November 29, 2018

Law and Order

It was first in high school that I began to think about the ways in which the laws of our government may be unjust. Of course the movements of Ghandi and MLK Jr were at the forefront as a result of the curriculum I was following. But I also had a healthy reverence for the troublemaker activist. The kind of people who don’t hesitate to grab an illicit copy of the “Anarchist’s Handbook” for a senior prank. I mean the school administrators I had did plenty to earn some resentment.

At the same time there was also a long held belief of mine (combined with a respect for my heritage) that the Bible was a great source of wisdom. So scriptures like this were often quoted by pastors and teachers. The quotes were always forgotten, but the sentiments stuck.

“be subject to the governing authorities, for there is no authority except that which God has established.” Roman 13:1, NIV

Yet it’s taken me this long (I graduated in 2011) to finally realize that I’ve been carrying those two conflicting ideas within my worldview all this time. It may be part of the reason I’ve had trouble forming political opinions in the past.

For now I’m going to put the study of this scripture on a back burner. When I’m ready to study Romans 13 in detail this and this are where I’ll start.

Until then let’s get “political”. I won’t deny that the freedom-loving side of me is entranced by the recent surge in Anarchist philosphy, and Voluntaryism. It’s a beautiful picture. Many say that it’s just as unrealistic a utopia as a happy communist nation is. Other argue that we just have to give it a go before we criticize the abilities of an unbounded free market.

I say the truth has to be somewhere in between. And as luck would have it, I was given part of that answer in a form I never knew I wanted, but had needed all along.

Why Things Are The Way They Are

“Everything is how it is for a good reason.” ~me, circa 2008

I’ve used this little maxim as a guide a lot when trying to be philosophical in high school, but since then was pretty much forgotten. Yet, it seems to be right. Probably because it’s a self fulfilling prophecy ;) because if there isn’t a good reason, I just haven’t found it yet, because there is always a reason, otherwise things wouldn’t be this way.

In other words, if I think using greedy capitalism as an explanation for why some bad practice that is costing lives continues, is stupid. Then it probably isn’t the right paradigm.

It seems that finding out the why is often very unintuitive when it comes to beaurocracies. But we must move onward, as that is exactly what our government and legal system is. They have both become so unwieldy and complex that there are countless layers of amorphous structures that even the best lawyers struggle to understand.

Law of America

For the philosphical background read those important documents that we all pretend to know: Constitution, Articles of Confederation, Declaration of Independence, and your state’s constitution. Also reacquaint yourself with the significant stories in the Bible. Then check out Clint Richardson’s work on this. It can be a little abstract, but there are so many nuggets of wisdom there, you won’t have a problem breaking through your education into new perspectives.

Then you need to check out Bill Thornton’s page for all the info you need to get started. It’s the closest thing I’ve found to an encyclopedia of American Law from a “red pill” perspective.

It seems to be that the reason our Constitution seems at odds or at least not applicable with our day-to-day is, the laws from which the Constitution for the United States of America is derived are not the laws that shape most of our laws. In reality we interact with a variety of different modern laws that have only been around for about 100 years. These new sets of abstractions are quickly costing us our liberty.

Sovereign : “The person or body having independent and supreme authority.” Websters New International Dictionary, Second Edition (1953), Page 2406

Yet according to the principles that the USA was founded with, there are many protections against that kind of erosion to freedom. So what do we do? We fight. But this isn’t a war of violence. It’s a war of the mind: Education, gaslighting, convincing figure-heads, emotional abuse, separation from nature, and plenty more I’m sure.

“Choose your battles wisely.” ~anon

A man named Bill Thornton is the guy to start with on this topic. He has amassed such a beautifully curated collection of relevant content, it almost brings tears to the eyes of someone expecting a wall of noise at the beginning of their search. Clint Richardson is also a poet when it comes to explaining the more philosophical aspects of the legal matrix we’ve got on our hands. I’m actively searching for other sources to cross-reference, but I’m not really coming up with much.

