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Archive for the Child Abduction Category

The battle for the family — Front-line news

August 16, 2011 by Walter Schneider.

Prison Planet.com » Police Were Ordered To Stand Down As London Burnedwww.prisonplanet.com

Precisely as we reported yesterday on the back of numerous eyewitness reports, it has now emerged that police were ordered to stand down and let London burn during the first few nights of rioting, an action that quickly led to a frightened public to demand troops on the streets, rubber bullets, …

Marcus Simon’s commentary in relation to the causes of the London riots makes sense. It fits something I read a long time ago. I’ll quote that in the first comment after the pointer to Marcus Simon’s commentary.

ConservativeHome’s Platform: Simon Marcus: Listen to the children

conservativehome.blogs.com

Simon founded the Boxing Academy in 2006 which is based in Tottenham and Hackney. He was also the Conservative Candidate in Barking in 2010, beating the BNP into 3rd place. Before this Simon was involved in small business management and…

Children in Quebec

SOS Quebec - A children’s gulag. Corruption and collusion in the Quebec Youth Justice System and DPJ

www.sosquebec.com

In 2006 over 30,000 children were seized from Quebec families by youth authorities (DPJ)in 2006, processed in secret trials, and placed in institututions or forced adoption programs. Years of secrecy and a total lack of accountability have created a culture of impunity …

Harriet Harman, Lord of the Flies, fatherlessness, lone-mother households, looting by kids and adults, total breakdown of moral order, … take your pick or any combination of any and all of the causes and consequences.

UK riots 2011: Britain’s liberal intelligentsia has smashed virtually every social value

www.dailymail.co.uk

Those of us who warned over the years that they were playing with fire were sneered at and smeared as Right-wing nutters.

People are waking up to the consequences of fatherlessness.

What lies beneath the social unrest in Britain?

networkedblogs.com

A surprising range of people (from British Prime Minister David Cameron to reporters and social commentators) are all pointing at the same fundamental problems in the wake of the riots in the UK–the loss of foundational morality and self-restraint, the breakdown of the family, and fatherlessness. He….

When there are not enough men…

Armenia’s villages of women

www.bbc.co.uk

The Armenian tradition of men going away to work in Russia is leaving whole villages almost entirely populated by women, the BBC’s Damien McGuinness reports.
_______________
A few comments about that:

It begins with men being slandered and vilified. Then they are being discriminated against and marginalized. They leave their families or shy away from wanting families and will go to where the jobs are and more security for men can be found. But that is not all.

Take a look at the consequence of socialism with respect to the life expectancies of the sexes in countries where socialism and “equal” rights for women have made the biggest advances:

________

Differences in the life expectancies of the sexes (2009)

fathersforlife.org

Life expectancy of the sexes as per data collected in the year 2009
________

Mind you, Armenian men are still relatively well off. Their average lifeexpectancy (66 years) is only eight years less than that of Armenian women (74 years)

It follows that the lack of men in Armenia is not only due to many of them having gone to work in Russia, but that many of the absent men quite simply died in far greater numbers than did Armenian women. That provides women with a great advantage. It is much easier to blame dead men for the hardships that must be endured by women.

The fact that Armenian men die in much greater numbers than do Armenian women is of course not worth or smart to mention when raising sympathy for women. It is alright to say that “women’s work is never done” or “never seen”, but sacrifices made by men must *NEVER* be mentioned! We do not wish to destroy the illusion that women are the targets of society’s deliberate neglect and abuse.

Justice for judges — we need more of that.

Pa. judge gets 28 years in ‘kids for cash’ case - USATODAY.com

www.usatoday.com

Pa. judge gets 28 years in ‘kids for cash’ case…

Men’s Issues - Justice for Men

August 3, 2011 by Walter Schneider.

It is difficult to find a better introduction to the issues addressed in this Facebook album on Justice for Men than the following YouTube video (7 minutes, 37,468 views as of 2011 08 03) http://www.youtube.com/watch?v=57EWApOypIQ&feature=player_embedded

Regardless of whether you are a woman or a man, whether you have or are a husband, father, brother, son, uncle or granddad, you need to watch the video.

From the introduction to the YouTube video: “…Societal forces like chivalry, misandry and the onerous male sex role of provide and protect have been having the unfortunate consequence of obscuring the needs of men. This short video will give you an introductory glimpse of some men’s issues.”

Men’s Issues

www.youtube.com

What are men’s issues? Watch this short flash video to get a beginning idea. Societal forces like chivalry, misandry and the onerous male sex role of provide…

Posted in Paternal Rights, Social-Destruction Enterprise, Suicides, Media Bias, Civil Rights, Judiciary, Single-Parent, Marriage, Books & Films, Men and Women Work, Abortion, Feminism, Propaganda Exposed, Child Abduction, Feminist Jurisprudence, Child-Custody Awards, Divorce, Health, Men's Issues, Paternity Fraud | Print | No Comments »

Psych studies ordered for jailed homeschooling dad

January 4, 2011 by Walter Schneider.

