From jmurtari at AKidsRight.org Mon Nov 21 11:43:42 2005 From: jmurtari at AKidsRight.org (John Murtari) Date: Mon Nov 21 11:45:06 2005 Subject: [AKidsRight.Org] Big Brothers/Sisters needs adult for your child - but not YOU! Message-ID: <17281.63806.36438.215564@hammer.thebook.com> Good People & People of Faith, If it isn't bad enough to be separated from your kids and not able to see them -- how would you like to visit a website, or get the Newspaper and see a picture of your child on the front page and read they want a Big Brother/Sister -- but you don't count! Imagine reading that your former husband says your daughter needs another 'female' involved in her life as a friend (at the same time they are blocking your relationship with your child in Court!). Would it be too much? A brief message triggered by a Big Brothers/Sister story that appeared on MSNBC, http://msnbc.msn.com/id/9956943/ If that link does not work we have a copy at our web site: http://www.AKidsRight.Org/sandifer.htm It was a Front page story in the Colorado Springs Gazette. http://www.gazette.com/ This happened to Mike Sandifer who happens to be a personal friend. This is part of what he read: "A couple of weeks ago, Aaron (Sandifer) sat on the bench for part of football practice because his mom was late in getting him there. She's working full time, going to school to earn her bachelor's degree and raising Aaron and his older sister alone. "It's a juggle," she said. "I seem like I'm stressed to the end." She said her son needs an adult male role model who can offer him different perspectives. Aaron is a good kid but had run into trouble for what his mom calls "bucking authority." In elementary school, his antics included throwing ketchup packets on the street and watching them explode as cars ran over them. He'd also act out in class and smart off, his mom said. His behavior landed him several suspensions, although he and his mom say he's stayed out of trouble this school year. Aaron said he'd like someone to turn to for advice and to compare notes about what they went through in middle school. He'd like someone who enjoys sports." I called Mike to ask him the details. He told me a friend had alerted him to the story. Mike has three older children (with a prior wife), and one of them, Chris Sandifer, is married with children and lives in Colorado Springs about 5 minutes from Aaron's home. He is a football coach, the offensive coordinator for the Colorado Wolfpack, a semi-pro team. He called the Big Brothers/Sisters coordinator and said he'd be happy to volunteer and mentor his half-brother! After checking, his request was turned down. As many of us would expect Mike's former spouse did not want Aaron in contact with any of that family. The coordinator took Aaron off the list after the turn down. A bit more on Mike: He started writing me during some of my time in jail. He also shared his experiences. Although 'visits' were ordered with his son, they were not happening, and try as he might in Court, he could not get it enforced. During this time he stopped paying support in protest and ended up serving jail sentences on four different occasions. He finally reached his limit and left Colorado. He is still working for reform. I asked Mike if he had considered going back to Colorado Springs now that this story had run. Try to take a public stand. Probably still end up in jail, but really let his son know that he is trying. He told me he preferred to work in the background. He was afraid that if he went back there would be no News story, they would just throw him in jail again (and potentially for a longer period). His son might not hear of it. What good would that be? What would it accomplish? Good questions: What good would that be? What would it accomplish? What would you do? Feel free to contact Mike: MDSandifer@aol.com Rights Trampled - what to do? ----------------------------- Along with Mike, we have a couple of more stories here from a Mom and Dad. What to do? --- Mansoor Syed > Thanks for the info. Today its unfortunate moment for me and I am > sad. On 6th Birthday of my son Its 98 days now I have not seen my > kids. Is it called justice. I fail to understand and even I can not > speak out due to publication ban. In which world I am living. > I don't know. Very sorry to hear about your situation. For some of our members it has been 99 month's since they have seen their kids -- but what can they do? What can you do? I know what a gut-wrenching feeling it is. It can tear you apart or just make one very bitter for the rest of their lives. Pardon me if I challenge some of your thoughts -- but maybe it will give you a different perspective. It is not that you 'can not speak out.' To be accurate, it is you are afraid of the consequences if you speak out and violate a 'ban'. How much of a valued right is it to be involved with your kids? If you were about to be dragged into 'slavery' -- would you violate a ban about speaking out? 