Parental Rights Class Action

Overview of Legal Arguments:

Legal Arguments The following are some examples of constitutional arguments to be used within the class action lawsuit regarding both "family court" victimization realms.

Only the biggest and clearest (the most obvious, smack-in-the-face type) of hammering arguments will be used, and this class action lawsuit will not muddy the waters with lots of claims about all kinds of other nonsenses going on within family courts.

There will also be a third power set of constitutional arguments regarding those various federal funding programs to be shutdown, but we will not reveal all of those just yet, i.e., until after filing the new case.

The argument examples are divided into the respective two sections below, the first set for (divorce-and-similar-with-kids), and the second for (child protective services).

These are examples of the actual "Counts" to be used within the Complaint, but if you're also curious about "procedural" things like Immunity, Numerosity Threshold, Jurisdiction, Legal Standing, and etc., then you want to see our F.A.Q. Page instead.

The Custody/Support/Visitation Victimization Realm:

Of that larger custody/support/visitation realm (divorce-and-similar-with-kids), here are some examples of the earth-shattering arguments to be employed in the lawsuit:

You already HAD full custody, before ever entering family court

-- Every natural/biological parent *already* has full legal/physical custody of their child from the very moment of birth. These full and equally-shared custodial rights over children are *pre-existing* long before ever entering into any family court process. Yet, every day of the week, family courts are automatically, arbitrarily, unilaterally and summarily just reclassifying one-half of the parents as fictitiously-alleged “noncustodial” parents, and then of course also adding on further secondary orders like support and visitation. The flagrantly unconstitutional problem is that the state has absolutely no legal authority, in the first place, whatsoever, to start ordering around how any child is to be taken care of, especially including ordering you – the natural/biological parent with pre-existing and superior rights to your child/ren – how much time, money and other efforts you must expend upon your own natural child/ren, until and unless the state *first* would prove you seriously “unfit” to continue retaining your pre-existing parental rights, i.e., first proving by clear and convincing evidence under full due process procedures that you are seriously unfit parent with seriously documented child abuse/neglect/etc. Only then, i.e., only *after* first removing your parental rights by a sanctioned compelling interest (protecting children from serious abuse/neglect/etc.), may the state then finally have the actual legal authority to start acting like the parent of that child itself, by directing how the child is to be taken care of (how much money to spend each week on the child, where the child will live and go to school, medical, dental, and everything else involved in raising a child). Since the mid-1970s and federalization of family law, the family courts have been doing this wrong for so long now, that the general public mistakenly believes that a divorce-or-similar case is all about “he said, she said” enough to “win” custody of their own children, all of which could never be further from the actual truth. A family court itself ("the State") does NOT have ANY custody of the child, and it is a pure fiction, a fantasy, an absolute legal nullity, a complete fraud, for any family court judge to “award” or “grant” custody of a child to either/both natural parents. Remember, they (both) *already have* their (equally-shared) *pre-existing* custodial rights to their child/ren. No family court judge can “award” or “grant” something it does not even have (child custody) to someone who already has it (child custody)... The entire notion is a completely and directly unconstitutional fraud, of widespread and epidemic proportions. What is actually going on within that (wholly unlawful) process is that the family court is actually allowing one parent to *retain* her/his pre-existing custodial rights, but actually *removing* the other parent’s equal pre-existing custodial rights, but *without* following the absolutely required prerequisite due process procedures of first removing that parent’s pre-existing custodial rights by proving serious parental unfitness. By allowing one parent to retain their constitutional parents rights (which are always superior to the state’s rights), yet actually removing the other parent’s same and equal pre-existing rights (without even so much as bothering to tell them that that is what is actually happening...), there are always three (3) big unconstitutional violations going on, every time, regardless whether it’s the mother-over-father, or father-over-mother: (1) direct violations of that victimized parent’s own individual various due process and constitutional rights; (2) direct violations of equal protection of the laws; and (3) flagrant gender discrimination along with the related “bias and prejudice” principles, as between those two natural parents. Again, it doesn’t matter which is the favored parent and which is the victimized parent, because it’s gender discrimination between them, either way, and violation of equal protection of the laws, either way. The entire family court system, nationwide, is directly and flagrantly unconstitutional, beyond any shadow of doubt, and therefore every State and Commonwealth must repair its own family court system to comply with real law and rights. (Both of) you already had full custody...