WND Exclusive
NEWS OUTRAGE!

Psych studies ordered for jailed homeschooling dad

Just wanted to spend time with state-napped son

Posted: January 01, 2011
10:40 pm Eastern

By Bob Unruh
© 2011 WorldNetDaily

Unspecified psychological studies or evaluations have been ordered for a jailed father who, in violation of the procedures of the government-run social services that instructed police officers to abduct his then-7-year-old son because he was being homeschooled, took him home for a visit….(Full Story)
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The more things change, the more they are the same. “Psychological studies or evaluations” is what the prisoners of the KGB in the Lubyanka were being subjected to. The government held those prisoners for “psychological examinations and treatment”, not that they were being detained for any crimes that they had committed. If the prisoners had committed any crime, it was then as now most likely that they were not thinking and acting along politically-correct outlines, such as that they insisted upon their individual rights and freedoms.

The government in Nazi-Germany was not quite so sophisticated or fortunate in its choice of reasons for the detention of citizens whom it considered enemies of the state. The Germans used the device called “protective custody”, to “protect its political prisoners against harm” from sources other than the government, I guess — harm by the government being quite as alright then in Germany as it is now in Sweden.

So, just to jog my memory and to bring it into line with the program, how is the present totalitarian system in Sweden an improvement over what was in place in the USSR and in Nazi Germany to circumvent and abrogate anyone’s civil rights then?

Posted in Paternal Rights, Civil Rights, Social-Destruction Enterprise, Men's Issues, The New World Order, Feminist Jurisprudence, Child Abduction | Print | No Comments »

The Soviet Story

December 7, 2010 by Walter Schneider.

A friend pointed out the documentary The Soviet Story, about which I had not heard anything yet, most likely because the mainstream media have been largely silent about it. As incredible as that silence may seem, there are probably reasons for it.

The title of the documentary does not sit quite right. After watching the documentary, considering what it covers, namely the history of the soviet regime’s systematic efforts to eradicate a large portion of its population and of the populations of the countries it occupied — prior to its collaboration with Hitler’s regime to that aim, during that collaboration, during the war and during the post-war period — it seems that a little more effort should have been given to devising a better title for the documentary. Perhaps something like “The Soviet Democide”* or, perhaps better, because of its parallels to the holocaust eventually launched by Hitler, “The Soviet Holocaust.” (* Democide – the deliberate extermination of a people by its government.)

According to The Soviet Story, 20 million people or more were deliberately exterminated under Stalin. However, according to sources cited by Professor Rummel, Stalin and some of the other communist leaders in Russia killed about 62 million people between 1917 and 1987.

That is not intended to take anything away from the message conveyed by the documentary: Socialism is deadly because it progresses toward totalitarianism, and absolute power corrupts absolutely. An interesting aspect of The Soviet Story is that it illustrates, by juxtaposing propaganda posters and other aspects from the USSR and from Hitler’s Germany, that, other than the vastly differing scales of the democides by the respective regimes, there were few if any differences in the tactics for promoting democidal programs under either regime.

If you are not sure whether you should watch The Soviet Story, have a look at some of the reviews of the documentary.

It boggles the mind that Stalin could become an ally even though it was already well-known that he had exterminated at the very least 10 million people before Hitler had even started his war of conquest, and that Hitler had done little to begin his program of extermination until Stalin and Hitler began to collaborate in exterminating a large portion of the population of the conquered Poland that they had both invaded and divided amongst themselves.

The facts presented in The Soviet Story are indisputably true. Many historians reported them (e. g.: Rudolf Rummel), but they have not become part of the history with which the students in our education system are being indoctrinated. The reason for that omission is most likely that teachers’ associations and the ideologies driving many lecturers at our universities have solid Marxist roots. It would never do to have Marxism identified as a murderous, democidal ideology. That, of course, is also most likely part of the reason why,

On May 17, 2008 the Russian pro-governmental youth organization Young Russia (Russian: Россия Молодая) organized the protest “Let’s not allow the rewriting of history!” (Russian: “Не дадим переписать историю!”)^[13] in front of the Embassy of Latvia in Moscow. An effigy representing Edvīns Šnore [the director of The Soviet Story] was burnt during the protest.^[14] (Source: Wikipedia)

A DVD of The Soviet Story can be purchased through amazon.com. The documentary is accessible free-of-charge online at MEFEEDIA. (85:33 minutes). Update 2011 04 13: The link at MEFEEDIA no longer functions. Copyright violations or censorship because it is an inconvenient truth? Who knows? Nevertheless, I bought the documentary on DVD and do not regret that I did. I am making sure that it goes around.

Just found another link to an online copy of the documentary that still works.

