Frequently Asked Questions (updated 02-02-17):
This page will continue to expand if and as needed to try and help clarify and answer yet even more common questions that might develop, and to also continue helping to explain the overall CAPRA Membership and class action lawsuit process in more detail.
Below is currently provided strong listing in much various detailed information to help provide you with necessary knowledge and understanding of the entire action process, but you are also highly encouraged to thoroughly review all the webpages on this site:
What is needed for the CAPRA class action to be filed?
The necessary "legal standing" over all the 50 States and Commonwealths (in order to actually sue all 50 of them) will be established by/through the CAPRA Association when the fifty-six (56) upper CAPRA leadership slots are taken by Members who successfully recruited enough referral credits under their own respective Code numbers (geography and gender also apply). Hence, with proper legal standing established the class action can finally be filed in Washington DC within no more than ten (10) business days later.
Every CAPRA Member is urged to quickly become a higher leader by simply obtaining more referral credits under their own Code number. A wealth of recruitment promos have been made freely available to every CAPRA Member on the Get The Gear page.
Who is eligible to join into CAPRA?
While every supporter is warmly welcomed, of course, only natural parents are eligible to join the Association "pass-through" legal entity Plaintiff, because this class action is all about the constitutional child custody rights of natural parents (biological parents).
If your personal victimization happened through CPS (child protection services), then it's all pretty cut and dried: If you are a natural parent, and your CPS case was active anytime within about the past five (5) years, or even as is currently active, whichever, and involved one or more CPS social workers instigating an official *court case* action over your parental rights (regardless whether one or more children were ever removed permanently or "just" temporarily), you are eligible to join CAPRA and can also expect federal court victory for your child custody restored for the state's lack of due process.
If your personal victimization happened by being treated as a so-called "noncustodial" parent (i.e., custody, support, and visitation between two parents), without the state ever first proving you as seriously unfit by near-criminal due process level procedures, then you are eligible *regardless* of when that "custody" was prior "decided" as long as anytime within about the past five (5) years, and/or even still currently, whichever, your parental rights were being treated unequally based on that unconstitutional child custody "determination" in any/all of the three (3) usual ways: less than 50/50 equal legal custody, less than 50/50 equal physical custody, less than 50/50 equal parenting time ("visitation"), and/or ordered to pay "child support" of any regular amount (even just a single penny per year), then you are eligible to join CAPRA and can also expect federal court victory for your child custody restored for the state's lack of due process.
Even if you "agreed" to any of the victimization (agreed to participate in a CPS "safety plan") (agreed to let the other parent have "primary" custody and so forth), but if that same court failed to advise you that you already had full child custody rights, and that the state was not allowed to interfere with your superior rights to your own flesh-and-blood without first alleging - and then also proving - very serious parental unfitness on your part, then you were defrauded out of your constitutional rights without that basic due process (full advisement by the court itself), and so you are eligible to join CAPRA.
When we win, what exactly do *I* win?
Review this website, and you'll already know that we will certainly win, as the sheer unconstitutionality of the current "family court" systems is all too painfully obvious.
After 40+ years of this unlawful lunacy, pretty much every single person in America has been affected, either directly, and/or indirectly because of victimization of one or more of your family members. However, to answer the basic question, when CAPRA finally wins this class action lawsuit, as a Member of CAPRA you will win the following:
Naturally, the first victory described just above (i.e., various federal court declaratory and injunctive relief) will also apply for the millions of "similarly situated" class action plaintiffs out there in America, but the next three will apply only to Members of CAPRA.