So now that I spent the summer becoming acquainted with this change of paradigm, it’s time to make these systems that my ancestors fought for, work for my benefit. And as it stands, my brother and parents are currently involved in a highly unproductive war of their own for sole custody of my nephew. The 5050 custody had worked decently for a couple of years, but it’s impossible for the resentment between all parties to stay dormant forever. As a result the parenting of my nephews mother went from minimal and mediocre, to downright horrible. Every two or three weeks he gets stuck with her for 5 days at a time and comes back hyper, argumentative, occasionally saying words he shouldn’t have heard, making violent gestures and verbal threats, sometimes with the smell of cigarette smoke on him, and a few times with multiple red marks that looked suspiciously like bed bug or flea bites.

Obviously as an Uncle (let alone parent or grandparent) this is incredibly saddening and hard to watch. The challenge though, is that this isn’t my kid. He’s just my nephew. Which within US Statue code without a doubt means I have no authority. But, I am willing to bet that I do have a certain amount of authority within the English common law that is at the root of our Nations founding. After all, if we’re going to compare ourselves to royalty in the sovereign powers we have been given, would a King hesitate to use his power to rescue a favorite nephew from the hands of a troubled young woman?

So even though it would be much better if my brother took this action on his own, I’m going to fight the battle that will make the biggest impact. Instead of trying to sell him on the merits of this, I’m going to hit it head on and demonstrate the results. For myself, for him, and for anyone who appreciates this information.

As I understand it, the first step (to be polite and proper) is a letter of notice to the individual who has injured you (or the child I am acting on behalf of). Essentially it is a lightweight version of the legal Action, without the Evidence (she knows what she’s done), and with whichever style of language suits your purposes better. Meaning it includes a detailed explanation of what she has done and the injury it has caused. An accounting of the damages she owes. Plus all the in-between reasoning that holds it together.

Once it’s written it can be passed to the Sheriff’s Dept. to be served. Which is perfect, as this girl is very effectively concealing her address from the family of the father. And of course there are other ways of serving the notice.

Now this gets into material that I am very shaky on. I can imagine no better way of dealing with it than asking lots and lots of questions. Ask a million questions by phone, make friends in person, and be very observant.

Alright things are looking better. After thinking and researching for awhile I have realized that serving a notice can take many forms. Although it ought to be done in a manner that is respectful to convention, there is plenty of precedent for serving someone a notice through every means imaginable. It can be while they’re at work, at a friend’s, in person, by mail, or even on facebook. And that suits me just fine.

Now comes the problem of leveraging every action I make. Because I don’t want to settle this in court. And I really don’t want to settle this before a jury. Not from some fear of losing, but for the likelihood of this being a part of my life for the next several months or year. That said, the stakes here are real. My nephew is in jeopardy. The stable childhood that every child deserves is slowly being robbed from him. His parents spend just as much time talking about their legal life as they spend time with him. And as long as the mother has the cops protecting her interests, the status quo will be ugly. So first and foremost I want her right as natural guardian revoked.

I’m very unsure how to use Common Law procedure to influence fictions that are created by statue. Which is why for this first action I intend to hold her accountable in terms of monetary damages; and will include the option of waiving a certain amount of the damages, if she forfeits her right (in an affidavit, on the record) to natural guardianship. Now that may or may not initiate any action of real people (except her signing the affidavit), but it will provide clear documentation that she was found totally guilty. If my brother wants to take it further, he can do it with my guidance. If not I’ll take a break, enjoy my trophy, and start again.

COURT. a stage upon which the sovereign conducts his show so as to satisfy the rest of the world that his decision is a good one. That’s the practical definition. The legal definition is: The person and suit of the sovereign. –Bill Thornton

So with that in mind, it could very well be to my advantage to use the Sheriff’s Dept. Because my option of Facebook is a beautiful surprise. Demonstrating to her that there isn’t a safe place to hide, when she has made enemies of her illegitimate family. After giving her the notice, she will then be served later on when I file the action. It’s tempting to not give notice, but doing so preserves my honor as well as allowing her to surrender.