_____________
See also the following web pages at Fathers for Life:

The Communist Manifesto (2000 05 25), and
UN Population Policies, World Demographics, Job Fatalities and the Extermination of Men (2000 04 25)

–Walter Schneider

Posted in Civil Rights, Books & Films, Child Abuse, Social-Destruction Enterprise, Media Bias, The New World Order, Men's Issues, Child Murder, Child Abduction | Print | 1 Comment »

Child apprehension because of a bagel

October 23, 2010 by Walter Schneider.

Child Protective Services in Pennsylvania removed a one-day old baby from her mother because of a bagel.

Where was the father? No father was mentioned in the story, and the moral is: fathers don’t matter.

Posted in False Allegations, Child Abuse, Maternal Rights, Civil Rights, The New World Order, Social-Destruction Enterprise, Child Abduction | Print | 1 Comment »

Overwhelmed by demands for more child support

October 1, 2010 by Walter Schneider.

Just about every day I receive requests for help with issues relating to child-custody and child-support, often quite a few of such requests on a given day.

The following message is an example, and my response is appended.

On 29/09/2010 1:07 PM, Tom [not his real name] wrote:

Hi guys,

I really need help right now...

The ex is asking for more money after almost 7 year of paiements being done EVERY month. She moved away 12 hours from here, in another province (i live in canada) with her new boyfriend in the army and now tells me she has the kids (2 of them, girl-11 and boy-8) more often blablabla...

No one can tell me what to do or what would i have really to pay... they all say i need to get a lawyer, wich i can not.... no money for that.

i'm 35, has a good job as a tehnician, always paid my pension... i've been screwd many times by layer...i still owe them money... i need help.... thinking about finishing it off real soon...

thanks,
Tom

Hello Tom,

Are you in touch with a fathers rights organization where you live? If not, then check this directory.

Here are links to some articles that contain responses to help requests like yours (found by searching fathersforlife.org for “how to find a fathers-rights organization”)

The actual search will produce links to many more such articles.

Make sure that when you try to find organizations you pick those that have frequent meetings of their members. Attend those meetings and get to know some of the members and their issues. You will then soon learn which of those organizations you find are best.

The men you will meet are at various stages of their custody and support battles. You will learn more from them than you can learn from any lawyer.

Try to get advice on what to do to represent yourself in court.

Get your case into a Court of Queens Bench or into a Court of Justice other than the Family Court. If you need to know why that is so, ask me again, but I suggest that you first try to discuss that with the Fathers rights organizations you find in your area.

Still, if you need to ask me, there is little more I can tell you than what is contained in this article: Freedom, Equality, and Society’s Treatment of Men and Families. That article was found through this search for articles on the subject of the history of the family court.

You may think that I am throwing a lot of reading material at you, and that that does not really help you. If so, consider that you need to understand the context of the difficulties you find yourself in. If you don’t understand that context, then you will not be able to find a solution, and, most importantly, you will not be able to tell your lawyer what he needs to do for you.

Don’t think that it will help you to hire a lawyer and have him do all of that for you. If that is the way you feel will help you, then you may as well sign a blank cheque and let him fill in the amount.

Your relationship to a lawyer is similar to that between you and a building contractor. You are the boss and will have to foot the bills. He work for you, and to be able to do that right, you will need to give him a set of blueprints, agree with him on a price for what he must do for you, when, where, how and why it needs to be done. (For more on that read some of the articles you can find by searching for “how to select a lawyer”.)

Moreover, you will need to make sure that your lawyer does all of that at the right time, in the right place, in the right way and for the right reasons.

You may think that all of that is a lot of work. If so, then you are exactly right. The money involved, alone, makes it important enough that you do all of that work. Moreover, you will have to make sure that the right things are being done for your kids. After all, that is why you became a father, right?

Regards,

Walter

Posted in Paternal Rights, Civil Rights, Child Support, Divorce, Men's Issues, Feminist Jurisprudence, Child-Custody Awards, Child Abduction | Print | No Comments »

Help request: Child abduction and alimony

September 16, 2010 by Walter Schneider.

On 16/09/2010 12:33 AM, [Name omitted] wrote:

Sent from my iPhone

Begin forwarded message:

Hi

I’m a father of two girls … My common law wife took off with the girls 18 mths ago. My life has been he’ll.

I was the stay at home dad … Took care of kids and also worked and gave all money to wife for investments and expenses.

When she left she put a retraining order against me even though I had done nothing …. She simply told me she wishes to move away and is determined not to have me involved in my girls lifes.

I have went bankrupt and the judge states I can see my girls 6 hrs per week. I’m currently on social assistance yet the judge does not feel I should get spousal support even though my ex earned over 120k last year. Judge Curtis is known as a pro feminist and my lawyer says there is nothing left to do. My girls want an ocl involved as they wish to live with me but the judge says no.

What r my options?

Who can help?

This will probably be too long to be displayed on your cell phone, but the next couple of paragraphs should show.

