Three Parental Rights Cases considered by Supreme Court at same time today

By Dr. Leon Koziol, Director

Parenting Rights Institute     http://www.parentingrightsinstitute.com

But is access to our nation’s highest court illusory for the vast majority of us?

That is among the questions posed before the Supreme Court today in a mandamus action entitled Leon Koziol v United States District Court for the Northern District of New York being considered on the same day as two other parental rights cases. In another mandamus action, Marbury v Madison, 5 US 137 (1803), the Supreme Court rendered one of its most controversial decisions in which it seized the power to interpret our Constitution and thereby set itself up potentially as a super-branch of government.

The Marbury case has held up to the present day despite much criticism from the likes of Thomas Jefferson and Franklin Roosevelt. But the chance for an average citizen to obtain such an interpretation is next to zero. That is because our high court only accepts roughly 100 of 10,000 petitions filed from around the globe. Perhaps more startling is the fact that our Supreme Court has only two more members today than it did during the time of Marbury while Congress plays politics with a vacancy. Since 1803 our population has grown from about 5 million to over 300 million. You calculate the probabilities.

Congress has adapted with our growth along with the executive branch and their huge bureaucracy, but little has changed with our Supreme Court. That may explain why no shared parenting case has ever been decided by our high court whereas abortion is a regular part of its docket. Against such odds, there are at least three parental rights cases being considered by our high court on the same day, September 26, 2016, and a fourth working its way through our federal courts.

They are all pro se cases due to financial exploitation in the lower courts and professional retaliation for those who challenge the judges who promote it. To make up for a century of void in these cases, I have asked the Supreme Court to order a Special Master to investigate and report on the vast erosion of parent-child rights under Title IV-D of the Social Security Act (supports standards and incentive funding to state courts). We are losing our parental rights through conflict profiteering and revenue making practices that violate due process.

As Americans we should all have a reasonable belief that our highest court will hear our concerns. We should not have to expect that a few prominent law firms guard the door to this court. For this reason four professionals from around the country took a stand as victimized parents on the steps of the Supreme Court. They have asked that our parenting rights be heard as abortion, marital equality and other rights have. Here are excerpts. Three presenters have no lawyer background yet in my expert opinion they articulate the core issues better than many trial lawyers with whom I have litigated during my 25 year career. You be the judge:

 

 

 

Here are the opening segment and Part II of my Supplemental Brief accepted by the Supreme Court last week:

For a complete viewing (Click Here)

REASONS  FOR  SUPPLEMENTAL  BRIEF

While children in Allepo, Syria are diving and swimming in a pool created by a missile strike (Associated Press, 9/15/16) respondents are hanging on to a “prohibited alcohol related gesture” as a sufficient danger to petitioner’s children to prevent father-daughter contact here in the United States. That “gesture,” assuming it could be understood at all, was not prohibited by any court order, and it consisted of a 2013 wedding toast with petitioner’s children nearby and no alcohol history of any kind as found by an appellate judge.

Sanity dictates that there is obviously something else driving an absurd process challenged by this precedent seeking action on constitutional grounds. Due to a highly abused pretext of promoting our children’s so-called “best interests,” lawyers and conflict profiteers are concocting endless issues to beat up opposing parents. So bad is it today that the entire divorce industry is coming under serious fire as it drags down a noble legal profession.

This ordeal represents the outcome for a judicial whistle blower, victimized parent and conscientious civil rights attorney who set out to reform this industry. However, absent discovery rights or a reliable self-regulating agency to remedy a colossal failure in human rights, persecution is now the sole outcome. It is being ratified through inaction of our federal courts. This is not petitioner’s first endeavor to access our Supreme Court on a long neglected issue. But it will provide the highest authority either way to justify an escape from the oppression that is undeniably present.

An alcohol gesture remains the reason cited in a December 2, 2013 decision for suspending child contact that continues to this day. It was manufactured after no evidence could be provided to show any parenting problem, consumption of a legal beverage being standard issue for abusing parents in our nation’s divorce and family courts. There are many more, a veritable treasure trove of accusations in a system designed to maximize profits and court revenues at the expense of children and families under a federal statute.

Point Two:  Domestic courts are not constitution-free zones, and routine obstacles to federal jurisdiction can no longer be abused to deny parents basic rights.

Domestic relations courts are no longer matters of local or state interest. Constitutional violations here were fueled by a federal funding statute and a state revenue system based on the magnitude and number of child support orders manufactured under Title IV-D of the Social security Act, 42 USC 651 et. seq.; Bast v Rossoff, 91 NY2d 723 (1998); Dept of Family v DHHS of U.S., 588 F.3d 740 (1st Cir. 2009)

Beyond that the events occurring since this petition was filed have only proven beyond any remaining doubt that respondents are forever committed to their agenda for censoring and suppressing the petitioner using every means available to them. The overriding reason for denying this public critic his discovery rights in the Northern District of New York was a concern for exposing judges to abuse.

