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  • Parental Rights Class Action Law Suite

    Lawsuit to be filed @ Parents Day 2016:  Justice for U.S. family court victims

    Victim? Join the Association, be in the communications army, receive justice.

    Introduction / Fast Track:

    If you want to join now, just jump down to the registration form at the bottom of this Homepage, or first read the Overview just below, and/or learn about the very powerful constitutional Arguments that are fully hammered within the Complaint.

    If you are hoping to find some power legal ammo for use in your own personal family court case, then you still want to see our Arguments page, also the upper areas of ourF.A.Q. Page, and provided just for you, also check out the free Legal Tips page.

    Go here to connect with likeminded citizens in your own State or Commonwealth, upon your choices of groups on Facebook, Google Groups, Yahoo! Groups, and more.

    Self-check your own recruiting statistics live, in real-time, on the Leaderships page.

    Overview of Class Action Lawsuit:

    Communications ArmyWith filing scheduled for official Parents Day, this federal class action suit seeks two primary goals in court relief: (1) shutdown and radically correct both of the main unlawful "family court" systems nationwide because of multiple, grossly unconstitutional issues each; and, (2) shutdown all of related federal HHS/ACF “carrot and stick” programs that are partial blame for causing #1.

    This class action lawsuit also demands one secondary form of relief, a declaration (Order) from the federal court that the unlawful deprivations of child custodial rights from all registered class action plaintiffs are void, hence fully restoring the prior legal and physical child custody of all registered plaintiffs who qualify and join below.  This ability to directly restore fundamental rights is because of the legal nature in swearing under penalty of perjury that each such parent is actually qualified to receive all such relief.  Further, all of the other millions of "similarly situated" parents out there will be able to use this same declaratory relief ordered by the federal court, and proceed back to their respective family courts (using an attorney of their choice if and as needed), to go through the process for essentially the same guaranteed results.  The difference is only that those other millions of parents were not already in this class action lawsuit, formally, by swearing their own qualifications to receive relief under penalty of perjury.

    Named Parties of Suit:  Plaintiffs include a legal association formed via registrations of the first 51,764 qualifying U.S. family rights activists joined (CAPRA - "Constitutional Association of Parental Rights Advocates"), plus all class action plaintiffs (the millions of all other American family rights victims out there).  This lawsuit will be strictly about the parental rights of *natural/biological* parents and the affected children/families of those parents.  This lawsuit is not about any rights of adoptive parents, foster parents, grandparents, or etc.  Defendants are the 50 States/Commonwealths, Congress, and US HHS/ACF.  We may or may not also add DC as another named Defendant similar to the 50 States/Commonwealths, but it’s really not necessary, and DC is a very different creature under the law, not really like a State/Commonwealth.  See our F.A.Q. Page for further information on all the named and class action parties, with related details, and/or see directly on the Complaint's cover page (first page), provided by this link.

    Constitutional arguments include those regarding flagrant injustices within the child custody/support/visitation realm ("family court" actions between two natural/biological parents over their minor child/ren), those regarding flagrant injustices within the child protective services realm ("family court" actions by government social workers versus one or both natural/biological parents over child custody), along with those intended to shutdown and terminate all related federal fundings ($4+ billion annually on Title IV-D and similar, and $2-3 billion annually on portions of Title IV-A, IV-B, IV-E and similar), i.e., all of the carrot and stick federal funding schemes driving many injustices in both of those two "family court" victimization realms.  See our Arguments page for details.

