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Topic: Dealing with a family judge who is biased and discriminating

Created on: 10/24/20 06:25 AM

Replies: 15

ANITA7


Joined: 10/02/19

Posts: 3

Dealing with a family judge who is biased and discriminating
10/24/20 6:25 AM

I have had the absolute worst experience in Family Court that I’d like to share. I am in Macomb county Michigan, and my family court judge hates me for reasons I can only assume. I believe that he is discriminating against me and is biased due to some of his affiliations. I found out after losing everything I owned, including my children when I found out that my boyfriend’s family has had a long history with this judge as rivals.

The judge and the friend of court judged me from the get-go and my ex accused me of being mentally unstable which is not the case, and I believe that is why I have been treated so poorly. Between the divorce and the child custody battle, he was awarded everything! The judge gave him the family home including everything in it, which included furniture and belongings that I owned before the marriage even but the judge ordered him those things too. My girls were taken away from me after he took the house and My thingswere thrown out to the front lawn and I was thrown out like the trash. Surprise evection!

And now the judge ordered me to pay child support. I am unemployed and am disabled. He works full-time and makes good money while I make nothing. They flubbed the numbers on the child support formula that are far above what I should be paying. They imputed income to me based on no info whatsoever. In fact, all they did was list the factors in which they were supposed to consider when imputing income. But gave no reasons or facts to the factors. Imputing income according to law, is not appropriate when a person is a means-tested assistance. Which I am. I stated that to the judge and judge didn’t care. He simply said I don’t agree. Now I owe more than I have the ability to pay. I am in tears about the whole situation.

I took this class and passed with a jurisdictionary cert..I followed what the class taught, and presented it to the judge but facts of law Law were simply disregarded. I am throwing in the towel! I hope others Here are having better luck than me. Thanks for reading

Anita Novak

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EARL5


Joined: 02/01/18

Posts: 5

RE: Dealing with a family judge who is biased and discriminating
02/06/22 1:23 PM

I am so sorry to hear what happend to you it really hurts and I really do feel for you.especialy your Children.
I do not know if this will reach you in time but you can fight back. Just a little note on what you could of done was challenge thier jurisdiction, They have to prove on the record that they have Subject Matter Jurisdiction in order for the Court to move Forward.
If Jurisdiction can not be provide the time that it has been challenged it must be dismissed.

The Court would lack jurisdiction being that there is evidence to support the improperly contrived subject matter by proper legislative process; and the Eleventh Amendment of the United States Constitution removed all “judicial power” in law, equity, treaties, contract law and the right of the State to bring suit against the People, therefore the “Defendants” now challenge jurisdiction for the record.
Once jurisdiction is challenged, it must be proven. Hagens v. Lavine, 415 U.S. 533, note 3.

Mere good faith assertions of power and authority (jurisdiction) have been abolished. Owens v. The City of Independence. [Cite omitted]

H.R. 1491 (1933) and McDonald v. City of Chicago, that brought this 14th Amendment subject up... if we are actually considered (assumed and presumed by the gov.) to be 14th Amendment citizens and the implications for us... obligated to leave us alone and not apply the gov's Administrative Law to us ?

Standing must also be proven to show jurisdiction. In order to bring a case in court, litigants must have "standing" to sue. In order to have standing, Supreme Court doctrine requires that parties have an "injury in fact." This injury must be specific and concrete - rather the speculative and abstract. Standing requires the violation of a legal right that causes damage. “A plaintiff must allege personal injury fairly traceable to the defendant's allegedly unlawful conduct and likely to be redressed by the requested relief.” Allen v. Wright, 468 U.S. 737, 751 (1984) and:
“To gain standing to bring an action, a plaintif

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EARL5


Joined: 02/01/18

Posts: 5

RE: Dealing with a family judge who is biased and discriminating
02/06/22 1:36 PM

CONT:

must allege a distinct and palpable injury. Warth v. Seldin, 422 U.S. 490, 501.” Sears v. Hull, 961 P.2d 1013, 1017 (1998).

“To gain standing to bring an action, a plaintiff must allege a distinct and palpable injury.” Fernandez v. Takata Seat Belts, Inc., 108 P.3d 917.

