Let's Get Honest! Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

Continued from “There is in the State Treasury a Family Law Trust Fund. (Cal. Family Law, Conciliation Code Section 1852)

This is about the setup, and it’s for “lay” readers, all I’m doing is reading what’s written — in the code, and on an HHS/ACF/Gov site. Plus when the HHS site mentioned a certain report (which I was already aware of), I looked it up to show HOW pervasive and long-standing the reference to “PAS” has been quoting the personnel from “way back when” that wrote it up for our nice, sweet, benevolent government who truly wants to stop child sexual abuse, violence against women, poverty, and crime — or why else would this have been put in place, right?

“Dear Friends,”:

FRIENDS DON’T WITHHOLD VITAL INFORMATION FROM FRIENDS. ERGO, THOSE WHO WITHHOLD MAY NOT ACTUALLY HAVE PARENTS’ BEST INTERESTS IN MIND, OR AT LEAST IN THE FOREFRONT OF THEIR MIND. FRIENDS THAT RUN NONPROFITS (WHICH YOU DON’T) OR HAVE PROFESSIONS (WHICH YOU DON’T) HAVE MAY HAVE MORE THAN ONE RESPONSIBILITY — OR AGENDA. BEING YOUR “BFF” MAY NOT BE PRIORITY, BUT ACTING, TALKING, AND SOUNDING LIKE “BFF” (twitter, Facebook, social media, etc.) MAY ACTUALLY BE PART OF A BUSINESS PLAN. KNOW THE DIFFERENCE.

When a man or woman is attacked by institutions that are supposed to protect, or by family members in court or out of it, looking around for friendly faces. I know I did. However if the friendly faces or support actually know, but don’t want to point out a clear, logical, and plain explanation for what’s JUST happened to them (which this simply chronology probably is), then that’s not what friends are for. How friendly is it to withhold the truth?

And, as Cindy Ross published over a decade ago, and others have reported, the Conciliation Law and the AFCC are crucial elements. Also (under reported by some) the Welfare Diversions to fatherhood, and the religious involvement in this, are elements. It’s about the system — not just about the money, not just about the fatherhood, not just about “PAS” theory, etc. It is a SYSTEM! This SYSTEM is now written into state statute, practiced in specialized courts, and funded by yours truly, the public. Plus private (as the code refers to).

SO: Let’s talk Jurisdiction: Where is it now? Jurisdiction is a form of Authority. It’s a power of the court.

Using California for an example, in this post let’s review how it was done. This broad trail of breadcrumbs may not be not fully paved, but has many key elements: Private interests, organized as nonprofits staffed in good part by public employees (i.e., judges, or administrative heads of courts), strategized nationwide (internationally, at this point) to: pass laws to set up demonstrations (test sites) of the intended program, evaluate the same programs, push for more funding, get the funding, and administer the funding.

When I came back to reading this conciliation code again, after looking at grants and nonprofits, it’s easier to see the entire operation was a screenplay. It was in truth a pre-planned (for the most part) agenda, but sold to the public as responding to circumstances, and needs-based. It was mobilized with speed because the networked nonprofits collaborated on the issues and then lobbied to legislate them into place.

Communications are not free; they do cost money (printing, or now, internet). Setting up a nonprofit it also helps set up funding for those communications. (Whether membership sales of material, taking donations, and writing off expenses — or billing it on a public payroll as “education” or “training.”….) The power comes through the system, not the individuals in it — and that’s where advocacy groups are constantly missing the mark, as well as distraught parents. It ain’t local – it’s national and international in scope and in intent.

While we are earning are wages, these same are planning yet more demonstrations (there is no end in site). Really, it’s stunning in execution, although it only differs from racketeering, or organized crime in that government itself says what’s crime and what’s not. And it’s not about to call itself “organized crime” because per se it’s government that determines what is and is not “crime.”

As it’s said, “See the Matrix” applies here….

In Which a Well-Oiled Machine: Passes Public Law (ca. 1988) to allocate $4 million to Demonstrate Access and Visitation Projects, Evaluates the Same for HHS, who Reports to Congress about the Same; thus helping to pass Federal Law to Fund the same (1996) as an addendum to Welfare Reform allocating $10 million a year (for the same) at public expense.

Conciliation Courts and Codes State by State under Family Law had already been set up by the same, which courts delegate control of the Family Law Trust Fund (i.e. the money) — in California, to the California Judicial Council — and by means of this code enables Subject Matter Jurisdiction Grab of Domestic Violence (and other cases) at the Discretion of any Presiding Judge, even if there are no children involved, and power-grab of the Grants about to Come its Way for state-wide coordination to support and report on the pre-planned programs, while through delegating authority to the Judicial Council (from there, to the AOC) enabling the blending in of private money from other sources (including private) — again, to promote mediation, supervised visitation, parent counseling, parent education, AND training professionals to do, the same!

[[I edited this title somewhat on Sunday 2/9/2013))

I may not have put that all in exact order, but keep reading, and connect the dots:

For reference, here is a

Table of Contents to “California Family Code.

” Please click and scroll down to DIVISIONs 4, 5 and 6.

“Conciliation Proceedings” is Division 5, Sections 1800 – 1852.

It lies between Division 4,CHAPTER 3. AGREEMENTS BETWEEN HUSBAND AND WIFE ………………. 1620
and Division 6, Separating (nullity, dissolution and legal separation)
(apparently sections 1700s — all of it — we deleted at some point….)