Fathers for Life has a few articles on how to select a lawyer. Check those out and pick a lawyer accordingly.

To explore your option in Ontario, you need to get in touch with Ontario fathers-rights organizations.

Don’t just pick one. Check out several, specifically those that have frequent meetings of their members. You will learn more from them than you can from a lawyer, as they will have reached various points of progress (or lack of it) in their battles. A directory is here.

Get your case out of family court and into a Court of Queens Bench. Family courts are not there to solve family problems but to speed the easy dissolution of families. (Read more on family courts.) Here is a summary of what family courts are all about:

[When no-fault divorce became a reality, it] became soon apparent that the courts could not cope with the flood of divorce applications that caused ever-increasing waiting periods before divorce decrees could be issued. To expedite the dissolution of marriages, family-court systems were implemented throughout the developed nations. Nothing much would have been accomplished by merely shifting venues and leaving the rules of the court intact. Therefore the family-court systems were made to operate without jury trials, without the traditional rules of the court, without rules of evidence, and without the mandatory and constitutionally-guaranteed right of respondents (usually fathers, in family courts) to have legal representation [or even to face their accuser]. Many procedures that had been put into place over the centuries to ensure that anyone could be assured a fair trial thus vanished in the family courts.

That, too, was nothing new. All totalitarian regimes that were obsessed with the eradication of enemies of the state did the same when they created their people’s courts. We can’t be certain that the example of the people’s courts in totalitarian states was used as a model for the more recent creation of the branch of the judiciary in which the rules of law could be held in abeyance and circumvented. One thing is certain; all of that worked fine and produced fine results.

The enormous and overwhelming backlog of divorce applications got soon cleared, and the process of the dissolution of marriages has been operating with great speed and efficiency ever since. In some countries (e.g.: the U.K.) the process operates behind closed doors, ostensibly to protect the interests of the children, although it should be quite obvious to anyone reading this who is being protected….(Source: Freedom, Equality, and Society’s Treatment of Men and Families)

All the best,

Walter
Fathers for Life
Dads & Things

Posted in Civil Rights, Maternal Rights, Violence by Proxy, Paternal Rights, Divorce, Feminist Jurisprudence, Child-Custody Awards, Men's Issues, Child Abduction | Print | 2 Comments »

FACTS EVERY ONE SHOULD KNOW ABOUT DESERTION

September 7, 2010 by Walter Schneider.

Guest post by Roger Eldridge, National Mens Council of Ireland

Note by F4L: I am not a legal expert in such matters, but, having gone through the experience of being deserted, some years ago, I am quite confident that what Roger describes applies as well in Canada and perhaps also in other nations.

Roger has told it well, and it should be shown to as many people as possible. –Walter

It is very clear when discussing their difficulties with callers to our help-line that many - men in particular - are very confused about the difference between separation and desertion. This is not their fault as the legal profession have made it their business to eliminate the word and concept of “desertion” from all family law proceedings. I sat in with a member of our Family Integrity and Marriage Reconciliation (FIRM) Self-Help Group when he went to discuss with his solicitor what he could do. Despite the facts supporting it, whenever he described himself as being “deserted” his own solicitor got very cross with him and told him that the judge would be very angry if he ever said anything like that in court. When he tried to talk about it further his solicitor told him that she will not represent him if he ever used the word again!

Hopefully the information given below which has been taken directly from three different legal sources will clear people’s heads and stop them mistakenly believing they are “separated” when really they are “deserted”.

The reason why solicitors create this confusion is because they have been assisting spouses who are the deserters to profit at the expense of the actual deserted spouse for the past thirty years. They tell the deserted spouse that the other spouse - the actual deserter - is entitled to separate and tell them that they should just accept that they are now “separated” and deal with it. By doing this the deserted spouse loses everything and especially is seen to be going along with the breakdown of the marriage instead of getting help to reconcile it.

Some of the most important aspects of family law are the provisions for maintenance. It is a duty of spouses to maintain the family home and the other spouse and children living there. If one of the spouses deserts the family they are still held to this duty and are forced to pay money for the maintenance of the deserted household. Logically and in the statute there is a bar to a deserter receiving such maintenance.

However the law is being operated by solicitors so that the husband is always the one ordered to pay maintenance to his wife regardless of who is guilty of desertion. This creates an ever lengthening queue of wives outside solicitors’ offices who are led to believe that they can just walk out on their marriage and still be kept in the style (or better!) they were when they were acting as a wife in the home. They are told to ensure they keep the kids with them and refuse to let them stay at home even though the law presumes that the children should be at home. This has been used for many years as a sort of “gray area” which is used to justify the “legitimise” the deserter and get money from the deserted spouse for the maintenance of the children. Solicitors advise their deserted clients to pay this money even though it is against their best interests and those of the children in the long run.

