Updated: Free Motion Package Now Available 24/7:
In short, everything on this page still applies, and you should still review this entire webpage for general guidance, EXCEPT that now you can directly download the free motion to dismiss ZIP package and likewise you can now also directly download the Instructions (PDF).
EXCEPT for appropriately updated images, everything below this sentence is from Valentine's Day/February 2017 (when you had to be CAPRA-registered to receive email links):
Valentine Special - FREE Motion to Dismiss Package:
GET THE HAMMER - TOTALLY FREE!
Your fully complete motion package will include each of the following: (a) Motion to Dismiss for Lack of Jurisdiction; the (b) Notice of Constitutional Challenges to State Statutes; and also together with the (c) Notice of Federal Younger Doctrine Alert.
The MOTION unleashes three (3) very powerful constitutional attacks upon the state court because it never had any jurisdiction over your parent-child relationship, in the first place, hence without any valid jurisdiction ever, everything within, and of, the state case is VOID..., and the state court must (by law) dismiss the entire case.
Learn more about the powerful Motion to Dismiss, further below on this page.
The first NOTICE formally creates ("notices") the same constitutional challenges upon your own State or Commonwealth (via certified mail service required upon your state Governor and upon your Attorney General) regarding all those same three (3) facial (direct) challenges to the unconstitutionality of those (family law) statutes, i.e., the formalized legal notice upon your State or Commonwealth, notice as duly required.
The other NOTICE is unto the state court itself and all adverse parties (the judge and attorney/s against you), formally "noticing" them all (legally warning them all), that if that state court fails to properly address the federal constitutional issues raised and/or ignores them, you get an instant "Get Out of Jail Free" card to go straight into federal court on those constitutional issues failed by the state court system (no further legal need for "exhaustion of remedies" within all levels of the state court system, before otherwise normally and finally being able to head into federal court over your issues).
But wait! There's still yet even more included for free... so keep reading...
***REMINDER*** THIS SPECIAL IS ONE (1) DAY ONLY:
NOTE: YOU MUST BE **PRE-REGISTERED** (ALSO FREE...) TO RECEIVE THE DOWNLOAD LINKS VIA AN EMAIL NEWSLETTER SENT TO ALL CAPRA MEMBERS ON VALENTINE'S DAY.
We also recommend that you "whitelist" the email address of "news@parentalrightsclassaction.com" to prevent your email service provider computers from accidentally mistaking CAPRA newsletters as any spam or otherwise, i.e., blocking your receipt.
For everyone already joined/registered into CAPRA, you are already all set, and will of course be automatically sent a copy of the CAPRA Valentine's Day Newsletter with the download links to the above package. Simply download it (comes with instructions).
For everyone else, if you are eligible to take advantage of the above motion package (because you have an active family court case), then you are qualified to join CAPRA as a Member (free), for the exact same "legal standing" reason, so simply go to the bottom of the Homepage and complete the free registration form there with your own basic information, plus some basic information about your family court and case, then you will also get the CAPRA Valentine's Day Newsletter with the download links.
TO HAVE YOUR EMAIL ADDRESS ON THIS CAPRA NEWSLETTER DISTRIBUTION LIST, YOU MUST BE REGISTERED INTO CAPRA BY NO LATER THAN MIDNIGHT, FEBRUARY 13TH, PACIFIC TIME, as that is when the "snapshot" of the membership database will be taken for distribution of this particular newletter, to be sent out by Noon Eastern time on February 14th, with the above motion package remaining available online for download by any and all CAPRA Members until Noon Eastern time on February 15th.
It's all free, but just get registered in time, or you'll completely miss the boat...
MOTION TO DISMISS - Three (3) Constitutional Challenges:
EARTH-SHATTERING ARGUMENTS TO ROCK THEIR WORLD UPSIDE DOWN
Read these twice, even three times, as needed....