The above is more fully explained as a declaration (order) from the federal court that the unlawful deprivations of child custodial rights from all registered CAPRA plaintiffs are void, hence fully restoring the prior legal and physical child custody of all CAPRA registered plaintiffs who qualified and joined (join now?). This legal ability to directly restore fundamental rights is because of the legal nature in swearing under penalty of perjury that each such parent is actually qualified to receive all such relief. Further, all of those other millions of "similarly situated" parents out there in America will be able to use this same declaratory relief ordered by the federal court, and proceed back to their respective family courts (using an attorney of their choice if and as needed), to go through the process for essentially the same guaranteed results. The difference is only that those other millions of parents were not already in this class action lawsuit, formally, by swearing their own qualifications to receive relief under penalty of perjury.
Class Action Lawsuit Topics
This legal action is NOT about your own personal family court case(s), nor any of your own particular several or dozens of personal case history issues. This lawsuit focuses basically upon and then exclusively targets the overall state-run family court systems, themselves, as well as also including those various federal funding programs involved.
This is all about a class action lawsuit, which by definition MUST be only about issues that are COMMON to all existing and proposed class action plaintiffs (i.e., "existing" = every Member of CAPRA, and "proposed" = all other "similarly situated" family court victims out there). And clarifying even once again, this is all about the superior child custody rights of natural/biological parents, NOT anything at all about adoptive or foster parents, grandparents, or any other types of family members (except, of course, implicit inclusion of the affected minor children of all these millions of unconstitutional family court cases). ALL of the qualifying parents who register and join as Members of CAPRA, and ALL of the other millions of similarly situated parental family court victims out there, have ALL been unlawfully victimized in one extremely important, COMMON aspect, which is that every single one has been unlawfully robbed of their pre-existing child custody rights, due to two primary reasons: (1) state court officers, i.e., judges and attorneys, who do not even typically obey the written laws, the U.S. Constitution, nor even the equivalent provisions of their own corresponding state Constitutions, let alone their own ethics rules and duties; and (2), all those fraudulent carrot-and-stick federal funding programs that pretty much cause the vast majority of this injustice.
Indeed, it is all basically summarized as taxpayer-funded human trafficking, and that is precisely what our class action Complaint uses for the opening title, as you can see for yourself directly on the Complaint's cover page (first page), provided by this link (Note: For those of you familiar with filing lawsuits in the federal District of Columbia court, normally complaints include mailing addresses listed right within that opening "caption" where all plaintiffs and defendants are initially listed, but that actual Rule language is for residential addresses, and there are no residential addresses involved here, because all of the named parties are just various legal entities, i.e., not natural persons. However, those corresponding business addresses are included within the "Parties" section of the Complaint, and also upon the Civil Cover Sheet Attachment).
So-called "immunity" of the States/Commonwealths against our class action lawsuit is already a moot point for them. We're not in the least concerned with any attempted so-called "immunity" defense claims, because they ALL are already automatically and completely abrogated by express federal law, 42 USC 2000d-7(a), which commands:
(1) A State shall not be immune under the Eleventh Amendment of the Constitution of the United States from suit in Federal court for a violation of section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], title IX of the Education Amendments of 1972 [20 U.S.C. 1681 et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], title VI of the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], or the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance.
(2) In a suit against a State for a violation of a statute referred to in paragraph (1), remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in the suit against any public or private entity other than a State.
And so, you see, that last clause of (a)(1), "the provisions of any other Federal statute prohibiting discrimination by recipients of Federal financial assistance" means that ALL of the state court systems, and their "programs and activities" which are all at least partially funded by federal funding automatically waives all immunity for the 50 States and Commonwealths. In other words, because the family courts are at least partially federally funded, any discrimination by family courts (i.e., gender discrimination, class discrimination, racial discrimination, etc.) automatically waives all so-called immunity in a suit against them within federal court, and (a)(2) expressly then also provides for full availability of ALL remedies – "both at law and in equity" – against the States and Commonwealths, just exactly the same as are available against any other public or private entity... There is no immunity defense even available, whatsoever. We're not suing individual state actors, like individual judges. We are just directly suing States and Commonwealths, and they have no immunity in this case, period, per the above.