Still, winning just one family court battle at a time is nowhere near enough, but the entire unconstitutional system must be shutdown. If you care about other parents and children being wrongfully destroyed, and know it's past time to stop the insanity, then please join the army if you haven't yet, and spread the word to everyone else.

Title IV-D is flatly illegal for direct conflicts of interest

-- The entire Title IV-D funding scheme is flagrantly unconstitutional and a completely fraudulent usage of taxpayer dollars. Did you know that there are actually statutes on the books in each State and Commonwealth that detail how Title IV-D federal funding is to be used, which includes basically dividing up all the “profits” (from unlawfully screwing and cheating so-called "noncustodial" parents in generally outrageous child support orders having no relation to the real world) and paying out different percentages of those “profits” to each County, to each Title IV-D office and their own personnel, to each family court budget, and so forth? Can you spell “m-e-r-c-e-n-a-r-y”?? This insane and wholly unjust system uses federal taxpayer dollars to literally provide direct financial incentives for family courts to commit fraud as much as possible, i.e., violate rights, go beyond limits, etc., etc., as often as they can, because the more Title IV-D monies they order against everyone, the higher all of their percentage takes received. Like the bonuses and commissions that form the basis for rampant fraud by social workers in the CPS/DSS/DCF/etc. victimization realm, these Title IV-D profits being paid to incentivize the family courts into routinely violating parents’ constitutional rights are so ridiculously unjust against the very premise and existence of a court of law, one hardly knows where to begin listing all of the illegal violations going on with that. And, it’s not only the direct fraud regarding those conflicts of interest, fiduciary duties, and etc., but there’s also the fact of actually using taxpayer dollars to commit widespread violations of citizens’ constitutional and due process rights, even to induce higher rates of commissions of crimes by state actors against innocent citizens. Therefore, all of Title IV-D is a flagrantly unconstitutional and highly fraudulent, illegally repulsive funding scheme that must be terminated.

Title IV-D is a flagrant scam upon ALL taxpayers everywhere

-- Moreover, the entire existence of Title IV-D since the mid-70s is a gargantuan financial fraud upon all American taxpayers for yet another huge reason. Before federalization of family law, starting at that time, the Fed did their “homework” to report that “only” about 80% (4/5ths) of all child support orders were being paid in current, regular fashion, while about 20% (1/5th) were either partially or significantly behind, or way beyond into default, etc. And this was the “reason” for creating the federal Office of Child Support Enforcement, in the first place, to “increase” this payment-in-full ratio percentage, of course... Yet, after dozens and dozens of billions of dollars, perhaps roughly one hundred billion spent on Title IV-D since its creation (40 years, now at $4B+/year), no amount of money can change the basic default “equilibrium” of the entire society and human nature at large, so guess what? Today, that overall rate of child support orders being paid in current, regular fashion, after all these federal monies and efforts and draconian bureaucracy, has “dramatically” risen by the whopping result of only about one single percentage point, perhaps two points at most. Some family rights activists may already be familiar with those official annual statistics on each State’s enforcement cost ratio, i.e., a given State reports “2.8”, which means they supposedly collected $2.80 in child support payments for every $1.00 in federal child support enforcement funding dollars spent to run the federalized Title IV-D program in that State. Of the 50 States and Commonwealths, about 15 report ratios in the mid-to-high 2.x range, about 20-25 report ratios anywhere from low 3.x to high 3.x, and another 10-12 report ratios in the low to mid 4.x range. And then there’s lone Indiana, way out in front with a typical annual ratio in the low 7.x range... i.e., real “gestapo” tactics saturate most all of Indiana’s “family” courts to ultra-maximize that ratio number... Anyway, the point is that the true reality has been spending billions upon billions of taxpayer dollars for only a miniscule result above that which we already had prior, a gargantuan leaky sieve program that actually throws away 10+ dollars for every 1 *extra* dollar collected over that *already pre-existing* 80% ratio. Think of it this way – prior to federalization of family law and Title IV-D expenditures/enforcement, the example American noncustodial parent had an $80/wk child support payment, and there was no federal funding being spent on child support enforcement. Now, with the presence and huge wastes of Title IV-D, $10+ of federal tax dollars are spent weekly just to merely increase the results of that same example American noncustodial parent up to $81-82 per week, i.e., all of Title IV-D is a huge wasteful scam upon the American taxpayer, by throwing away 8/10ths or 9/10ths (or more) of every dollar into the wind, because it would have been far, far cheaper upon America to simply give an extra one or two dollars directly to that custodial parent, than to spend ten-plus dollars “enforcing” that noncustodial parent to cough up that same one or two extra dollars... Title IV-D is a pristine example of a government program that is very, very deep into the red ink territory of cost ineffectiveness, for America has spent a hundred billion or more just to increase child support collections only one-tenth or less of that gargantuan cost over the years. Yet another huge and commanding reason why Title IV-D must be terminated completely and immediately.

