August 26, 2004

Taking over your case, going into court sui juris, learning your rights and the process in the court. Making the record, getting your discovery 

This article is written to send to those who contact us, often next day or days away from a hearing, usually being exploited and rendered in the court by their "own" attorneys.

This information is for everyone in a court no matter what the issue, the corrupted court process is the common theme we all face. We try to answer everyone, but are being contacted by so many in the same situations that we cant write this out every time anymore. So we will use this letter for a "first intervention" in the court for everyone to use. 

We wrote the Sui Juris book on our website for this exact reason- that people were contacting us for help six years ago and we needed to say the same things to them- the basic concept of what the court is, what their rights are, what the process it, what their options are and how to proceed, and what to do after they act against you. 

Eventually we had to write it out and that became the Sui Juris book. Everyone needs that information. This article is a primer, a "little" sui juris book, laying out the basic information we keep writing to people that is the identical information about the process and what they are involved in.

We will be sending this letter alot, and then the people can write again with more specific questions directly about their cases after they read this and get a basic understanding of what is going on and what their options are.

The first thing people have to realize is that the state agencies are only about money and profit margins, compelling contracts on people and selling the children for a profit and federal bounty. 

The problems you face are systemic, in that they are using administrative courts to take people's children, homes, jobs, assess fines, payments and judgments, countless ways they have set up to destroy families and children. It is child abuse industry, so far unaccountable and only protected in the courts while everything is stacked against the parents....

That is IF you don't know your rights- they are counting on it.  So, you learn that YOU are the sovereign in a constitutional state, YOU have the rights to be free from attack by the state, and the STATE has the burden of proof to proceed against you. 

But you will find out that the attorney who is assigned to your case does not work for you, blocks you from making the record of what has happened to you, and together with the caseworkers in the child services agency locks you out completely from your own defense and does not defend you either.

After you start getting your discovery you will find the evidence of "your own" attorney in collusion with the agency to make money for everybody- string you out, take the services, take the children and abuse them in the meantime, screwing with your visits, every way they can to emotionally and physically, mentally and financially destroy you.

YOU have all the rights but when there is a representative on your name YOU are NOT THERE and the court acts as though there is no human there with rights, no parents, only slaves and the state says they are the parents. It is insane but that is what they say literally. 

People must learn the difference between "represented status" and "pro per" or "sui juris" status in the court. The deception is that "pro se" means literally "represent myself" and you do NOT "represent" yourself - you ARE yourself. The difference is between living and being a non entity. Do not believe anyone in the court who tells you there is no difference in what these terms mean in the court process.

On our website we are teaching people about court process. So they can learn about their rights and go into a courtroom and understand the deceptions that are being operated around them. 

Everyone in court in order to intervene whether it is the first hearing or years-long cases, you have to get your facts in to the court record and file to get your discovery. These are the first two steps to taking authority as the moving party in your case and beginning to defend yourself and your children.

YOU learn about your rights, and to be able to make good decisions based on what you learn. We tell people all the time: Do NOT do anything because we say it, or someone else says it, or some attorney or judge says it. YOU learn and then YOU make your own best decisions and know what you are doing.  If you go into a court and don't understand you have these rights you are eaten alive instantly by the attorneys and judges, whose game it is- You are the prey and your children are the prize.

So, you write your facts out in affidavit form (on our website you can put affidavit into the search engine or any other terms and learn more about these points). And you file a FOIA/Privacy Act/ Discovery paper to everyone who may have information about you or your minor children, and you find out what they are using against you. 

Usually when you start getting your records you find they are filled with lies and hearsay, but now you can use that in court to turn your case around.

So if you have not yet been to court yet- at the beginning like so many who contact us- then you are in the best position to end their schemes real quick by demanding the DOCUMENTS that are supposed to be there BEFORE they take the children. 

They usually do not charge anyone with a crime and they usually have NO lawful paperwork, but if you have an attorney he will allow this and not question it, and allow the court to proceed instead of standing against it. 

YOU DEMAND THAT IF NO ONE IS CHARGED WITH A CRIME THERE IS NO CASE AT ALL AND TO RELEASE THE CHILD IMMEDIATELY. That is the REAL bottom line in that courtroom and recently some parents are learning this and using it and bringing their children out of the beast clutches by being strong on that ONE point...

EVERYTHING in the court has to be based in credible evidence that you did something to the child or someone did something to the child and there is a crime and charges. Without this, and lawful warrants, they are outside of the law and they know it if you confront it OUT LOUD ON THE RECORD.

If you are already being processed in a juvenile case, then you can write your paper and call it "Affidavit to set aside" or "Affidavit for Review" or "Affidavit objecting to form of order" or "Affidavit to rescind all signatures" or "Affidavit to sever all bar restrictions or claims on your name", all kinds of other things... the idea being that you get rid of the representative who is on your name and file your own real paperwork in to the court with real facts.