In all of this confusion and corruption of the law any chance of a reconciliation of the family is buried in anger and injustice. This has to stop.

Please pass the information below to anyone you know who is having problems in their family (i.e. by now almost everyone!) and let them know that we are available to talk to them and assist them to resist the worst practices of the courts. This is the necessary first step before moving on to the more important one of helping them to reconcile their marriage. When leaving a marriage doesn’t bring instant rewards it gives people a chance to rethink their plans. It is this critical period of time that needs to be seized upon if we are ever to stop the wanton dismemberment of families and destruction of society.

God bless, Roger Eldridge

Chairman, National Mens Council of Ireland

Executive Director, Family Rights and Responsibilities Institute of Ireland

National Office: Knockvicar, Boyle, Co. Roscommon

Website: www.family-men.com Email: familymen@eircom.net

Telephones: 00353 (0) 7196-67138, 00353 (0) 83-3330256

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http://www.the-divorce-directory.com/article_desertion.html

DESERTION

Desertion, known in some states as abandonment, is considered grounds for divorce in states that have fault divorces. There are two types of desertion, actual desertion and constructive desertion. Both types of desertion must be continuous and uninterrupted for a specific period of time between one and five years depending on the state.

The most obvious situation which would constitute desertion is when one spouse leaves without a trace, never comes back and never again makes contact. However, there are other situations which constitute desertion.

Desertion vs. separation: Desertion is not the same as separation. In a separation both spouses consent to living apart. Desertion only occurs when one spouse does not consent to the separation.

The necessary elements to establish desertion include:

• No longer living in the same residence

• No longer having sexual relations

• Deserting spouse intends to end the marriage

• Deserting spouse was not justified in leaving the residence

• Deserted spouse did not consent to the desertion • Desertion has been continuous and uninterrupted for the amount of time designated by law in your state

Actual desertion vs. constructive desertion

In actual desertion the deserting spouse leave the home. Constructive desertion occurs when the deserted spouse leaves due to unbearable conditions at home caused by the other spouse. Combined with the above elements of desertion, depending on the state, conditions for constructive desertion can include:

• Physical abuse

• Mental cruelty

• Adultery

• Nonsupport

• Unjustified refusal to have sexual relations for a significant period of time

• Knowing transmission of a venereal disease

Couples contemplating divorce should be cautious about moving out of the residence in a manner which can be claimed as desertion. To avoid a claim of desertion both parties must agree to the separation and should provide each other with contact information.

The desertion period must be continuous and uninterrupted. One night spent under the same roof or one meeting for sexual relations can be considered an interruption in the desertion period, and the required length of time would start over after that date.

Exceptions

Unintentional abandonment is not considered desertion. If a spouse goes missing for a specified period of time, and efforts to find the spouse are unfruitful, the abandoned spouse may obtain a divorce. However, situations such as military personnel missing in action do not constitute desertion.

If you are facing or contemplating divorce, have been forced out of your home or have been abandoned by your spouse, contact an experienced divorce attorney today.

******

Desertion Grounds

Desertion must be proven by a preponderance of the evidence. There are two main elements to prove to establish abandonment/desertion grounds for divorce; (1) the actual breaking off of the matrimonial cohabitation (abandoning the usual marital duties, not just sexual intercourse must be established), and (2) the intent to desert the marriage.

The breaking off of matrimonial cohabitation means that the couple must actually have separate addresses, and not just maintain separate sleeping arrangements. Ceasing to engage in sexual intercourse, even without just cause, does not constitute desertion. But where there is a significant abandonment of marital duties, which results in practical destruction of home life, a party may be guilty of desertion.

The second element to establish abandonment/desertion is the intent to desert the marriage. The desire to separate is not necessarily synonymous with the intent to desert the marriage. Where the parties separate by “mutual consent,” neither party has established grounds for desertion. If the person deserting cannot legally justify the desertion, then proof of the actual breaking off of the matrimonial relationship with the intent to desert entitles the other spouse to a divorce.

“Constructive desertion” involves actions or conduct resulting in the other spouse’s forced separation. To prove constructive desertion, the spouse leaving the home must prove that the misconduct by the spouse remaining in the home constitutes grounds for divorce. Traditionally, this spouse must show that the remaining spouse conducted himself/herself in such a manner as to provoke the leaving.

It should be noted that excessive alcohol consumption not sufficient, standing alone, to constitute constructive desertion, nor is demanding that a spouse leave is not constructive desertion. Generally speaking, a spouse is not justified in leaving the other just because there has been a gradual breakdown in the marital relationship or because the parties are unable to live together in peace and harmony. The party claiming justification for leaving has the burden of proving it, unless the justification appears from the testimony given by the other party.

Defenses to desertion include (1) agreement, (2) recrimination, (3) justification, (4) pending divorce case, or (5) relocation of spouse.

