Author: John McGuinness

Is our family law system corrupt?

This 4 minute explanation of the origins of our legal system vs the change to its antithesis legal positivism is important to take note of and consider in your case.

Dr Steve Turley Explains Natural Law.

The early part of the video is a discussion of the Supreme Court and Justice John Roberts in particular. From this point forward, Dr Turley clearly explains our long history of Natural Law, what it is and why it’s worked for a very long time. He then compares it to the legal positivism philosophy of today and how this opposite legal viewpoint is destructive of justice and is tyrannical.

If you understand this you can see what’s coming, both from the opposition and the bench, and you can do something about it.

Golden Rules when representing yourself. Part 9

Part 9 on…

THE GOLDEN RULES OF LITIGATION

Remember, success in litigation depends on three things: the facts, the law and the presentation; that is:

  1. how strong and reliable your evidence is to establish the facts;
  2. whether the law can be used in your favour;
  3. how clearly and coherently you present your case.

So with that in mind, here’s number 9…

THE DOs

9. IF YOU GET SIDETRACKED, DON’T LOSE YOUR WAY

It’s so easy to do.

Reacting to letters from your ex or her lawyers. Proving your point to them directly in lots of email exchanges. Arguing about an objection over something not directly related to what you’re trying to achieve.

So how do you keep yourself on the straight and narrow?

It starts with your case theory. Your story as to why your orders are the right ones for your children and even for your ex and you. You must develop it early as a framework to hang all of your evidence on. If it’s weak or you don’t have one, then to quote Yoda, “Lose your way, you will.”

Your ex has a case theory for why her having sole parental responsibility is in the best interest of your children. Why do you think you were/are accused of domestic violence? Why do you think the law was changed to make anything you do or say domestic violence? It’s the basis of her case theory.

As a case theory, it bypasses the law for shared parenting and effectively blocks you from any defence over property and your children’s access to you.

Here’s an example of a case theory from a book written by an American Judge1 who got tired of the screw-ups of LAWYERS appearing before him. It’s very simple. It’s about a lady and her hair dryer. A truly shocking experience, but is the hair dryer company liable? You’re the lawyer representing her. Here goes:

She was styling her hair in front of the bathroom mirror with a hair dryer when she accidentally dropped the dryer into the sink below the mirror. Unfortunately, the sink was full of water, and she was injured severely by the resulting electric shock.

You contend that the dryer was unreasonably dangerous and defective — that it is the company’s fault that your client got hurt.

The theme:

  • Electrical appliances can be dangerous if used near water.
  • Hair dryers are generally used in the bathroom.
  • Bathrooms have sinks and tubs that hold water.
  • People in a hurry are inclined to cut corners and make mistakes.
  • Hair dryers are often used by people in a hurry. We all know this, and so do the companies that make electrical appliances.
  • Appliances should be designed so that a simple mistake by the consumer will not result in electrocution — either fatal or non-fatal.

So you see the story in these statements? You’re asking a jury or the judge for orders to force the company to fix this for you, ie give you money.

This is the type of thing you have to work out for your application to the judge. What are you asking for? Sole parental responsibility? Full shared parental responsibility, equal parenting time as the law says it must happen?

So then what is your theme? What story are you going to show the judge to persuade him/her that your application and orders are right?

When you have that theme worked out, it becomes a framework to hang all of your facts and evidence on.

And when you inevitably get sidetracked, you have it there as a roadmap to get you back on your way again. It keeps you focused on what’s truly important in your case.

Footnotes

Fine, Ralph Adam (2008-07-01). The How To Win Trial Manual 4th Edition Juris Publishing, Inc.

Golden Rules when representing yourself. Part 8B

Part 8B on…

THE GOLDEN RULES OF LITIGATION

Remember, success in litigation depends on three things: the facts, the law and the presentation; that is:

  1. how strong and reliable your evidence is to establish the facts;
  2. whether the law can be used in your favour;
  3. how clearly and coherently you present your case.

So with that in mind, here’s number 8B…

THE DOs

8. GET RID OF YOUR EMOTION

B. Dealing with it.

When you’re getting the claim, lawyer letters, applications, and affidavits…

The first rule is don’t panic.

The next rule is the same as the first. Calm down.

If you’ve started taking care of yourself as outlined in the previous post, then this will be easier to do.

In all things, there’s cause and effect.
Drop a pebble in a pond — CAUSE and you get ripples — EFFECT. Simple.