Forced child support contracts are legally no contracts at all

-- Custody/support/visitation courts always create a “civil contract” between a so-called “custodial” parent and so-called “noncustodial” parent, which includes the two basic required terms of any contract, i.e., “performance” and “consideration” which are then actually the “performance” of the custodial parent providing “visitation” to the noncustodial parent, and the “consideration” is the (court ordered) payment of child support. Moreover, these family courts will of course *force* that “contract” upon the noncustodial parent, under pains and penalties like future contempt, or even jail for non-compliance with the court’s orders (which are already unconstitutional per other reasons). But, there’s the rub – any legally binding contract *must* be entered into voluntarily with mutual agreement and so forth by all parties/sides, and a *forced* contract is legally no contract at all... It is, by definition of law, NOT enforceable, in the first place, because it is not really a legally binding contract... It is void, a nullity, an illegal farce. Further, no parent in his/her own right mind would ever consider *voluntarily* entering into a contract to actually give up most of their own pre-existing parental rights and physical time with their own flesh-and-blood, for the “privilege” of also paying ongoing ransom money to someone else for that deal. The entire notion is flagrantly unconstitutional nonsense, to say nothing yet about actually jailing people for civil debts, or many child support orders exceeding the max limits of the Consumer Credit Protection Act laws (both federal and state statutes expressly limit child support orders to a max possible 65% of your actual *disposable* income, not gross income which is irrelevant under the law, and imputing income is strictly unlawful pursuant to the CCPA laws, too). Anyway, the entire notion of either creating and/or enforcing these fraudulent “civil contracts” between child support and visitation is absolutely unconstitutional, and flagrantly so, let alone that again the state has no real or actual constitutional authority in the first place to direct *anything* over the care of any child (unless the state would actually do that first prerequisite of taking over child custody by proving in due process the parent too seriously unfit to retain their custody rights).

-- And there are other available biggies. The above are just some quick examples.

The Child Protective Services Victimization Realm:

Of that secondary realm (by per-capita victimization ratios), i.e., the child protective services realm, here are some examples of those in-your-face arguments to be used:

CPS bonuses/commissions are flatly illegal for direct conflicts of interest

-- For total shock effect, one of the most flagrantly unconstitutional practices within the "CPS" realm is that government social services offices are being insanely paid by bonuses/commissions, i.e., the more they defraud, the more they get paid... This is so outrageous against principles of law and justice that it will be an easy slam-dunk.