So here I am again with the important question. How do I word this notice? It seems like I should really take a hint from 48 Laws and be ruthless in my strategy. I could write it as a friend would write to a another, being understanding and lightly confrontational. I could spread rumors on facebook and create a sense of fear (too late for that). On the one hand I’m ready to just smack her with a wakeup call. If there’s a chance that being diplomatic will get me closer to the goal, I’m gonna take it. But I have no idea how to properly handle her.

As a child: Be nice and firm for several moments until she gives you what you want in a moment of happiness.

Fire with fire: 1. Neurolinguistic Programming to manage her behaviour. 2. Hypnotic Persuasion, manipulate her emotions as she reads it to convince her emotionally that she cannot win.

I could change the frame/context of the writing every paragraph or section. It would make the notice very disorienting. Possibly make her feel less important.

State facts in an insulting manner. Take her on an emotional rollercoaster. One that follows the rules of storytelling, but ends on a dissonant note.

My confidence in this case goes on a rollercoaster ride every day, so I think it’s time to do some digging into older American law to see if there are any precedents that have my back. I’m going to search North Carolina’s Court Reports which are very well archived online, with some key words and phrases. * “Uncle” and “Nephew” mostly yeild cases of inter-family conflicts and questions of inheritance. * It’s a little comforting that the term “minor” yields many fewer cases of sexual indecency than today. * “infant” in its historic legal usage applies to anyone under 21 years * “custody”

custody, n.
1. The care and control of a thing or person for inspection, preservation, or security.

This is the definition in Black’s 8th Edition. I don’t know about you but that relationship doesn’t sound like the role of a parent.

custody, n.
2. Family Law. The care, control, and maintenance of a child awarded by a court to a responsible adult.
award, vb.
To grant by formal process or by judicial decree.
grant, vb.
1. To give or confer (something), with or without compensation.
2. To formally transfer (real property) by deed or other writing.

Yes, I’m sure you could find definitions that use more family friendly terminology, but the point is clear. The laws surrounding custody are almost entirely about ownership of property. The property of the Birth Certificate for example.

guardian, n.
1. One who has the legal authority and duty to care for another’s person or property, especially because of the other’s infancy, incapacity, or disability.

We’re getting warmer. Still a far cry from the nurturing image of parenthood that we romanticize.

parent.
1. The lawful father or mother of someone.

As I understand it the word “lawful” often (though not always) refers to the more fundamental societal laws. So a parent is the guardian/custodian as well as the natural father/mother. They have all the rights. Whereas a legal guardian has a much more limited scope.

Oh, oh, oh!!! I got it! The way I can request damages on nephew’s behalf (and in the most honorable way), is by creating some kind of legal entity which would receive the funds (a trust?). One which could have a bank account and multiple people in control. If 2 or more people agree on an action, the money may be spent. If 2 or more people are against an action, the action may not be taken. It might be a useful way to keep the mother involved and bring out the best in her. But… 1. This could add complication. 2. Is is really so different from just asking for the money myself?

Or what about another entity that requires the money to be used for specific purposes. It’s transparent and if the mother really objects to something she can sue. But…again that seems to be asking for trouble. Perhaps I need to go ahead and write this action I want to take so I can think it over better. But first, more research.

“It is well settled as the law of this State that the mother of an illegitimate child, if a suitable person, is entitled to the care and custody of the child, even though there are others who are more suitable.” 203 NC 79 Shelton, In Re


blood.
A relationship between persons arising by descent from a common ancestor.
heritable blood. Hist.
A relationship between an ancestor and an heir that the law recognizes for purposes of passing good title to property.
relative, n.
A person connected with another by blood or affinity; a person who is kin with another — Also termed relation; kinsman.