(1) -- NO PAIN, NO GAIN! -- Without any proper adjudication of some (very) serious parental unfitness (serious child abuse/neglect), and that done *first* under full due process procedures at the "clear and convincing" evidentiary standard (including your right to elect jury trial in defense as desired), then the given state family court *never* had any actual constitutionally-valid jurisdiction over any aspect of your own individual parent-child relationship and those *direct blood* related rights, i.e., the entire state court case is absolutely, black-and-white VOID for total lack of the primary required due process, and in fact, in likely 98-99% of these flagrantly unconstitutional family court cases, there is never even the remotest first allegation of any (actually serious, i.e., legally serious) parental unfitness even so much as alleged, let alone actually ever proven, and since the "primary" order is void ab initio (the child custody order is and was totally void for complete lack of the most necessary due process aspect always and absolutely required), then so are also all of the secondary orders based upon that void primary order, hence all "orders" of secondary issues like child support of any kind whatsoever, parenting time schedules less than fully 50/50 splits, references to children's activities, schools, doctors, future items like college expenses, and everything else, is and was also absolutely void, and of no legal effect whatsoever (marriage or cohabitation or neither of those has absolutely nothing to do with your well established fundamental rights regarding your own individual *direct blood* parent-child relationship to your own natural flesh and blood minor children). There are NO magical differences of any kind between you, the so-called "noncustodial" parent, versus the parent in a CPS case, versus any other parent on the street that has never been involved in any family court ever... the parent-child relationship is *exactly* the same in all legal respects, and the State *knows* it must *always* perform the due process equivalent of "child protective services" actions against any parent before attempting to dictate any terms over that same child or children... It is exactly the same for your parent-child relationship, only they never even bothered to tell you they were actually *removing* your *existing* child custody rights via unlawful "administrative end-runs" around the Constitution. They never even alleged any serious unfitness, let alone actually proved anything in the required high-hurdle manners, so they never actually had any jurisdiction over your parent-child relationship, in the first place. You win, they lose, point blank, end of story.
(2) -- ALL BETS ARE STILL OFF! -- Even if there is maybe the possible mere 1% to 2% of family court (custody / support / visitation) cases out there, wherein lo and behold there actually *was* some sort of (very) serious allegations of some (very) serious unfitness issues about/by one of the parents, and even if that also included some sort of serious documentary evidence presented/involved/used regarding that alleged parental unfitness, to then "order" the other parent as either sole and/or primary custodian, all bets are still off for the State, because its family courts use the "preponderance" (base, lowest) evidentiary standard for everything in all family court (custody / support / visitation) cases... but, uhm... they simply cannot do that... at all... ever. The more frequent example of such flagrantly unconstitutional abuse of power is using some sort of questionable evidence, or even just outright false allegations, to subject the targeted victim parent to "supervised" visitation (parenting time monitored by usually yet another family court flunkie getting paid prohibitively-expensive hourly rates, i.e., for most such victimized parents, effectively a termination of parental rights for "noncustodial" parents already saddled with child support and just trying to survive, let alone pay expensive hourly rates in ransom to "visit" with their children for brief periods). But still and again, all of that "supervised" visitation adjudication process was done using the family courts' routine "preponderance" evidentiary standard... but, uhm... they cannot do that... at all... ever. You see, the thing is, that ALL actions at law regarding ANY impact, alteration, or effect of any kind to the status of a person's *direct blood* parent-child relationship MUST use *only* the higher "clear and convincing" evidentiary standard. In other words, regardless of your personal court case history/situation under either #1 above and/or this #2 topic, all bets are off for the State in *every* family court case, because using mere "preponderance" is constitutionally fatal, directly on its face, in any attempt to alter, deprive, interfere with, or otherwise impact any custodial or related rights within a parent-child relationship, because... once again (got it yet?)... the "clear and convincing" evidentiary standard was required to attack your parental rights, in any way, shape or form. Believe it or not, at least one (1) State, which is Oregon, is known to be actually admitting preponderance evidentiary standard directly written on ithe various court orders of even their county *CPS* (child protection services) cases - which also renders *every* such Oregon CPS case absolutely VOID too... Unbelievable! Totally illegal on its face, statewide!
