IN THE CIRCUIT COURT IN AND FOR
OKALOOSA COUNTY FLORIDA, JUVENILE
DIVISION
IN THE INTEREST OF:
xxxxxxxxxxxxxxxxxxxxxxx, DOB:
Case
No: xxxxxxxxx
and
xxxxxxxxxxxxxxxxxxxxxxx, DOB:
Case No: xxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxx, DOB:
MOTION TO ???
Here is the most important thing
to the court. WHAT are you asking
the court to do. From my reading
of the paper, I am not clear on what
has happened or what you are asking
the court. You made the case
well of violations they havecommitted
and that is perfect - now you want
to be clear in the title - have they
terminated parental rights?
Is that what they are moving for?
Whatever this says relates to what
they are doing to you - say "AFFIDAVIT
FOR REVERSAL OF TERMINATION OF PARENTAL
RIGHTS " if that has already
happened.
OR "AFFIDAVIT TO SHOW CAUSE"
Motion to Make Clear and Certain"
could go under that.... then
in the first paragraph you make it
clearer - "________ moves the
court to make clear and certain the
evidence and authority for not releasing
_______________....... you can word
this better - I am SO tired !!!!
But that is the gist of it, and ALL
legal papers are the same as this......
the elements of the title and
the first paragraph are always this
- you state WHO you are, WHY you are
before the court, WHAT court you are
in (you state jurisdiction) and then
WHAT you want the court to do
- always the same.
Again, the title at the top says
whatever it is you want in a sentence
- then the first paragraph explains
that, then the affidavit supports
the first paragraph as in "by
and for the following reasons"
and then you go through your numbered
paragraphs as you have done.......
thats it !
Comes now, xxxxxxxxxxx, pro-se,
biological mother to the above-named
children, in the above-entitled cause
and moves the court to show cause
why:
"Pro Se" means literally
"represent myself" - you
cannot "represent your
self, you ARE yourself, the human
in that court, NOT a corporation to
whom their rules apply. Your
rights are in YOUR OWN JURISDICTION
- SUI JURIS - and that is the status
you claim in that courtroom in order
to be claiming your Inherent Rights.
Sui Juris is you, your children, your
human rights...... there is more why
this is so, but for this document,
I am not going to go on and confuse
you, just make comments.....
also we write Freeborn Natural People,
expressly NOT a corporation (some
states have in their "laws"
that unless a party expressly states
they are not a corporation then the
court proceeds as this is an assumption.....
assume means make believe - )
On the way this is structured
you may change the worda : "to
show cause why" - you should
end that sentence with something like
"by and for the following reasons"
and then a ":"......that
way it fits to the next part.
Your first paragraph stands, then
you write AFFIDAVIT then come down
and go on as you have - at the beginning
and at the end of the affidavit, you
SWEAR IN, and at the end you SWEAR
OUT, otherwise it is like the fraudulent
state affidavits - they swear only
at the end of their documents, and
that means they only swear their signature
!!!
Now, it fits if you have said
"by and for the following reasons".....
1) This Court showed lack of procedural
sufficiency, by violating FL
Statutes Ch. 39.622 (Long-term Custody)
by:
same thing here - "by"
fits to this first sentence, but does
not fit as the beginning to "b',"'c"
or the rest...... I would remove the
by and let your sentences stand on
their own, unconnected to the first
part.
a) Placing
her children in Long-term Relative
Custody with Relatives who
did not 'have custody of her children
for at least the 6 preceeding months,'
persuant to FL Ch. 39.622
b) The biological
mother did not 'Consent to Long-term
custody',
persuant to FL Ch. 39.622, nor were
her parental rights terminated.
c) The biological
mother did complete her case plan
in full prior to
Long-term Relative placement of her
children.
Did the state violate that contract?
Say so if they did, state facts, not
general statements, how they did it......MOST
IMPORTANT POINT TO MAKE IS YOU NEVER
AGREED TO THE TERMS OF THE CONTRACT
KNOWINGLY THAT IT WAS VOLUNTARY WHEN
THE STATE TOOK THE CHILD.
YOU SAY 'I WAS NOT INFORMED THAT THIS
COMPELLED CONTRACT WOULD EXPLOIT
MY SIGNATURE TO HOLD MY CHILD HOSTAGE
AND FAMILY RANSOM.