Recognizing this interest, petitioner brought an action for extraordinary relief under FRAP Rule 21 with a request for the appointment of a special master to investigate and report on the complex ordeal inflicted upon this public critic and parents throughout the country as exemplified in the Second Circuit. This was the course of action taken by the same federal court in the Oneida land claim class action of 1998, a case in which petitioner was intricately involved, Oneida Nation v Oneida County, 132 F. Supp. 2d 71 (2000).

The obstacles to federal court jurisdiction and good faith petitions for accessing this Court can no longer be tolerated or glossed over. This is a nationwide epidemic corroborated by other cases decided by this Court since petition filing. For example, in Universal Health Services v United States, No. 15-7 (June 16, 2016), a teen girl was placed under the care of a counseling center having unqualified staff which administered improper medication resulting in a worsening of a bi-polar diagnosis. She died of a consequential stroke.

This Court allowed the family’s action to go forward under the federal False Claims Act based on an implied false certification theory of liability. In family courts throughout the nation parents and children are being referred by judges and lawyers as a matter of course for psychiatric evaluations on the slightest accusations of a scorned ex-spouse. All too often entire families are over-medicated, bankrupted or permanently harmed by this lucrative referral program in these courts.

In this case, a scorned ex-wife acting on advice of lawyers anxious to harm petitioner, requested and obtained a forensic order in 2011 for the parents and children without cause of any kind. The biased judge who issued that order was disqualified, her replacement was removed from the case on motion of petitioner and removed altogether from the family court bench for admitting to sexual misconduct upon his handicapped five year old niece, In re Bryan Hedges, 20 NY3d 677 (2013).

On September 23, 2011, the next (veteran) family judge, Michael Hanuszczak, vacated the order on the same record employed by his two predecessors to order and continue the evaluations. This event fully verified in the record shows just how arbitrary these forensic orders truly are and how easily they can be exploited to harm a public critic as respondent Judge Daniel King did only two years later. On July 12, 2016, his replacement Judge James Eby refused to honor that precedent on the case, thereby producing a permanent loss of petitioner’s children.

The DSM-5 manual used to diagnose psychiatric conditions and process insurance claims has at least 300 disorders and 600 conditions that can destroy careers and keep parents and children under state control and medication for many years. It is beyond epidemic and leading to suicides, bizarre activity and needless destruction of parent-child relations in criminal ways. A special master must be assigned to investigate this crisis because it arises exclusively in our judicial branch. It has been a long time since this Court took a bold move to correct a court created injustice of such magnitude, see Finlay v Finlay, 240 NY 429 (1925); Bast, supra and Brown v Board of Education, 347 US 483 (1954). The case for extraordinary recourse could not be better.

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While Abortion Rights are Routine in our Supreme Court, Shared Parenting Rights have never been heard.

Now there’s a headline you’ve never seen. But it is shockingly true and a reflection of how insignificant we are as parents in this country. Every year our constitutional right to raise our children is being further eroded without so much as a footnote in the decisions from our high court. For the past ten years I have done everything legal and humanly possible to reverse that trend, to give you human dignity as a loving mom or dad, but sadly, due to an utter lack of funding, I have failed.

Meanwhile the right to abort children and market their body parts has been well funded and well received during that same period. Indeed only a few months ago, among the most recent cases heard and decided by the Supreme Court, you will find a pro-abortion case, Whole Woman’s Health v Hellerstedt and Texas, et. al. Case No. 15-274 (June 27, 2016). Meanwhile three of the four parents who announced their filings at the Supreme Court on June 17, 2016 are being considered for the same day. Yours is destined for the same fate.

Nevertheless it is too important an issue to surrender. If you’ve been following my petition now being considered by the Supreme Court you know that a Supplemental Brief was recently accepted to provide additional support for such a case, a historic first which I sacrificed everything to achieve. Among other things, due to the severe neglect of this right in recent decades, I have asked for appointment of a Special Master to investigate and report on parent-child abuses in our nation’s divorce and family courts.

Yesterday we gave you a summary of cases over the past 100 years since the parenting right was first announced. Today we show you what happens when a judicial whistle blower, civil rights attorney and model parent tries to reform a lucrative divorce industry which is producing damaged children, unprecedented immorality and the kind of crime our society can no longer control. Government simply throws more tax dollars at this epidemic while profiting off our misfortunes.

We hope you will join our cause by contributing to this site or sponsoring any of our services at www.parentingrightsinstitute.com. You can also call our office, Parenting Rights Institute at (315) 380-3420. Here is a modified segment from my Brief:

Point One:  Based on this Court’s recent decision in McDonnell v United States, the respondent district court committed an egregious abuse of discretion by suppressing challenges to vague, absurd and retaliatory court orders.