Every TPR (CPS) case is constitutionally entitled to a JURY trial

-- Another very huge biggie is not being allowed a trial by jury within any TPR case (termination of parental rights case, which is what all "CPS" actions are), yet we're talking about fundamental rights that are "superior" to "mere" constitutional rights listed in the Federal Constitution, as SCOTUS has ruled more than once. If all of the fundamental rights guaranteed by our Federal Constitution are also guaranteed full due process protections - including the right to jury trial upon any of those fundamental issues of life, liberty, property and so forth - and if parental rights to custody of their own children are "superior" to those same "mere" constitutional rights listed within the Federal Constitution, then clearly and obviously there is likewise an absolute right to trial by jury in every government action attempting to terminate a parent's pre-existing and superior rights to their own child or children. And yes, if you're wondering, the same thing pretty much applies to the other victimization realm of the above divorce-and-similar-with-kids section, too.

All CPS actions are unconstitutional for lack of warrants, probable cause

-- There are absolutely flagrant, constant and routine violations of the 4th and 14th Amendments, i.e., violating the constitutional principle and guarantee that "every man’s home is his castle”, secure from unreasonable searches and seizures by the government, which is what the 4th Amendment is all about ("The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause"). Social "services" workers take children without a warrant, depriving both the children and their parents of their clear fundamental constitutional rights. Also, the 14th Amendment backs this right up: "No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws." In other words, as a natural/biological parent and a citizen of the United States of America, you have certain *guaranteed* due process rights, including some of your "privileges and immunities" to be free from unallowed actions by government, likewise with violating your equal protection of the laws (because social services is not also doing the same thing to literally every other parent out there...), and so forth and so on. Indeed, the 14th Amendment commands that the states are not even allowed to have any laws on their own books which try to circumvent these constitutional protections for life, liberty and property (i.e., any "social services" statutes which falsely try to say otherwise, as if they supposedly can just come to your door without any actual warrants). The constant and routine shredding of even these most basic due process protections by social services workers is very clear and obvious, and that is wholly and completely unconstitutional, wholly wrongful in every sense of the word, and all such unlawful practices cannot even legally exist in this country, whatsoever, at all.

All CPS social workers are unlawfully acting without proper legal capacity

-- Social workers are NOT licensed law enforcement personnel (police officers, etc.), lawyers, or doctors, but they always falsely and fraudulently attempt to act in those capacities. Social workers seize children for pre-emptive reasons without actually going through due process procedures of legally-qualified evidence and legally-established probable cause, i.e., they allege *crimes* of child abuse and/or child neglect, but don't even bother actually pressing those criminal charges (in every fraudulent CPS case), because pressing formal criminal charges would also require actual, real due process procedures, you see, like the right to trial by jury discussed above, and the several other big due process procedures that social workers want to avoid and do false and unlawful "administrative" end-runs around. For example, responding to an alleged violent assault upon a child is NOT an issue for social workers, but is a law enforcement issue... To carry that one step further, it is a conflict of interest for a social services agency to have the power to remove a child when there is monetary incentive to do that (see the above first argument example), especially worse when social workers are pretending to falsely act in capacity like law enforcement, lawyers, and/or doctors themselves, i.e., pretend to act in the capacities of trained, skilled forensic evidence examiners, while the police do not have that false monetary incentive conflict of interest, and they do have the proper training and skills to collect credible evidence and properly process crime scenes. Do you now see the very huge difference? We do, too...

-- And there are other available biggies. The above are just some quick examples.

Saving the Best for Last:

Again, there are a couple good handfuls of yet other rock-solid biggie constitutional arguments available to completely obliterate and totally pulverize the current family court systems in each State and Commonwealth. The legal team selected the very best arguments for and from both victimization realms, plus those regarding federal funding programs, and incorporated all those into the class action lawsuit to be filed.

And now..., let us tell you why this case cannot legally lose! It is impossible, legally speaking, for us to lose this case, ever, at any level of the federal courts, and we are very happy to explain exactly why that is true (you're really gonna love this).