Agreement: When the separation is by consent or agreement, or is acquiesced to by the other spouse, there is a presumption that the separation by consent continues until a spouse withdraws the consent and offers to resume the cohabitation. Refusal without justification will give rise to desertion.

Recrimination: Where the deserted party as well as the deserting party is guilty of a fault ground, the deserted party is barred from a divorce on the grounds of the desertion.

Justification: Where there is violence, even though the acts do not amount to cruelty, there may be a sufficient basis to constitute a fault ground for divorce.

Pending divorce case: A spouse is not guilty of desertion where the leaving takes place after the divorce case has been instituted and during the pendency of the case.

Relocation of spouse: A spouse is no longer expected to follow the other spouse’s change of abode, and the refusal to follow to relocate is not desertion.

******

http://legal-dictionary.thefreedictionary.com/desertion

DESERTION

The act by which a person abandons and forsakes, without justification, a condition of public, social, or family life, renouncing its responsibilities and evading its duties. A willful Abandonment of an employment or duty in violation of a legal or moral obligation.

Criminal desertion is a husband’s or wife’s abandonment or willful failure without Just Cause to provide for the care, protection, or support of a spouse who is in ill health or necessitous circumstances.

Desertion, which is called abandonment in some statutes, is a divorce ground in a majority of states. Most statutes mandate that the abandonment continue for a certain period of time before a divorce action may be commenced. The length of this period varies between one and five years; it is most commonly one year. The period of separation must be continuous and uninterrupted. In addition, proof that the departed spouse left without the consent of the other spouse is required in most states.

Ordinarily, proof of desertion is a clear-cut factual matter. Courts generally require evidence that the departure was voluntary and that the deserted husband or wife in no way provoked or agreed to the abandonment. Constructive desertion occurs when one party makes life so intolerable for his or her spouse that the spouse has no real choice but to leave the marital home. For an individual to have legal justification for departing, it is often required that the spouse act so wrongfully as to constitute grounds for divorce. For example, a wife might leave her husband if she finds that he is guilty of Adultery.

In desertion cases, it is not necessary to prove the emotional state of the abandoning spouse, but only the intent to break off matrimonial ties with no animus revertendi, the intention to return.

Mere separation does not constitute desertion if a husband and wife agree that they cannot cohabit harmoniously. Sexual relations between the parties must be totally severed during the period of separation. If two people live apart from one another but meet on a regular basis for sex, this does not constitute desertion. State law dictates whether or not an infrequent meeting for sexual relations amounts to an interruption of the period required for desertion. Some statutes provide that an occasional act of sexual intercourse terminates the period only if the husband and wife are attempting reconciliation.

Unintentional abandonment is not desertion. For example, if a man is missing in action while serving in the Armed Services, his wife may not obtain a divorce on desertion grounds since her spouse did not intend to leave his family and flee the marital relationship. The common law allows an individual to presume that a spouse is dead if the spouse is unexplainably absent for a seven-year period. If the spouse returns at any time, the marriage remains intact under common law.

Laws that embody the Enoch Arden Doctrine grant a divorce if evidence establishes that an individual’s spouse has vanished and cannot be found through diligent efforts. A particular period of time must elapse. Sometimes, if conditions evidencing death can be exhibited, a divorce may be granted prior to the expiration of the time specified by law.

In some jurisdictions, the law is stringent regarding divorce grounds. In such instances, an Enoch Arden decree might be labeled a dissolution of the marriage rather than a divorce.

Upon the granting of an Enoch Arden decree, the marriage is terminated regardless of whether or not the absent spouse returns. Generally, the court provides that the plaintiff must show precisely what has been done to locate the missing person. Efforts to find the absent spouse might include inquiries made to friends or relatives to determine if they have had contact with the missing spouse, or checking public records for such documents as a marriage license, death certificate, tax returns, or application for Social Security in locations where the individual is known to have resided.

Desertion is frequently coupled with non-support, which is a failure to provide monetary resources for those to whom such an obligation is due. Nonsupport is a crime in a majority of states but prosecutions are uncommon.

desertion n. the act of abandoning, particularly leaving one’s spouse and/or children without an intent to return. In desertion cases it is often expected that a deserter who is the family breadwinner may not intend to support the family he/she left. Such conduct is less significant legally in the present era of no-fault divorce and standardized rights to child support and alimony (spousal support). Desertion can influence a court in determining visitation, custody and other post-marital issues.

desertion noun abandonment, abandonment of allegiance, abjuration, absence without leave, act of forsaking, apostasy, AWOL, defection, departure, derelictio, disloyalty, flight, forsaking, forswearing, leaving, mutiny,quitting, recreancy, renouncement, renunciation, repudiation, resignation, secession, unlawful departure, willful abandonment

Associated concepts: constructive desertion, willful desertion

See also: absence, dereliction, disloyalty, flight, infidelity, revolt, schism, sedition

DESERTION, torts. The act by which a man abandons his wife and children, or either of them.
2. On proof of desertion, the courts possess the power to grant the ‘Wife, or such children as have been deserted, alimony (q.v.)