Petitioner has been exposing court corruption and misconduct for ten years in virtually every state of the union, even Hawaii when President Obama visited. It has reached epidemic proportions with no sign of reform or shared parenting structure mandated by our Constitution. That is because the suppression of speech, press and organizing efforts is so profound in our judicial branch of government that relevant experts and civil rights lawyers such as petitioner are persecuted beyond conscience.

In McDonnell v United States, No 15-474 (June 26, 2016), decided after the originating petition here was filed, this Court vacated a conviction of former Virginia Governor Robert McDonnell based on jury instructions and a statute which was found to be overly expansive. The definition of an “official act” for purposes of criminal liability was deemed to have serious constitutional infirmities.

Whether petitioner’s ordeal is analyzed from a First or Fourteenth Amendment standpoint, or some other federal right such as the parenting liberty, the result is the same. A public critic is being subjected to something far more egregious than an over inclusive statute. He is being pounded by orders laced with such absurdity that no conduct provides a safe harbor. The opening segment of this brief is ample demonstration of this…

At the same time, petitioner is being victimized by …vague and overbroad orders in New York’s domestic courts with undue, unfair and excessive scrutiny by attorney disciplinary agents. Indeed this is by far an unprecedented case. The state has usurped the self-governing rights of a democracy in order to profit off our children. The atrocities over a natural right tracing itself to the beginning of civilization are being perceived as everyday oppression by an increasing variety of terrorists, criminals, protesters and mainstream parents.

A remedy is now required to show that our system of American justice works after all, even if petitioner can never be made whole again. The “prohibited alcohol related gesture” finding was never prohibited previously and concocted from a wedding toast. It was conceded at a “mini-hearing” without due notice, ten minute limits for case presentation and no recording for appellate purposes. On such a hearing, petitioner lost his children potentially forever in light of the severe and un-remedied alienation underway over the past three years. Other than pure evil and the violation of a fundamental right, what else can explain the concoction?

On the last weekend together in January, 2014, there was happiness, sharing of plans, hugging and promising father-daughter relationships to last a lifetime. But the quest for money and revenge was so prevalent that these girls were brainwashed and made to shut out all trace of their natural father without so much as an allegation of abuse. This evil course of action was pursued not by a natural mother but a creature of statute known as a “custodial parent” trained to war against her counterpart. Dads, moms and children are increasingly viewed as objects instead of dignified human beings under this “opposition framework” for parenting.

It was sufficient to cause respondent appellate Judge John Centra to issue a stay order on December 13, 2013 on grounds that the proceedings here were “structurally flawed” with petitioner having no record of abuse. That order facilitated the last weekend petitioner spent with his girls before being vacated by the same Judge Centra and his panel only days after exposure of related misconduct.

It occurred on petitioner’s website which has become the target of censorship by all respondents due to a tagging of publications relating to individuals. Petitioner’s global following has become so impacting that these publications can arise on a first page Google search of a judge or lawyer. Sufficiently offensive as it is protected by our Constitution, this has set in motion very alarming reactions. Oppression is otherwise corroborated by such cases as Pearce v Longo, 766 F. Supp.2d 367 (NDNY 2011). A police investigator committed a murder-suicide after exiting support court, a key factor that was ignored, leaving three children without parents and the city with a $2 million liability.

Respondents have been exploiting judicial weapons to punish these publications. They have all but stated this in decisions, actions and defamatory orders throughout the record. With an arsenal at their disposal perceived as sacrosanct by an unsuspecting public, they have been able to shut down reform as their public critics emerge in courts throughout the country. Indeed at least two other pro se parent petitions are pending for conference on the same day as this one. Dr. Mario Jimenez and John Batista joined petitioner at a news conference outside this Court to announce our filings only to incur further retributions.

Truth itself is ever elusive in these courts because offspring are made the prize or “award” in custody wars. In this case, respondents exploited the patent fabrications of Judge King and the brazen perjuries of William Koslosky and Hawse-Koziol. This is well established in prior filings here and the records below. These frauds remain so pervasive and even encouraged for retribution purposes that almost anything can be conjured up to finish off this public critic. But only the public critic was prosecuted with non-criminal and inflated support obligations based on a highly abused “imputed income” practice. This was in lieu of reliable evidence and a proper distribution of the burdens of proof.

Terminology routinely employed in these courts is more relevant to a Syrian war zone than a forum for raising America’s children. This is not merely your petitioner’s position. It is shared by esteemed jurists and experts of the Miller Commission in its 2006 report to New York’s Chief Justice. It is also shared by veteran jurists such as Dennis Duggan in Webster v Ryan, 729 NYS 2d 315 (Fam. 2001):

At the outset, the Court notes that the terms ‘custody’ and ‘visitation’ have outlived their usefulness. Indeed their use tends to place any discussion and allocation of family rights into an oppositional framework. ‘Fighting for custody’ directs the process towards determining winners and losers. The children, always in the middle, usually turn out to be the losers… This Court has abandoned the use of the word ‘visitation’ in its Orders, using the phrase ‘parenting time’ instead. If the word ‘custody’ did not so permeate our statutes and was not so ingrained into our psyches, that word would be the next to go… This misplaced focus draws parents into contention and conflict, drawing the worst from them at a time when their children need their parents’ best.”