You make the claim into the court that they are proceeding against you without having produced all discovery, if that is the case, it usually is.  These are outlaw things they are doing to you, but it goes nowhere unless you make the claims in your paperwork and orally on the record out loud when you are IN court. The record is the key they are preventing you from using, once you understand your rights you will make the record in every hearing.

The tool of process that people need to understand that works in the court is that the most basic court rule is that undisputed testimony becomes FACT in the record. In other words, when you make the record of things they are doing to you, and you write it IN your papers and SAY IT in the court when you are in court, then they KNOW that they have to dispute your facts or else your facts become the "legal facts" in the case. 

The games they play are all centered on the record and controlling it. So when you get your discovery, the other side of you making the record of your side, you will see the lies they are spinning in fabricated documents and reports to use against you to make money for their agency and to use against you and your children.

This is the most basic of court process but YOU have to do it. It is simple. If you can tell someone what has happened to you and you can write or type a paper, you can proceed in court sui juris. 

We see remarkable things every day by lay people who never imagined a week before that they could go into court and handle their case so capably and lately have been winning as well. The judges KNOW that you have the absolute right to do the things being outlined here. They cant stand it when people exercise their sovereign authority over public servant judges and agency officials, by holding them accountable and not complying with their outlaw process. 

They create secret files, now they call this "legal file" and "social file". Totally outlaw to have any records in the case that are being used that are not disclosed to ALL parties EQUALLY. This is one of the ways they violate your rights the most. 

YOU have to make an issue of it, in your papers and in the courtroom out loud when you are in there, you say how they are hiding records and keeping discovery undisclosed to you, and that it is in violation of your rights and malicious prosecution to do this. YOU have to say it or it is not there.  

That goes for every issue that needs to be raised- the attorneys are the ones who raise the issues and when you are sui juris you do the things a good attorney WOULD do if there were such a thing. They all work for the BAR association, the judges are all BAR members or structured by statutes to NOT confront another judge or attorney in a courtroom to defend you and to NEVER confront the outlaw process going on. 

This information about process has been the most privately held secret of the court agents for all time, and people did not see how to use it or how it was being used against them. For most normal people words like "process" and "discovery" are foreign terms and their use is completely unknown. When you must deal with a court these terms are key to understanding what is happening to you.

Do not engage with them at all, only for necessary appointments, etc. Learn to say to anyone who tries to talk to you off the record "anything you have to say to me you have to put in writing to the court and we will respond there" and hang the phone up. 

You do NOT want to talk to them about any court issue off the record and if you must, then you record your conversation, meeting or if they get nasty and wont let you record, then you go home and write an affidavit of the whole conversation that just took place, date that and file that into the court and serve on the parties.

You stop defending against their accusations and hearsay and learn that real court is about only what is relevant to a criminal charge, and usually there is no criminal charge at all. The people get entangled in all the "he said she said" crap.  We say they "throw a wad of crap at the people and see what sticks", and when people are vulnerable and usually poor, they are helpless to the schemes and exploitation of the agencies robotic "no wrong door" policies and databases. Once they get ONE encounter with someone and get the info they "reach out" to the whole extended family, assessing everyone even the neighborhood!

ALL of this and alot more is on our website, and in the sui juris book which also contains examples of format to write your own papers. According to original jurisdiction of First Congress caselaw, your papers have a standard that "any reasonable people would understand". Facts are the key. Stating your facts that incriminate the agents of the state and that they can't dispute is what turns your case around. They do what they do because they can, and because people are only now learning of this totally abusive scheme going on in courts in a public knowledge way.

So there are only two options dealing with this beast.  You decide that you are going to stand against it and fully defend yourself in the court all the way through no matter what they do, or decide that you won't, can't, are not going to and compromise, pay their fees, do the things they order you to do, let them rape you and your children and you sit silently with a representative for the state selling you out, you not standing at all.  Those are the two dynamics going on in the process.

People can only claim their Inherent Rights themselves. These are your God given rights, you eat your own food, you think your own thoughts and you bear your own children. Your children are your blood and offspring in reality, no matter that the judge writes that the state is the parent or adopts the child out fifty times, your children are your flesh and blood, your Family Body is where your Inherent Rights extend. YOU have to claim them. No attorney or representative can make claims for other people. The attorneys know all this, but the people until recent years did not understand this process clearly to use it and not be ground up in this machine. 

We say it alot: "now we see it now we stop it". We restore our constitutional process in the courts ourselves by going into the court and BEING the solution, bringing to accountability the ones who are violating your rights.

SO LEARN your rights, and consider this information seriously. Then write to us with more questions direct to your case. We are helping all we can, five new people every day from all over the world living the same nightmare, identical in process, same no court of remedy and aggression by criminals working for the state, and corrupt courts when you try to bring redress and get your children/home/lives/finances back. 

The way they work their whole world is on judicial orders. You have to overwhelm the false and unseen record they are building with the facts that make the record of your defense.

pamela and will gaston
www.avoiceforchildren.com

See AFRA famous "Advise", with lots of links: http://familyrights.us/info/help/standard_advise/index.html