Lujan v. Defenders of Wildlife 504 U.S. 555 (1992). The test has three elements:
First, the plaintiff must have suffered an “injury in fact”—an invasion of a legally protected interest which is (a) concrete and particularized, and (b) “actual or imminent, not ‘conjectural’ or ‘hypothetical.’” Second, there must be a causal connection between the injury and the conduct complained of—the injury has to be “fairly . . . trace[able] to the challenged action of the defendant, and not . . . th[e] result [of] the independent action of some third party not before the court.” Third, it must be “likely,” as opposed to merely “speculative,” that the injury will be “redressed by a favorable decision.” The Lee/Cleveland Cliffs majority also held that a litigant must meet the Lujan
standing requirements regardless of whether the Legislature expressly created a cause of action or conferred standing on the litigant because, although the Legislature has the power to create causes of actions, it does not have the power to expand the judicial authority granted to the courts by the Michigan Constitution. See Mich Citizens for Water Conservation v Nestlé Waters North America Inc, 479 Mich 280, 302-303; 737 NW2d 447 (2007). The Court also held that a litigant must meet Lujan’s requirements in order to bring a declaratory action. Associated Builders & Contractors v Dep’t of Consumer & Indus Servs Dir, 472 Mich 117, 124-127; 693 NW2d 374 (2005).

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EARL5


Joined: 02/01/18

Posts: 5

RE: Dealing with a family judge who is biased and discriminating
02/06/22 1:38 PM

CONT:

Explain and show how the action is of the kind authorized by statute. Martin v Chandid, 128 F2d 73 1; Pacific Mills v Kekefick, 99 F2d 18 8.

"In cases where the court is conferred power to adjudicate by virtue of a statute, the court's jurisdiction is strictly limited by the statute." In a court of limited jurisdiction, whenever a party denies that the court has subject-matter jurisdiction, it becomes the duty and the burden of the party claiming that the court has subject matter jurisdiction to provide evidence from the record of the case that the court holds subject-matter jurisdiction. [Emphasis added]

All orders or judgments issued by a judge in a court of limited jurisdiction must contain the findings of the court showing that the court has subject-matter jurisdiction, not allegations that the court has jurisdiction.

With that being said... you can sue the Judge's bond via Title 42 1983 under the color of law in his personal capacity and by violating you due process rights.

MINNESOTA IN SUPREME COURT

child support which was deemed un-constitutional in (STATE OF MINNESOTA IN COURT OF APPEALS C7-97-926 C8-97-1132 C7-97-1512 C8-98-33, Filed June 12, 1998).

The decision was up held in the Supreme Court. (STATE OF MINNESOTA IN SUPREME COURT C7-97-926 C8-97-1132 C9-98-33 C7-97-1512,)

Filed: January 28, 1999. This alone constitutes that no jurisdiction could exist. Because child support was found to be lacking, any provision for the separation of powers act in the US Constitution in both the Federal and the state law.

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EARL5


Joined: 02/01/18

Posts: 5

RE: Dealing with a family judge who is biased and discriminating
02/06/22 1:40 PM

CONT:

The following rulings state this applies to the instant case. Mills v. Duryee, 1t1 U.S. (7 Cranch) 481 (1813), the United States Supreme Court ruled that the merits of a case, as settled by courts of one state, must be recognized by the courts of other states; state courts may not reopen cases which have been conclusively decided by the courts of another state.

Later, Chief Justice John Marshall suggested that the judgment of one state court must be recognized by other states' courts as final.

Also Ableman v. Booth 62 U.S. 506 where the higher court stated the lower courts were bound by all federal court rulings.

As well Howlett V. Rose, 496 U.S. 356 (1990) Federal Law and Supreme Court cases apply to State court cases. (Cooper v. Aaron, 358 U.S. 1) (1958)–States are bound by United States Supreme Court Case decision

PLEASE TAKE NOTICE:
DO NOT TAKE THIS AS LEGAL ADVISE.
PLEASE DO YOUR OWN RESEARCH AND MAKE IT YOUR OWN.

GOOD LUCK TO WHOM EVER READS THIS AND GOD BLESS

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Dealing with a family judge who is biased and discriminating
02/06/22 3:40 PM

challenge jurisdiction of the court

hold your ground and object until the matter is addressed

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SHARI2


Joined: 08/25/21

Posts: 8

RE: Dealing with a family judge who is biased and discriminating
03/06/22 3:04 PM

Can you challenge jurisdiction at any time in the process?  Does it matter that I brought the Complaint for Divorce?  My children have lived in Michigan their entire lives, and I wanted custody of my children and not my abusive husband.  I wasn't born in Michigan, I no longer live in Michigan, I don't have a Michigan marriage license (married in unincorporated territory of US). 