Class numerosity threshold is also already far beyond any question or dispute. In the "old" days, like 15+ years ago, it took only 40 persons/entities, already as named plaintiffs listed, to be considered and qualified/certified as the "Class" for purposes of a class action, whether or not those plaintiffs were *also* suing on behalf of all similarly situated persons/entities. In more recent years, the federal courts generally look for at least 100 persons/entities, already as named plaintiffs listed in the case, for those same purposes/threshold, whether or not those plaintiffs were *also* suing on behalf of all similarly situated persons/entities. Within our class action lawsuit, the primary named plaintiff listed, CAPRA, is already a duly recognized legal association of 51,764 natural persons directly victimized, AND is also suing on behalf of all other similarly situated persons out there, i.e., the several millions of other biological parents being victimized currently or within the last four years (i.e., within the relevant statute of limitations). In other words, even IF the federal court falsely ignored all of those other millions out there (who are most certainly equal class plaintiffs), we still will already have something on the order of 500X that current "100-ish" number of lead plaintiffs already in the suit as what it currently takes in federal courts to be certified as a Class, i.e., it’s *already* a Class, already in and of itself, and overwhelmingly so, even before the federal court considers all of the other proposed millions of putative class plaintiffs.
Jurisdiction is another topic that shouldn't even be questioned, truthfully, as it is also so straightforward and easy, that again, it's not even remotely a concern. The federal Constitution provides direct jurisdiction, 42 USC 1983 provides us direct and express statutory jurisdiction, the False Claims Act also provides direct and express statutory jurisdiction, federal question jurisdiction is expressly and routinely provided by 28 USC 1331, etc., etc., etc., and in fact, there are a variety of other federal statutes to use, a variety of federal case laws to use, and so forth and so on. It's not whether there is jurisdiction, it's only a question of just how many of the widely available jurisdictional routes do we wish to incorporate (and spend our time writing the language for within the lawsuit's Complaint). Jurisdiction is not even remotely any concern, whatsoever, other than just deciding which several of the many available routes/devices are used.
Legal standing is likewise absolutely no issue. Pretty close to the very same thing as jurisdiction, they are often tied directly together. Again, there are several available routes, under the different "types" of legal devices, i.e., Constitution, federal statutes, federal case law, etc. The United States Supreme Court has even itself provided direct and express legal standing for all Members of CAPRA (the parents, like you, who joined the class action suit directly via the website registration form), to-wit: "Parents have a fundamental right to the custody of their children, and the deprivation of that right effects a cognizable injury. See Santosky v. Kramer, 455 U.S. 745, 758-59, 102 S. Ct. 1388, 1397, 71 L. Ed. 2d 599 (1982)." Troxel v. Granville, 530 U.S. 57, 68-69, 147 L. Ed. 2d 49, 120 S. Ct. 2054 (2000). In other words, the SCOTUS has already expressly provided our direct legal standing (and direct jurisdiction) to be in federal court to sue over these exact, same unlawful deprivations of fundamental parental rights, and that is also *in addition* to all of the many other available routes/devices in legal standing, so as long as the CAPRA Association has established its identified leadership coverage over all 50 States and Commonwealths, then all aspects of legal standing are covered.
Please visit our Arguments page to review exampled descriptions behind some of the various constitutional and other legal arguments that will be used in this class action.
Despite being a large and clearly important federal class action lawsuit, the actual number of hammering constitutional arguments (“counts” or “claims”) will be kept tight, limited and focused, in order to keep things fairly clear, simple, straightforward and, most importantly, pretty quick and easy to understand by any average American.
The fourteen (14) "National" communications army leaders will be the actual CAPRA signatories upon the lawsuit, together, on behalf of CAPRA, as the duly appointed top officers of CAPRA (as 14 equal Co-Presidents of CAPRA, in addition to dividing up other Association officer roles between them, i.e., one of those 14 will also be the official Secretary of CAPRA, another one will be the official Treasurer of CAPRA, and etc.).