DESERTION, MALICIOUS. The act of a husband or wife, in leaving a consort, without just cause, for the purpose of causing a perpetual separation. Vide Abandonment, malicious.

A Law Dictionary,
Adapted to the Constitution and Laws of the United States.
By John Bouvier. Published 1856.

******

“It might be said that it is perverse for a divorce lawyer and family court judge to be espousing laws and policies which will reduce family breakdown, and with it the need for such services. Like most family lawyers, I have seen at first hand too many of the consequences of family breakdown and too many consequences of the impact on children. If one result of these proposed reforms is less need for divorce lawyers then most in society will rejoice!”

CHAIRMAN’S FOREWORD

David Hodson,
Chairman of the Family Law Review,
Centre for Social Justice

Posted in Civil Rights, Child Support, Maternal Rights, Parental Alienation, Paternal Rights, Divorce, Family, Child-Custody Awards, Men's Issues, Child Abduction | Print | No Comments »

Judge dismisses Lloyd EPO

September 3, 2010 by Walter Schneider.

Judge dismisses Lloyd emergency protective order (EPO), due to the ex-wife having made false allegations, but as of now no decision has been made as to which of the two parents will have custody of the child at the core of the dispute. That, according to the judge in Fleming County District Court, is up to the circuit court to decide.

The Ledger Independent
2 September 2010

Judge dismisses Lloyd EPO
By Misty Maynard, Staff Writer Ledger Independent

FLEMINGSBURG - Questions concerning custody of a daughter linger, but an emergency protective order secured by Fleming County Hospital Chief Executive Officer Davie Lloyd against ex-husband Brett Lloyd was dismissed during a hearing Thursday in Fleming County District Court….

During the EPO hearing, Hill pressed the judge for a ruling as to whether Brett Lloyd could secure the child, citing an order from the Montana First Judicial District Court that amended the parenting plan established at the time of the couple’s divorce. However, Probst said the issue of custody should be addressed in circuit court.

“Where it goes, I don’t control,” he said.

The original parenting plan established in 2004 allowed Brett Lloyd visitation every other weekend and for two weeks in the summer, as well as on alternating holidays. The new parenting plan, based on the new Montana ruling, established that the child should reside with Brett Lloyd, “subject to Davie’s parenting time, which shall be supervised and in the state of Montana.”

The new plan requires Davie Lloyd to have supervision during visitation because she “deliberately and maliciously” interfered with her ex-husband’s parental rights.

“Further, Davie is considered a ‘flight risk,’ having moved the minor child from one state to another and refusing to inform Brett of her physical location,” according to the plan….(Full Story)

Posted in Judiciary, Maternal Rights, False Allegations, Paternal Rights, Shared Parenting, Child Abduction, Child-Custody Awards, Women's Violence | Print | No Comments »

On-going custody battle

April 5, 2010 by Walter Schneider.

Today a deserted and frustrated father wrote to me about his on-going attempts to follow his ex for thousands of miles, so as to be able to continue to play a role in his daughters’ life.

While the man was involved in custody hearings in a province in Central-Canada, his ex-common-law-wife had moved to a city in Western Canada.

Here is my response.

Hello Bill (not the real name),

As I read your account, the first thing that came to my mind is that you described a case of parental kidnapping. Of course, I have no way of knowing whether a visitation agreement was in place then (you stated that you were fighting for one) and whether the visitation order included a provision for prohibiting one or the other parent from moving away from the other, beyond a specified distance or travelling time.

I am getting a bit too old for all of this (I am 73), but it appears that you are quite right, you need to get in touch with people in your locality. There used to be about three organizations in Calgary that were active, but lately I have not heard much from or about them (MESA, Family of Men and ECMAS).

Here is the latest list I know that contains links to Alberta organizations, some of whom are located in Calgary.

http://www.canadianequalparentinggroups.ca/

From that:

Alberta
Fathers For Life (ours, near Edmonton)
Family of Men Support Society (Calgary)
Men’s Educational Support Association (M.E.S.A.) (Calgary)
Movement for the Establishment of Real Gender Equality (M.E.R.G.E.) (Edmonton, but that organization focuses primarily on equitable “gender” rights for all seven “genders”)
Orphaned Grandparents Association Resource Centre (near Edmonton, as far as I know)
The Equitable Child Maintenance and Access Society (E.C.M.A.S.) (Edmonton chapter; the founder was the same as that for MERGE; there was once a separate Calgary chapter that formed a separate organization under the same name after a rift with the Edmonton chapter had developed)

A few observations on Fathers Rights or Parenting Rights organizations

There are close to 50,000 active case files that are being held by Alberta Maintenance Enforcement. Roughly one-third of those involves cases in the Calgary area, another third involves cases in the Edmonton area, and the remaining third involves the rest of the province.