For my divorce in Michigan, the issue of jurisdiction is obvious, but I am currently waiting appeal results.  I have been prejudiced against since divorce is all about money for Michigan and Divorce Corp and these judicial criminals are so obviously corrupt.

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JOSEPH66


Joined: 08/16/21

Posts: 74

RE: Dealing with a family judge who is biased and discriminating
03/06/22 4:54 PM

Read US v. Lopez and Hagans v. Levine both void because of lack of jurisdiction. In Lopez the circuit court called it right, and in Hagans it had to go to the Supreme court before it was called right, in both cases, void. Challenge jurisdiction and motion to dismiss, right off the bat. If you read the supreme Court cases you will find that jurisdiction can be challenged at any time and in the case of Lopez it was a jury trial which was declared void for want of jurisdiction. If it [jurisdiction] doesn't exist, it can not justify conviction or judgment. ...without which power (jurisdiction) the state CANNOT be said to be "sovereign." At best, to proceed would be in "excess" of jurisdiction which is as well fatal to the State's/ USA 's cause. Broom v. Douglas, 75 Ala 268, 57 So 860 the same being jurisdictional facts FATAL to the government's cause ( e.g. see In re FNB, 152 F 64).

A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity. [A judgment shown to be void for lack of personal service on the defendant is a nullity.] Sramek v. Sramek, 17 Kan. App. 2d 573, 576-77, 840 P.2d 553 (1992), rev. denied 252 Kan. 1093 (1993).

"A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. It is clear and well established law that a void order can be challenged in any court" OLD WAYNE MUT. L. ASSOC. v. McDONOUGH, 204 U. S. 8, 27 S. Ct. 236 (1907).
"There is no discretion to ignore lack of jurisdiction." Joyce v. U.S. 474 2D 215.
"Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted." Latana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F Supp. 150.
"The law provides that once State and Federal Jurisdiction has been challenged, it must be proven." Main v. Thiboutot, 100 S. Ct. 2502 (1980).
"Jurisdiction can be challenged at any time." and "Jurisdiction, once challenged, cannot be assumed and must be decided." Basso v. Utah Power & Light Co., 495 F 2d 906, 910.
"Defense of lack of jurisdiction o

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KIMBERLY12


Joined: 02/16/22

Posts: 2

RE: Dealing with a family judge who is biased and discriminating
03/10/22 8:12 AM

Post 1 of 2—-Can anybody help me with my cases. I have 2 daughters (6 month old and a 2 and a half year old) with my husband (whom I have been married to for 12 years. We have never had the privilege of ever having custody of our daughters because a CPS caseworker got us to enter a Safety plan for our oldest before she was even released from the hospital based on things that we stupidly voluntarily admitted to wrongs that we did before our daughter was even conceived and the caseworker decided we were a risk of repeating the same things. We of course didn’t know anything about juvenile dependency law and naïvely believed that these people actually cared about families and children. Two days into the safety plan, the same caseworker violated us on the safety plan for no reason at all and told us that we needed to move out of our home and let our roommate become kinship guardian of her or the only option that we had where we got to stay in our home would be then taking her into foster care where the caseworker described, “children usually are abused and she could even so much as possibly end up being raped.” So of course we left our home. Upon going to court we found out that me and my husband had separate Public defenders and we were told that if we didn’t waive our right to hearing then we will go to jail because it is the caseworkers word against ours and the judges always do whatever they say so we waived our right to hearing (since at that time we had the mistaken believe that our public defenders wouldn’t steer us wrong). We eventually lost legal custody and we didn’t even understand why until a year later, once my second public defender wronged me and filed the most pathetic appeal I have ever seen and even more we learned after our second child was taken from us by them (again while she was still a patient at the hospital where she was born) and that case began. <————-must continue in another post———>

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KIMBERLY12


Joined: 02/16/22

Posts: 2

RE: Dealing with a family judge who is biased and discriminating
03/10/22 8:23 AM

