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Less Law / Less Interference / Less Talk -- Is More.
From: John Murtari (jmurtari@kids-right.org)
This is a message from a mailing list, members@kids-right.org Unsubscribe instructions at bottom of message. ====================================================================== Good People & People of Faith, This is more of a personal message. Many of us would really like to see Congressional Hearings into reform starting this Fall. The first step to making change finally happen. I really think it's possible and would give many of us a chance to appear "before the nation" and explain how our rights to "family" have not been protected. A new start in American History -- the recognition and protection of the parent/child bond. Probably the last to be officially recognized, but the most important of our "civil rights." What makes something a "civil right" or a "human right"? It's not from a law, or from a Judge, or the state of Mississippi. It is you. The Declaration of Independence: "We hold these truths to be self evident..." I hope you'll have time to read some of the related items below. We have been looking for the participation of Moms and Dads willing to visit Members of Congress prior to Father's day. The response so far, ZERO. http://www.AKidsRight.Org/dad2002 The rest of this message has thoughts on: 1. Less Law / Less Interference - Protection of Family Rights 2. Protection of Jury trial 3. Current News & Your Participation - make a big difference. 4. Trip to Washington - less talk is more! As always, your feedback will be shared with others. 1. Less Law / Less Interference - Protection of Family Rights ------------------------------------------------------------- The idea of a Family Rights Act bothers some people who don't want "more government interference." Many Members of Congress don't want to interfere with "state's rights." Here is an analogy which may make the goal a bit clearer and one that has been effective when speaking with staff members. "Right now every state has their own criminal code and rules, they were all developed independently. But, no matter what state you live in, when you are charged with a serious crime: You have the right to an attorney, a strong presumption of innocence, and the protection of Jury. This is because you are a citizen of the United States and those are minimum standards." "In the last 40 years there has been an explosion of Family Law in all 50 states with very little thought to protections. We never realized that being a parent and being able to nurture your own child is one of our most valuable civil rights. Certainly as valuable as the freedom we protect from criminal prosecution?" "There is a Constitutional Lawyer, Mr. Chester Darling, who has argued and WON cases before the US Supreme Court who holds similar feelings and would be happy to testify before Congress to that effect. We would like our Member of Congress to make a public statement calling for Congressional Hearings into reform." http://www.julyfourth.net/ - more on Mr. Chester Darling. 2. Protection of Jury Trial -------------------------- To make it simple and avoid adding new processes and procedures to the existing "family courts." We just make one "protective presumption." Before a judge can interfere with your relationship with your child. Whether that is equal time after a Divorce or protection from Child Protective Service - the local DA has to be ready to indict you and prosecute you for being a demonstrated threat to the safety of your child -- and get a unanimous verdict from a Jury. This is NOT about being the better parent or a perfect parent or about what "might happen" in the future. Similar to criminal prosecution, where being held in jail without bail triggers "speedy trial." If the Judge feels they need to issue a "temporary order" to separate you or limit contact between you and your child -- you get "speedy trial" on the issues. REMEMBER -- these are not required of you. Just like the criminal system you can waive your rights or make any other type of agreement. But now, like the criminal system, parents will be able to negotiate as "equals." Many of us want mediation -- it works a lot better when both sides are equals. Many people still think this battle can be won by changing state laws or by "hitting a home run" in a big court case. I just don't know. There are some example new laws that talk about a "rebuttable presumption of joint custody", "clear and convincing evidence", and "limitations on the power of social services..." I welcome your feedback on this, but I have a strong feeling that without the "protection of a jury" and "proof beyond a reasonable doubt" -- we will not have changed things very much. That is one procedural change you will never see come from a Court decision, NO Judge wants to have a jury looking over their shoulder (and many of them feel they have a "judicial right" to interfere in family life). The concept of "Jury" came from the people as a protection from overreaching government. It is the "quality control" step for our judicial system and which is sorely missing from Family Law. It is something we can achieve through our Members of Congress or by potentially amending the Constitution (in case a High Court decides to overturn such legislation as interfering with judicial powers). 2. Current News & Your Participation - make a big difference. ------------------------------------------------------------- Today I will be on the phone, following up with the staffs of people we visited with before Mother's day: 1. Senator Specter - Pennsylvania. 2. Senator Edwards - North Carolina. 3. Senator Schumer - New York 4. Senator Clinton - New York 5. Senator Rockefeller - West Virginia 6. Senator Byrd - West Virginia 7. Congressman Hinchey - New York 8. Congressman Walsh - New York I will simply be asking them what their response was to our petitions for reform. Next week, I'd like to be able to call them back and say we have some people/groups from YOUR state who would like to talk to you about the need for reform....can we schedule another meeting? It would be very important to have some people from their home state at the meetings. Can you come? Please let me know. If you haven't had the chance to read the 'best' biography of Martin Luther King ("Let the Trumpet Sound" by Oates), I highly recommend it. I'd also recommend the Oates biography of Abraham Lincoln, "With Malice Toward None." You might also want to consider a great Biography of Ulysses S. Grant, "Grant" by Jean Smith -- or how about "Patriarch: George Washington and the New American Nation" by Smith Norton. One hates to speak with too broad a language, but they all had a lot in common. They were NOT perfect. They suffered a LOT of setbacks. Many were considered TOO naive for the jobs. But they all kept trying and certainly did their jobs in good faith and to the best of their abilities. One might find the greatest turnaround in the life of U.S. Grant, a West Point graduate who had reached the rank of Captain in an Army Career he loved, developed a problem with drinking and was forced to resign his commission. He made numerous business attempts which were all failures and could barely support his family. In a town where people knew him, he was reduced to having to chop wood and pull it into town, selling it for firewood. He kept his good humor and his dignity through it all, and eventually returned to the Army and a very good career both as General and President. . 4. Trip to Washington - less talk is more! ------------------------------------------ I would like to share my thoughts on talking to Members of Congress. Like many of you, I was initially disappointed by the short amount of time we had to talk to Congressional aids (15-30 minutes). I was disappointed by the realization that most of them had not prepared at all for their meetings with us. I was disappointed that most of them would probably not read much of the material we had left for them. It bothered me for a while and then I grew calm. I realized that in the future only 5-10 minutes would really be necessary for now (because they aren't really engaged in listening to us, the issue isn't important to them right now -- probably the same way that Family Law reform wasn't important to many of us till we got caught in the system). I thought about this question: How many of us think the sheer multiplication of words is going to restore our right to be parents to our children? In human history, how many times has the sheer multiplication of words (made much, much easier now by cut & paste and the Internet), every gained a people their rights? Obviously today we remember Martin Luther King, Gandhi, and Jesus Christ -- not for what they said, but for what they did, and for what others did that followed them. They didn't just talk about what they believed in, they personally sacrificed for it. Please don't get me wrong, the words are important, the Word is important -- but until it turns into action (or as the poet would say, "until the word descends to the earth and takes on flesh"), it remains just a word. The aid of Senator Arlen Specter of Pennsylvania (a senior member of the Senate Judiciary Committee) didn't have a lot of time to spend with us. The Senator himself was kind enough to introduce himself and say hello, but that was all he had time for. What are they waiting for? NonViolent Action. People who are demonstrating they are willing to sacrifice for what they believe in. Who don't even know with certainty they will achieve their goal. http://www.AKidsRight.Org/civil_back.htm ================================================================== To unsubscribe from this list at anytime, send email to Majordomo@kids-right.org with the following 1 line in the BODY of the message (Subject is ignored). unsubscribe members
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