'In which world I am living?' -- well, perhaps one in which individual parents do not have the Faith that anything they do will matter? When more of us start acting and demonstrating that being a parent to our kids is the MOST important thing in our lives -- change will happen. If you have time take a look at some of the material we have at http://www.AKidsRight.Org/civil_back.htm Your thoughts? Don't use my name! ------------------ > I just read your letter to Hillary Clinton and though my situation > is different and I am not from NY I would like to know what I can do > to help your cause and help change the laws. My husband is now > serving 6 months in a federal prison for back childsupport. I'm > sure you have heard the story before,his ex took off with his > daughters, remarried and raised them with her new husband using his > last name. When he did find them and tried to help his daughters, > the youngest living with him the last three years of high school all > money was considered a gift. > Both daughters are grown now and have little to do with their father > because of their mother. Trust me when I say that I can see both > sides, though I did not keep my children's father from seeing them > and I tried very hard not to put their father down because he was > their father and when the State after 17 years tried to collect the > back childsuppot owed I didn't push it because it would have hurt my > children who had been hurt enough but I do understand the anger and > bitterness that goes on for years and hurts no one but the children. > My husband can never get back the years he has lost with his > daughters and he may never have the relationship he should have had > with them or his grand children and the ones who lost out are the > children. He is a wonderful man, he has been there for my children > and my grand daughter thinks the sun rises and sets around him, > something his own children will probably never know. > Why is there no limitation on Childsupport, no exceptions and yet > the parent that loses out on seeing their children have no legal > recourse. The courts aren't going to wast their time to try and > locate a parent who leaves with their children, and if a parent with > custody chooses to keep their children away from the other parent > and raise them with another partner using their name why should she > be able to collect childsupport. It cost her nothing to make our > lives a living hell ( please excuse the language) and on top of > paying her for the rest of our life it has cost us thousands in > legal fees. I don't think there is anything we can do that will > help our situation but if I can do something to help change the > lives of others that are in the same situation I would like to do > what I can. > I did put my name on the list to be contact for this area and am > sending you husbands address for your mailing list just please don't > put his address on the internet. This has already hurt his business > and many people don't realize that child support can get you Federal > time. Thanks for getting back with the info; unfortunately, if you don't want it on the Internet there is not much I can do with it. Our list messages are archived and visible on the Web. We aren't really a support group, but a public action group of folks willing to share their stories. I certainly understand your reasoning in wanting to keep this private and that is not a problem at all. We all have different situations. If it comes a time where you and your spouse would like to go public with what happened, please let me know. -- John Murtari ____________________________________________________________________ Coordinator AKidsRight.Org jmurtari@AKidsRight.Org "A Kid's Right to BOTH parents" Toll Free (877) 635-1968(x-211) http://www.AKidsRight.Org/ From webmaster at AKidsRight.org Mon Nov 28 14:37:26 2005 From: webmaster at AKidsRight.org (AKidsRight.Org Webmaster) Date: Mon Nov 28 14:41:27 2005 Subject: [AKidsRight.Org] Galluzzo to 6th Circuit / Canadian Rally / Reform in Wisconsin & Michigan / Canadian Superheros climb Message-ID: <17291.23670.751551.427546@hammer.thebook.com> Good People & People of Faith, This message contains info on: 1. Galluzzo Update - Oral Arguments Nov 30, you're welcome to attend! 2. Canadian Rally for Reform - Dec 17th 3. Reform Bill in Michigan - strong legislation for equality. 4. Reform Bill PASSED Assembly in Wisconsin - making move-away harder. 5. Superman & The Hulk - climb crane in British Columbia, Canada. If you have an event you would like sent out on our list (over 5000 members), please complete the submission form at: http://www.AkidsRight.Org/events.htm 1. Galluzzo Update - Oral Arguments Nov 30, you're welcome to attend! --------------------------------------------------------------------- [NOTE: check the web site link below, it appears oral arguments were cancelled (but the case will still be decided). The link below contains the actual filings and you will find interesting reading. This is a Federal Case before the 6th Circuit Court of Appeals. You may wish to check with Harry - Ed.] Submitted by: Harry The Galluzzo case is the most advanced and promising case in the fathers' rights movement for Equal Parenting. Mike is at the frontline in this fight. Anyone in the vicinity of Cincinnati, Ohio, please show him our support. May God help us all... Harry Link: http://www.pacegroup.org/pacegroup_075.htm ... We have a date in Court for oral arguments in Galluzzo v Champaign County, et el. The court has set November 30, 2005 for Oral Arguments in this case at the Federal Court House in Cincinnati, Ohio. This is the case in federal court challenging the constitutionality of Ohio's custody law and the implications are much larger that just for the state of Ohio since nearly every State law concerning the custody of children for single or divorced parents are virtually the same. This case has the possibility on rocking the Status Quo for EVERY single parent in the country in the way the Brown V. Board of Education did for the minorities and their education. 