Divorce

Divorce

Monday, November 19, 2018

How Can I Fix My Custody Order?

This is one of the most commonly seen issues around. And apparently this is the case throughout the entire state of California.  Further, it is extremely common now to find parents and family with various afflictions, including mental, emotional, behavioral, etc.  In turn, this obviously will affect the kids, extended family, and more.

One of the worst things that attorney sees, and is always surprised each time--is finding that less than half of clients seen-- actually get on some type of program for their mental or emotional issues.

If that was done, it would lessen the effects that travel down to the kids. But when the parent's try and take care of their own issues, rather than pretending they do not exist,  it becomes much easier to work with the kids, whether they have any issues or not.

Another very very common scenario is for each parent to blame the other parent. Of course some of that is likely true, but not every set of parents can actually do "co-parenting" ....and attorney believes that parents with issues mentioned above, may not work well in "co-parenting" set ups.




Attorney believes that "co-parenting" assumes that there are not major issues with the parents. But when there are some huge issues with a parent (or both)-- it is highly unlikely that co-parenting will work smoothly simply because the very nature of cooperation is assumed, and quite obviously parents themselves who have issues are not likely to stick with cooperation.

 If such parents can prove they can do it, that is one thing, but inevitably usually what happens is, one parent starts taking advantage of the other parent. In other words, there are many parents that believe they should stay together for the sake of the kids.

 What they don't realize is the harm they do to the kids when they do not parent the kids successfully?

"Fixing" your custody order might require a re-work of whatever you have in order to FIX it!

Saturday, November 17, 2018

TROUBLE IN PARADISE! or Anywhere Near What Once "Was" Paradise ??


 Could it possibly be, just that easy,  after the huge fires in Sonoma several years ago, where houses were simply decimated much like in the local fire,  and now both Northern CA (Paradise, et al) and Malibu, Southern CA, just  "happened" to catch on fire, near the same time?  And that those 3 areas all involve CA land that allegedly will be needed or used for--- some high speed train system that isn't built?

But only in Butte County, not only does the death toll likely EXCEED 88 victims, but  a town is practically wiped out all in one fell swoop, and even with a planned "exit" strategy [which was to alleviate mass exodus/thus avoid harm in theory, by having "named zones like high pines or low pines, etc.] --- we are led to believe, by reading the newspapers and online reports--- that it [the fire]-- was  due to  high winds and whatever else that many claim involve PGE??? -- because the winds were  "too"  high and the people supposedly just not savvy enough or able enough to run fast, or to figure out why or how or   IF  they needed to evacuate??? Because, wasn't there already a PLAN for orderly evacuation? and NO evacuation notice was given to the majority?

Well, let me be just one person to tell everyone just how confusing  it was, for me anyway,  to figure out that there even WAS  a fire at all on November 8, 2018???  Y'all can call me an idiot, but I have been through fires in the past.......read on........

I went outside around 0815am, only by chance, and then noticed that 3/4 of the sky was blue--BUT I saw a very puffy cloud formation that had what appeared to be pink/yellow tones as well?

 Now I have been through 3 fires before, so it's not like I have not seen fires or not been involved in an evacuation.  But this didn't look, smell, or appear to be a fire right off to me........and it was actually very pretty--it appeared to be pink and yellow (not red and black) so I even took pictures of the puffy clouds? No joke!! There was no black smoke, no hint of burning, nothing but the clouds--- but only in one area? There was no robo evacuation call, nothing.  The neighborhood was quiet, no one was seen outside........

I then went inside and called a friend who always knows the weather, and asked him if by any chance, if there was a fire, and if there was, why he hadn't called me [he would definitely call me right away...]  He yells into the phone RUN YOU GOT 10 MINUTES TO GET THE HELL OUT!!!

...and the reason he knew there was a fire, was because outside his front door a few miles away, he apparently SAW the huge pillars of smoke coming from one side of the ridge. and he saw RED.
----------------------------------------------------------------------------------------------
For anyone that hasn't read or seen the U-Tube videos on DEW (directed energy weapons)
here's small example...you be the judge. There are always people that believe the government is hardly concerned for the people, and there is some truth to that in all government.