Sure, judges are not always honest, hence the reason to have fifty thousand CAPRA Members making all kinds of noise all over the American airwaves and hijacking the general election period - to force them into ruling honestly and according to the real law and obvious rights. When they know millions are watching, they will sit straight.

If you've already glanced at the PDF file of our Complaint's cover page (first page), provided by this same link, you may have noticed the actual framing of this case, i.e., just exactly who all is on the offense (Plaintiffs), and who all is on the defense (Defendants). You see, all of the parts (branches) of the Federal Government, and all 50 of the State and Commonwealth governments, are all backed into a corner, with no place to run or hide. THEY are the Defendants, and so none of them can represent any of the Plaintiffs, which also happens to include the "United States of America" as one of those Plaintiffs... It would be a direct conflict of interest for ANY of the Federal Government's attorneys, agencies, departments, divisions, or whatever else, to try and represent the "United States of America" (or, simply "United States") in ANY part, fashion, or other aspect of this case, whatsoever... The exact same thing also applies for all of the 50 State and Commonwealth governments, too, of course - they are on the Defendants side of the equation, and cannot even remotely try to represent the United States of America. NONE of these Defendants, state or federal governments, can either represent, nor speak for, nor decide for, nor offer anything into evidence for, nor anything and everything else for, whatsoever, on behalf of trying to represent the United States, Plaintiff, anywhere in this entire case, ever, whatsoever, period, nada, zilch, zero, end of story.

The entire Federal Government, and all three of its Branches (Executive, Legislative, Judicial), and all of its many various departments, agencies, divisions, units, and everything else in existence under the Federal Government, is NOT the "United States of America" ("United States")... the Federal Government only WORKS FOR the United States, as a "duly hired" structure - created and hired by our Founding Documents to (properly and reasonably) manage the various affairs of the United States of America.

The "United States" ("of America") is simply, in fact, only two basic things: (a) a particular set of geographical borders and areas of land mass, i.e., the 48 contiguous States and Commonwealths, plus Alaska, Hawaii, the island Territories, and even such things as our embassies located within foreign nations, our "U.S." naval vessels at sea somewhere, and so forth. All of that is the "land mass" of the United States of America, and those same borders of the United States' lands. The other part of the United States is the very charter and bedrock principles for what this nation and society was implemented by law to be, i.e., the combination of our Founding Documents and that total legally-binding contract of what was going to be always and forever for this new nation. That binding contract includes the Declaration of Independence, the Articles of Confederation which morphed into the full-fledged U.S. Constitution, together with at least the first ten Amendments, commonly known as our Bill of Rights. THAT is the actual, legal entity of what is called the United States of America - the particular land areas and borders, plus the founding charter documents which comprise all notions and ideas of how we are going to properly govern ourselves and have our national affairs properly managed and maintained. The Federal Government is not the United states / United States of America, at all, and it has never been, but it is merely a grossly-expansive business, military and financial structure and organization, i.e., legally-speaking an "agent" and/or other third party, created and hired by and through that original contract, i.e., those Founding Documents, to take care of our national affairs, exactly the same as you might hire a local contractor to perform repairs on your house, or hire a cleaning lady to come once and week and spiff things up for you. Neither that local contractor nor that cleaning lady are your house, but you only hired them to take care of your house. Get it?

So, while we can also maybe talk about all kinds of gross breaches of contract (it's not just screwing up family law in so many wholly unconscionable and unconstitutional ways, there's also gross breaches of contract by the utter failures of the Federal Government to properly maintain and defend our borders, properly manage our nation's financial affairs, and literally a hundred other biggie items...), the main point here, in this class action lawsuit against them, is that the Federal Government is just not the United States, and none of any of these Defendants, nor any part of them (which includes the federal Judicial Branch, by the way...), has ANY lawful or valid business in trying to represent or speak for the United States, fellow Plaintiff with CAPRA (us, i.e., We The People...) in this particular case. In other words, EVERY matter in EVERY law that references the United States / United States of America, or that gives the decision-making power over something in law to the United States / United States of America, and literally anything and everything else under the sun like that, CANNOT be either decided, spoken for, represented by, nor done by ANY of the Defendants, nor any part of them, whatsoever (and that also includes that federal judicial branch of the federal government, i.e., even the federal courts and judges, themselves, technically speaking).

Are you starting to get the picture? As one of the Plaintiffs in this case, the United States must be represented by someone, and that representation cannot come from ANY of the Defendants, nor from any part of the Defendants. That leaves ONLY us, CAPRA, the lead Plaintiff entity, and/or anyone else WE might choose to hire and use and bring on board, to lawfully represent the United States. The treasonous U.S. Attorney General, and all of her Department of Justice attorneys, and the Solicitor General who also works for and under the DOJ, and the U.S. Senate General Counsel who works for the U.S. Senate, and the U.S. House of Representatives General Counsel who works for the U.S. House, and so forth and so on, are ALL BARRED LEGALLY from even remotely trying to represent the United States within this particular case... Only WE, and/or whomever WE choose to represent the United States within this particular case, gets to make any of the decisions for the United States on all matters of law involved, upon all matters of decision-making for the legal rights and legal interests of the United States in this particular case, what is proper adherence to the U.S. Constitution within the matters of this case, and so forth and so on, literally everything involved. WE speak for the United States of America in this case, and NOT any of the Defendants, or any part of the Defendants...

It is technically, legally, and actually impossible to ever lose this case, at any level of the federal courts... don't forget, WE get and have the exclusive, legally-binding decision-making authority within this case as to ALL matters of just exactly what is "right" (constitutionally lawful and valid) and what is "wrong" (unconstitutionally unlawful or invalid) in every matter and issue of this entire class action case, and everything involved therein, as far as the United States of America / United States is concerned, bar none, literally and legally everything. If and as needed, that superior and exclusive legal decision-making power even includes deciding whether any given federal case law the Defendants might try to use against us (any ruling upon any issue within any given prior federal court case, such as those done previously over the issues of parental rights, or even any other matter ever ruled upon previously by any federal court), either DOES comply or DOES NOT comply with the U.S. Constitution and those superior requirements - because only we speak for the United States here.

Get the picture now?? We cannot lose this case, and it is technically and legally impossible to lose this case... Not only do we have all the Defendants by the short hairs, upon all of the "regular" arguments in the above two separate sections, but we also have them all fully caught dead-to-rights, caught cold stone red-handed, caught with their proverbial pants down, on the sheer illegality of almost everything else they are unlawfully doing out there, too... PLUS, we have also backed them all into a tight, little corner, with no windows or doors or other escape routes to run to, nor hide behind. It's literally "Game Over" for the Defendants, IF we also have the weight of public pressure and public awareness on our side at the same time - and, that's where YOU come in, to be part of the communications army and also receive your healthy share of the financial rewards involved, if you are personally qualified to join CAPRA as a fellow class action plaintiff (family court victimization sometime within the past four years' statutes of limitations involved in this case), but regardless of whether you can personally join CAPRA or not, you should make this mission YOUR mission, and tell every single interested person you know, as fast as you can. As you can see, we HAVE the law, all of rock-solid, too, and so all we need is that simultaneous public pressure for change, and it's all over for the Defendants, we win big, they lose big, and parental relationships are finally restored and protected again by law. Do your part today!

We've got the smack-down law, and with an entire nation watching closely, many with deep personal interest, we will win what is an obvious answer to an obvious question.

Again, winning just one family court battle at a time is nowhere near enough, but the entire unconstitutional system must be shutdown. If you care about other parents and children being wrongfully destroyed, and know it's past time to stop the insanity, then please join the army if you haven't yet, and spread the word to everyone else.

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.

Parental Rights Class Action

Overview of Legal Arguments:

The Custody/Support/Visitation Victimization Realm:

The Child Protective Services Victimization Realm:

Saving the Best for Last:

Welcome:

Webpages: