Family Court judges routinely appoint a private lawyer (in New York State they are called “Attorneys for Children”) to act as a government-sponsored agent, even in normal custody cases, i.e. cases not involving any abuse or mistreatment of a child, under an “administrative” order. An administrative order is one entered by a judge without holding a hearing or fact-finding followed by the application of law to the facts as interpreted by the judge. (For more detail of description on administrative orders see “Strict Legal Limitation on Use of Administrative Authority.”) Since Family Court judges deal with American’s most precious right, their parental rights, administrative acts in Family Court are just as or even more consequential that any other state court in our country. Yet criminals are afforded from protections that parents are in today’s fraudulent State Family Court Systems.
These administrative appointment orders are not subject to a legal review by an appeal body. How could they be? There is no factual record containing evidence or clearly stated reason explaining and justifying governments authority and need to authorize a private lawyer to invade the sanctity of a family and speak to a child without the presence and supervision of their parents. This alone presents an emotional risk and due process and civil rights violation. It is a violation of parental rights and the taking of liberty without any due process.
What is a parent to do in this situation that is created in an already emotionally charged environment? Most Americans are never involved in complex personal litigation, much less litigation that goes to a trial. Suddenly out of the blue they are faced with a state Family Court manufactured administrative order.
Appeals are complicated, exhausting, costly and extraordinary legal proceedings. Suddenly a parent is faced with having to pay an attorney who is unaccountable to them and who is a “protected” individual under law by the Court, who is immune from liability, and who has access to and an informal personal relationship with the adjudicating presiding judge through off-the-record gatherings. The parent is left alone to process what just happened to them and is given no alternatives or choices but to appeal.
The court-appointed private attorneys are allowed to speak on behalf of children, making the child a part of the process as if an infant or a Child who has no legal rights is suddenly assumed to know better than either of their parents as to how he or she should be educated and raised.
Unfortunately, divorce is common. However, it should not be common for parents to be so different and unable to reconcile their differences peacefully and personally within themselves to need to resort to custody litigation in state Family Courts, and most people do not readily identify with the importance to all Americans of how the Government has been allowed to act under these situations. This is exactly why the office of the people must act not only to protect these parents and their children who are members of our civil communities but to protect each and every citizen, each and every American, from this type of unaccountable Government intrusion in private families and life.
Not only are parents faced with the emotional trauma of having a private attorney act as an unaccountable government-sponsored agent in their own homes who can actually speak with their children in private and persuade them against the parent’s desires, but the Attorney for the Child can be an accomplice to the Family Court Judge using administrative powers and orders to delay and prolong the proceedings and create financial burdens for parents, thereby denying them access to Justice.
In every State’s Judicial System there are laws that prohibit any judge from using administrative powers to make decisions, to take discretions with the People’s rights or to affect Judgments. There can be no argument that granting any government official, much less a Judge in a court of law and records, the power to act without due process or to make any decision that affects the People’s rights, without first creating a trustworthy open record of facts that have been tested for compliance with rules of evidence and facts that are allowed in a court of law. Without evaluating those facts and rendering a written decision based only on those facts which discloses a Judge’s reasoning and shows the clear and certain authority and jurisdiction to render such decision, there can be no justice for Citizen’s who walk into court.