Domestic Diversions

Appeal this

Federal Judge John Feikens of the Eastern District of Michigan issued an opinion on the “full faith and credit” clause of the Constituion and federal jurisdiction for interstate custody disputes.

The May 2004 order in Thomas v. Zivian states (excerpt):
Plaintiff C. Lynnette Thomas, the mother of Nina, Felip, and Carmen Ramos, brings this case alleging that the Michigan courts failed to give the Full Faith and Credit demanded by the United States Constitution to a decision of the Ohio courts regarding custody of plaintiff’s three children. Even if this were in fact the case, the Michigan court has already weighed this issue, and therefore this Court has no power to overturn the decision of the state court. When a state court decides an issue of federal or Constitutional law, that decision is final and becomes res judicata. See, e.g., Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975). The only federal court that can overturn such a decision is the United States Supreme Court. The proper way to appeal the state court’s decision on grounds that the Full Faith and Credit Clause has been violated (and/or that Michigan courts made their decision in error given M.C.L §722.722.1303, which governs enforcement of out-of-state child custody determinations) is to appeal the decision through all levels of the state court system and finally to the Supreme Court.

2 thoughts on “Appeal this

  1. clt

    Interestingly enough, I spent $675 for an appeal last December and they would not hear it. Furthermore, what’s a mother to do when the cps system is out of control with their abusese of “powers” and not one authority in the country seems to give a damn? I have spent over $100k fighting this…and thanx much to the “state’s expert”, who enjoys perjuring herself…and sheriffs who enjoy beating up teen girls in hand cuffs…and all sorts of other atoricities that no one will hear, I am financially ruined. In other words, because I do not have the money–my once healthy family is totally destroyed by the unlawful acts of Oakland County, MI, and two of my precious children are put to bed each night by a couple of pedophiles who are being investigated for murder…”by the orders of Joan E. Young.”
    This is not to be taken as sarchasm, nor just the senseless babbling of a devastated mother. This is the absolute truth. I can prove the state’s case is solely based on perjury, tampering with & falsification of “evidence”, the unethical relationship & actions of one of the GAL’s with my children…all sorts of abuses of power by those charged with the duty to UPhold the Laws (as opposed to bending them to suit their desires). I just do not have the skill of an attourney or the money to afford one. THANX TO THE STATE OF MICHIGAN, TWO OF MY CHILDREN ARE WITH PEDOPHILES. “Family Court” is a big money maker for the state–who can fight that?

  2. clt

    BTW: The “case” I brought was a “Notice of Removal”–as is my right, according to law, to file. Obviously, Feikens just plain did not want to hear it the truth of what is going on in “family court.” Michigan has the habit of “passing the buck” AND of stealing children “Under the Color of Law.”

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