Crisis In The Family Courts


Posted in domestic law by abatteredmother on April 15, 2010



Linda Marie and children

Dr. Phil show on April 14, 2010…..will be the 1st National Media coverage of the  child custody crisis in the family courts. But how could this happen in the United States of America…” and why are Squeeky Clean” Mothers  losing custody…and for what reason do you ask?

Child Abuse: when family courts get it wrong. It was very accurate portrayal of the national crisis in the family courts which was published in the Christian Science Monitor 10/09 and the California Progress Report 10/09, and written by Kathleen Russell…from the Center for Judicial

Children all over the US, are taken away from loving, caring Mom’s…known as Protective Parents…and being placed with Batterers who have documented allegations of physical and or sexual abuse to the children. These Moms are placed on Supervised visitation or all contact between mother and children, are terminated, all because we asked for help to protect our children from abuse.

The American Bar Association reports that batterers ask for sole custody of the children in family courts, and get it 70% of the time. Eric Holder the Attorney General asked the question at the Summit on Domestic Violence June 2009…”Why are  batterers getting custody of the children through the family courts or child protective services, and why are mothers losing custody”?.

My case , sadly, is the perfect example of how it can happen to a loving, caring Mom, soccer Mom, class Mom, stay at home Mom, community volunteer, with no drugs, no alcohol, no abuse, ….just a “squeaky clean Mom, who stood up to protect my daughter’s from documented physical and sexual abuse from their father.

My case is a Justice for Children case and they advocate for children, in abusive situations when official avenues have failed to protect them…judges, police, Dept of children.

Just imagine….my daughter’s preschool calling to tell me April 2002, my 7 year old daughter is acting out sexually at school, with sexual knowledge beyond her years, and I am alarmed but my husband of 11 years was not. More school reports that my daughter said at Sunday school “I suck my Daddy’s penis”,
that she took a Barbie doll and put the head of it to a boys penis area, masturbation in class, and on the playground, and this school…a mandatory reporter that never reported.

I was also finding my husband, the children’s father wiping down their vaginas before school, doing inappropriate things to them, and I reported all of the incidents to licensed professionals. One therapist report states…..that my daughters at 5 and 7 were exhibiting erotized behavior, putting dolls in sexual positions, both individual and in sessions together, and my daughter at 8 drew her father as an erect penis on legs, on the therapists white board.

He also punched my 8 year old daughter in the mouth and split her lip and there was blood.  He told me to shut up about all of this, and said she is just imitating something she saw at school, and I did not. I carefully documented every detail and my case is pristine. I have every court transcript, but one and am very shocked that this could happen in the USA and that children’s lives are at risk and the family courts are helping give custody to abusers.
I filed for divorce, with documented abuse, witness statements and after a 3 yr divorce, the father got custody and I was removed from the home and placed on supervised visitation, with 2 hours a month of contact at the local visitation center. He said that I was alienating him from the children with these false allegations of abuse, and the judge believed him. My contact has only been 62 hours at the local visitation center in 3 years….and before this I was their primary care giver….and as they say the “World’s Best Mom”.

I appealed the Judge’s ruling and won, but the same judge refused to be taken off my case and has “legally kidnapped” my children, and will not give them back, or remove my supervised visitation.

The 5th District Court of Appeals, Case 5D07-1682, said this judge abused my due process rights and it was an abuse of trial discretion, and the hearing should never have taken place that took my children away. This judge has documented violations of due process, violations of judges canon #3, violations of ex parte communications, violations of Fl Ad code 2.330, abuse of trial discretion  and this is all in my case. After spending $140,000 in 3 years  I am now Pro se in the Fifth District Court of Appeals (Case 5D09-3752)and after filing my Initial Brief of Appellant, they filed a Motion to Strike my brief, I objected, and there motion to strike was DENIED. And now the retaliation has begun, from former  Husband and his 2 attorney firms.

A hearing is scheduled for April 19, and April 27, 2010 for my Motion for Unsupervised Visitation and Total Contact to Minor Children, but now they just filed a petition for sole residential custody and want to use my hearing time to terminate my parental rights, even though it’s in the appeals court, and every visitation report from the visitation center is perfect, and there is no detriment to the children.

My daughter’s said “Mommy fight for us, do something every day to try to get us back and don’t ever stop”. So today I am writing to you, and I know that one day justice will prevail.

I have faith in God, and will never stop trying to get my daughter’s back. On April 14, 2010 Dr. Phil will be airing a show on the family court crisis. Also Gina Fernandez from did a story about my children and other mothers who have lost custody for no reason other than we stood up to protect our children and they were taken away and literally “legally kidnapped”.

My daughter’s teacher said” if you of all Mom’s can lose custody in a divorce….America better wake up…because if you can lose custody…any one can”.

Thank you so very much for taking the time to read about my children’s plight, and I pray that with God’s help…justice will prevail for my daughter’s and all of the children affected by the family courts.

Could it be you… that would be the voice of all of the children and the Mother’s who are asking for help? Are you the answer to my prayers?

Most Sincerely,

Linda Marie Sacks

Protective  Mother and Act

Cell 386-453-3017

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One Response

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  1. Terri said, on April 16, 2010 at 4:39 am

    Linda Marie, I wish you all good blessings in your hearings. If you need people for court watch, I would come. Please call me if you’d like to talk.

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