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Make A Strong Legal Argument For What You Want In Family Court

Family courts violate virtually every maxim of fairness

, fair play, and equal rights. Its results rely on the whims of judges; and they're influenced by feminist nurturing, propaganda, incentives and threats that pervade the divorce and domestic violence industry for all those that don't 'go along' with it. A father should never leave himself wholly at the mercy of the family court's judges and lawyers. Among other things, he should know how to make his argument powerful.

To stand up for himself and his children against the unconstitutional and anti-father nature of family court proceedings, a father must make his case in a powerful legal way. Doing so will help him defeat the antagonistic agenda against him and to create legal ramifications for the bad judgments and bad behavior of the judge, lawyers and opposition he'll most likely confront in family court.

*What is a legal Argument?

It's exemplified in 'case law'. The written opinions of Appeal Courts judges justifying their judgments on appealed cases they rule on is case law. For each particular 'case' he adjudicates (rules upon) the appeals judge explains his judgment on the appeals case by correlating the facts of that case as established in the trial with existing law (i.e. statute, procedural, and other case law) to justify his judgment.

His written argument correlating the case facts with existing law hopefully will produce a wise judgment. If necessary, Appeals Court judges will extrapolate beyond previous justifying laws to produce a new precedent - i.e. new case law - on how such facts should suggest an appropriate judgment.

A key point for fathers to know is that the lower court (i.e. family court and other trial courts) judges are supposed to make their judgments consistent with prevailing case law. And that's what fathers should aim for when they make their arguments to the judge.

*Fathers must make a powerful legal argument in their cases:

The books of case law account for most of the books in law libraries. It's those books which a lawyer peruses to find 'law' i.e. case law that will justify - to the trial judge - that the facts of the case put forth by his client should justify a preferred judgment (or order) that the lawyer wants the trial judge to make. Again, that's because trial judges are supposed to make judgments (and orders) consistent with existing- and the latest- case law.

So a legal argument that a father should make is an argument in favor of his desired outcome (i.e. judgment) which is constructed of an advantageous correlation of the facts of his case with existing law (case law or statue law). And that law favors his outcome and undermines that of the opposing litigant. This argument also relies on proving the truth of those facts and the relevance of the law it uses.

So persuading the court - the family court judge - of the facts, the law, and their correlation is paramount in fashioning your 'legal argument' to strongly influence him towards your desired judgment (or order) from him. It also lays the foundation against him if you want to appeal his judgments.

You make your legal argument to the judge all the way through you the court process. And you do it both in what you say to the judge and what you write. This takes place when you speak your case at hearings - motion hearings, evidentiary and contempt hearings - and at your divorce or paternity trial, and, ultimately, when you appeal a bad family court judgment to the Appeals Court.

*Take action to protect yourself:

Fathers should not remain ignorant of the law - and its perversions in family court - as they give over their case solely to their lawyer or throw themselves on the mercy of the family courts. They should realize that the system has targeted them to lose their children and then be deprived of the rest of their constitutional rights.

A father must learn to fight his case to help protect himself and his children from the family court's abusive system. He owes it to himself, his children and to freedom.

by: Shane Flait
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