EVERYTHING IS A CONTRACT, AND
YOU WOULD NOT HAVE AGREED TO THE TERMS
HAD THEY TOLD YOU THAT YOU HAD THE
RIGHT TO SAY NO TO THEIR VOLUNTARY
SERVICES ! THIS IS THE MAJOR FRAUD
THEY ARE ALL COMMITTING, WHILE IN
COURT PROCEEDING THAT YOU VOLUNTEERED
FOR ALL THIS. YOU DID NOT KNOW,
SO THIS WAS AN UNLAWFULLY COMPELLED
CONTRACT, ALL UNCONSTITUTIONAL.
d)
Reunification between the biological
mother and her children is in
her children's best interest, as she
has completed her case plan, has
submitted Character-Witness letters,
and has submitted Documentation from
Professionals proving that she is
indeed a fit and proper parent to
this
Court.
has she been able to get this
into the record? Has she been
able to make the record when she is
in court? Are these things in
the record? If not, say so if
she has been blocked. Also a
seperate paragraph if she has ever
had an attorney who did not get her
discovery. And if the court
is proceeding against her without
having provided full discovery, that
is a BIG no no, and you need to get
that into the record here in its own
paragraph that the court has proceeded
without disclosing the slanderous
file they are using against her.
e)
This Court had not presented any credible
or substantial evidence to
deny the biological mother custody
of her children.
Make this more emphatic that there
is NO EVIDENCE and that she has NEVER
BEEN CHARGED WITH A CRIME
f)
This Court did not comply with Florida
Rule of Juvenile Procedure
8.615(a)(1) which states that
this Honorable Court has a duty and
obligation
to appoint counsel for said indigent
respondent after the Notice
of Motion
to Withdraw, previously served and
filed on August 6, 2002 by Attorney
xxxxxx
xxxxxxx, which was granted on August
13, 2002 by Judge xxxxxxxxxxxxxx,
thereby denying respondent her Right
to proceed with Responsible Counsel
to
show proof that there is no credible
or substantial evidence that would
deny
xxxxxxxx, the biological mother of
the above-named children, custody
of her
children.
This next sentence is probably
the MOST important statement in the
whole paper. This needs to be
in the numbered paragraphs at the
top, along with the failure to produce
discovery, or an attorney leaving
her without discovery, or failing
to provide an agressive defense -
that word is important, as all the
words are important - these terms
all mean alot in the court - they
don't tell you though...... just like
Sui Juris - EVERYTHING in a court
has to be STATED and WRITTEN.
Without A CRIME and EVIDENCE of
a crime, and a lawful prosecution
they have NO AUTHORITY _ NO JURISDICTION
to interevene in ANY family.
At the top, in the first paragraph,
you need to put that "Juvenile
Division" is NOT a "court
of competent jurisdiction " NOT
a "COURT OF CONSTITUTIONAL JUDICIAL
DUE PROCESS" Important
to use THOSE words, as that is our
lawful court. They know ALL
of this....
(note-she was NEVER charged with
a crime, never abused drugs or
alcohol, and never harmed her kids!
They just came and took them away
in Feb
2000 because she and her husband were
seen arguing in a parking lot!!!)
the way to say this is AGRESSIVE
DEFENSE - "Court did not
provide agressive defense - again
this relates to what i said before
about if they have proceeded agaisnt
you without full discovery
Wherefore, respondent finds this
entire proceeding to be a Sham(?),
as it
constitutes an abridgement of her
14th Amendment Right to Due Process
of law,
deprives her of her 4th Amendment
Right, by the State seizing
her children,
and believes that the Department of
Children and Families is operating
in
violation of the United States Supreme
court in that they are operating from
Administrative Rules and regulations
that pertain to government workers,
and
not to the sovereign citizen.
This Motion is based on all
pleadings, papers, records, and files
in this
action.
Petitioner designates the records,
papers........ and if there are other
case numbers put them here - so they
can find and identify the records
you are referring to.....
Respondent prays that this Motion
be granted so that she may
no longer be deprived of her Constitutional
Right as the Sovereign biological
mother of her above-named children.
Say something about reuniting
Family Body, Sovereign, Unalienable
Rights to raise her family unmolested
and without state intervention.
If you are Grandma, you need to
put your name at the top and put for
and then their case names.....
You also need to put Amicus Curiae,
(Friend of the Court) on the
top where you put your title - the
way it works is the case is directly
your daughters - this whole document
for the most clout should be in her
name and her signature, but you can
do it for her too.....
But the strongest case is your
daughter herself, and it is
her right to get discovery, they don't
give this to relatives or grandparents
to plead for their adult children.....
What we are pushing for is
Grandparents and Adult Children to
fight the state as a Family Body,
so focus on this as much as possible.
