Tuesday, May 17, 2011

Press Release: HISTORIC CASE FILED IN THE US SUPREME COURT IN THE US SUPREME COURT IN WASHINGTON DC

May 6, 2011

In a landmark case, the Sacks v. Sacks case was accepted today at the US Supreme Court in Washington DC. Linda Marie Sacks, a Florida Mother was beaming, as she walked to hand deliver her 40 Petition for Certiorari, all wrapped in Red, White, and Blue American Flag ribbon. She said “This is an historic moment for all of America’s children and their “Protective Parents” who are not being protected by the “official avenues” who are supposed to protect them, judges, police and the Dept. of Family and Children. I am truly the all American Mom, and never did I ever imagine, that I could lose custody of my children for believing them and trying to protect. The Family Court system is giving pedophiles and batterers custody, and the safe, fit “protective parents” rights are terminated, or like me are placed on supervised visitation for years without a case plan or reunification plan”.

She is a pro se litigant, and many years ago was quoted in the Momlogic.com article that she had her sights on the US Supreme Court if the family court did not return her children to her, as they were “legally kidnapped in April 2007 by Judge Shawn L. Briese. His ruling was REVERSED and REMANDED in 08/08 due to her constitutional rights to due process being violated, but this rare reversal provided no relief as Judge Briese refused to vacate the supervised visitation order or protect the minor children.

The last time a case similar to this was presented was the Wendy Titelman case. Wendy wrote a book titled “A Mothers Journal” Let my Children Go! And it’s all about child placed in the custody of their abusive parent and the failure of Cobb County GA to protect her children. The book is included in the Sacks Cert Petition, on page 38 and it quotes Hon. Sol. Gothard when he says “the problems expressed in Wendy’s book are epidemic and widespread.

These types of case and outcomes are noted by the DOJ, and OVW, as well as national advocates and Mothers all over the US.

Sacks is only allowed to see her children for 2 hours a month at the local visitation center the 2nd and 4th Saturday for 1 hour. This has only amounted to 82 hours in 4years and 2months.

Sacks, is a “squeaky clean”, mom, and before the April 2007 ruling by Judge Briese, she was her daughter’s primary care giver, and a loving caring Mother, as well as their class mom, soccer mom, car pool Mom, community volunteer, with no drugs, no alcohol, no abuse, no infidelity, and she lost physical custody of her children, and all she did was try to protect them. The trial court dismissed, ignored, and suppresses credible evidence of child sexual and physical abuse.

The Fifth District Court of Appeals with Judge Evander, Judge Torphy and Judge Cohen, affirmed Judge Briese’s ruling and now this is an historical case being presented to the US Supreme Court. Her daughter’s teacher said “America better wake up, and you of all Mothers can lose custody, it can happen to anyone”. This crisis is noted by the Dept. of Justice.

Eric Holder, the US Attorney General, at the DOJ, Dept. of Justice is quoted on page 37 of the Sacks Petition for Certiorari, as she notes his speech to the National Summit on Domestic Violence and Child Maltreatment and asks the question, “Why are battered mothers losing custody of their children to the courts or child protective services”. (http://justice.gov/ag/speeches/2009/ag-speech-090602.html).

The Sacks case is a Justice for Children case and they advocate for children when “official avenues have failed to protect them”, judges, police, Department of Children and Family, (www.justiceforchildren.org)

The Leadership Council, states that 58,000 are court-ordered to live with a sexually or physically abusive parent after a divorce in the U.S. and considers this a “public health crisis” for America’s children.(www.leadershipcouncil.org) and is also included on page 24.

The CPPA, California Protective Parent Association, Connie Valentine and Karen Andersen, site case studies where a pattern is evident and have asked for Congressional Hearings to address this crisis.( www.protectiveparent.com) CPPA is on page 34 and 35 of the petition before the US Supreme Court.

On March 2, 2011, Peter Jamison from the SF Weekly published an article “ILLEGAL GUARDIANS” When Judges Give Custody To Abusive Parents the Family Court System is broken. This article documents child sexual abuse cases and the identified perpetrator/ pedophile will get Sole Physical Custody of the minor child(ren), and the safe protective parent, will be restricted to supervised visitation or all contact will be terminated. It’s on page 24 and 25 of the Cert as well. (sf.weekly.com) This national case clearly shows how fit parent’s all over the U.S. are being be deprived of a relationship with their children, and this case exposes the national crisis for America’s children who are victims of child sexual abuse and or physical abuse, and the failure of family courts to protect them.

This is a liberty right protected by the United States Constitution, for a parent-child relationship, but not protected by family courts or CPS all over the U.S.

The National Organization for Women, NOW and the NOW Ad Hoc Law Committee are addressing this issue and in their Spring 2011, “and explore what can happen to a protective mother and her children when she does nothing more than to protect her children”, as quoted on page 36 of the Petition for Certiorari.

The Petitioner, in the US Supreme Court case, Linda Marie Sacks, has been chosen as the “Poster Mother” of the Family Court Crisis, is interviewed for the article.(www.now.org) Click on the Family Law Spring Newsletter.

O Magazine, by Oprah, 10/06 article by Jan Goodwin, “Please Daddy No”, Stopping Court Ordered Parental Child Sexual Abuse is quoted on page 37. (www.jangoodwin.com/articles/pleasedaddyno.pdf)

Dr.Phil has also addressed this crisis on 04/14/10, “America’s Family Courts System Failing It’s Citizens”. (http://www.drphil.com/shows/show/1442/) and Sacks references this on page 37 in the case before the US Supreme Court.

This latest research is available in the book “Domestic Violence, Abuse and Child Custody, Legal Strategies and Policy Issues” by Editors: Dr. Mo Therese Hanna Ph.d and Barry Goldstein, J.D. and is included in the Sacks petition on page 34 (www.domesticviolenceabuseandchildcsutody.com)

Catherine Pierce, then Acting Director of the Office of Violence Against Women, in 2008 is quoted on page 12 and 13 of the Sacks Cert Petition, in her speech to the US Senate Committee on the Judiciary It was “The Importance of the Violence against Women Act”. Pierce states “the complicated issue of child custody presents another challenge involving the intersection of children and domestic violence. Battered women losing custody of the children is a serious and growing problem”. http://tinyurl.com/3qbx91c

In the Sacks case, the “Court appointed” psychologist, Dr. Deborah O. Day of Psychological Affiliates is quoted on page 5 as she stated “that it is this examiner’s opinion that this child is experiencing a significant mental health crisis, likely to pediatric bipolar, and therefore that negates any child sexual abuse”. Then she thwarted the investigation by the police department and DCF, Dept. of Children and Family. The child never had pediatric bipolar, but yet Dr. Day falsely labeled her, and provided false and misleading information to the court, and failed to protect the minor children.

Linda Marie’s daughter in April 2007, said “Mommy fight for us, and do something every day to get us back, and don’t ever stop”. This Florida Mother has kept her promise to her daughter’s and now is speaking on behalf of America’s children and their “protective parents”.

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