The disrespect increasingly directed at parental rights is corroborated by the July 7, 2016 summary order of the Second Circuit. It affirmed Judge Sharpe’s August 10, 2015 decision denying leave to file an appeal pursuant to FRAP Rule 4(a)(5). The frauds and perjuries in family court became so insurmountable that petitioner’s children could have their residence concealed on the family court record for a period of eight months without any accountability.

Such callous disregard was clearly retaliatory. Devastation to petitioner when this scheme was discovered on Fathers’ Day 2015 was so severe that it forced him to escape the region and miss a next day filing deadline regarding Judge Sharpe’s May 22, 2015 decision. Such devastation mattered not at all for “good cause” or “excusable neglect” and was sadistically cast aside without so much as a footnote. Judge Sharpe concluded instead that petitioner “had only himself to blame.” A-I at 68. See also Kirtsaeng v John Wiley 15-375 (June 16, 2016) on Sharpe’s abuse of fee sanctions.

 

 

 

Your Workplace, Community or Church Group Will Benefit From Dr. Leon Koziol and the Parenting Rights Institute

 

We are living in an increasingly litigious society. There are over 300,000 lawyers in New York and California alone with as many attorney candidates as there are those in practice across the United States. That’s a lot of lawyers seeking work. But in divorce and family court the participants are creating their own employment at your expense through needless, lucrative and contrived controversy that has generated no accountability.

Everyone is adversely impacted, from the innocent child to diverse employers who suffer the health and productivity consequences in the workforce. It is truly a silent epidemic suppressed by bar associations everywhere.  You need to learn more about it, identify the issues as they affect you and improve the condition of your home, family, workplace and community. You need to sponsor Dr. Leon Koziol, Director of Parenting Rights Institute,  for a speaking engagement or consultant for your organization or personnel department.

Here you get the real deal. They have done everything they could to censor this vital reform message and yet Dr. Koziol has persevered. Together with fellow consultants and staff we offer non-lawyer services to a variety of persons and entities. Church groups can gain immeasurable insights. Our professional background is detailed elsewhere on this site together with our services that include investigation and research of court corruption.

Dr. Koziol brings together a diverse and accomplished background for your benefit. As a published author, he has provided valuable writing and editing services for those who wish to share their ordeals with the world. A Court Program was developed over a period of years to assist others contemplating or already engaged in litigation. It is designed to avoid costly disputes and is available on this site as well.

Mediation services and litigation alternatives are highly recommended. If we cannot do it we will recommend a party near you. Such unique assistance is provided to victims of the court process because lawyers are not inclined to do so out of a fear of professional retribution. Such fears are understandable based on Dr. Koziol’s experiences after 23 unblemished years of practice in federal and state courts.

Therefore, he and his associates are able to develop strategies to suit victims from around the country. Tell us your issues and objectives, and we can provide a course of action based on many years of professional writing, drafting, lobbying, trial and appellate court experience. Often times, parents who choose our services include their lawyers in our strategy sessions.

We have helped organize rallies, conferences and parenting conventions while joining those who seek reform through network publicity and website development. Each case calls for a different approach using a wide range of proven or creative means. Call our office for a free consultation at (315) 380-3420 or Leon direct at (315) 796-4000.

Gag Order Lifted, Offense Petition Thrown Out, Mom Warned She May Lose Custody

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Leon Koziol’s ex-secretary, Veronica Donahue, fired for causing ethics issues and six figure thefts, being escorted to jail in 2013 on $10,000 bail. Later she was convicted on felony forgery charges after stealing from other law offices despite Leon’s warnings and returned to prison this year. She was the star witness for Leon’s ex-spouse at a custody trial in 2011.

Breaking News on Our Motto at Leon Koziol.com: “You Just Can’t Make This Stuff Up.”

In a series of decisions received today, the gag order imposed on this site was lifted and the offense petition filed by Kelly Hawse-Koziol was thrown out. She was also warned of losing custody if Leon Koziol is denied contact with his children in bad faith.

Accordingly the posts that were taken down six months ago regarding her frauds upon family court will be returned to this website so that reform and accountability can press on consistent with the First Amendment. But what does all of this mean to victimized moms and dads everywhere? Well a lot! Sometimes persistence pays off. Read on.

To begin with, the gag order and petition were thrown out after a trial was postponed twice over the past two months without explanation. It was done on the face of claims treated in the best light of the accuser. Such a decision could have been made when the petition was first filed instead of six months later while our site was being censored and subjected to vague standards of compliance (contempt by ambush).

More disturbing, this is yet another in a series of “protection” petitions filed by Kelly Hawse-Koziol since 2006, all dismissed. Only one went to trial in 2010 and it too was thrown out by a prior judge for lack of evidence (Leon was not even required to put in a defense). Dads (and some moms) across America are being subjected to career damaging accusations like these strictly as a custody tactic urged by greedy, unscrupulous lawyers like William Koslosky, having no regard for children.