(3) -- HIT THE ROAD, JUDGES! -- Because the Title IV-D scheme is so nefariously evil on so many levels, one of those "dead giveaway" issues is that the Title IV-D system in each State is setup to actually pay shares or "cuts" of various small percentages (exact cut sizes vary per each State's scheme) out to each county clerk, county prosecutor, county judges, and often another cut to that county itself, either directly as virtual slush funds and/or as constant financial additions into their office/staff/etc. budgets, and it really doesn't matter which and/or both ways, because it's still a fatally unconstitutional situation for every county judge - who *cannot ever* be involved in any case wherein he/she has even any incidental financial ("fiduciary") interest in that case. In other words, NO family court judge could ever, or can ever, be involved in any case of that same county that also involves any Title IV-D child support, due to the direct "facial" fiduciary conflicts of interest... Seeing the big picture yet? It is directly and flatly unconstitutional for any family court judge to have ever, at any time, either made, executed, or attempted to enforce any child support "orders" of that same county, whatsoever, because of those fundamental and direct conflicts of interest. That judge was *never* even remotely (lawfully) allowed to "make" (order, grant, award, similar) ANY Title IV-D child support orders, due to the constitutional preclusion of said direct conflicts of interest, nor ever allowed to "execute" any such child support related processes (income withholding orders sent out to your employer), nor ever allowed to be involved with any "enforcement" of the same, either (threats of jail and/or other punishment, actual jailing, ordering the capture of tax refunds, pensions, etc., opposing attorneys fees, etc.). ALL of these such orders and actions are unconstitutionally VOID ab initio (totally void "from the very beginning"), directly on their worthless faces, because due to those directly facial conflicts of interest, none of those judges ever had any valid *jurisdiction* to do ANY of that... at all... ever!
In both the state and federal court systems of several jurisdictional areas around the nation, CAPRA has been very powerfully prosecuting the above three (3) direct facial constitutional challenges to family courts, and scaring them all to death because they simply have no defenses to such obvious, self-evident illegality and very clear fraud!
BASIC TOOLS INCLUDED, NO CHARGE:
Do you currently have an attorney representing you within your family court case? If so, then you cannot file your own paperwork, but must let the attorney do anything like that for you. Of course, no attorney is ever going to file this (to shutdown the family courts as total fraudulent jokes, directly on their faces), because that attorney needs to work and earn more income there in the same courthouse tomorrow too...
Therefore, for all those of you that will need to FIRE your (worthless) attorney (aren't they all worthless?), in order to be fully clear to file your own court paperwork at the corresponding clerk's counter, without any possible interference, or questions, or any confusion of the clerks..., there will be another FREE package that you can download from within this same upcoming special CAPRA Valentine's Day Newsletter, including two paired items: (a) one-page professional business letter, the Notice of Immediate Termination of Representation to your attorney, including direct citation to both U.S. Supreme Court case law as well as federal Constitution provisions upon that subject; and (b) the corresponding Notice of Termination of Representation of Counsel; and, Corresponding Notice of Pro Se Party Information Update which you file at the clerk's counter (with a copy of the single-page Termination letter attached as "Exhibit A") so there will be no further question that you are now in control over your own decisions.
Do you maybe need someone to help walk you through this process? Regardless or not, even for just leveraging more parent-power in your own State or Commonwealth, but also for working with the same fellow CAPRA Members who will be filing their own same motion packages just like you..., we strongly recommend that you join into the CAPRA social media groups matching the State or Commonwealth of your court case.
Are you being threatened with jail or loss of parenting time soon? If they are even now threatening you with an upcoming hearing for contempt or similar basis and threatening to jail you, smack you with imminent reduction or loss of parenting time/rights, or anything urgently important like that, then filing the above motion package should certainly help, and by all means still go ahead and file the motion to dismiss package. BUT, fair warning, although everyone (including your state court judge...) can certainly see raw "big news" power via those powerful arguments, your particular family court judge might be one of those really nasty ones who just don't care anything about any laws or rights whatsoever, i.e., doesn't care about, and probably plans to make, enough "errors for appeal" purposefully in your case, to just go ahead and screw you now, and let you try to fight your way out of it later... In such really maverick situations, you simply must take away ALL of that state judge's power, authority and jurisdiction completely, before that happens, by removing your state case into federal court. See our federal removal page for more information, and/or also visit the CAPRA state groups matching your needs as described above.
SPECIAL EXTRA BONUSES FOR EXTRA SPECIAL PARENTS:
LEGALLY JOIN FORCES (CASES) WITH OTHER NONCUSTODIAL PARENTS!!!
The above power of strong constitutional arguments against the family courts certainly speak loudly and proudly for themselves, but a whole new next level of power comes from consolidating constitutional challenge cases together as one (1) unified action.
Having strength in numbers (actually visible, formally involved numbers) is the name of the game, when it comes to attacking and exposing the fraudulent family court systems. Strength in numbers turns heads.
CAPRA began invoking and leveraging this nuclear fusion device within the federal courts a few months ago, to start consolidating jurisdictionally-related clusters of federal removal cases together for the jointly-identical sets of formal constitutional challenges made in each separate case already prior, and this consolidation process has proven to become very effective, and extremely useful to take these very same constitutional challenges up to the whole next level of earthquake attention power.