I have been actively involved with fathers rights since about 1990, which led me in about 1994 to begin with the website Fathers for Life.

Right from the start I noticed that there was hardly ever more than about a dozen or a little more of truly active fathers rights activists in Alberta. The largest public demonstrations that were ever held (in one case a picketing action in front of Anne McLellan’s constituency office) mustered no more than about 60 picketers from a large variety of organizations of whom some only remotely ever worried about fathers rights.

It can be argued that personal agendas and lack of charisma of the leaders led to low membership numbers of various Fathers Rights or Parenting Rights organizations, but it would be wrong to put too much blame in that respect on the leaders of such organizations.

The problem is universal. It applies in all major Canadian cities and in all provinces across Canada. The apathy exists as well in all of North America and throughout all of the developed nations. Increasingly, the general apathy emerges in the developing nations.

It may be looked at as battle fatigue by people who wish to uphold family values in a culture that actively promotes an all-out war against the family; there is that and much more involved. The website of Fathers for Life extensively explores the concept of the war against the family and related concepts that apply.

The fact remains that not only active participants and victims of judicial persecution such as you are largely apathetic, but that the general public is apathetic as well. There is not a ground-swell of support for the family. The lack of public support means that politicians do not have to give pro-family sentiments a great deal of attention, which is the major reason why for every dollar of funding for programs and actions in support of the family there are about a thousand dollars of funding to sponsor programs and actions that aim at dismantling and systematically deconstructing the institution of the traditional nuclear family.

Given the lack of concern by politicians, a plethora of government agencies has a free hand to pursue its family-hostile aims. Those aims — let there be no mistake about it — strongly lean toward the extreme radical left. Their leanings are strongly Marxist. Marxism has throughout its existence been strongly anti-family. That is not too surprising, as the historical roots of Marxism (an age-old yearning toward Paradise on Earth, that is, a socialist Utopia) have always been strongly anti-family. Socialism, especially in totalitarian socialist regimes throughout history aimed at best at strong state-control of the family and at worst at the total abolition of the family.

Igor Shafarevich, a world-renowned mathematician and a contemporary of Alexander Solzhenitsyn expressed those ideas best, in his book The Socialist Phenomenon.

It would seem that socialist ideology has the ability to stamp widely separated or even historically unlinked socialist currents with indelible and stereotyped markings.

It seems to us quite legitimate to conclude that socialism does exist as a unified historical phenomenon. Its basic principles have been indicated above. They are:

Abolition of private property.

Abolition of the family.

Abolition of religion.

Equality, abolition of hierarchies in society.

The manifold embodiments of these principles are linked organically by a common spirit, by an identity of specific details and, frequently, by a clearly discernible overall thrust.

Our perspective on socialism takes into account only one of the dimensions in which this phenomenon unfolds. Socialism is not only an abstract ideological system but also the embodiment of that system in time and space. Therefore, having sketched in its outlines as an ideology, we now ought to be able to explain in what periods and within what civilization socialism arises, whether in the form of doctrine, popular movement or state structure. But here the answer turns out to be far less clear. While the ideology of socialism is sharply defined, the occurrence of socialism can hardly be linked to any definite time or civilization. If we consider the period in the history of mankind which followed the rise of the state as an institution, we find the manifestations of socialism, practically speaking, in all epochs and in all civilizations. It is possible, however, to identify epochs when socialist ideology manifests itself with particular intensity. This is usually at a turning point in history, a crisis such as the period of the Reformation or our own age. We could simply note that socialist states arise only in definite historical situations, or we could attempt to explain why it was that the socialist ideology appeared in virtually finished and complete form in Plato’s time. We shall return to these questions later. But in European history, we cannot point to a single period when socialist teachings were not extant in one form or another. It seems that socialism is a constant factor in human history, at least in the period following the rise of the state. Without attempting to evaluate it for the time being, we must recognize socialism as one of the most powerful and universal forces active in a field where history is played out.

[200]

Igor Shafarevich
The Socialist Phenomenon, [7] p. 200

All of that is a lot of information you did not ask for. However, I feel that the best service I can provide for you is to put your personal experiences regarding the futility of your attempts to enforce your paternal “rights” into the context of the history of the social evolution and the apparent current decline of civilization.

Posted in Paternal Rights, Civil Rights, Judiciary, Social-Destruction Enterprise, Child-Custody Awards, The New World Order, Feminist Jurisprudence, Child Abduction | Print | 1 Comment »

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Psych studies ordered for jailed homeschooling dad

Psych studies ordered for jailed homeschooling dad

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Child apprehension because of a bagel

Overwhelmed by demands for more child support

Help request: Child abduction and alimony

FACTS EVERY ONE SHOULD KNOW ABOUT DESERTION

Judge dismisses Lloyd EPO

On-going custody battle