Wednesday, January 10, 2007

More Court Crap

Well, I guess it's time for a little court update. Our appearance on the 4th was really just a formality (again). Sheesh, no wonder the court system is so clogged. It takes 3 or 4 different appearances to get anything done. Our attorney filed a Motion for Dismissal. She doesn't think the judge will dismiss it, but I figure it's worth a try. If the stupid judge actually decided to read the allegations, any of the stuff we have filed or any of the answers to their allegations then this crap would be over, but I don't think he bothers.

What we filed was:

COMES NOW, the parents, XXXXX and XXXXX, by and through their undersigned attorney and move this Court pursuant to Rule 8.235(b), Fla. R. Juv. P., to dismiss the Petition for Dependency for failure to state a cause of action and would state the following in support of their motion:

1. The Petition fails to allege the factual basis for any reasonable efforts made to prevent or eliminate the need for the removal of the child from the home.
2. The Petition fails to allege any allegations of abuse, abandonment or neglect. The allegations are merely that the mother did not make the minor child available to the Department Investigator. The mother does not have any duty to make the child available. There was no court order, nor pending case.
3. The Petition fails to allege any actual abuse or neglect or abandonment. In fact, the Petition fails to date any actions by the Father in paragraph 6.b.
4. The Petition fails to allege any actions by the father that are in the presence of the minor child. The Petition alleges that the father wears “vulgar” clothing, boxers or a
towel to the mailbox, and shorts to answer the doorbell. The allegations do not rise to the level of dependency.

Wherefore, the Parents pray that this Court will dismiss the Petition and grant any other relief deemed proper and appropriate.


Our attorney keeps saying how she can't believe that the state is proceeding with this case. They have nothing. N. O. T. H. I. N. G. It is a collassal waste of time and money.

The real reason they have continued with this is because of point 2 above. We refused to jump just because they said 'frog' and tried to make them follow the law. You know, things like following due process, adhering to unimportant little documents like the Constitution and the Bill of Rights.

Assholes. They think they are above the law; that the Constitution does not apply to them.

They certainly aren't doing any of this 'in the best interest of the child.'

No comments: