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If you are involved in any family/criminal law cases and wish to learn more about court procedure, we recommend that you begin by reading the court rules of your state and the Federal Rules of Civil Procedure to familiarize yourself with the way the judicial system works in your area.
Federal Judicial Center 2016
California Guide to 388 Petition
: a clause in Article VI of the U.S. Constitution that declares the constitution, laws, and treaties of the federal government to be the supreme law of the land to which judges in every state are bound regardless of state law to the contrary supremacy clause n often cap S&C : a clause in Article VI of the U.S. Constitution that declares the constitution, laws, and treaties of the federal government to be the supreme law of the land to which judges in every state are bound regardless of state law to the contrary Supporting Code and Law:
Penal Code Title 8, Chapter 39
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Forms and state codes laws: This section was submitted by one of our Parent Advocates. If you would like to submit information about your experience in Family/child custody matters for publication, please 'Contact Us' and we will review your submission.
"when attempting to be heard in court there are certain things you need to do. First you need to file forms, also known as motions. When filling a motion you need to understand what exactly it is that you are asking or wanting the court to do. In complex issues they will require you to file different motions for the same issues such as wanting modification for duress or contempt issues. When filing different motions it is very easy to accidentally exclude leave our forget the evidence needed for the pertaining trial because it’s in the wrong motion. In the end complicating the issue far more than what it was originally intended to be….so the overall message here is make sure you have the right information for the right motions and to know exactly want to want or are asking the court to do
When filing a motion you need to have the forms served on the other party, different rules apply to this process please look into that yourself. when filing a motion it is advised that you support your argument with what is called a legal brief or a legal argument or points of authority, response ect there are many different names to this. If you were served any paper work you need to file a response with the same sorts of arguments legal briefs ect.
there are many ways to write a legal brief and arguments and how to start them such as issue before the courts issues before the people and so much more. I advise to look good up legal briefs so you can get an idea what are some good proper ways to get the attention of the court.
one of the tricks I have heard and that I have never tried before is submitting a check list attached to the front page that a judge can check off . For example a list of arguments kind of like a true and false check list for each argument. In the end of the trial a judge can return back to list for simplification.
There are many ways to write a legal brief but the main point to a legal brief is to organize the argument or arguments and to keep It from being a run on argument or arguments meaning it never ends and it’s so boring the reader looses interest. also it’s intended to help guide the courts and other party into what actions that the courts should or should not take. Some things to consider putting in a legal brief
table of content, summary of the brief, facts, issues being disputed, table of authorities, rules statues, previous cases also know know as case law, that give support to the arguments eying disputed or presented, impact, conclusion, analysis and so much more. So it is advised that you look more into this on your own
case law is and are past laws cases dispute held by the court and are intended to exemplify how the court courts ruled in previous cases (nice to include in your legal brief).
when going through the court process it’s very import to look out for your own interest and also to help prevent others from taking advantage of you.
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in mediation: it’s very important to understand that in mediation a lot of us put trust in the judicial system. But the best way to view mediation is to think of like this you are being accused of murder. You might not be in trial but you are being interrogated by a person who really has no intention to let you get away with anything also you are being accused by the other party to hold you accountable even for minor petty things and on top of that you have no representation with you in those integrating hard moments. Words can really be taken out of context and over exaggerated so it’s best rebut any accusations made against you. Demand those types of issues be heard in trial.
when in mediation there are many things to consider that the mediator will or will not take the time to speak with you about. So with that said these are things you want to ask for, these are things you will really regret if you don’t ask for them, you will want to discuss vacation time with the kids, you will want weekend time with the kids, you will want holiday time with the kids, you will want time with kids during the week, you will want to be able to take kids to the doctor dentist ect. and you will want to take the kids to school and also have the opportunity to help them with their homework during the school week and also special kind of days like holidays and sadly how you will do with the death of any member of family or friends
in my opinion if you don’t offer fairness to the other party you can almost 100% gurantee you will be back in court trying to settle these things out also keep in mind the more you fight with the other party the more you escalate the conflict and the more accusations thrown the more serious things will get. And to be honest from what I have seen the more conflict the less fairness will be dished out on the other party or yourself down to the point they the courts will issue a lawyer to defend the children and ultimately end your parental rights completely leaving your children in foster homes and let’s not forget you will be very tempted to hire an attorney attorneys are not cheap the other party will end up getting an attorney as well all this can make you homeless and force you to sell your property through liens or what ever it is the courts do. Attorneys make money on conflict they pretty much walk very gray areas of what I call war profiting extortion and monopoly so I hope you get the help you need here in regards to mediation
now trial is a different issue, expect a judge to be unsympathetic to you and your needs .if you are representing yourself, they consider you unprofessional and uneducated. When you get to this point expect court/trail to go really bad it is highly advised that you go to trial expecting to file complaints on all levels and to clarify to those that don’t know there is a difference between filing an appeal and filing a complaint on a judge one is a complaint on a judge and one is an appeal. Most likely you are dealing with something more complicating then the issues you went to the court for in the first place. In the LINK you will find advice once again please do not hold us accountable you do all this at your own risk, you will find out how to file complaints on judges lawyers clerks mediation and all the other organizations involved. Also I want to discuss an issue that is very very complicating it’s what many of us call underground regulation that should be reported but are not that’s not the end of it all you kind of run into issues like bright line rule and balancing test and totality of circumstances most of us do not know anything about this kind of stuff also there’s other issues that one faces as well and that’s unpublished or not well published judicial opinions of the courts. One thing I want to emphasis on her is that not only are attorneys very well educated professionals but judges do know and understand all or most of the legal loop holes that they can get away with in any sorts of actions that they might take just like some know how to get away with tax loop holes.
lawyers submitting paperwork documents to you at trial instead of giving you time to review them be sure to ask for a continuance on them. Even if you understand what they are you need to be able to think about them with a clear mind. Be sure to respond to every argument made to you on paper some say court trial are won on paper not trial. Be sure to understand all the sorts of objections that you can use they are intended to help you or to oppress you Objection…..LINK be sure to take this form with you to court to spot out all the possible types of misconducts you might encounter in court trial. They are canons that’s judges must follow. Be sure to take a court watcher with you be sure to have a court reporter as well. And most of all be sure to understand the entire constitution of the United States of America and the constitution of your state and all the state satues that apply to you and they are many also it wouldn’t hurt to understand all the forms and process that’s clerks must abide by
I hope this can help you out
I suffered many hardships in court I am trying my best to help everyone learn from my mistakes please try to stay out of court …it is literally a business that runs for a profit on your time and on you dime and on your hardship parental alienation is real legal kidnapping is real medically kidnapping is real legal theft is real elderly kidnapping is real and so many more agencies are involved that make money by legally interfering with your rights freedom and liberty
good luck and be safe also please fill out the form we need voters and member so we can bring reform for the people by the people is not of this era we are a new era for families by families
families must come first" - Fam First Founder of Family 1st.
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