Of Division 5, “Conciliation Proceedings,” PART 2 (Sections 1850-1852) “Statewide Coordination of Mediation and Conciliation Services,” and Who has the keys to the vault (the Family Law Trust Fund, and more) is detailed. This is, after all, about power, and part of power is financing. So we need to look at things like jurisdiction, and funding. If this is understood, the confusion about why judges that, under family law, should see a “rebuttable presumption against custody going to batters” can perfectly legally get around that, and leave people who don’t read this law not only distraught, but seriously confused. Did the Domestic Violence Industry tell us about this? NO!! Did the Crisis in the Courts Crowd Basically No.

Did individuals? YES (how does one spell “C.I.N.D.Y. R.O.S.S.”)? And now I’m telling you again, that people who do not report on this have a definite reason for not doing so, and probably ought to be boycotted. They’re directing the bloodhounds on the wrong scent. They will never catch the prey, and I have to deduce, don’t really want to. In that aspect, it’s all about the bloody racket and “glory” of the fox hunt, the thrill of the chase and being seen in full color with their colleagues.

PART 1. FAMILY CONCILIATION COURT LAW

CHAPTER 1. GENERAL PROVISIONS …………………………… 1800-1802 (please review, and Chapter 3!)

CHAPTER 2. FAMILY CONCILIATION COURTS ……………………. 1810-1820 (see esp. sections 1815/1816)
{{Chapter 3 is “proceedings” but it really should also say “jurisdiction”}}

CHAPTER 3. PROCEEDINGS FOR CONCILIATION ………………….. 1830-1842

Jurisdiction is one of THE most important issues in any proceedings, I think. It’s usually stated on the face sheet of any pleading, up front. BUT, under Conciliation Code, Notice that while Division 6 has a chapter on “Jurisdiction” which is ALWAYS important in courts. But Division 5 does not. That Conciliation Proceedings are actually a Subject Matter Jurisdiction grab over cases involving a controversy which might disrupt a household with a minor child in it, AND a controversy involving domestic violence — isn’t clear from the table of contents. In other words, it’s a bit hidden.

Also, whether or not concilliation courts even exist is ALSO extremely situational and arbitrary (dependent on the OPINION of a presiding judge over — I believe — individual counties, social conditions, quanity of domestic relations cases, etc.), it’s really pretty much of a trap set in the “open” position and sprung case by case. (see the code. I don’t discuss it today, but it’s in there). (See next post, or click on the code above).

Family Law may have rebuttable presumptions against domestic violence in custody matters, but Conciliation Proceedings have a different philosophy and approach. Like hell, these courts by design are easy to slide into, hard, pretty d@mn hard, to climb out of.

So a question any parent should settle NOW, especially if considering separation (etc.) — is whether or not your jurisdiction already has a conciliation court set up. Not sure, but it may be more common in urban areas. I am a volunteer here, and not going to do the homework for you. I know Arizona has them, and another way to find out where some are set up might be to review the early newsletters of the AFCC (some links below) and scroll through — because many of the participants seem to have shown up as head of some Conciliation Court (Hugh McIsaac, Los Angeles; Russell Schoenemann, Arizona, etc.)….

I believe this was why my own DV case got shunted immediately (upon my ex’s filling for dissolution) out of the domestic violence proceedings into an entirely different courthouse. I had no say in the matter, it was consolidated ex parte (found out later) and I was in such shock at the time, having been nicely misled by the same agency that helped me file for the DVRO, and knew of course nothing about conciliation courts. I was a battered wife and single mother absolutely elated to be safe and functional in life again; and had not anticipated a coming hell. But here it came! As I say, there the “hell” analogy does seem to apply, a deal of trickery is involved in getting the setup, and getting the clients…..

But at lesat now, we can alert parents intelligently about this situation, and let them know in advance that this is a separate proceeding where, apparently “rebuttable presumption against custody going to an abuser” talk will land with a dull thud flat on the ground. It’s about “conciliation,” the third word of the acronynm “AFCC.”

I see this in the code — both being shunted in AND being transferred out — to a specific judge which retains jurisdiction over the transferred-out case, are at the discretion of the conciliation court judge, who is appointed by the presiding judge. (For example, in California for many years it was the Hon. Katherine Feinstein, daughter of a famous Senator Dianne Feinstein, presiding over San Francisco Superior Court, and now (announced Dec. 2012) retiring.

From “law.com” — before this, she presided over a Unified Family Court.
“After a dozen years on the San Francisco Superior bench, Feinstein, 55, will retire effective Feb. 1….
“I think the whole building is pretty much in shock right now,” said one S.F. Superior judge, who asked not to be named….
Feinstein may be best remembered for a multimonth budget fight with the Judicial Council and the Administrative Office of the Courts, following a series of drastic cuts to trial court funding by the Legislature. That fight in 2011 with state court administrators culminated in the council loaning S.F. Superior $2.5 million to cover a budget shortfall.”

Thus the stage is set to rapidly, easily, and by referral to get into Conciliation Courts… and from there, depending on the opinion of the judges, to be shunted to other courts, and a specific judge (note: dependency courts are not ruled actionsection 1852 is under this Part 2 “Statewide Coordination of these Services.” For ‘Statewide Coordination” you can read “centralized control and administration.”

Section 1852 stated, in part, about this Family Law Trust Fund:

Read the rest of this entry »