Finally, many people, and even some lawyers, mistakenly think that all whistleblower actions must be filed "under seal" (like a case with a gag order). However, that is not true for all whistleblower cases. Only when there is secret or hidden or other sensitive material involved is there also then the additional "under seal" requirements, and the point is to allow federal investigators to do criminal surveillance and so forth to bolster their companion criminal charges, and that sort of thing, to keep new investigations under wraps for the first little while. Here, when simply arranging all of the "in plain sight" facts about everyday fraud and corruption and obvious fundamental violations of constitutional rights, due process, etc., within the various counts of a complaint, and there is nothing secret or hidden about anything regarding the family court systems or their related federal funding schemes, there is also then no actual legal requirement for being a sealed case, as everything is already public domain, already in plain sight.
Of the total 100% of whatever the actual whistleblower finally turns out to be paid to CAPRA, 75% of that is earmarked for "base shares" to all Members of CAPRA per their respective leadership levels (see our Leaderships page), another 20% is earmarked for paying all of the recruitment bonuses (see our Recruitment page), another 3% is earmarked for providing all of the Media Contest prizes, another 1% is earmarked for equal divisions by the dozen-strong legal team that put all of this mission together in the first place, and the final 1% is earmarked for the T.B.D. law firm and the any also selection of accounting firm or similar (see the "My Future Payment Method" section, located near the bottom of the CAPRA Membership registration form, on the bottom of the Homepage) for handling the actual settlement negotiations and all of these [base shares, recruiting bonuses, media contest prizes, etc.] payment distributions out to the entire CAPRA Membership everywhere. That same final one percent, which would be an estimated minimum of $2.7 million for that same selected law firm, may also in fact include their eventual official legal counsel representation added within the class action lawsuit. Again, the in-house legal team is currently handling these such negotiations, amongst several other behind-the-scenes matters like that.
The actual named Defendants include each and every State and Commonwealth (each Governor and each Attorney General to be served separate process by certified mail) to answer for their wayward state family court systems, also the U.S. Senate and U.S. House, served separately and together because “Congress” is by strict federal laws the real defendant in answer for the constitutionality or not of their Acts (laws passed and enacted), and we are directly challenging the (un-) constitutionality of various federal funding programs which all fall under the Social Security Act (Title IV-A, IV-B, IV-D, IV-E, etc.), which is why we also add Secretary Sylvia Burwell (successor to Kathleen Sebelius), who will be receiving service of process on behalf of U.S. HHS, and Mark Greenberg, who is the Acting Assistant Secretary for the Administration for Children and Families (HHS/ACF). The Rules of DCD also require service upon that local U.S. Attorney in addition to upon the U.S. Attorney General (Ms. Lynch). There are a total of 106 copies of all legal paperwork packages, each including formal summons and complaint plus various procedural filings (preliminary motions, notices, etc.) that must be served out upon all those different governmental agents, who together represent the total of 54 named Defendants. Again, we may or may not decide to also add the two more corresponding services of process, if we decide to also sue DC like suing one of the States/Commonwealths, but that is highly doubtful, and not even necessary.
While most CAPRA memberships are expected to use referral/recruitment Codes, so as to properly credit individual communication army leaders (Members of CAPRA) for their personal recruiting efforts, there is also a generic Code made available to use by people who only see a social network or other type of "share" out there, i.e., without ever actually being given a personal recruiting Code. Each such use of the generic Code will be attributed to a "catch-all kitty" and then the total of this catch-all Code will be equally and/or proportionately divided up and out to all Members of CAPRA upon final settlement, just like the regular leadership base shares and recruitment bonuses. However, we strongly urge that all qualified registrants who join CAPRA to always please give proper credit to the existing CAPRA leaders who have recruited them on board, by using their personal Code as available, whenever available, and to only use the generic Code to join CAPRA as a last resort when no personal Code has been provided. Thank you all for properly crediting your fellow motivated Members.
