23 Nov Why isn’t the federal court system helpful in stopping family unwarranted governmental interference?
Self-preservation is a basic instinct in the minds of human beings and animals. It doesn’t matter if an adult works for a private company or public entity. Most of us will tend to do what we need to in order to protect our jobs and professional relationships. It’s human nature.
The federal court system protects the judicial system of government. It routinely dismisses parents’ civil rights complaints about their state court’s unwarranted governmental interference, #PreventUGI. The federal courts do so by using the Rooker-Feldman doctrine, “which says a federal district court lacks the jurisdiction to hear a collateral attack on a state court judgment or to review final determinations of state court decisions.” Since almost all of parental right cases (not migrant parents) start because of a state court judge’s decision….they get dismissed before they are heard, for lack of jurisdiction, under the Rooker-Feldman doctrine.
The opposing parties can also file a motion to dismiss a parent’s complaint under federal civil Rule 12(b) if the parent’s claims are vague, ambiguous, or the parent can’t ask for any “relief” that the federal court can give to him/her. An example of this is when a parent tries to sue a judge, or someone appointed by a judge, for damages. See our blog on immunity and why the federal court can’t give you damages for suing someone with immunity. However, I am not a lawyer and this is not legal advice, NALNLA. The only “relief” a parent can hope for is by asking the federal court judge to undo something that was unwarranted governmental interference #PreventUGI, but it is extremely rare for a federal judge to grant that sort of “relief”. Most likely the parent’s case will just be dismissed and not heard.
The federal court system can also sua sponte or “on its own” dismiss a parent’s case for lack of jurisdiction, wrong venue, failure to prosecute, failure to comply with court orders or rules, etc. and this happens to many parent’s civil rights cases as well. Different federal courts have different rules for the judges in their district before a case can be dismissed.
The time to do all you can, to keep legal custody of your child, is in the state court. Its why parents in California need jury trial rights.