The Congressional record on DEW:

S.2778 - 114th Congress (2015-2016): Directed Energy Weapon ...

Apr 12, 2016 - Summary of S.2778 - 114th Congress (2015-2016): Directed Energy Weapon Systems Acquisition Act of 2016.
Missing: usa ‎| ‎Must include: ‎usa
Feb 21, 2018 The U.S. military has a long and complicated history in developing directed energy (DE)weapons. Many past efforts have failed for a variety of ...
Missing: record ‎| ‎Must include: ‎record
Apr 12, 2016In GovTrack.us, a database of bills in the U.S. Congress. ... acquisition of directed energy weapons systems by the Department of Defense, and ...
Feb 12, 2018U.S. Army Weapons-Related Directed Energy (DE) Programs ... Potential issues forCongress include the following: ...... 33 The Defense Acquisition University defines a Program of Recordas a program that is funded ...
Nov 8, 2011“The substantial backlog at the National Archives and Records ... A new U.S. Air Force policy directive on “Directed Energy Weapons” specifies that ... A new report from the CongressionalResearch Service considers the use ...

Searches related to fire captain Lord on DEW weapons and forest fires

.....that's right. DEW fires can create their own weather. that's because the heat emitted from their weapon is off the chain hot. no trees were burned, grass was not burned, but in the middle of an open parking lot, there's one car, flipped upside down, gas tank intact, and this thing was so melted, the cylinder heads and engine block were reduced to a puddle running out from under the vehicle.
Scorch marks on the pavement with no vehicle, fuel, or anything around... fire started on a hillside out of nowhere, an ember would have to fly over the hill and then back to the other way to start this fire... check out the video called The Hill fire and cue it up to 4:25. take a look. there's too many weird things to overlook..
Do you know how hard it is to burn a pine tree from the inside out, still retaining the green pine needles? I'm not saying everything is a scam, I'm not saying it's genocide, false info, or anything else. But there are a lot of abnormal things going on with these fires. they're way too hot, they look like an accelerant was used in many cases, and there's too many things that are not burned around them, there just wasn't enough fuel around to create the kind of heat that was displayed. Keep an open mind people and just look at the footage for yourself.
Image result for photo KFC in paradise after the fire Image result for KFC burned to ground paradise photo

Tuesday, October 30, 2018

Attorney C. Chan = The Fixer of Bad Cases!

Attorney has seen many, many cases that never had to get to the point that they are at--IF at least one client had changed some key methods. But it is to be expected that clients can't always fix their cases since they are wound up in the turmoil... right?

From attorney's outside view....fixing most cases is possible. It may not be fast. But it is likely doable over time. Also attorney finds that clients must sometimes modify their own actions and that of the kids as well. Apparently attorney herein is not alone when realizing that the FIXER name is known even by other attorneys, for example.... attorney just saw this online, and it is exactly the view of attorney herein........ at https://njfamilylaw.foxrothschild.com/2018/10/articles/general-new-jersey-family-law-news-updates/when-you-cant-find-a-better-man-five-tips-to-consider-when-preparing-for-divorce/

  1. Find the right “Fixer”:  The divorce process can be beyond overwhelming for countless reasons.  When searching for a divorce attorney, consider not just looking for someone who is experienced in family law.  Also consider retaining an attorney who you feel comfortable talking to.  Who you can trust.  Who you can confide in and discuss certain aspects of your life and your marriage that you may not ordinarily feel comfortable speaking about with anyone else.  Who is responsive and reliable.  Who can ultimately advocate for you in the way that you believe best serves your interests and those of your children.  Who will listen to you and be mindful of what you are looking to achieve.

 ------------------------------------------

There is no point to keep doing the same mistakes over 
and over and expecting a different result?

Therefore if the thing that needs changing just happens to be under your authority, then that's likely where the change needs to be made.  Judges get tried of hearing the same old stuff every day in court.  Pretty soon they are on auto pilot and send everyone to mediation.  But mediation doesn't change people.  

BE VERY VERY AWARE: MEDIATION IS A PROCESS BUT IT IS NOT NECESSARILY A SOLUTION IN MANY CASES. THERE ARE MANY DIFFICULT SITUATIONS THAT WE HAVE SEEN, WHICH SIMPLY CANNOT BE "MEDIATED" AWAY FOR A RESULT.