Of grave concern is that the gag order was issued with an ulterior purpose for covering up a clear fraud on the court and father here. Kelly Hawse-Koziol concealed the residence of Leon’s children at the home of millionaire, Joseph Flihan Jr., for a period of eight months on various court records. It was discovered only by chance investigation. She had been seeking to replace Leon as the natural, loving father since announcing that intention on the phone in 2006. No judge to date has acknowledged it let alone taken corrective action, and that leads the common observer to wonder why?

If you’ve been following our site, you have seen cases of court corruption involving custody bribes (i.e. New York divorce judges Gerald Garson and Thomas Spargo). In yesterday’s post we disclosed breaking news regarding Arkansas Judge Joe Boeckmann charged with taking sexual favors for special treatment of litigants over a 30 year period. Then there’s the “Kids-for-Cash” scandal in Pennsylvania and Leon’s prior custody judge, Bryan Hedges, removed from the bench for admitting to sexual misconduct on his handicapped five year old niece.

When are we going to finally take a stand against all this? We go to our courts for recourse because these are the forums created under our constitutions to resolve disputes yet it is Leon (not Kelly) being subjected to anti-filing orders. How does one defend against false accusations and a biased court system? It encourages  victims to take the law into their own hands as Utica Police Investigator Joseph Longo did in a murder-suicide that left three children without parents and the city with a $2 million liability, see Pearce v Longo, 766 F. Supp 2d 367 (NDNY 20011). Recall also the police murder of an unarmed dad, Walter Scott, in 2015 simply because he ran from a child support warrant.

The band plays on in divorce and family courts for the reason that government has turned our children into a trillion dollar industry. Obama is quick to issue orders for transgender bathrooms but has yet to even mention father discrimination that remains rampant in America. Children are far more traumatized in corrupt family courts than they are in school bath rooms. Have the governments in Washington and Albany  finally lost their sanity?

Kelly Hawse-Koziol testfied under oath that she made a successful transmission of residential change as required by custody order through the following e-mail: “leonkoziol@gmai.com” (“L” character missing)- Try it for entertainment purposes. We posted her alleged confirmation sheet employed by the children’s lawyer, William Koslosky, showing no successful transmission (removed from this site when the gag order forced us to do so).


Yet Judge Daniel King accepted her excuse that she retyped it by error on another computer on this isolated occasion (unlike years before and months after). But even if you disregard the obvious lie, it does not and cannot excuse a fact which any kid could figure out that such a transmission never occurred (because either computer would kick it back as unsuccessful on the screen). So where is the remedy for the victim? Perjury charges? Lots of luck, and this father (unlike the mother) would never pursue that anyway for his children’s sake.

There will be much more as this saga continues. Arguments have been set for June 10, 2016 in New York Supreme Court in Utica for a mandamus (extraordinary action) order for removal of Judge Daniel King, injunction against father discrimination and a remedy for parental alienation suffered by moms and dads everywhere. It is open to the public. You can call our office, Parenting Rights Institute, at (315) 380-3420 or Leon direct at (315) 796-4000. In the end, this gag order scheme backfired with greater public attention now with the litigation it required. And shouldn’t custody have changed long ago anyway? You be the judge.

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Fathers and Free Speech Case to be Argued June 10 in New York Supreme Court

 

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Fort Drum Military Base, one of America’s largest, is surrounded by the judicial district where this case, Koziol v King, is being heard. Isn’t it time we sent a message of support on the home front when our service people return to courts that still discriminate against fathers? Census Bureau reports continue to show that 85% of child support payers are dads who also comprise nearly 100% of those committed to debtor prisons when they cannot hold a good job. Of the 58,000 soldiers who gave their lives for this country on the Viet Nam Memorial Wall in D.C., eight are women.

Divorce and family court victims as far away as Florida and California are already committed to attend public hearing on gag order, equal rights and parental alienation.

After ten years of litigating for parental justice as high as the United States Supreme Court, Dr. Leon Koziol may finally get his day in court on behalf of divorce and family court victims everywhere. A New York Supreme Court Justice has just signed an order to hear arguments in a mandamus proceeding on June 10 at 10:30 a.m. at the Oneida County Courthouse in Utica. Mandamus is considered extraordinary, in this case directed at a family court judge named Daniel King in Lowville, New York, and it is open to the public.

In the past, Leon was bombarded with technical dismissals, jurisdictional chaos and judge misconduct designed to suppress his overdue reform efforts in our third branch of government. Unscrupulous lawyers across America have turned our children into a lucrative trillion dollar industry eating alive our life’s earnings, retirement savings, health and college funds. And the corruption is escalating for reasons found in Leon’s ordeal described with horrific detail at Leon Koziol.com.

After 23 unblemished years practicing law in federal and state courts, he was suspended, threatened with contempt, deprived of a livelihood, denied access to (important people in his life) and now they are seizing his home.  We can’t disclose who those important people are because this site is still subject to a gag order which Leon seeks to remove on June 10th so that fraud, perjury and judge misconduct can be conveyed to you when government commissions fail us.

The timing before Fathers Day and location of these arguments are also extraordinary. An opportunity like this may not occur for another ten years. Leon has sacrificed too much for this cause and is destined to lose this case because the establishment and gold mine he is seeking to reform are too powerful. But if we can finally rally together at the Oneida County Courthouse in a judicial district which includes the Fort Drum Army Base and former Griffiss Air Force Base, a profound message can be sent to courts all across America.

Leon is highly focused on protecting military, minorities and law enforcement, or those mostly harmed by the antiquated custody system. Instead of promoting shared parenting, our federal government today is obsessed with transgender bathrooms in North Carolina with Attorney General Loretta Lynch accusing us of being racists if we don’t support her. What???  Leon was a highly accomplished civil rights attorney and lawyer for a past president of the National Organization for Women. Racism and religious convictions are not the same. And while everyone else is demanding equal rights, fathers are still discriminated through an abuse of Title IV-D federal funding.

This courthouse in the center of New York state is three hours from New York metropolitan area and Buffalo, two hours from the Canadian and Pennsylvania borders. Already supporters are committed to attend from as far away as Florida and California. Hotel Utica and the Radisson downtown are less than a mile from Thruway Exit 31 (Interstate 90). These were the sites of various civil rights forums sponsored by Leon that were targeted by  ethics lawyers engaged in the witch hunt against Leon. They were ultimately fired by a licensing court for falsifying their time sheets. No public charges were ever brought against them.

You may have heard about Arkansas Judge Joe Boeckmann charged this week with sexual predator crimes over a thirty year period through judicial favors. In the mandamus lawsuit and at Leon Koziol.com, you will read about Leon’s custody judge, Brian Hedges,  removed from the bench for admitting to sexual misconduct on his five year old handicapped niece, family judges who fabricated college degrees to elevate Leon’s support obligations, and his consequential testimony before the Moreland Commission on Public Corruption which led to more severe retributions. You will read about judges sent to prison in Brooklyn and Albany for soliciting custody and divorce bribes, and of course the “Kids-for-Cash” scandal in Pennsylvania.

It’s out of control people. Stop keyboarding in the comfort of your homes to one another and people who don’t care. “Raising awareness” this way is misguided and creates false hope. It’s time to make a stand against parent waterboarding by a corrupted system. Spread the word every way you can. After the June 10 arguments, Leon will file a petition for writ at the United States Supreme Court in Washington D.C. concerning a similar mandamus action dismissed by a federal appeals court in Manhattan. An opening excerpt is provided below. For more information and desperately needed donations, contact our office, Parenting Rights Institute, at (315) 796-4000 or Leon direct at (315) 796-4000.

 

U.S.  SUPREME COURT  WRIT   (OPENING):

While our federal government asserts itself around the globe to advance human rights, its military is returning to divorce and family courts which exploit children for profit. Public safety officers, such as our responders on 9-11, are being hauled into the same courts and subjected to discrimination on account of their gender or line of duty. Many are alienated from their children, committed to debtor prisons or oppressed as inferior parents to feed a trillion dollar industry.

It is a highly protected industry orchestrated under Title IV-D of the Social Security Act, 42 USC section 651 et. seq. States are rewarded by the number and size of “child support” orders manufactured by their courts. Superior and inferior custody classifications are essential to these money transfers and mandated by federal statute even when parents with near equal incomes and childrearing periods set up contrary agreements, see i.e. Bast v Rossoff, 91 NY2d 723 (1998).

Accordingly support judges have been rendered inherently biased against all those classified under the inferior “non-custodial” label with or without justification. Such classifications are arbitrary, stigmatizing and institutional in countless cases, requiring otherwise cooperative parents to compete over their children. Their infringement of a fundamental right to parent one’s offspring is easily replaced by childrearing plans and orders which retain more family oriented labels such as mother, father and parent, see i.e. Webster v Ryan, 729 NYS2d 315 (Albany Fam. Ct. 2001) at fn. 1(veteran family judge declaring “custody” and “visitation” to be offensive terms in an antiquated system which brings out the worst in parents when children need their best).[1]

However such less intrusive custody substitutes are foreclosed by the blanket classifications and marginalized by overburdened courts committed to the funding scheme. Over time, such injustices have reached constitutional dimension while ever elusive, utopian and overbroad child rearing standards displace parental discretion without compelling state interest contrary to a right declared by the Supreme Court to be the “oldest liberty interest” protected by our Constitution, Troxel v Granville, 530 US 57 (2000)(prolonged custody case can itself violate parental rights), Parham v JR, 442 US 548 (1979)(fit parents presumed to act in their children’s best interests).

