Scyoc, Paradise, CA


MEDIA

Inter-American Commission on Human Rights
Jessicas Lenahan (Gonzale) story of human rights violations

Radio show with Garland Waller and Holly Collins

Lawless America movie update
http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=115884&cmd=tc

Excellent articles

Damon's story

Safe Kids International website


Website that helps explain HHS programs that endanger children

Top 5 HHS Programs Endangering Children May 2012


Youtube on why the legal system doesn't work

Monday, April 23, 2012

African American child denied protection because she has a white father



Below is a copy of a letter mailed to the President today:

Dear President Obama,

I am writing to ask you to intervene on behalf of Ariana-Leilani, an African-American, German-American child who resides in Washington, D.C., and is being denied medical treatment for Severe Chronic Neutropenia. She has been diagnosed with this potentially fatal disease but to date has received no treatment for it. 

An excerpt taken from Case 1:11-cv-01124-JSG Document 24 Filed 04/13/12 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Civil Action No. 1:11-cv-001124-JSG to the Honorable Judge James S. Gwin, states that:

3. To date, ALMA has not received independent medical and psychological examinations, as requested by the German Government through the German Embassy for its’ child citizen, ALMA, to determine the underlying cause of ALMA’s life threatening Severe Chronic Neutropenia.

4. To date, ALMA has not received the recommended treatment of GCSF medicine that boosts the immunity of a person suffering from Severe Chronic Neutropenia, leaving her unnecessarily vulnerable to clandestine common infection, which can kill its victims within hours sometimes with little or no typical outward warning symptoms.

5. During the course of her four years of unnecessarily suffering with Severe Chronic Neutropenia, ALMA has endured lesions, infections, gingivitis, periodontal disease, loss of teeth, wetting accident during the day and at night, delayed development, and Post Traumatic Stress Disorder, which all can be attributed to the diagnosed but untreated Severe Chronic Neutropenia and/or untreated Post Traumatic Stress Disorder (PTSD).

29. ALMA’s father is a Caucasian German Citizen living and working in the US as a neurologist for the United States Veterans Affairs Hospital in the District of Columbia on a marriage visa that expires in 2012. ALMA’s father formerly worked at Medstar Health Georgetown University Hospital. ALMA’s Mother and the ALMA’s father remain married, but estranged and living apart. There is now a divorce proceeding pending in Bayreuth, Germany, where incidental issues, thereto, related to ALMA has been raised. There are no custody orders registered or entered in the District of Columbia, or in Germany, leaving both parents with joint rights in the District of Columbia. ALMA’s Father refused to cooperate when requested by the German Embassy in getting the ALMA free medicine to boost her immunity (“GCSF” aka “neupogen”), and a full independent medical and psychological
examination.

80. Defendant DC has discriminated against ALMA’s Mother, who is African-American, in favor of Plaintiff’s Child’s father, who is Caucasian.


In 2010, The German Embassy sent a request to have this child independently tested and to receive medication, but, to date, the father still refuses to allow it, and the Office of Children's issues, U.S. Department of State has not responded favorably to acting on this child’s behalf.

Following is a copy of the letter from the German Embassy sent on August 12, 2010, in regards to Ariana-Leilani:

Ariana-Leilani Margarita Alexandra KING-PFEIFFER
Ref. No, {please cite in response): RK 520, SE King-Pfeiffer

Washington, D.C., August 17, 20I0

Dear Mr. Regan,
Please allow me to bring to your attention and seek your assistance in the case of seven year old Ariana-Leilani KING-PFEIFFER, a child with dual German and American citizenship. She is living with her father, the German national, Dr. Michael Pfeiffer, in Washington, D,C. Her mother, Dr. Ariel King, a U.S. citizen, lives in Germany.

Earlier this year, the NOO Innocence in Danger International has brought serious concerns about possible medical mistreatment and possible sexual abuse of the child by the father to the attention of the Embassy. The concerns related to medical mistreatment, based on the child's extensive medical and school records, and were supported by physicians of the Severe Chronic Neutropenia International Registry and the German NGO Avalon.

The German Embassy so far has had no direct access to the child nor to information from an independent source. As of today, the Embassy has received documentation on the child's case consisting of medical test records from George Washington University Hospital (GWUH), opinions and school health records. Unfortunately, without the consent of the father, who has sole custody, the Embassy has no way of verifying the status of the chiId or the information it has been given.