Judges should not be allowing defendants who are under Criminal Protective Orders to have custody of kids that they have abused....but that is what we are seeing?




Change cannot take place unless someone or something makes a change--it likely won't happen by itself. So in mediation, judges just read what the mediators have written down. When and if the clients don't follow what they are to do, we see repeated issues over and over and over.  Clearly the parties MUST implement some change somewhere.

So the biggest problems are usually that all of the parties:
1.  Don't want to change their behavior
2.  Don't want to jump through hoops
3.  Don't want to have to do anything that is inconvenient
4.  Don't want anyone telling them what to do.

It's pretty simple that if your other spouse or live in, is a difficult personality, takes meds for behavioral issues, or has been diagnosed with A B or C,  your case will take more work. Not every child should be raised primarily with a parent that has NO parenting skills at all.

But sometimes we have to make the best out of a bad situation. And sometimes that may mean we will be required to jump through a few hoops also. For most parents, this is doable. For some parents that have mental issues/or blocks, they will refuse to do whatever it is.  In those cases, the parent that won't comply will inevitably suffer in the long run. Because it isn't about you so much, as whether your behavior will or will not affect the kid or kids to a large degree.

As an example, a couple with kids  where one parent has serious issues and is not suitable as the
primary parent, will continue to battle the other parent for years in trying to keep his/her domain over the kids.

Obviously this person should not be primary custodial nor should he/she even have the kids overnight--that's when we start to have some really large damage with the kids... and to prevent that from being a vicious circle, someone has to step in.

Minor's counsel is NOT always the answer, and attorney has seen that minor's counsel is often given cases that will not change. Reason being, not all parents should be using "co-parenting".  Attorney has seen some pretty bad cases and co-parenting simply doesn't work well in really bad cases.  If you have that situation, call attorney--she may be able to restructure your case.


Wednesday, October 24, 2018

Pet "Custody" Law New in 2019 in California!

We suppose the pet "custody" issue was just a matter of time in California, due in part to animal activists, HOWEVER, before everyone runs to gain "custody" of a pet, be forewarned that under normal laws, animals are still considered property.

Animal activists have, in the states,  long tried to give animals-- "human" status...a case in point being, the whale lawsuit at Sea World, and the current case where activists are suing to have a horse be able to sue the former owner for abuse. If the status of animals was changed to having the same rights as humans, all hell would break loose in the USA with activists running to court to sue for many animals incessantly and relentlessly. It would essentially cause the tort system to grind to a halt in short order.

Attorney herein can easily make this statement, as attorney has worked in animal law field for many years, and is extremely aware of what animal activists do. In fact, attorney was actually attacked by an animal activist in the federal courthouse (Eastern District) while working on a national case involving illegal seizure of horses. The horses were NOT abused. The activist that was trying to attack attorney was guilty of many things, but was promoting misrepresentation to the media. The case was moved to Los Angeles and in the end the activist failed to show for trial, lost the non profit, the free 600 acre ranch lease, and everything else. Activist was also sued by bank attorney who used the non profit to take the animals improperly.


So for the 2019 "custody" law, which attorney briefly reviewed--it appears if an issue with a pet is disputed as to which person should be taking the pet, then we have the question-- who is to be awarded the animal? Generally, a judge is not likely equipped to decide WHO should keep care of an animal in general. HOWEVER-- under the NEW PET LAW FOR 2019, California judges will have authority to consider subjective factors and help find a resolution to the quandary.

Example of science related article on humans/pets https://www.sciencedirect.com/science/article/pii/S0148296307002214

Supposedly, attorney imagines that inquiry might revolve around acquisition of the animal-- was it a gift to one person? Is it actually the pet of one of the kids? Is it licensed to only one person?  Is the animal only bonded to one person? Does one person take care of the vet visits, training, feeding, etc? Has there been any alleged domestic violence in the home?  Has the animal been injured or abused by a party? Is the animal being used as a tool to further another objective? Was the animal subjected to harm previously? Does the animal have dangerous propensities?  Bitten people? Allowed to run at large?  [*pets are specifically named in the California DV TRO forms, and any actual abuse to animals by one party should be noted on the form where applicable]

Attorney has seen/read  many animal cases, and researched a large amount of animal cases-- there is unlikely an attorney in the local county that has done more animal law cases or worked with experts on such cases.  Additionally, attorney prevailed on a post seizure hearing in Hollywood CA, which is not only rare, but virtually unheard of....

