Menu

Show posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.

Show posts Menu

Messages - Finnchadh

#1
Dear Socrateaser / RE: Separation of Powers Issue
Mar 01, 2006, 05:32:17 AM
>>One of those limitations falls under an aspect of Due
>Process.  
>
>Conclusory. Which one? Discuss.


1.)   Attorneys, as Officers of the Court, are charged by their duty of candor to the Court, to assist the Court in its only function – the determination of the truth; they are held to higher standards than those not admitted beyond the bar of the Court.  By this admission into to the Bar and the recognition by the Court of their participation in the Court process as well as their advocacy for clients; does this call into issue the Separation of Powers?  Please explain your opinion – thank you.

2.)   Court's power to regulate its function limited by Law. Your opinion – explain please – thank you.  
#2
Dear Socrateaser / RE: Separation of Powers Issue
Feb 28, 2006, 09:10:02 AM
This is interesting; I have always been under the impression that an Officer of the Court was given the "Trust" of the Court because they have been charged with an obligation of candor to the Court to assist the Court in the determination of the Truth of the given issue.  While they have a duty to their client, they are ordinarily prevented from placing the interest of the client above the Court's purpose or the Law itself.  Case in point would be Attorney Client privilege is limited to the Lawful Practice of the Law; anything outside that scope is fair game.  No I am not debating the Court's "Responsibility" to regulate the affairs before the Bench to protect its purpose and integrity; however, the powers associated with that responsibility are also limited.  One of those limitations falls under an aspect of Due Process.  
#3
Dear Socrateaser / RE: Separation of Powers Issue
Mar 01, 2006, 05:32:17 AM
>>One of those limitations falls under an aspect of Due
>Process.  
>
>Conclusory. Which one? Discuss.


1.)   Attorneys, as Officers of the Court, are charged by their duty of candor to the Court, to assist the Court in its only function – the determination of the truth; they are held to higher standards than those not admitted beyond the bar of the Court.  By this admission into to the Bar and the recognition by the Court of their participation in the Court process as well as their advocacy for clients; does this call into issue the Separation of Powers?  Please explain your opinion – thank you.

2.)   Court's power to regulate its function limited by Law. Your opinion – explain please – thank you.  
#4
Dear Socrateaser / RE: Separation of Powers Issue
Feb 28, 2006, 09:10:02 AM
This is interesting; I have always been under the impression that an Officer of the Court was given the "Trust" of the Court because they have been charged with an obligation of candor to the Court to assist the Court in the determination of the Truth of the given issue.  While they have a duty to their client, they are ordinarily prevented from placing the interest of the client above the Court's purpose or the Law itself.  Case in point would be Attorney Client privilege is limited to the Lawful Practice of the Law; anything outside that scope is fair game.  No I am not debating the Court's "Responsibility" to regulate the affairs before the Bench to protect its purpose and integrity; however, the powers associated with that responsibility are also limited.  One of those limitations falls under an aspect of Due Process.  
#5
Visitation Issues / RE: OK I'll bite
May 13, 2006, 04:37:38 AM
"I am not sure what you say you were discussing with sabor. I only responded to a comment that you made."

Your words above were the curx of my response; they are concise, self explanatory and put my position into the appropriate perspective, thank you.
#6
Visitation Issues / RE: Obviously
May 12, 2006, 10:32:47 AM
>but this is not a forum to discuss how some people use their
>religious beliefs to put themselves on false higher moral
>ground and strip away the rights of others.
>
>End of discussion
>
>Ref

Regardless of the belief vehicle employed by people, you have provided an excellent example of false grounds, moral or otherwise without regard for altitude or attitude, used to strip away the rights of others; kudos.  

Obviously this topic concerned a Catholic Parent fulfilling an obligation each Catholic parent has to their children.  I tried to answer her question to the best of my understanding of Catholic (Roman Catholic Western Order I believe) dogma and basic Christian principals; specifically and on topic.

As to your belief of what this forum is and or is not, that is your opinion – something I will respect because YOU the individual have the right as well as the accountability for YOUR opinion; just like I do.  I do not agree with your opinion – here in this forum within this topic.

