Sunday, March 10, 2019

SINCE THE 2016 ELECTIONS HAS THERE BEEN CHANGES TO HARRIS COUNTY FAMILY COURTS?

I am not an Attorney. This post does not constitute Legal advice.

Well the mid term elections have come and gone. Divorces are filed at continuing paces, dockets are processed, parents show up in court and the process continues in Harris County Family Courts.

What changes are observed in the courts? well the courts seem to be better managed, cases seem to be processed in a more timely manner and the courts, to some extent seem more  respectful of litigants.

The question remains, are litigants satisfied with the level of fairness and justice provided by individual judges in the Harris County family courts or are our newly sworn judges simply accepting changes to personnel and accept the status Quo. There are families from previous years that were separated from their children who continue to go to courts with no resolution in site. There are cases that were pending that were closed with no consideration to injustices that originated from prior judges.

Unlike publicized efforts by District Attorney's office to reduce mass incarceration and acknowledge injustices involving drug use charges, the Attorney General office has not addressed disenfranchisement  of families, the punitive administration of child support, what happens to children after 18 years of age when paid to care court appointed parents no longer receive funding from the court system and the children are discarded like garbage to the spoils of society.

Or are the newly elected judges going to advocate for family law reform or simply take their chances that they will be reelected for a second term.

It is obvious that many parents are suffering the loss of their families as a result of reckless family laws. What is worse is that many family court judges are creating conditions for parents to be isolated from their children. Family courts seem to believe there has to be a winner and a loser to every case. What is lost,  is that most parents enter a divorce proceeding as hard working, caring and loving to their children. some how family court judges find ways to destroy what remains of the family by ignoring Family Codes, Rules, Statutes and even the Constitution.

These judges act more like Gods and less than judges. Here are a few examples.

One of the first things that should occur after a complaint is filed with the court, including family court is the case is entered onto a docket and a hearing is scheduled giving the Respondent the opportunity to hear and responded to charges. In family courts injunctions are frequently filed with the courts. That gives advocate and dishonest judges the first opportunity to decide the outcome of the case.Like every human being judges have personal, political and other biases.

The courts are supposed to ensure the respondent to a complaint was duly notified and prof of service returned to the court. Judges have to ensure they have jurisdiction to hear complaints and render judgement over the respondent. Too frequently, family courts ignore this basic requirement  and in many cases, a parent is thrown off their homes, they lost the companionship of their children, they are forced to pay in certain instances 51% of their income to the child support system and live with the threat of being sent to jail for visiting their home and children and  for failing to pay child support even for reasons of hardship created by the judges.

Remember many parents experienced these atrocities without knowing of hearings or notice to be in court. the judge simply begins the hearing grants a default judgement and refuses to grant a hearing for a motion to modify or set aside the default judgement. The judge simply initiate the destruction of this family and its down hill for that family from then on.

If only family court judges would adhere to existing family laws and codes, follow the required procedures for evidence impartial and fair,  many parents would cope with divorces and live manageable lives.

Rules regarding conservatory, property division, visitation and child support are ignored by family court judges who seem unable to resist  needlessly punishing  one parent, thereby destroying the children involved. Family laws were intended to manage family disputes and preserve best interest of children.
In our legal system nothing was taken to chance. Our fore fathers had witness many austerities committed against vulnerable individuals using the guise of law and  provided this country with a Constitution and the bill of rights. Our laws are what the judges say but this, ironically is a good thing.  What was not seen is the commercialization of the legal process and difficulty for average citizens to receive justice from the courts. Law makers ignore the Constitution by giving judges authority to ignore common laws and simply enact laws from the bench.
Its almost impossible to hold a judge responsible for the wrongs, or crimes committed in the name of representing laws and justice.

Our system is supposed to be based on precedence. That means the decisions compiled by judges on a repeated basis forms common opinions and establishes laws. This is important since judges are supposed to conform their opinions on decisions commonly made by other judges.

Decisions from higher courts are considered superior to that of lower courts and the US Supreme court is held as the ultimate decision maker of the land, a fact that seem to be lost with family courts.
Institution like ACLU have been fighting for preservation of our Civil Rights for many years. However, our rights are being threatened from so many areas, that our freedom and liberty is constantly being degraded. Family structures are being destroyed.

The sad reality is our rights are under attach by the very institutions charged with adjudicating justice and equity for every American.










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