    The communications army in direct support upon filing this class action is the most motivated and passionate army humanly possible, because it is CAPRA, the association lead plaintiff itself, consisting of all highly determined family rights activists, each and every single one of them.  But there is another powerful motivation, a very significant financial incentive, in addition.  Of the several different claims ("Counts") against those HHS/ACF federal funding programs, each includes a qui tam action, typically known as "whistleblower" actions.  Federal laws mandate and expressly require reward payment to plaintiffs successfully bringing a whistleblower action.  The formula mandated by law requires reward payments to be no less than 15%, and up to 30%, based upon certain factors, of the past six (6) years of all such annual federal fundings, and we're talking about $6-7 billion/year at issue...  In other words, even the absolute minimum reward required by law (15%) still translates into roughly $5.4-6.3 billion...  But, being overly generous, we'll even offer to settle for a mere 1/10th or even 1/20th of that statutory minimum, and the amount is *still* so staggering that each of 51,764 qualifying family rights advocates can be rewarded for their communications time in victory with various reward amounts starting with at least $3k for the base, and going up from there based upon personal recruiting efforts (so that the best motivated communicators, those who most often successfully communicated their recruiting message, will then also actually and fairly earn the highest rewards, as it should be).  If you are personally qualified to participate, join by using the registration form just below.  For more information first, please review our F.A.Q. Page, as well as our Leaderships and Recruitment pages.

    Even further, as a Member of CAPRA you may also optionally enter and compete within either/both of the YouTube and radio media contests to win additional reward shares.

    Qualify and Join Here:

    Basically, if you are a parent of one or more natural/biological children, you also were unlawfully victimized by either above-described American "family court" system within the past four years (whether still currently or not), and you currently live in one of the 50 States/Commonwealths, you qualify to be a Member of CAPRA and fully participate in everything described upon this website.  However, there are per-geography limits.

    For various reasons, the total membership of CAPRA will be limited to a maximum of the first 51,764 qualified registrants, which is population-density based, including up to twelve (12) Members allowed to join and participate from the very least populated, most rural Localities, and likewise by different population-density thresholds, up to a max of twenty-eight (28) Members from each of the many most populated Localities.

    About 95% of all such 3142 U.S. Census "Localities" are called "[something] County" while the rest are county-equivalents, like "boroughs" and "census areas" in Alaska, "parishes" in Louisiana, and even "independent cities" like St. Louis, Baltimore, and others, which are cities not part of any counties, with their own borders, etc.  Using different population thresholds, each different Locality is shown with either three (3), five (5) or seven (7) CAPRA membership slots on this example spreadsheet.  We are using four (4) of those (real) spreadsheets together, each with 12,941 slots, for a grand total of 51,764 maximum CAPRA membership slots available across the nation, hence "three" slots shown on the single spreadsheet for a Locality is actually twelve slots available, "five" is actually twenty slots, and "seven" shown is actually 28 slots.

    So, in order to qualify and join CAPRA successfully, you must not only qualify under the regular "legal standing" factors described above and detailed on the form below, but you also must be amongst the very first set of people within your own geography (first come, first served, per each "County" and equivalent Locality) who register and join the earliest in setup for later spreading our lawsuit news in that area.  Join now:

    PLEASE NOTE -- THIS IS A *SCROLLING* FORM BELOW, SO JUST SCROLL THE FORM DOWN TO ANSWER ALL THE QUESTIONS, USING ITS OWN SCROLL BAR

    PLEASE NOTE -- THIS IS A *SCROLLING* FORM ABOVE, SO JUST SCROLL THE FORM DOWN TO ANSWER ALL THE QUESTIONS, USING ITS OWN SCROLL BAR

    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.

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  • Subpoena CPS and Social Services

    How to Subpoena Documents


    If you're involved in a legal proceeding, you may need to subpoena documents to support your case. The first step is to hire an attorney to help you navigate the laws in your state and county. A subpoena duces tecum, the term for a subpoena of documents, requires that a witness produce a document relevant to your case.  In most cases, you will request a subpoena duces tecum from a court clerk. The court will issue the subpoena and the relevant documents must be served to the court.