In any event, the allegations are of such a serious nature that we feel that a fully independent medical examination of the child should be ordered by the competent U.S. authorities. A divorce and custody case is currently pending in Bayreuth, Germany. The mother claims that the father refuses to agree to allow her, or anyone acting on her behalf; to have direct contact with her child, the child's sole treating physician at GWUH, and GWUH itself. The mother is represented by Mr. Roy L. Morris, Esq., Arlington, VA. The father is represented by Mr. Sean W. O'Connell, Arlington, VA.

GWUH health records, which were forwarded to the Embassy, state that the child suffers from Severe Chronic Neutropenia, a medical condition which consists of severely low immunity levels over an extended period of time that leave the child vulnerable to potentially fatal infections.

The Embassy was also provided with opinions from international experts in the field of pediatric hematology who expressed serious concerns for the child's safety. In the opinion of these experts there is a lack of a thorough evaluation of the cause of the medical condition of the child and a lack of an appropriate treatment with a rnedical drug called GCSF which boosts immunity to more normal levels. However, these medical experts have not yet had the possibility to examine the child in person.

The mother believes that the medical condition of the child could have been induced by the administration of a particular psychotropic drug. According to her, the sole treating physician's reports are biased because he is an associate of Dr. Pfeiffer at GWUH, and his reports show inconsistencies with regard to the medical tests and school reports.

The Embassy was informed that Dr. Pfeiffer has been working at GWUH as a physician until 2008. Reportedly he is currently working for the Veteran's Administration Hospital in Washington, D.C.

The report from a guardian ad litem in a past child custody case notes that the child purportedly lives in a one-bedroom apartment with her father. The representative of the mother, Mr. Morris, forwarded documents which include a statement of a clinical psychologist from Maryland who, based on medical records, interviews of the mother, and other documentation, utters her professional opinion in writing that the child Ariana-Leilani " ... continues to be at risk in her current environment of both physical and medical neglect, and likely sexual abuse."

The German Embassy has a legal obligation under Art. 5 of the German Consular Act to support German citizens in need of assistance. A written proposal from the Embassy dated March 30, 2010, to let the child undergo a full independent medical examination on a voluntary basis -- and which costs the mother's health insurance in Germany would cover – has been declined by the father's lawyer, Mr. O'Connell.

So far, the father has refused to communicate with the Embassy directly.

The possibilities of the Embassy are limited to voluntary cooperation and have been exhausted.
The German Embassy would therefore be grateful if the Department of State could take up this matter in order to obtain an independent medical examination of Ariana-Leilani King-Pfeiffer. Once her true health status is clarified, optimal medical care for her seemingly serious medical condition can be ensured.

If you have questions in this matter please do not hesitate to contact me. I am including a list
of points of contact, and a copy of a letter from the University of Washington, Department of Medicine, in this matter for your information.

With many thanks for your support.
Sincerely Yours
Klaus Botzet


Mr. Regan offered no support to either Klaus Botzet or to Ariana-LeIlani. 

Mr. President, my family has served this country for generations. I am the daughter and granddaughter of soldiers, and now the mother of one veteran and one son actively serving in Germany. My Father served this country with valor, was awarded a Purple Heart and a Silver Star, and was buried—In the ground—In Arlington National Cemetery with full military honors in August of 2009. I am proud to possess a document signed by you honoring the memory of my father, expressing gratitude for his service. I appeal to you as my President, as Ariana-Leilani’s President, and as a father to use your influence to help this child.

I thank you for your support in this matter.

Sincerely Yours

Jocelyn Andersen


Additional message to readers: Please sign Ariana-Leilani's petition and consider writing a short follow-up letter to the President  

The petition site is: http://www.ariana-leilani.com 


President Barack Obama
The White House
1600 Pennsylvania Avenue NW
Washington, DC 20500

Monday, October 17, 2011

Jocelyn Andersen: We Just Lost Ground

Jocelyn Andersen: We Just Lost Ground: I am outraged that Kansas would repeal laws to protect women from aggravated assault at the hands of husbands and boyfriends. Women have fou...

Sunday, September 25, 2011

Could Judge Peter McBrien Have Prevented Madeline's Murder?

