Supreme Court Ruling

San Diego

With the U.S. Supreme Court considering applying the Confrontation Clause in
Crawford retro-actively and all courts being equal – marks a new day for Family
court attorneys.

Bringing in out-of-court statements without the (children) victim not testifying in person “is fundamentally at odds with the right of confrontation, ” U.S. Justice
Antonin Scalia wrote in Crawford vs. Washington 124 S.Ct. 1354 (2004).

Requiring children testify will Happily turn the current custody process in
family court upside down, according to Bonnie Russell of USAjudges.com.
Should the Court decides to apply Crawford retroactively, thousands of child custody cases might be completely retried as parents and attorneys realize they can pro-actively end parental alienation, false accusations and preserve the relationship between parent and child.” Within a short period of time custody cases will resolve,” Russell said.

“The standards of one court would not be any less in another, especially in
criminal abuse of a child Family Court judges routinely address. The
Crawford ruling is a sudden ravine through the foundation that has held
families hostage to a divorce and custody industry,” Russell said while en route to a speaking engagement at a American College of Trial Lawyers 10th Regional meeting in Oklahoma City.

Traditionally Family Court judges eschewed listening to children, preferring
to grant a full employment act to Jexperts⊆彗匸��(Guardian Ad Litems to act as intermediaries, report directly to the courts without the child themselves NEVER testifying. These third parties would not relay complaints, but report their interpretations of the child’s words, and opinions of cases as fact. (curtailing reports to accomodate abusers)

This resulted with thousands of parents losing custody rights to their child without the court NEVER directly hearing of experiences from a child facts of stoked parental alienation cases, in which parent with custody emotionally isolate children and effectively convince them of problems and situations that never existed!!

“What has happened in family courts has been criminal, Russell says. “Families have been torn apart, children turned against loving parents, because too many professionals had a financial interest in preventing children from speaking for themselves.”

The Court applying Crawford retro-actively, means attorneys will be able to reOpen previously settled cases. “This might be painful for some” says Russell, but family court has needed this clean wind to dry so many unnecessary Tears. Things will have to be different going forward. The only question is whether those who have already been through the system might finally see justice as well. with retro-applicability in future, maybe some parents will just decide to stop fighting and on their own decide a fifty-fifty split.”