Control of Judicial Intervention

The way things are today Americans that come to Family Court will not be treated with respect or dignity ordered by law to control the influence of government intervention in their private lives.  They will be confronted by an individual judges who acts as if they have more power that parents have over their own children.  In fact they do not legally have this power, no judge has any more power than those given to them by law.

As a matter of law, in all American states, Family Court Judges do not have any greater discretion over matters that fall under their jurisdiction or persons that come before them than any other judges in other courts.  On the contrary, commonly in most states, and in New York under the Family Court Act’s Part 5: General Powers, Section 151 Family Judges are made magistrates not judges.  They have limited jurisdiction.   Family Court is court create by legislation, not by the State’s Constitution, and lacks equity powers. Thus  Family Court is an “inferior.”  Furthermore, as shown in our “Parent Rights” section irrespective of custody circumstances, whether or not a parent has physical custody or not, parents rights are greater than the States, except in rare cases that are not the subject of the EVA organization.

Unfortunately, contrary to all of above law, in practice Family Court judges are allowed to take discretion with individual American parental rights.  This is described in detail in the Introduction menu found on our front page under “Mission Statement for the Nation.” and elsewhere.  The problems occur in the lack of administrative day-to-day, case-by-case supervision of every act that Family Court judges take.  Here it a copy of a statute that addresses a Family Court Judge’s discretion.

Family Court Act Part 4.Family Court Judges, Section § 141. Findings

This act defines the conditions on which the family court may intervene in the life of a child, parent and spouse.Once these conditions are satisfied, the court is given a wide range of powers for dealing with the complexities of family life so that its action may fit the particular needs of those before it.  The judges of the court are thus given a wide discretion and grave responsibilities.

The people of the state of New York have concluded that legal training and experience should be required before any person may assume the office of family court judge and so provided in section twenty, paragraph a, of the judiciary article of the constitution of the state of New York.  Judges of the family court should also be familiar with areas of learning and practice that often are not supplied by the practice of law.

In fact, no judge in any Family Court can violate the law and law requires all judges to be patient, respectful and polite.  No matter how limited a judge’s jurisdiction or the fact that his court is inferior to others in the state, all judges in all courts of record and law are strictly prohibited by law from TAKING ANY DISCRETION WITH ANY RIGHT OF A PERSON without the following:

  • a.) first, creating a honest, trustworthy record of the facts that meet the standards found in the rules of evidence,
  • b.) second weighing this record to determine what Is most important and reliable and explaining his reasoning, and
  • c.) finding and stating his legal authority for making his decision.

The People of the State of New York and their representation have not given Family Court Judges any power to act independently of the judiciary laws governing all judges and the laws of reason to take any rights from them administratively without due process.  On the contrary, ask any American whose rights must be protected more a person charged with a crime or a parent that want to care and love their child, a person with deed on a property or a parent with an interest in the future of their child, and by and large all Americans would vote for the parent.  Thus all American desires at least equal if not more protection for parent rights that any other rights.  This principle is found in the U.S. Supreme Court decision that have dealt with parent rights and cases all over the nation.  Yet they are wrongful and illegally lost in the day-to-day, case-by-case administration of Family Courts for no good reason.