    Part 1 of 2: Acquiring and Filling Out the Subpoena Forms

    1. Work with an attorney. The laws regarding subpoenas vary from state to state and from county from county. An attorney can ensure that you take the proper legal steps to subpoena documents in your jurisdiction. Filling out the forms incorrectly or neglecting to take all the proper steps may prevent you from being able to subpoena the documents you need to make your case.
      • The process you'll take to subpoena documents will differ depending on what type of suit you're involved in as well as the role of the person or company in charge of the documents. Work with an attorney to determine the best course of action to take in your individual situation.
      • If you strongly prefer not to work with an attorney, be sure to conduct thorough research on your state’s subpoena laws. Go to your state's court website or visit the county clerk to find out more information.
    2. Determine who is in possession of the documents you wish to subpoena. If you know the individual who has the documents, no further research is necessary. However, you might need to subpoena documents from a company rather than an individual. If this is the case, you'll need to know the specific individual within the company will be responding to the subpoena. If you try to serve the company with a subpoena without doing this legwork first, you won't get the documents you need.[
      • For example, if you want a record of your incoming and outgoing telephone calls from your phone company, you will want to know the name of the person in charge of the records department at that company.
      • In some cases, you might be able to get the documents without going through the subpoena process if you simply request the documents you need. However, telling someone that you are involved in a suit without serving them a subpoena could give them time to destroy the documents you need so they won't be legally obligated to hand them over. Again, working with an attorney is your best bet for determining the best actions to take in your situation.
      • Corporations and limited liability companies (LLC’s) have specific assigned agents for service and failing to send the document to the proper agent will result in your subpoena duces tecum being ignored.[ You can locate a corporation or LLC’s registered agent by visiting your Secretary of State’s website. You may also check the company’s website or call the company and ask who can accept service on behalf of the company.
    3. Get a subpoena duces tecum request form from your state clerk of court. In most states, you'll need to fill out a request form to get the subpoena process started with the court. Some states have a separate subpoena duces tecum form, but many require you to use a standard subpoena form with an attached letter stating that you're specifically requesting documents. Visit your state or federal court website or go to the area clerk in person to get the subpoena duces tecum form and to learn about the special requirements in your state or county.[
      • Most state and federal court websites post fillable subpoena duces tecum forms in .pdf format that you can fill out on your computer. For example, the California Courts’ website provides a fillable .pdf of its subpoena duces tecum. An example can be found here.
    4. Complete the form. Fill in the general information. Keep in mind that the court clerk can give you minimal assistance, but he or she will not be able to give you any legal advice. This means he or she will not be able to tell you how you should describe the documents you wish to subpoena, whether or not you should issue a subpoena, or to whom you serve the subpoena. If you are unable to fill out the form with the clerk’s limited assistance, consult an attorney.
    5. Describe the documents you wish to subpoena. If the document does not have a specific name, such as "March bank statement" or "January service bill," describe it in as much detail as possible. For example, if you are asking for a copy of a letter, provide the date the letter was written, the names of the persons writing and receiving the letter, and the subject matter of the letter. Describe why the documents are necessary to prove what you're trying to prove in your case.
      • When subpoenaing documents, it is important not to be overly broad nor overly narrow in describing them. Otherwise, the person you are requesting the documents from may challenge the subpoena or you may be bombarded with so many documents that it will be hard for you to find the information you are looking for.
      • For instance, if you only need a bank statement from only one month (i.e. "March bank statement") in a two year period, a request for bank statements from the entire two year period may be challenged as overly broad. By the same token, being overly narrow may prevent the document you are looking for from being turned over.
    6. Avoid subpoenaing privileged communication. Some documents that you are requesting to obtain through a subpoena duces tecum may be privileged. This means that a party can claim that are not required to disclose the document because of the type of document being requested.
      • Some documents may be subject to “attorney-client privilege.” The attorney-client privilege protects communications between an attorney and his or her client by keeping those communications confidential.
      • The “psychotherapist-patient privilege” prevents the disclosure of confidential communication made during the course of the diagnosis or treatment of a mental or emotional condition.
      • The “spousal privilege” also known as the “martial” or “husband-wife” privilege, prevents the disclosure of confidential communicates made between spouses during the course of their marriage.
      • If you are using a subpoena duces tecum to view “privileged” communications, your request will likely be challenged in court. In addition to “privileged” documents, some types of information like trade secrets may also be challenged as inappropriate.   If you are considering requesting documents that may be privileged or contain trade secrets, you should consult with an attorney.
    7. Prepare any other required documents. In many counties, non-attorneys requesting a subpoena must file a request with the court and wait for the judge to sign an order before the clerk will sign and seal a subpoena duces tecum. Check with the clerk to determine if you need to file a request with the court and to get the correct form.
    8. Submit the forms to the clerk and wait to have the subpoena issued. When you return the form to the clerk, the clerk will approve your subpoena and issue official subpoena forms. Make sure you have a copy to keep for yourself and one to serve to the party in charge of the documents you're requesting.