Constitutionally it is all about Families
and protection of Inherent Rights.
Respectfully Submitted,
__________________________, September___,
2002
xxxxxxxxxxxxxxxx
xxxxxxxxxxxxxx
xxxxxxxxxxxxx
xxxxxxxxxxxx
The suggestions I have made are
to tighten up your paper.
No crime, no jurisdiction in a
lawfull court. You are NOT in
a court, and you say so in the record
as you go - in Oregon the Jusice Dept.
terms these courts "QUASI JUDICIAL
ADMINISTRATIVE PROCEEDINGS" and
so you can use that term. Look
it up it means non constitutional,
pretend, artifical....
The whole bottom line to what
is going on in a court is this.
They state a fact, you have to dispute
it. You state a fact, they have
to dispute it. As a former prosecutor
told me "the real deal is who
can run who out of the courtroom first".
The goal is to impeach your opponent
in this game.
Simply it is like this - I say
you broke my window last saturday.
Now if you di dnot break my window
last saturday, then you are going
to pipe up and dispute this - and
you are going to do it with facts
- NOT denial . The Law says
Denial is not enough. You say
"I did not break your window
last saturday I was not in town and
I can prove it" or whatever.
YOU DISPUTE THE FACTS STATED.
Now, what happens in these outlaw
courts is they do not charge anyone,
they use hearsay and denial, all totally
unlawfull. However, it is not
"illegal" because the terms
"legal" are their rules,
they always have a written rule somewhere
that "lets" them violate
your rights. So you learn the
difference and say "lawful"
and "unlawfull".
So, back to the court - in these
courts generally they say all kinds
of things and you don't even get to
talk in court - if you have an attorney
he will not let you speak and he will
not dispute the facts. Then
on top of that there are volulmes
of records he does not get, all your
discovery, and you don't ever see
it so you don't have any idea of the
facts you have to dispute. And
in the record there is NO dispute
!
The "court" rushes you
to judgement, without law, railroads
over you, and then all that goes up
the court of appeals is the
RECORD. If they cann prevent
your records from stating the facts,
then in the court of appeals there
APPEARS to be nothing to appeal!
Another terrible thing that happens,
is say you go to a Senator or someone
in authority to help you. The
first thing they want is a waiver
to look at your records. Then
they get this slanderous file you
have never even seen and they take
one look at the lies that are there,
but they are presented as a truthfull
court file. The lies are not
disputed. And that is
the last time you will ever hear from
that Senator - they take one look
at the allegations and get as far
away from you as possible !
The DECEPTION and the COLOR OF LAW
is unbelievable !!!!
So every court is the same in
most respects - everyone in court
needs to write out their facts that
the other side cannot dispute - and
all the documents they bring in you
must go through line by line and dispute
their lies...... their "findings
of fact and conclusions of law"
you skewer their "case"
by doing this.
And then everybody has to start
getting their discovery to know
what they are using against you that
you have not seen.
In a lawful court EVERYBODY sees
EVERYTHING, and there is a JURY and
they see the whole of the evidence.
IN A LAWFUL COURT IT IS AN AGRESSIVE
SEARCH FOR TRUTH.
THESE 'COURTS' ARE PROSECUTION
AND CONVICTION COURTS ONLY, WITHOUT
EVEN A STANDARD OF TRUTH. NO
PENALTY OFR PERJURY FOR THE STATE,
WHO ACT WITH SELF ALLOWED UNLAWFUL
IMMUNITY.
Also, it is up to us to excercise
this lawful jurisdiction ourselves
- they do not "give" us
anything. We are the authority
and you are claiming what is yours
and protecting your children from
abuse. They have no right or
authority and they know it, for the
things they are doing, especially
when they have NOT charged anyone
with a crime, as in 99% of the cases.
THAT is the MOST important point of
all.
Remember FACTS are the key - caselaw
for support, great, and use anything
to help make your affidavits as tight
and concise as possible - everything
as CLEAR as you can, and demand they
do the same (they don't !)
I don't want to confuse you either,
so let me know if you need more.
You already have a document that you
could use as it is, but with the things
I have shown you it will be
something they cannot defend against
or dispute, and then if you were in
a real court, the child would come
home. With the heat being generated
by the People waking up to the nature
and method of this abuse, it is changing,
and we are praying for the day our
rights start being upheld in our own
Lawful courts.
Bless you,
Pamela
This is what is in the Sui Juris
book and everyone needs to read it.
If they are in court they need to
know everything it says in order to
hope to survive the ordeal.
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