This has everything to do with you, because deep down, automatically or not, you choose to be cause or effect. When you feel: anger, under attack, guilt, grief, or apathy, you’re being affected by your ex’s cause. She is causing these in you, and again automatically or not, you are agreeing with it.

You don’t have to.

You really don’t.

Everything she writes, everything she says is done to manipulate you into reacting in ways that work for her in court and for her status among your family and friends. She is always the victim and you are always the evil one.

Here’s the lawyers point of view about all of this:

“There’s no point taking this claim personally. Really, it is just business. Whether it’s family law, an insurance claim, neighbourhood dispute or some other civil matter, it is just the business of people adjusting their legal entitlements against one another.”

“Being angry or upset about it isn’t productive. It will damage your ability to fight the claim systematically.”

So what to do?

First GO BACK AND DO THE STEPS IN “GETTING YOURSELF IN ORDER”. This really is that important. You will get your emotions under control by doing these steps.

Second if you’re feeling bad about things you’ve done, find a priest or a friendly neighbourhood bartender and ‘fess up. Priest is better legally; priest – penitent confidentiality. Hell write it all out in an email and send it to me and I’ll forgive you, your sins. Just get it off your chest in a way that can’t be dragged into court.

This means, by the way, DO NOT TALK TO PSYCHOLOGISTS, PSYCHIATRISTS OR YOUR GP ABOUT YOUR FEELINGS. They can only help you if they give you a “diagnosis” as in mental illness diagnosis which will be recorded, which can and WILL be subpoenaed by your ex to prove you’re bat-shit crazy and dangerous and she needs sole parental responsibility, etc.

Join Dads in Distress or other group where they get together. Call Mensline Australia on 1300 789 978 (24 hours a day). Just make sure it’s all informal and no professional records are being kept.

Then decide that whatever is in the affidavits or whatever shaming language she uses to you or about you, is really just manipulative BS and don’t engage.

Simply disagree.

When you disagree, you become the cause side of things again. eg. Ex: “You’re a lousy husband and father. Your children hate you. You’re no good in bed. etc. etc. etc.” You: “I disagree.”

Indifference to all of it allows you to examine it for the lies, misdirections, half-truths and (legally) objectionable comments and tear them apart line by line, sentence by sentence and find the evidence to do so.

This is what will help you win in court. Positive emotions when discussing your children and their future, NO emotion when dealing with your ex, her lawyers or anyone else connected to her party.

So, this means:

At all times conduct yourself with civility to all and consideration to the non-combatants.

Lawyers like to think this helps maintain an environment of respect between the parties and also respect for the legal system that you’re using to resolve your dispute. It doesn’t, because they don’t. Sticking pins in you when nobody is looking is their favourite pastime.

Treat your opponent and their lawyer professionally and politely. Again indifference is key. High stakes poker face.

Very little is ever gained using hostility, and much can be achieved using tact. So don’t interrupt them while they’re speaking, don’t be provoked if they’re nasty, refer to them pleasantly, and consider their ideas carefully while at the same time pursuing your competing goal.

This professional approach can help your case in several ways.

It short-circuits attempts to get you off-guard and then anger, intimidate, manipulate or bulldoze you into a position you aren’t prepared for. And by not buying into trouble you avoid being sidetracked. It gets rid of unproductive emotion and keeps the hearing on track towards a workable outcome. It saves valuable hearing time.

Behaving well helps keep you focused. Why? Because being professional is being cause and that will have a big effect on your ex, and her lawyer and can sway the judge to listen to your arguments.

Rule two of our Fight Club, the McKenzie Friends Club: Be cause, not effect.

Can a McKenzie Friend give evidence?

The short answer is…
Yes and No.

Witnesses are not allowed to hear the testimony of earlier witnesses.

If you can get your McKenzie Friend on the stand as the first witness at the beginning of the trial, then after he’s been excused, you can get his help as a McKenzie Friend. If your McKenzie Friend is there while any other witness is being examined, then no he won’t be able to be called to give evidence.

The real inside story of Feminism

The real inside story of Feminism from the sister of one of the main instigators.