Having a background in animal law gives attorney a decided positive background for nearly any animal case. 

Attorney has worked closely with the expert (who helped the amicus parties)  in the First Amendment case of U.S. v Stevens, 559 U.S.460 (2010) --   a national landmark Supreme Court case involving a dog owner being sued under a statute which punished harm to animals when they are used in so called crush videos-- which was completely inapplicable to the issue at hand [which was the sale of  videos covering the history of dog fighting]... ( the statute used re the videos, was related to a fetish of a sexual nature involving animals being crushed by a female wearing high heel shoes; that law was completely unrelated to the case they prosecuted.....that statute was a product of the Humane Society of the United States, which has been found guilty of racketeering in the case involving the Barnum and Bailey circus which activist kept going for 14 long years....) 

--- By the way, do not donate your money to the Humane Society of the United States---they are basically fleecing the public and spend more on telemarketers than helping animals; case in point, during Hurricane Katrina, they "raised" about $30million from their TV ads for the animals--and could only account for about $7million when audited. Need I say more???

Holding: A federal statute that criminalizes depictions of animal cruelty in videotapes and other commercial media is unconstitutional. Judgment: Affirmed, 8-1, ...
Apr 20, 2010 - The government may not ban depictions of animal cruelty for commercial gain because this law is overly broad under the First Amendment in ...
Apr 20, 2010 - Syllabus. NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the ...
Stevens was prosecuted for selling videos depicting dog fights. Stevens claimed that § 48 violates his First Amendment right to free speech and is therefore ...

Apr 20, 2010 - UNITED STATES vSTEVENS. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR. THE THIRD CIRCUIT. No. 08–769.

Attorney's Tiger Team Approach, Yes Even in Family Law



A tiger team is a known professional method of breaking down a problem into smaller segments to isolate all possible issues; for example, in software engineering, it is common to use tiger teams. In scientific issues and spacecraft (where it kind of originated) it is par for the course.


When difficult family law issues arise, it is basically the same method except science kind of goes to the mental issues, and the remaining problems can be a mix.  We don't expect clients to handle the legal issues obviously. Past mistakes or errors in cases are more common in cases where the parties have never solved anything, but continue to battle year after year. After viewing many cases where nothing has seemingly changed over the years for the better, sometimes clients will refuse to do things differently for various reasons.


However, it has been attorney's experience that in breaking down the issues, most attorneys focus only on the legal problems. While that certainly is the course of action for the attorney, many other elements of the case will come into play. Having a wide background of experience in dealing with many types of individuals, attorney has found that certain types of people will focus on certain issues only, while ignoring other problems completely. It has also been noted that ignoring some issues can cut off solutions that may actually exist.  This is somewhat difficult to diagnose until one has enough experience in the field, but like a car mechanic, we basically know what to look for.

A root cause of failure is often due to the parties making decisions
 based upon improper assumptions or beliefs.

Particularly because attorney has much experience as defense counsel, this brings an additional element into the case which is often helpful. Many family law attorneys have never been practicing defense attorneys.  There is a difference. And there is a difference in setting up a defense as well.

Clients that have been wrongfully accused of anything will benefit in hiring an attorney who has done defense work, criminal defense and similar situations. It would be similar to hiring an insurance defense attorney, many of whom can be difficult to work with.. LOL and that was the point here.

**http://www.pavlak.net/MTT.pdf 
       by A Pavlak - ‎2004 - ‎Related articles
Dec 21, 2004 - TEAM PROBLEM-SOLVING FOR THE 21 CENTURY. ST ... to earth. NASA's sensational success made Tiger Teams part of our lexicon and a popular ....                                                                                                      modern tiger teams- Dr. Alex Pavlak