But then we also recently realized that there is really, in fact, no reason for victimized parents NOT to implement this exact same extra power within each of their different state court systems too, using the exact same or very similar procedures. Indeed, this extra level boost of raw power might as well start getting implemented at either (both) the trial court levels or (and) the appeal levels within each State and Commonwealth state court system across the nation, and that might as well start right now on the heels of the above motions packages beginning to be filed everywhere over the next couple or few months, in hundreds or hopefully thousands of state court cases.
Therefore, about one week after Valentine's Day, every existing CAPRA state leader will get their own copy of the Joint Motion to Consolidate Constitutional Challenges template (actually, yet another free full package of multiple papers) with detailed instructions, and every new CAPRA state leader shall also be sent the very same consolidation package immediately upon also reaching state-level within CAPRA.
How does it work? Any Member may advance to state-level leadership by merely introducing any ten (10) or more other similar victim parents to CAPRA, who then join for free also using that recruiting person's referral Code# as the free credit given when using the registration form to join CAPRA. Any registered CAPRA Member may freely self-check their own recruitment statistics in real-time, 24 hours/day, by using the database link with short and easy directions at the top of the Leaderships page. Once you rack up at least ten (10) unique referral credits under your own self-created recruitment Code# (ten different people who each give you their registration credit, not just several only with a few of those registering a second time to correct or update their previous registration information, but a minimum of ten unique/different other parents joined with your Code#), then you have earned state-level leadership within CAPRA, fair and square like everyone else who has had that same clear vision for strength and power, and you are also then automatically entitled to all of the other corresponding leadership benefits as well, i.e., free official CAPRA email address, official biz cards, state group moderator rights, and etc.
If you seriously want to shut down the entire current family court practices within your State or Commonwealth, then you most definitely need strength in numbers, which you formally, officially and legally get done through consolidation of other similar cases, with your own case designated as the "lead" case (just for normal common sense paperwork administrative efficiency reasons). If you are not already one of the many CAPRA state-or-higher leaders yet, then just promote your referral Code# widely and get at least ten other (U.S. only) parents to then give you their recruitment credit when they join also for free. The moment you earn your 10th recruit on board, CAPRA will then hand you direct power - lots of free strong power - so that besides just winning yourself, you will be able to help others win their cases too. That's what we all want, and need, the sooner the better, for every child's sake. Earn *your* complete constitutional challenges consolidation package right away, and BE the power - earn state level leadership in CAPRA and it's all yours, totally free in trade for your passion and time in simply spreading the word (and your own Code#).
NOTE: There are a maximum number of limited state-level leadership slots available per each different State and Commonwealth (population, number of different counties, other factors) per the BLUE column in the middle of this PDF table of the 336/343 maximum state leaderships within all of CAPRA nationwide, i.e., it is first come, first served, per gender balance, per each geographical tier of leadership. About one-third (1/3) of those total slots are already filled so far nationwide as of this writing - which also makes CAPRA the fastest growing parental rights org in the USA (all due to our *computerized* usage of Code Numbers for *automated* tracking and promotions).
SHOW SOME LOVE!! PROMOTE THIS WIDELY!
Inform every other victimized U.S. parent you can find! These images should help:
Recruiting Tip: Add your Code# onto the image (like: "Use Code# __________" or "Use #__________" or "Join with #__________" or anything similar). Please also reference our additional tips for more ways to increase your success even faster!
Click image for the full size version: 1200x630 pixels - For posting and/or sharing on Facebook, Pinterest, Instagram, Twitter, plus any and all other social media everywhere. General purpose promotional image for everything.
Click image for the full size version: 851x315 pixels - Specifically made for use as your Facebook personal page "Cover Photo" graphic during this promotion period.
Image shown is the full size version: 300x300 pixels - Primarily made for use as your Facebook personal page "Profile Image" companion graphic to the above "Cover Photo" graphic, to display the full theme during this Valentine's Day free promotion.
However, since this is a square 300x300 image, it is also very perfectly suited for use as your temporary "profile" or "avatar" image upon just about any social media network, or even just for general additional posting of the overall promotional theme, too.
SHOW SOME LOVE!! POST, SHARE, PIN, TWEET AND ETC. WIDELY TODAY!
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.