“A minor may sue or be sued like any other claimant/defendant. However, a next of kin above the age of 21 would need to act on behalf of the minor (known as a “litigation representative”).” –Singapore Legal Advice

next friend.
A person who appears in a lawsuit to act for the benefit ofan incompetent or minor plaintiff, but who is not a party to the lawsuit and is not appointed as a guardian. Also termed prochein ami.
next of kin.
1.The person or persons most closely related to a decedent by blood or affinity.

This gets me thinking. I ought to be able to sue on behalf of nephew, and by acting on his behalf the damages I claim would go straight to his father.

If I need to get some sort of affidavit of consent, or better yet use the father’s testimony within the court, it should be fairly straightforward.


Alright this could work. There’s a case involving parents suing the board of education and in the body of the suit they make it clear that they are doing it on behalf of the minors as their next friends.

So although I don’t have a bundle of case law behind me, at least I’ve got some established principles to allude to.

Now to start writing the papers. First I’m going to tackle the meat of the action, that is the facts, cause of action, law of case, and proposed judgement. Then I’ll come back to add in the formatting and the summary. After that I’ll start to write the notice to be served to the mother on FB.

It will be curt, polite, educational(in ways that help me), and a chance to avoid court.


Skeleton draft is done! It looks good. The cost of filing will not be cheap though, hopefully worth it. Essentially getting the ball rolling will cost from $100-$200, and by the end will probably cost just over $300. If the procedure remains simple. If I end up filing loads of affidavits and summons and who knows what else, it could go much higher. Luckily though it seems like it’ll max out before it hits $1,000. And by that point, I’m very confident the mother – and whoever pays for her attourney – will be spread so thin that she’ll give up.

Now back to “next of kin”. There are three injuries that I will be asserting on behalf of my nephew: 1) Insect bites * Negligence, lack of clean environment. 2) Respiration Issues * Negligence, smoking in front of the child. 3) Stunted Psychological Development * Emotional Abuse * Negligence, remaining ignorant of parenting principles.

General Damages? Small claims (I’m pretty sure) end at $10,000. I’m thinking damages for the case should start at $20,000. Definitely not in the millions, probably under $500,000. Will still need to do the math. Doctors are not cheap.

How can I present the initial notice to her in a way that makes it seem gracious while still demanding $20,000+? Perhaps a condition that the payment may be paid over a period of x years. The father’s child support was $300, last I checked. That would be about 5.6 years to pay off $20,000. Maybe I could include some thought provoking payment plans.

I mean in all honesty that’s a pretty fair outline, of course I’d have to do some more accurate and inclusive arithmetic, but honestly that’d be a pretty solid retribution for her wasting of the father’s child support. Essentially, (if enforced) it would nullify child support that he pays, and force/encourage that money to be spent on the child. Toward the therapy, medical treatments, and healthy food.

Then if I were able to encourage my brother to fight child support with my counsel, and he won, the flow of cash would be entirely reversed. That would be the grandest blessing in the world.

As it is the tribunal and the sovereign that makes law, it is good form to address the court as another. Do not consider yourself the court even though in practice that may be true. The goal is to settle everything well before it needs to go to trial. But if I am able to have a jury of peers to see the case between me and her, I should have everything to gain.

There’s a good chance some of my arguments may not hold water, but there’s a very good chance that the court will find which ones do. And hold her guilty for that which she is genuinely guilty of.

So the process:

I make my presentment of injuries and demand for compensation to the father on behalf of the child. She has the following options:

  1. Accord & Satisfaction
  2. Condition Acceptance
  3. Rejection Without Dishonor
    • Very possible if she decides to be polite.
    • She could simply point out that I am wrong about xyz fact, so I’ll have to rethink and correct if necessary.
  4. Argument (Dishonor)
    • When she starts making statements that are intended to confuse and distract.
    • Statements that have no factual basis.
    • I’ll be forgiving and instruct her on why she is out of line, then present again.
  5. Silence (Dishonor)
    • No response after 10 days.

Afterwords it’s time to file my action, with a Summons, and supporting documents.