I find it antidotal that you Ended the Discussion; however, I was originally addressing sabor06.  You entered the dialog with criticism and not curiosity or even an attempt to understand what sabor06 and I were discussing.  I did ask you if there was a problem.  I did not accuse you of having a problem; quite unlike your implications in your last post.

One of the powers denied our Government is the power to make laws respecting the establishment of Religion.  Along with that prohibition comes an Absolute Command to exercise its power; Nor abridge the FREE EXERCESE thereof.  They are also good words to apply in social interactions – they imply mutual respect for individual liberty and tolerance for its exercise.  

Finnchadh
#7
Visitation Issues / RE: UHHHH WTH?????? nm
May 12, 2006, 08:05:32 AM

Hello is there a problem...?
#8
Ok – just how hard do you want to press this?  While I do not have access to the code you quoted – believe you live in the State of IL – in Ga contempt is either criminal or civil depending on its application.  Also in questions of probably cause – if you are authorized visitation and denied that visitation consistent with the statute you quoted; it may be up to you to establish probable cause.  This might be accomplished by a sworn affidavit [stating that this is your time for visitation and you have not agreed to allow the other parent to hive this time and a certified copy of your DD] presented to the Police Department and swear out a complaint consistent with that code section.  If the police refuse to allow you to make such a complaint; consider employing the services of a Private Investigator to act as a witness or the services of an attorney as an officer of the court to substantiate your submissions.  If the police refuse to act consistent with the provisions of the statute –[ basically give the offender a ticket with a date to appear in court – this is analogous to a speeding ticket where the officer as witness to the offence of speeding is making an allegation against you as the speeder ] -  and you can document their failure or refusal – you might consider making a 18 USC 242 complaint to the FBI or Assistant US Attorney's office.  Like I said – how hard do you want to press this issue?  BTW I am not an attorney and you should not consider this legal advice.  I am encouraging you to study, listen, ask questions, think and then - make a decision.    

Ignorance is a prison – knowledge and understanding are your keys to freedom.
#9
Visitation Issues / RE: BUT
May 12, 2006, 06:55:00 AM
You are working this to death.  As the husband has failed in his Duty as Head of House, Sacrificially as Christ is to us – the Duty yet remains.  Here also the child chooses the better thing; community in Christ within your family as well as the Church community.  For you to deny your child these things would be a testimony against the most basic of Christian Doctrine; that which belongs to God -.  

Also consider this – the testimony of your daughter of Christ to her father may be the difference between salvation and damnation.  The love for Christ she will show may touch her fathers heart.  Your support for her love of Christ will be a foundation stone upon which she will stand and pass along to her children.  You have the authority of 'Duty in Christ' and that of law as CP [making an assumption here]; exercise them jointly as you have said and allow GOD the regulation of the outcome.  Trust, you may be doing as much for your X husband through your daughter as GOD has done for us in Christ Jesus.
#10
Custody Issues / RE: She's at it again....
May 28, 2006, 05:24:16 AM
Do you have an attorney?  If not please get one – NOW!  From what you have described she is the CP with final decision making authority and you are the NCP with visitation and shared Legal Custody.  

As stated above, there should 'change of circumstances' as a requirement to deprive you of your Natural Parental Rights.

Now here is the best and only Legal advise I can lawfully give; GET AN ATTORNEY ASAP!.  You have a fairly complicated legal situation developing.  Whether you intended or not, you have made a spousal abuse accusation against your EX; the case was subsequently dismissed.  Now your EX is retaliating by filing for a change of custody.  If the Court determines that you have frivolously or vindictively filed an abuse allegation against her, you could be very much in trouble.  You will need a good attorney to make an evaluation of your situation.   You might also want to consider condensing your situation into the guidelines set out in Soc's section and ask his advice.  Read his guidelines first and then write.  You might also want to consider do a bit of reading about VAWA – and see if some of the circumstances might apply to you.  Specifically how do the courts handle your situation when the accuser is a woman.  BTW you might want to make sure that the attorney you choose has Constitutional Law experience and is father friendly.  Did I mention that you need to consult a good attorney?

Ignorance is a prison; knowledge and understanding are the keys of freedom.