Marxist Feminism’s Ruined Lives
The horror I witnessed inside the women’s “liberation” movement.
Mallory Millett

It’s shocking and horrifying what they were willing to do to us all, your daughters especially.

http://www.frontpagemag.com/fpm/240037/marxist-feminisms-ruined-lives-mallory-millett

An excerpt:

We gathered at a large table as the chairperson opened the meeting with a back-and-forth recitation, like a Litany, a type of prayer done in Catholic Church. But now it was Marxism, the Church of the Left, mimicking religious practice:

“Why are we here today?” she asked.
“To make revolution,” they answered.
“What kind of revolution?” she replied.
“The Cultural Revolution,” they chanted.
“And how do we make Cultural Revolution?” she demanded.
“By destroying the American family!” they answered.
“How do we destroy the family?” she came back.
“By destroying the American Patriarch,” they cried exuberantly.
“And how do we destroy the American Patriarch?” she replied.
“By taking away his power!”
“How do we do that?”
“By destroying monogamy!” they shouted.
“How can we destroy monogamy?”

Their answer left me dumbstruck, breathless, disbelieving my ears. Was I on planet earth? Who were these people?

“By promoting promiscuity, eroticism, prostitution and homosexuality!” they resounded.

Welcome to your first day of Gender Studies!

Read the article for yourself, and let me know what you think!

Golden Rules when representing yourself. Part 8A

Part 8A on…

THE GOLDEN RULES OF LITIGATION

Remember, success in litigation depends on three things: the facts, the law and the presentation; that is:

1 how strong and reliable your evidence is to establish the facts;
2 whether the law can be used in your favour;
3 how clearly and coherently you present your case.

So with that in mind, here’s number 8A…

THE DOs

8A. GET RID OF YOUR EMOTION

Confusion. Anger. Under attack. Guilt. Grief. Apathy.

You are actually being persecuted. And they are using all of your emotions against you to make you give up.

So, what to do?

First, realise that what you’re feeling, intense though it may be, is normal human emotion and reaction. You’re not mentally ill. You’re not going crazy. And most important of all, YOU ARE NOT DEPRESSED. You are not a Beyond Blue basket case.

Time to join Fight Club.

By that I mean, give yourself a set LITTLE time to wallow in self-pity and learned helplessness. Kind of like a mini vacation. A weekend; a week if you have to. Get it out of your system.

Okay. Next: Getting yourself and particularly your emotional self back in order.

Starting tomorrow (for those of us who have gone on too long in the mini vacation above) get up at dawn (around 5:30 or 6:00 am).
Get dressed and go for a walk — half hour out, half hour back. This is not really physical exercise, so you don’t have to push it. Pick a different direction each day.

While you’re walking, take the time to really notice your environment, trees, lawns, buildings, birds, clouds, sky, everything. For a variation, look at something big (tree, house, car, building) then look at something small (leaf, pebble, insect, etc).

Do that every day for at least 2 weeks. You’ll feel a hell of a lot better.

Now sort out your diet. Get some vitamins. If you’re up for it, go lift weights, but work out some exercise. Again you’ll feel a hell of a lot better and back in control.

Rule One of our Fight Club, the McKenzie Friends Club: Take care of yourself.

Section 2 to follow…

An astounding plea for sanity from the family court bench

I was looking for some case decisions on custody, when I came across this:

http://www.torontosun.com/2016/03/09/judge-blasts-warring-parents-who-squandered-500000-on-custody-battle

The father tried being reasonable, offered a number of settlements and compromises, all rejected by the mother. Her behaviour went severely downhill. She was trying to take the child away from him to hurt him.

Luckily, the judge saw through it and the rulings were fantastic. The first ruling awarded the child to the dad with sole parental rights and the second awarded the dad with nearly $200,000 court costs from the mother.

This is a landmark victory in Canada because the judge ruled that the woman was being unreasonable and awarded full custody to the man.

Both judgments can used to bolster your Australian case precedents for your case.

Read the article for yourself, and let me know what you think!

Golden Rules when representing yourself. Part 7

Part 7 on…

THE GOLDEN RULES OF LITIGATION

Remember, success in litigation depends on three things: the facts, the law and the presentation; that is:

1 how strong and reliable your evidence is to establish the facts;
2 whether the law can be used in your favour;
3 how clearly and coherently you present your case.

So with that in mind, here’s number 7…

THE DOs

7. KNOW HOW THE LAW APPLIES TO THE FACTS

This is a 2 part idea. Positive and negative. THIS IS YOUR CASE. This is who you call as a witness and who you don’t. This is what you ask your witnesses and what you cross-examine your ex’s about.