As we move through the process, any response she makes in writing and/or through the appropriate forum acts as her presentment. Meaning I must honor it as I would like her to honor mine. We can have a civil discussion with various conditions being proposed.

The key is to move slowly and steadily, with full capacity. Absolutely no unnecessary delays. If the magistrate and his venue are abused or wasted he will waste no time in making things difficult for us.

Demonstrate Father’s Suitability

Show that father is capable and as the true next of kin, rightful guard.

At some point I will make a motion for damages to be paid to the father. If the court determines her guilty on all counts, then she can be said unfit/unsuitable in these aspects of her caretaking. Therefore the general damages, and specific damages ought to be delivered to the next suitable guardian.

Meaning (so my intention isn’t misinterpreted) the other natural guardian, the child’s father, ought to receive the damages.

Alright the notice is in its final draft. I’m ready to serve it. As soon as it is, it will be posted here.

signature


Hello Crystal,

I hope that this letter has found you well. Typically it is not my policy to engage myself with the familial business of my nephew. However my observations of him over the past year have convinced me otherwise. I strongly feel that by writing to you directly we may be able to reach an understanding to ensure that my nephew is treated properly in the future.

As a young mother, who has no doubt been given an imperfect upbringing, you have the unique gift of a life to nurture and care for. A chance (that many do not) to rise above the mediocrity as a truly exceptional mother for your child. Despite your mistakes so far, between my parents, my brother, your family, and your friends you have an array of resources available to you. Resources that could place you on an honorable path very quickly, if you were to accept them.

So far though you’ve been very keen on keeping yourself in a perpetual state of poverty. And so far your performance as the mother of my nephew has been very disappointing. Under your care and custody he has sustained significant injury. Which is why I am writing this letter to notify you (in case you were unaware) of these; and to notify you of what actions you may take to remedy your mistakes.

As a mother you have a considerable responsibility to care for your child and to protect him from injury. This is a societal expectation that has been codified in our moral code, our laws, and our legal codes. You have broken that responsibility from your neglect and (perhaps willful) ignorance. As a result I am demanding restitution, on behalf of my nephew, for the following injuries:

  1. An unclean home.
    • Nephew was observed to have Flea/Bed Bug bites.
  2. Smoking in close quarters with Nephew
    • Which has aggravated or caused his respiratory issues.
  3. A lack of care towards Nephew’s psychological well being.
    • Leaving him in the care of individuals of unknown character.
    • Unnecessarily disrupting his life.
    • Keeping him awake late into the night.
    • All of this has resulted in a recent display of regressive behavior:
  4. Opening the freezer to chew baby teethers on a regular basis.
  5. Putting small items in his mouth again after nearly a year of not doing it.
  6. Continued use of diapers with little interest in using a toilet, which at his age of 3 years and 7 months is becoming increasingly inappropriate.

In the development of any child these are significant issues that must be addressed. If these injuries are in fact honest mistakes or negligence then this is your opportunity to remedy them. The damages you are responsible for:

  1. General Damages $20,000
  2. Cost of Play Therapy for 3.5 years until the age of 7. One $90 session a week for 180 weeks is $16,200.
  3. Respiratory treatments $2000 or according to proof.

In the spirit of keeping our conduct civil and well documented I request that all of our correspondence is written, with your responses sent to my parents’ house. At this point you have 5 options:

  1. You may accept my proposal and pay damages directly.
  2. You may make a counter offer. Perhaps to pay damages in smaller monthly payments, or need reassurance that they will benefit Nephew. I would be happy to consider any reasonable offers you make.
  3. You may reject this proposal in its entirety if there is an error in my description, judgment, or conclusions.
  4. You may reject it, without giving a reasonable cause.
  5. Lastly you may simply ignore this letter.

If you choose number one, two, or three we will proceed to find an agreement that we both find acceptable. If you choose option four or five, I will be taking lawful action against you in court. Thank you for taking the time to read this, I am looking forward to your response.

Evan Surname, on behalf of, Nephew Surname

[ Address ]

Truth Bleeds Red 2018