Post 2 of 2——— Upon discovery in this case, we seen all kinds of documents that we didn’t even know existed. Official Decisions, that were very important and appealable documents that we needed to see to know what was happening, that the caseworkers were mailing to addresses that we have never lived at all the while they were still managing to mail caseplans to our correct addresses. So in the discovery we also finally got to see the real reason the judge granted the legal custody motion to the kinship guardian (who I was no longer friends with as she filed a false police report against me and my husband trying to get us arrested or something still unknown to me as to why and also alienated all of us and put a big strain in my ability to visit my daughter when she had the court order 1 hour supervised at a 3rd party per week as our visits (later the caseworker set that in stone when she retaliated against me for filing a complaint against the guardian for sharing nude photos and videos of my baby on social media by telling them they weren’t allowed to even change or ever increase visits for me and my husband because if they did then they would go to court for contempt, which was a lie and she had no authority to even say such a thing being as how she was dismissed from the case as soon as legal custody was granted and the case was dismissed). Anyways, they took my second daughter because of a history of losing custody of a sibling in a dependency matter. I fought as best I could and didn’t sign anything but I still lost but the biggest thing about my discovery is that I finally seen that the first case went so terribly wrong because the intake caseworker wrote a false affidavit against me and my husband there has to be a lot of ways I can go at this but I’m finding more questions than answers and this time they’re talking about terminating my rights.

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SHARI2


Joined: 08/25/21

Posts: 8

RE: Dealing with a family judge who is biased and discriminating
03/12/22 12:49 PM

So sounds like filing a motion to dismiss based on lack of personal jurisdiction and/or subject matter jurisdiction can be used in family law cases (this is no help though with me getting parenting time with my children). However, what about a defense to supposedly waiving lack of jurisdiction or some other argument that could be brought up? After I fired my attorney, but prior to finding JurisDictionary, I consulted with an attorney who said my judge was not any good and the Friend of the Court (FOC) limited licensed psychologist was "dangerous". My judge has denied every single motion of mine:

Motion to Revise Custody and Parenting Time (for summer) -- denied

Motion to Show Cause for Perjury, False Statements, and Obstruction of Justice (80 exhibits) -- denied, no reason given

Motion to Reconsider Opinion and Order -- denied

Motion for Rehearing -- denied

Motion to Stay -- denied, no reason given

(also Motion to Stay filed with Court of Appeals -- denied, no reason given)

-- to be continued

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SHARI2


Joined: 08/25/21

Posts: 8

RE: Dealing with a family judge who is biased and discriminating
07/06/22 5:53 PM

I was a domestic violence victim and I fled from Michigan with my children (also abused) to use geographical distance for protection (plus no family in MI). My case was sabotaged by my attorney (later fired), over time I realized I was financial prey and I was dealing with a racket of judicial criminals and supporting staff that want child support extortion and title IV-D kickbacks. All my motions have been denied.

While I was waiting for appeal results, some of my filings include (no feedback yet):
1)Notice to Court Acceptance of Oath of Office
2)Notice to Court Motion to Disqualify Presiding Official Under 28 USC Section 455 For Failure to Remain Impartial
3)Notice to Court Motion to Disqualify Presiding Officer of the Court for Practicing Law from the Bench in Accordance with 28 USC Section 454 Practice of Law by Justices and Judges
4)Notice to Court Change of Venue All Matters in Law and Equity Must be in an Article 3 Court or Dismiss this Matter With Prejudice as Required by the Constitution for the United States of America
5)Notice to Court Objection Non-statutory Common Law Writ of Quo Warranto Proceeding Challenging Jurisdiction of the Court to Issue Order of Support in Violation of Due Process
6)Notice to Court Objection to Court Order Dated April 13, 2022
7)Notice to Clerk of the Court To Provide Evidence of Injury in Fact

(no evidence of injury was provided)

8)Notice of Default Judgment Filed Under Federal Rule 55 or a State Law Equivalent Michigan Rule 2.603 Notice of Dismissal in Response to Petitioner’s Failure to Meet Constitutional Requirement of Meeting the Minimum of Standing to Bring a Claim.

I am waiting to see if a judge will sign the Default Judgment to make the case null and void for failure to provide proof of jurisdiction and injury in fact. But, instead she granted my ex an Order (for me) to Show Cause for not following a court order, so looks like she has ignored all of the above.

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