WeSpokeUp
Federal Action
The pervasive abuse and fraudulent misuse of NY matrimonial and family courts is no secret. Court actors knowingly act in concert to deprive parents of constitutional and civil rights without due process using color of law acts. Their acts are made possible with illegitimate and inequitable use of AFCs, court evaluators, temporary orders and the gross negligence by New York courts itself.
It is time to show up, speak up and link up as one united front in a federal case against this dysfunctional system and its bad actors.
Criteria
We are a group of co-plaintiffs filing a federal case against NY bench judges, administrative judges, AFCs and "expert" evaluators. The larger our numbers, the harder it is for the courts to ignore or dismiss our complaints, and continue to pretend there is not a real pattern of abuse.
We argue there is a pervasive and known pattern of color of law behavior in the NY courts. We argue there is an inequitable application of the law, in which State or criminal cases are guaranteed greater protections than parents facing an abusive spouse. This pattern of color of law is made possible with an illegitimate use of Court Evaluators, AFCs, temporary orders and other issues.
If you are interested in being a co-plaintiff please review the following criteria to see if our action fits your case, and then complete our intake form to Join the Action
Does your case involve any of the following (or various other acts of inequity and color of law that occurred in your case that you would like considered)?
- Custodial rights immediately overturned and given to other parent without any factual demonstration of "unfit parent."
- Actual evidence of domestic violence, coercive control, poor parenting, and independent professionals opinions ignored
- Inequitable application of the law (e.g., your motions are ignored while other the parent's are acted upon; other parent pays for an evaluation that will be basis for custodial decisions; acts that might favor your are denied, etc.)
- Removal of your custody rights on the claimed basis of mental illness without acts of extreme violence or neglect of child (or other unfit standard on the basis of mental health)
- Mental health diagnosis provided of you without an "expert" having met with you or without following legitimate medical evaluation practices
- Court evaluators assigned that are not on the approved list of evaluators
- Overtly one-sided, non-factual "expert" evaluation results from a court assigned evaluator
- Overt, non-factual favoritism of AFC towards the other parent
- Custodial rights removed without a trial
- Custodial rights removed without evidence
- Custodial rights removed without being assigned a lawyer
- Denied the right to evidence when requested
- Custodial rights removed for longer than 60 days with no decision made
- AFC assigned and ordered with a fee rate beyond $75 an hour (before 09/2022) or beyond $156 (after 09/2022)
- "Expert" evaluator assigned and ordered with a fee rate beyond $125
- Court "expert" evaluations that are being or were conducted for longer than 60 days
- Custodial decisions that inequitably ignore or apply a court evaluator or AFC's "findings" without just cause
- Denied equal access to an "expert" report
- Denied the right to "test" an expert's report
- Denied the right to participate in the selection of an "expert"
- Coercion to end court proceedings instead of having trial or legitimate fact finding
- Motions filed are ignored or "hearings" not proceeded upon until the issues within the court become unnecessarily muddied
- Orders to match custodial decisions not written
- Demands for evidence, trial, etc. are ignored
- AFC immediately given greater authority over your child than yourself
- Personal opinions of AFC or evaluator treated as fact and basis for custodial decisions
- AFC or ACS actively acting against you; making no efforts to reunite with your child; refusing to investigate, etc.
About
We are a group of parents that have experienced abuse in NY court system, and have decided to act together to end it for all parents.