A full range of constitutional rights is easily trampled under principles of equity, or the power seized by family judges to “father” our children, see often cited Finlay v Finlay, 240 NY 429 (1925)(“paternal jurisdiction” derived from feudal common law). In plain terms, the Constitution is being ignored because the custody scheme is lucrative for those who depend upon family controversy for their livelihood. It is being facilitated by judges charged with the highest duty of safeguarding such rights, Federalist Paper No. 78; Marbury v Madison, 5 US 137 (1803).

Support inequities triggered by this scheme (child support standards act) are typically countered with custody tactics to result in untold harm to our children, i.e. Pearce v Longo, 766 F.Supp.2d 367 (NDNY 2011)($2 million city liability for police investigator committing murder-suicide with ex-spouse after exiting support court leaving children without parents). In his highly researched study, Is There Really a Fatherhood Crisis, Professor Stephen Baskerville places the blame on government: “What many are led to believe is a social problem may in reality be an exercise of power by the state,” Independence Review, vol VIII, n 4, Spring 2004, at pp 485-486.

Unsuspecting litigants are also exploited by an expanding bureaucracy under Title IV-D to finance welfare costs created by unrelated and irresponsible parents. The ones properly devoted to their children therefore shoulder an unjust burden merely because they reside separately from their partners.[2] These support judges engage in highly abused fictions such as “imputed income” to raise obligations beyond realistic capacities.[3] There is no express provision for shared parenting under the federal entitlement statute, and the regulatory scheme has replaced the child’s needs with “way of life” standards to elevate support even further. It has removed critical discretion from proper decision makers with outcomes that shock the conscience, see fn 3 and 4.

The “band plays on” in our nation’s family courts because civil rights attorneys and parental advocates such as petitioner are subjugated, vilified and punished for their exercise of reform efforts otherwise protected under the American Constitution. Meanwhile, gay, lesbian and trans-gender parents, soon to be victimized by this same lucrative system, have achieved far greater strides in equality with repeat court actions than fathers have over a century of discrimination.

This is a petition for writ of mandamus and prohibition directed to the federal court of the Northern District of New York. It seeks relief which is central to any self-governing society, namely, the right to seek reforms to this over regulated and oppressive system of child control. In that vein, it matters not whether the decision makers here agree with the foregoing legal posture concerning a federal statute. It matters only that the petitioner is accorded his inalienable human right to express public views and raise his offspring free of the severe retributions he sustained for criticizing our third branch of government, see i.e Garrison v Louisiana, 379 US 64 (1964).

     [1]  Petitioner’s revenue-bias conclusion was deemed frivolous by the lower court. However it is supported by our nation’s top civil rights experts at the Justice Department. They issued a report on March 4, 2015 after the Ferguson, Missouri race riots concluding that the region’s municipal courts were committing civil rights violations through concocted arrests and excessive fines as part of a revenue generating scheme. There is nothing to distinguish that conclusion from petitioner’s long asserted claims here regarding family courts which incite needless controversy to exact excessive support orders and attorneys fees. Unequal custody classifications are the workhorse behind all this with rampant prejudice against male parents which can no longer be denied or tolerated. The Census Bureau and private entities continue to report that nearly 85% of all support obligors are men. In his court filings, petitioner has described this as “the last bastion of institutionalized discrimination remaining un-checked in America today.”

[2]  As this case verifies, money interests have displaced the “best interests of the child” in family court. Financial disclosures are mandatory for gauging child support but exploited by unscrupulous lawyers to concoct needless and even bizarre issues for fee maximization. When resources are exhausted from both parents, they orchestrate cause for settlement or client abandonment. Ethics violations are so numerous and even accepted as part of a litigious child control process that attorney disciplinary agents cannot logistically police all the abuses. Worse yet, these agents are able to abuse their entrusted positions to suppress accountability. This case features a chief ethics attorney and two lawyer subordinates who engaged in the witch hunt against the petitioner-attorney (and father) for his public disclosure of vast misconduct. They were terminated from their court-appointed positions as standard bearers of lawyer ethics after an Inspector General discovered their falsified time sheets. No public charges, ethical or criminal, were ever instituted, see Robert Gavin, Oversight lawyers quit amid inquiry, (Albany) Times Union, July 10, 2013.