Controversial Judge at the Center of A Tragic Death: Citizens Protest

FOR IMMEDIATE RELEASE: September 18, 2011
CONTACT: Anne Hart 916-715-5243


Sacramento, CA - On Thursday, September 22, 2011, community members will hold a protest from 11:30 am to 1:00 pm at the Sacramento Superior Court, 720 9th Street, Sacramentoregarding the abject failure of Sacramento family court to protect children in custody disputes. The protest will begin on the corner of 9th and H Streets.

One judge, Sacramento Family Court Judge Peter McBrien, has been a focus of community scrutiny for over a decade for his lack of judgment and destructive decisions. He destroyed ancient oak trees on a nature preserve to obtain a better view from his home which earned him the moniker of "Chainsaw" and resulted in a felony charge that he pled down to a misdemeanor. Additionally, he received a public reprimand from the Commission on Judicial Performance. He then became personally embroiled in the divorce case of Ulf Carlsson, and went far out of his way to destroy Mr. Carlsson by ensuring he was fired from his job. Judge McBrien committed numerous ethical violations along the way and earned another reprimand. Battered mothers report that he consistently places children with substantiated molesters, batterers, violent alcoholics, and drug addicts. Now, Judge McBrien failed to protect a toddler, who was then murdered.

After a statewide AMBER Alert, two-year-old Madeline Layla Samaan-Fay was found near Placerville, CA in her father's vehicle. She and her father Mourad Samaan were both dead.

Samaan had a pattern of not returning his daughter Madeline from visits and had told her mother that he was taking the child to Oregon against the court order. Prior to the toddler's death, Judge McBrien had refused to grant an ex parte request by Madeline's mother to order law enforcement to locate the father and child, and to place Samaan on supervised visits. Judge McBrien had a perfect opportunity to prevent this tragedy, but refused to assist the mother Marcia Fay, a California Deputy Attorney General, in locating and protecting her child.

California judges have a pattern of not believing women and children, and are trained to minimize concerns of mothers, according to Judge DeAnn Salcide (Ret), founder of Judicial Action Watch Society. http://www.facebook.com/pages/Judicial-Action-Watch-Society/219653241395520

The United States has a pattern of not protecting women and children. The Inter-American Commission on Human Rights has sharply rebuked the United States for failing to protect women and children in the Gonzalez v. United States decision in August 2011, stating that the U.S. practices discrimination and violation of the right to equality.

http://www.cidh.oas.org/Comunicados/English/2011/92-11eng.htm











We can begin changing these destructive patterns by demanding that Judge McBrien be removed from family court and from any position that gives him authority over vulnerable children.



###

Thursday, August 4, 2011

ERA for Protective Moms: Time to Shape Up!

On January 21, 2012 I will be running in the Warrior Dash in support of the Equal Rights Amendment.

I can think of no group that is more in need of an equal rights amendment than that of protective mothers.

The proposed amendment simply reads "Equality of rights under the law shall not be denied or abridged by the United States or by any state, on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. This amendment shall take effect two years after the date of ratification."

Barry Goldstein stated in his Times  article that 40 states have determined that gender bias exists in their family court systems and are attempting to address the problem. An Equal Rights Amendment would not be a quick fix but would demand that laws be passed to stop this illegal discrimination against women, and by extension against children, in our family court systems.

The Warrior Dash is described as a 3.2 mile race from hell, a physical challenge to say the least, and I am out of shape. 55 years old and out of shape.

But it is time to shape up.

For all of us.

Most of us have allowed ERA to become what many would call an outdated issue. But it is not. It was and remains a vitally important issue. House Joint Resolution 47 was introduced on March 8, 2011 to remove the arbitrary time limit Congress imposed on the ratification of ERA.

America is just three states away from ratifying an amendment that would guarantee Constitutional equality for all of its citizens, not just its male citizens.  Please support this.

By all means, sign the petition , but don't stop there. Talk about it, blog about it. Link to this article on your websites. Write to your politicians. Find things to do that will draw media and public attention to, and hopefully garner support for, the Equal Rights Amendment. That is why I am running in the Warrior Dash, a physical challenge I am painfully discovering that I am in no shape for at this present time. But that can and will change! And so can our awareness of the need for ERA be heightened. And so can our fitness to support ERA be improved. And so can our capabilities to raise awareness of the need for an Equal Rights Amendment be developed and enhanced.

It is time to let those who are in positions to extend the time limit and even ratify the amendment know that we not only support the Equal Rights Amendment, but that we will not continue to support those who continue to deny women constitutional equality.