Federal Judge Rules to Consolidate and Continue Parenting Rights Case

Office of Leon R. Koziol
1518 Genesee Street
Utica, NY 13502
Phone: (315) 796-4000



DATE:  December 2, 2010

RE:  Federal Court Decision

A decision was received this past week in connection with a parenting rights test case filed against the New York Chief Justice, Unified Court System and others on November 10, 2010. A federal court judge reviewed the background together with an earlier case filed in February, 2009 and argued in September, 2010. An order was then entered which consolidated both actions with the earlier one designated as the “Lead Case” and the latter one as the “Member Case”. All motions for dismissal filed by the New York court defendants were denied along with the plaintiffs’ motion for preliminary injunction. Both actions were then allowed to proceed without prejudice to renew those motions in the consolidated action.

This procedure is not unlike one employed in the Oneida land claim litigation of which I was a part during the nineties, see i.e. Oneida Nation v County of Oneida, 132 F. Supp. 2d 71 (NDNY 2000)(involving successful maintenance of gaming compact challenge against tribal motion for injunction). The current“Lead Case”, brought on behalf of “parents similarly situated”  will soon enter its third year with opportunity for class action status in the event other victims of custody, support and alienation practices seek to join or intervene. This is a comprehensive challenge based upon rights protected under our Constitution and can be viewed in its entirety (the “Member Case”) on federal pacer docket and elsewhere on this site. A planning session surrounding this case and a national Parenting Rights Convention is scheduled for December 26-27, 2010 at the Plaza Hotel in New York City, see details on this site.


View Lawsuit Here



5 thoughts on “Federal Judge Rules to Consolidate and Continue Parenting Rights Case

  1. Leon: Thank you for this update. This is certainly good news.

    I have a question for you; if others want to join this class action suit, would they file in the Federal court of their jurisdiction or in the jurisdiction of their family court matter?

    I’m sure there are many who would like to attend the planning session scheduled the end of this month, who cannot. Perhaps you could hold this meeting over blog talk radio or talkshoe so more of us can attend. Just a suggestion you may want to consider.

  2. Thank you. Great questions. Fund raising efforts are most essential before we can afford to move forward. Any suggestions or assistance that you can provide including arranging for guest appearances on radio/television/Internet talk radio to promote this unique opportunity for “parents similarly situated” would be helpful.

  3. Russell Brust

    My Family Law case and other legal issues mainly started in NJ but I have tried to get help in NY for the last 4 years. I have been fully totally denied in NY and for 10 years in NJ. I even have transcripts and letters from those that should allow me or provide me EQUAL PROTECTION UNDER THE LAW and also my Constitutional rights to protect myself from FRAUD, PERJURY, EXTORTION, MENTAL ABUSE and ALIENATION from my child, and the bottom line “ATTEMPTS TO TAKE MY LIFE” thru the illegal theft still going on. Bottom line NY AND NJ both refuse to allow me any help for all this.

    If I wanted to join your suit should I do it in NY or go at NJ theu NY. Let me know if or what I must do. Mine case is so extensive I have about 14 years of legal papers that are worhtless for a full 14 years while the SCUM of the EARTH are trying to take my life and keep my child mentally abused. I do want to take my case to a CRIMINAL level but even the USDOJ has stopped that from happening.

  4. H.R.

    What amount of “fund-raising” are you looking at before moving forward with the Federal Suit?
    Most victims of the slimey family court systems across the USA have already been financially raped over the coals. Paying absurd legal bills, child support, spousal support, food and rent leaves little left for most. Please help us understand how much $ will be needed, and what the projected cost of the suit will be.

  5. Thank you for your inquiry regarding lawsuit financing. I am not able to respond personally to everyone, but you raise a common theme about child support processes across the nation. It is true that victims are fleeced of their resources until they find themselves unable to support themselves, let alone make contributions to a public interest cause. A major part of my day Monday was taken aside from demands associated with our test litigation and NYC meeting on the 26th in order to prevent a father here from taking extreme measures in reaction to his poverty status. So broken was he, that he was forced to cancel his upcoming weekend with his boy because gas money was unavailable, a borrowed car came up with a flat tire, and the woman who continues to take one half of his unemployment check would not alter the one sided transportation order 90 miles away as she lives with her new husband and joint household income in the six figures. One of our members recommended social services for his condition, but this would only address the symptoms at taxpayer expense and not the root of the problem. Our test litigation, which presently features the federal action, is focused on the root cause of parental oppression for both male and female victims. We can continue to apply our individual resources piecemeal in the courts or we can join together with lesser individual contributions to achieve meaningful results. Please read our prospectus online at http://www.leonkoziol.com. Anything you can do to assist our financial needs would certainly be appreciated. Distribution of a downloaded prospectus to a potential contributor is one example which would cost you next to nothing. Thanks again for your inquiry and support.

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