2. Canadian Rally for Reform - Dec 17th ---------------------------------------- Submitted by: office@f4j.ca Date-Time:: Saturday December 17, 2005 Location:: Canada Group-Name:: Families-4-Justice Canada Society Web-Site:: http://www.f4j.ca/Santa_March-4-Family_Justice.htm Description:: Santa's suits and other costumes for a Santa March-4-Family Justice. Log on to http://www.f4j.ca/Santa_March-4-Family_Justice.htm to register for a march in your city. This event is for all groups. The 2004 event was a smashing success. Please go to the web page and view the national video coverage from the 2004 event. See you there. 3. Reform Bill in Michigan - strong legislation for equality. ------------------------------------------------------------- Submitted by: Darrick Scott-Farnsworth http://www.legislature.mi.gov/documents/2005-2006/billintroduced/house/htm/2005-HIB-5267.htm This is the current bill that we are focused on trying to get out of committee in Michigan's state house. Here is a link off the site for the total agenda: DADS OF MICHIGAN PAC 2004 LEGISLATIVE AGENDA Another couple of bills that we are trying to get passed are: HB 4161 of 2005 and SB 0714 of 2005 . I have seen your website and I agree to what I did get a chance to read. - Darrick 4. Reform Bill PASSED Assembly in Wisconsin - making move-away harder. --------------------------------------------------------------------- Submitted by: Dr. Malcolm Hatfield, M.D. http://www.wisconsinlkd.org/ This bill makes several Changes to WI Statutes ??767.327, relating to moving with a child. Current Wisconsin law allows a parent with primary placement to move up to 150 miles without notifying the other parent. This bill would change that requirement to 20 miles, provided that they already live within that distance from each other. Once notice is given, the other parent has the right to object. Upon receiving the objection, a parent may not move with the child until the matter is resolved by the court. However, the current law is weak, so judges typically ignore it. If a parent moves before the matter is resolved, this bill would require the court to hold that parent in contempt and pay the legal fees of the non-moving parent. Current Wisconsin law puts the burden of proof on the parent that is not moving. This bill would change the burden of proof to the parent that is moving with the child, only in those cases where both parents have at least 10% placement. This bill creates a presumption that it is in the child best interest to remain in the community to which the child has become adjusted. This bill also would require the court, if it does not prohibit a move, to order the moving parent to pay for transportation costs. -- Published Letter to the Editor (Nov 9) The Journal Times Important Family Legislation: Assembly Bill 400 is an important bill that is scheduled for floor debate and vote on November 9. This bill is pro-family because it requires the parent who "won" the kids, child support, and control of the children's lives after divorce to obtain court permission before moving the children more than 20 miles from where they presently live. Currently, the parent who "wins" in family court is allowed to move up to 150 miles away with the kids. The "loser" parent is forced to stand and wave good-bye. This allows one parent to further alienate and remove the kids from the other parent's life. In addition, this new bill places the burden of proof on the "winner" parent to prove to the court how the move will be in the child(ren)'s best interest. Currently, if the "winner" parent wishes to move out of State or more than 150 miles away, the burden of proof is on the "loser" parent to show how the move would harm the children. AB 400 is pro-family legislation that serves as another step closer toward giving parents their Constitutional Right to equality not only before divorce, but also AFTER divorce. As a "loser" parent who had to wave good-bye as my child was allowed by the court to move out of State, I have contacted my assembly person in support of this bill so that future "loser" parents will have more access to their child(ren). Visit: www.wisconsinlkd.org/action.htm to contact your assembly person and support this bill. -- Published Letter to the Editor (Nov 14) - Bill PASSES Update on AB 400 I personally attended the assembly session today on the child(ren)'s move away bill, AB 400. There was heated debate on the bill that lasted about 30 minutes. There were four democrats who spoke against the bill. Their argument was spearheaded by Rep. Kessler who said, "The system is working...this is too big of a change". "What about domestic abuse?" "How do you protect one spouse against the other?" "We must put the children first". There were three republicans who spoke in favor of the