    Part 2 of 2: Serving the Subpoena

    1. Have the subpoena served. Your state’s laws will determine the acceptable manner of service of a subpoena duces tecum. Check with the court clerk, a local attorney, or your state’s Civil Rules of Procedure for state-specific rules and regulations. Not all methods of delivery are acceptable in every state; check with your clerk of court for your area's specific requirements. Common methods of service include the following:
    2. Personal service. Personal service means the hand delivery of the document by someone other than yourself. In the case of a subpoena duces tecum, this is a preferred method of service. All states require that the person delivering the document(s) is at least eighteen years old. Many also require that the party delivering the document(s) sign and file with the court an affidavit of service, which describes how he or she delivered the document.
    3. First class United States mail. Most mail you send and receive is likely sent this way. While serving many types of court documents via first class mail is acceptable, it may not be in the case of a subpoena duces tecum in your state.
    4. Certified mail. Certified mail, whether a return receipt is requested or not, is almost always an acceptable form of service for court orders such as a subpoena duces tecum.
    5. Facsimile or other delivery method. Under certain circumstances, you may be able to deliver your subpoena in an informal manner, such as by fax or email attachment.
      • For example, this may be acceptable when a party has already agreed to provide you with the documents, but you must provide a subpoena duces tecum for legal purposes due to her company’s policy requirement.
    6. Ensure that a proof of service form is completed. This form should be filled out by the person who served the subpoena. It describes the form of service and confirms that the subpoena was received.
    7. Submit the completed forms to the court clerk. The court needs the forms to verify that the subpoena was served. It is now up to the person who was served to send the requested documents to the court clerk by the date specified in the subpoena.
    8. Review the documents. You likely want to view the documents before your case proceeds. Viewing them ahead of time will help you familiarize yourself with the facts of your case and ensure that you actually want to submit the document(s) as evidence.  The specifics for gaining access to your documents may vary from state to state, but the general process is as follows:
      • For a criminal case subpoena, the documents will be delivered directly to the clerk of court or judge. The court will determine what kind of access you will have to the documents.
      • For a civil case subpoena, the subpoena will specify whether you are asking to view the documents or you are requesting copies delivered to you.
        • If you are simply requesting access to the documents, the recipient of the subpoena can specify where and when (typically normal business hours) you can either view or copy documents yourself.
        • If you request copies, they will be mailed or delivered to you by the recipient. The records will be accompanied with an affidavit or declaration about the documents and how they were prepared. The recipient of the subpoena is entitled to costs for responding to the subpoena, including copying costs and payment for the hours it took employees to prepare the documents.

    TIPS

    • Opposing party of your court case, since you will able to exchange or demand to see any documents that will be used as evidence against you as part of the discovery process.

    WARNING

    • The subpoena duces tecum process can take quite a bit of time, even when everything goes smoothly. You should allow approximately fourteen to thirty days for the entire process.
    • This article is intended for general information purposes only, and is not meant to fully describe the procedure for every county and state. Please check with your local county clerk’s office or a licensed attorney for information specific to your county and state.
    • This article is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to your particular issue or problem. If you need additional guidance you may contact a lawyer through your State Bar Association. State and County bar associations often have free referral services to qualified local attorneys and may offer free consultations with attorneys that specialize in handling the legal issues relevant to your case.
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  • JUDICIAL COMMISSION - “REQUEST FOR INVESTIGATION”

    If you feel that your Judge or Commissioner is treating your case or family dispute unfairly your have the right to be heard.

    1. Make sure you get the transcripts after each hearing.
    2. Provide the evidence of misconduct within your transcripts.
    3. Find your state.
    4. Follow the procedure and send to your states address "Certified Mail" and fax if provided
    5. Make sure you get a confirmation that they recieved all copies
    6. Get a point of contact (Name, Phone or e-mail)

     

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