[3] The injustices have reached epidemic proportions. Only one month after the Ferguson report, a fit and unarmed father named Walter Scott was shot dead in the back while fleeing a child support warrant during a traffic stop in South Carolina. He had been imprisoned a number of times due to a growing support debt based on imputed income capacities. Under prevailing law, an imprisoned parent for any reason continues to face support obligations at pre-commitment levels. Upon release, the debtor is typically overwhelmed and unemployable. He is nevertheless subjected to a rule that one should not profit from the mis-deeds which caused the incarceration even with full rehabilitation. Only because of the “mis-deeds” of this traffic cop, quickly charged with murder, was it publicly revealed that one out of every eight persons imprisoned in South Carolina resulted from support debts. Nearly all are male parents, and a review of warrants lists across New York reveals a similar pattern. South Carolina boasts one of the strictest support enforcement laws with jail terms of up to one year, yet it reports one of the worst collection rates under the federal (performance) statute, partial source: Robles and Dewan, Skip Child Support. Go to Jail. Lose Job. Repeat, New York Times (front page), 4/19/15. Debtor prisons have been invalidated since the mid 19th century but re-introduced through willful support violations. As the case before this court demonstrates, such a contempt avenue is an illusion behind a de facto debtors’ prison due to biased judges having a financial stake in the outcomes of support litigation. Such jurists bring court revenues and personal advancement through support performance measures and payments derived from sources other than the debtor parent, see i.e. Bast, supra. As relevant here, the petitioner-father issued public statements at the Walter Scott funeral before national media, civil rights groups and reporters of the New York Times as part of his ongoing reform efforts. He suffered further retributions in the lower court, state family courts and attorney disciplinary tribunals by actions and decisions beginning only weeks later.

 

 

 

 

PRI Report: Public Safety, Military Most Harmed in Family Court

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The Parenting Rights Institute (PRI) has released a cutting edge report which identifies a condition known as Custody Court Dysfunction. Based on years of legal research, more than two decades as a practicing attorney and interviews with family litigants, it was authored by Dr. Leon R. Koziol, founder and director of PRI. Among its alarming conclusions, military parents and public safety officers remain primary victims of this condition:

And so, while our federal government escalates its military involvement around the globe, soldiers are returning to empty homes, child alienation and felony support warrants. I was able to save the life of one such victim from attempted suicide at a parenting convention we sponsored in 2011, but the unsuccessful instances are more telling, see i.e. Purple Heart’s Final Beat, Second Class Citizen.Org (2009).

Father discrimination may be the convenient scapegoat for politicians seeking to advance themselves, but as President Calvin Coolidge is quoted: “A country which forgets its defenders will itself be forgotten.” This message resonates as well with our domestic defenders. Virtually all responders on 9-11 were men entitled to equal treatment under the law. Yet an unpublicized number of fathers became eternally separated from their children and families without any changes to these laws as construed and enforced by our courts.

 

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In another excerpt, the report describes not only how public safety officers are victimized in custody determinations based on their line of duty but how those duties are compromised and subjected to increased risks:

A natural outcome of this history is lawlessness. Although examples abound throughout the country, their causes are highly suppressed in police and media reports. In my own small home town, a police investigator committed a murder-suicide upon his ex-spouse after leaving support court which had him reportedly living on $28 per week after all the deductions and asset executions.

Draconian enforcement practices lead to seizures of various licenses ultimately producing homeless victims. Facing such prospects, this law man used a common kitchen knife to complete his crime, voiding any deterrent effect of the inflammatory protection orders issued. It left three children with no parents and city taxpayers responsible for a $2 million wrongful death pay-out, see Pearce v Longo, 766 F. Supp.2d 367 (NDNY 2011).

Kindly help us secure reform by supporting our work here at Parenting Rights Institute. We rely on donations to make such work possible. This report must be shared with persons or entities with resources to help us open offices in every state. Custody Court Dysfunction is a growing epidemic traced to PTSD, Parent Alienation Syndrome, moral decay, health care costs and productivity declines in the workplace.

Contact us at our office at (315) 380-3420 or direct at (315) 796-4000. We also offer a Court Program for self-represented parents and those wishing to consider mediation and other litigation alternatives at http://www.parentingrightsinstitute.com. We also prepare book manuscripts for those wishing to publish their court ordeals.

Download our report at:  https://www.scribd.com/doc/309595636/Custody-Court-Dysfunction

Alarming Report on Custody Court Dysfunction Going Viral

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Dr. Leon Koziol interviewed by 60 Minutes host Morley Safir in Leon’s office for a 1999 documentary on government abuse. Will a crew return for Custody Court Dysfunction ?

Due to overwhelming demand for Dr. Leon Koziol’s newly released report, Custody Court Dysfunction, we are not able to fulfill all the inquiries by direct response, nearly 1,000 in a single day. Therefore a download option is now available below.

We have been contacted by parents, service providers and court victims from around the country anxious to use this expert report in their litigation and personal matters. It provides a crucial insight on how the system operates to harm you, how an unsuspecting public is duped into hiring lawyers and filing petitions in court only to have their lives, children and families irreversibly damaged.

Custody Court Dysfunction is a newly disclosed condition which has reached epidemic levels. Based on decades of involvement in custody, divorce and civil rights litigation, Dr.Koziol has published this report to demand accountability and overdue reform in these courts. Be a part of it. Get your copy now.

An Epidemic of Mass Proportion Suppressed by Government and Bar Associations Across America: Vital Funding Request to Advance Shared Parenting, Nationwide Reform and Justice in Divorce and Family Courts.