bill. Their argument was spearheaded by Rep Kestell, Lasee, and Albers. They said, "The system is broken because half of all children of divorce have zero contact with their fathers." "This is a significant change that is needed." "If there is a proven, ongoing record of domestic abuse, I can't think of a judge who would use this law to allow continued abuse." "We must put the children first". The final vote came down to party lines. The bill passed with a vote of 57-38. There were four democrats who crossed party lines to pass this bill. Next the bill must be passed by the Senate and then signed into law by Governor Doyle (Democrat). Some republicans expect a veto from him. This issue should cross both party lines, but unfortunately it doesn't. Please write our Governor and your State Senator on this issue. For more information on today's vote visit: http://www.legis.state.wi.us/insession/assembly/index.htm --------- Submitted by: Stephen Patrick Here in Wisconsin we are making progress towards legislation that will severely restrict the need for articles such as this. Hopefully, if this passes and gets signed by the Governor other states can use it as a blueprint. Rep. Steve Kestell, the principal author of AB-400 (Move-away legislation recently passed in the Assembly) spoke at our General Members meeting last night and indicated that now is the time for us to begin contacting Senators for support of this important bill. Each of us should contact our Senators now and ask them to to support AB-400 The bill has been assigned to the Committee on Health, Children, Families, Aging and Long Term Care in the Senate. Please contact the members (listed below) of this committee and urge them to support this legislation. This is especially important if you are a constituent of the Senators listed. Committee on Health, Children, Families, Aging and Long-Term Care Senator Roessler, chairperson (608) 266-5300 Capitol 8 South Senator Darling (608) 266-5830 Capitol 316 South Senator Brown (608) 266-8546 Capitol 409 South Senator Erpenbach (608) 266-6670 Capitol 19 South Senator Carpenter (608) 266-8535 Capitol 126 South 5. Superman & The Hulk - climb crane in British Columbia, Canada. ----------------------------------------------------------------- Submitted by: Feminist4Fathers http://feminist4fathers.blogspot.com/ Fathers4Justice-Canada 's Superman and The Hulk scaled the New Westminster Supreme Court crane to protest inequality and injustice in the family courts and to mark Universal Children's Day 2005 At 5:45 AM the morning of November 19th the BC Hulk and Superman entered a construction site on Carnarvon street in New Westminster BC and after first climbing atop a shack proceeded to climb down into a 50 foot hole in the ground, only to climb back out upon a tower crane 150 feet in the air. The fog was extremely heavy and conditions slick. After getting aloft our superheros put out their banners and awaited further instruction. At 7:00 AM construction workers arrived upon the site unaware of the superheros aloft. In fact, the crane operator scaled the crane to set about his work with no idea of the superheros upon it. Upon encountering the heros he was in utter shock. After a lengthy conversation with the construction foreman, our superheros descended from their perch due to heavy fog. For a nice picture of the superheroes: http://photos1.blogger.com/blogger/7496/1032/1600/f4j%2Cca%2C11%2C19%2C05.jpg -- Webmaster __________________________________________________________________ webmaster@AKidsRight.Org "A Kid's Right to BOTH parents" Toll Free (877) 635-1968(x-211) http://www.AKidsRight.Org/ From jmurtari at AKidsRight.org Wed Nov 30 10:14:43 2005 From: jmurtari at AKidsRight.org (John Murtari) Date: Wed Nov 30 10:15:49 2005 Subject: [AKidsRight.Org] NonViolent Action: License suspended, admits to driving over 100 times! Message-ID: <17293.49635.993389.947127@hammer.thebook.com> Good People & People of Faith, Can you imagine? You have a suspended license because of child support. You get your first ticket in your hometown and they are trying to go easy on you. Of course, you are still driving your car but instead of just paying a fine you demand a trial and write the Judge/DA and admit to driving (since the original arrest) on over 100 occasions! Imagine that! This has been a decision which wasn't easy. When my mother fell ill I curbed my activities at the Syracuse Federal Building so there would be no risk of jail for me (which would put her in a nursing home without my care). The traffic ticket for unlicensed operation came in July and was due to a Child Support suspension. It was in my hometown and the Judge/Prosecutor were nice about it and just wanted me to plead guilty and get it over. I was almost ready to do that, but just couldn't say 'guilty' to a crime -- not to mention, I was still driving just about every day. I felt the indignity of being a criminal in my hometown and felt the matter should be resolved. On Nov 19, I wrote the Judge/DA and reported all the driving offenses and asked that they be dismissed and the law found unconstitutional. NonViolent Action? http://www.AKidsRight.Org/civil.htm I think so. NonViolent action is much more than just 'niceness' and 'non-cooperation' -- it is action. I'm willing (barely!) to step forward and say, if this is the law then I have been breaking it - prosecute me for I feel it is unjust. It has required a lot of Faith to do this and I could very easily end up in jail. A disaster to my entire family. The trial is scheduled for December 12th, to see my filings and more background go to: http://www.AKidsRight.Org/support I welcome your FEEDBACK on this and welcome any help/publicity you can bring. I would ask you read my entire letter/motion to the Court first at the link above. I have included an excerpt below: ----- 34 Franklin St. Lyons, NY 14489 November 19, 2005 Judge Nicholas Forgione Village Justice 79 William St. Lyons, NY 14489 Dear Judge Forgione: Attached you will find a motion in regards to my upcoming trial on Dec 12th for aggravated unlicensed operation of a motor vehicle. My license was suspended by DMV for not obeying a child support order. The amount overdue is about $55,000, making me one of the biggest (if not the biggest) deadbeat in Lyons and probably Wayne County. Some people might read this and say, "Let's nail this dirtball!" In my affidavit I admit to continuing to drive in the past several month on at least 100 different occasions. I hope to make it easy for the DA to add those additional charges and I'll be happy to testify to each occasion at my trial. A long jail sentence might please some. I have personally struggled with how to handle this. It has been a test of my Faith. A week ago I was almost ready to call Mr. Wunder and accept his plea offer of just "unlicensed operation'. But I could not bring myself to say "guilty' to a crime and then go back to trying to "hide' and hopefully not get stopped again by police. My only honest and Faithful recourse is to challenge the validity of the law and be ready to accept whatever the consequences may be. I believe laws are invalidated when people step back and say, "This shouldn't be happening. There is something wrong in what we are about to do." I do not feel that I am "above the law.' I hope to show I'm a very dedicated parent and son; a person that tried to place the needs of his family above his own; someone who has worked hard his entire life, serving both his country and local community. A moral individual who could not obey a Judge's order and abandon what he thought was best for his family; a person who has spent, on limited income, over $55,000 in direct support of his son. A higher percentage based on actual income than any support 'guideline' would require. The motion is lengthy and I'll briefly summarize here: ADDITIONAL CHARGES -- Since I was stopped and issued the ticket on July 12th for driving with a suspended license I have continued to drive in Lyons on numerous occasions and will continue to do so. If these are considered 'crimes' they should be charged and I am happy to take the witness stand to testify regarding my conduct. DRIVING IS NOT A 'PRIVILEGE' -- I have an excellent state driving record with NO tickets in over 10 years. Lyons is a rural community and I cannot fulfill basic family obligations without a vehicle. The ability to drive should be based on training and safety, not as an easy form of punishment for other civil matters. Unnecessary restriction of my freedom of movement is a violation of individual rights. DIMINISHED DUE PROCESS -- The backdoor connection between Child Support payments and driving is a violation of individual rights to due process. Family Court Support proceedings operate with reduced levels of proof and evidence. I now face numerous criminal charges with no real means of defense. If my license had been suspended due to DWI, speeding, or other traffic violations I would have been protected during those proceedings by strict rules of evidence and a strong burden of proof. In summary, I am not a dirtball, or a deadbeat, or a criminal. Some may think I should plead guilty as a matter of 'simple fact.' I ask one question. Imagine a poor black woman in the 50's, in Alabama, who does not move to the back of the bus for a white person. She clearly violates the law. Do you expect her to plead guilty to a crime? While no one should feel above the law. The law should also respect our rights and the imperative of individual conscience and personal responsibility -- especially in issues of family. Using motor vehicle law to punish someone for a perceived shortcoming in family matters is improper. I too join people who detest 'deadbeat' parents -- people who give no thought to their children and care about only themselves. These people should be thrown in jail for failure to care for their children. They should also be given the protections of criminal procedure, the protection of a jury, and an opportunity to explain what happened. Most importantly, their Civil Right to be an equal & fit parent in the lives of their children should also be recognized. Respectfully yours, John Murtari CC: Mr. Richard Wunder, District Attorney, 54 Broad St. Lyons, NY 14489 CC: Mr. Richard Healey, Wayne County DA, Hall of Justice, Suite 202, Lyons, NY 14489 -- John Murtari ____________________________________________________________________ Coordinator AKidsRight.Org jmurtari@AKidsRight.Org "A Kid's Right to BOTH parents" Toll Free (877) 635-1968(x-211) http://www.AKidsRight.Org/