You have your application for parenting orders (either as applicant or respondent), all your documents, videos, affidavits, and witnesses there. How does the law apply to all that. Or more accurately where does your application and all evidence fit to the law to prove your application, to answer every single question / point of law that the Judge must consider?

How does the facts (both good and bad) show the judge that your parenting order answers these points better than your ex’s parenting order does?

A Quick tip.
Write a closing argument first, showing how everything in your case proves, your parenting application answers the sections in Part VII — Children.

List out every witness and what they’re going to say, as if they said it, every video, recording, document, receipt, parenting course certificate, birthday and fathers day card, under each section showing how they prove those key points / questions. List out what you have from your ex or what you think she will try to bring as evidence to prove her application under these sections.

Look it over. You have the facts. You have the law. You have the facts answering each section of the law.

Can Part VII — Children (the law) be used in your favour?

If yes, you have your case and you can win. Not easily. Never easily. But, you can win.

Want to know more? Join the club.

Golden Rules when representing yourself. Part 6

Part 6 on…

THE GOLDEN RULES OF LITIGATION

Remember, success in any litigation including your case in the Family Court depends on three things: the facts, the law and the presentation; that is:

  1. how strong and reliable your evidence is to prove the facts;
  2. whether the law can be used in your favour;
  3. how clearly and coherently you present your case.

So with that in mind, here’s number 6…

THE DOs

6. KNOW THE LAW

The Family Law Act 1975 (Cth) Part VII — Children must become your bible.

A quick history lesson on the Act:

The law in relation to parental responsibility was changed by the Family Law Reform Act 1995 (Cth) (“FLRA”). This Act replaced part VII of the Family Law Act 1975 (Cth) (“FLA”) and changed the terminology that is to be used when dealing with children’s matters from “guardianship”, “custody” and “access” to “specific issues”, “residence” and “contact”. It also introduced the terms “parenting orders” and “parental responsibility”.

The FLA has most recently been amended by the Family Law Amendment (Shared Parental Responsibility) Act 2006 (“FLASPRA”), which commenced operation on 1 July 2006. This amending Act changes the terms “residence” and “contact” to become “living with”, “spending time” and “communicating with” and attempts to send out strong messages, particularly in relation to shared parenting after separation, except of course the judges aren’t listening.

mckenzie friends judge don't care not listening

So you must know the sections in Part VII — Children:

Section 60CC How a court determines what is in a child’s best interests.
This is the blueprint for your application. It must answer every one of these points, positive for you and failures of your ex.

Section 61B Meaning of parental responsibility.
This DOES NOT mean equal time. It means equal decision making for major long term decisions, like no allowing the drugging of your son because he’s a defective girl in school who won’t sit still, ah, I mean he is mentally ill with ADHD [NOT!]. Or schooling, or religion, or other medical situations like operations and such.

Section 65DAA Court to consider child spending equal time or substantial and significant time with each parent in certain circumstances.
This is the section that deals with time spent with your children. These two sections are the questions that have to be answered in the best interests of your child in your application.

Read through the entire Part VII — Children. You’ll get an understanding of what you have to answer, but I warn you, it’s a horror story.

Also the Family Court site has a lot of this is simpler English. Read these first. Then tackle the Act.

And remember, parenting first, then financial. If you don’t have an agreement over shared parenting, drag your heels over the finances / assets negotiations. (Don’t say no outright. No ultimatums. Just slow things down.) Time is the great leveler in any negotiations.

Want to know more? Join the club. 3 Day trial membership for just $2.

Direct Examination. Asking the right questions.

Asking your witnesses the right questions, the right way can win your case. Must see.

This is so cool I had to share it.

I was looking for some videos on direct examination, when I came across this:

It’s a video where an US law professor explains and gives important tips on how to ask questions of your witnesses so that you get the important evidence you need to be heard and understood, across to the judge. How you prepare for the witness. How to make sure the evidence they have for your case is fully presented to the judge. Lots of very useful tips.

Now the professor is talking about a traffic accident case and a jury, but the PRINCIPLES he gives you applies directly to you, your family court case and your witnesses.

Watch it for yourself, and then give it a try!

I did just the bullet point list and got both the judge and the opposing counsel to concede a major point that pushed the case completely in our favour in a recent Guardianship hearing where I was the McKenzie Friend. It was a huge win.

Let me know if you get the same result!