A vetted selection of CAPRA "State" or higher leaders from both Virginia and Maryland will be provided costs and expenses from the general CAPRA expense fund to handle that (local-to-them) filing within the DC federal courthouse.
One natural byproduct of winning this lawsuit is also slashing divorce in America to probably one-tenth of the current rate, since there will be no more financial carrot-and-stick incentives to divorce, so that byproduct goal will be used to attract support from various mainstream family organizations, plus almost all if not all American faith-based entities. Additionally, stopping six to seven billion dollars in counter-productive ACF annual program wastes will be used to attract support from various governmental, taxpayer and similar watchdog type organizations and entities. Moreover, the legal team behind this class action lawsuit effort will build in some related/targeted legal issue(s) to attract widespread mainstream public support.
(More relevant topics will be added here sporadically)
Zero Tolerance Policy
Simply put, CAPRA will most certainly **not** tolerate any attempted shenanigans of any kind by anyone. In full equal measures as we are against the nefarious behaviors of family courts, we also will likewise never tolerate any Member of CAPRA who tries to defraud, scam, cheat and/or falsely harm either CAPRA and this mission, nor any of the same types of behaviors against any other Member of CAPRA. Confirmed violators are subject to immediate removal and permanent banning from CAPRA and this entire mission process. Moreover, and in our discretion, depending upon the severity of such violations, we may well also implement civil and/or criminal prosecution against those perpetrators to the fullest extent of the law. In short, dishonesty will not be tolerated.
Obvious examples of strictly prohibited behaviors include, but are certainly not limited to, attempting to "ghost" or "clone" either yourself or others as part of the leadership and/or recruitment process, attempting to join CAPRA when you are not even qualified under the clearly detailed requirements, any plagiarizing of someone else's material for making entries in either of the media contests, using unlawful types of behaviors (i.e., threats, intimidation, or other coercive tactics) within recruitment efforts, and so forth and so on (besides, these kinds of things just won't work anyway, due to the nature of the processes involved both now and coming, by pre-planned design to weed out such perpetrators during those actual processes). Again, dishonesty shall not be tolerated.
If you suspect that ANY other Member of CAPRA is likely guilty of such behaviors, you are commanded to immediately report your suspicions to either the next highest level of geographically-matching leadership for yourself and/or also the next highest level of geographically-matching leadership for and over that suspicious Member. Thank you!
One more really important thing: There will also be no tolerance for any attitudes of gender discrimination by any Member of CAPRA against any other Members, nor even such attitudes in general. We certainly won't prosecute, or anything else like that, for this common problem within the family rights movement, but any such inexperienced persons may sadly have to be removed from CAPRA. In other words, there are some fathers out there, especially the most recent and still-inexperienced victims from the family courts, who seem to be against ALL women, i.e., they blame all women for what happened to them personally, and that attitude still often rears its ugly head in their online communications. Likewise, there are some mothers out there, especially those most recent and still-inexperienced victims from the family courts, who seem to be against ALL men, i.e., they blame all men for what happened to them personally, and that attitude still often rears its ugly head within their online communications. Such people are still too inexperienced to be an effective and useful Member of CAPRA and this mission, and may have to be let go (removed), perhaps after giving at least one warning first, because we're certainly not going to willingly allow such faulty attitudes to mistakenly poison our communications army messaging out to the national public mainstream... Regardless of what happened within your own PERSONAL situation, the overall enemy is by NO means either all mothers, nor all fathers - nor has it ever been either gender... The true enemies of American natural/biological parents within family courts are malfeasant court officers, their court leeches, bad laws, and especially the fraudulent carrot-and-stick federal funding schemes that drive most of these injustices within all the state-run family court systems. Stay focused upon the TRUE enemies!!!
Note: This website is under constant construction. So, please don't hesitate to come check back often for important updates, especially by also double-checking the Case News page.