Mother asks court to certify questions to state supreme court (Florida)

This is another one of those horrible cases from the state of Florida. A mom makes good faith allegations of child abuse--only to have the evidence suppressed and ignored. And then, in order to further intimidate the mother, the attorneys make "alienation" accusations when the children back up the mother's claims. End result: the mother loses custody and is placed on indefinite supervised visitation. Unfortunately, what happened to Linda Marie Sacks is not unusual. This scenario is being played out all over the U.S. these days, especially in the English speaking countries. But increasingly elsewhere as well.

Press Release 12/22/10
A Florida Mother asks Court to Certify Questions to Florida Supreme Court/ National Crisis in the Family Courts

Mothers of America…..if she can lose custody….any one can…….

A “squeaky clean” mother, Linda Marie Sacks, in her effort to be re-united with her children, asks the Fifth District Court of Appeals to certify 3 questions of national importance to the Florida Supreme Court. Mothers all over the U.S. are losing custody of their children, and all their contact is terminated or they are placed indefinitely on Supervised Visitation, by the trial court with no case plan and reunification plan.

After 3 years/9 months of only supervised visitation,(74 hours total) with her children, a Daytona Beach Mom is asking the Fifth District Court of Appeals to certify 3 questions of great national importance.

1. If a parent makes a good faith allegation of abuse, with documented evidence, in an effort to protect her children, should that parent be deprived of physical custody of her children, or have their contact supervised, indefinitely without a case plan, or reunification plan provided by the trial court?

2. Does a state court violate the First, Fifth and Fourteenth Amendments when it deprives a parent of physical custody, and limits that parents contact to Supervised Visitation with her children, for taking the reasonable action based upon a belief, supported by facts that her children need protection from abuse?

3. Does a state court’s custody decision that deprives a parent of access to her children indefinitely, unless supervised, without a finding of unfitness by clear and convincing evidence, which effectively terminates a party’s parental rights, violate the Fifth and Fourteen Amendments?

Her daughters in April 2007 told her..”Mommy fight for us and do something every day to get us back and don’t ever stop”, so every day she has kept that promise and now will go to the Florida Supreme Court, and then on to the U.S. Supreme Court in Washington D.C. After spending $140,000 to do undo the unjust custody ruling by the trial court of Judge Shawn L. Briese, she is now more determined than ever, and has taken up the legal challenge on her own as a pro se litigant.

The Fifth District Court of Appeals on Dec. 7, 2010, denied Mothers 2nd appeal so she is now asking that the Florida Supreme Court address this crisis in the family courts. Family courts are in crisis and Mothers are sadly losing custody of their children, and all they did was ask the “official avenues”….judges, police, DCF for help to protect their children from documented abuse, and they are losing custody. Family court judges are dismissing, ignoring, and suppressing documented evidence abuse and the abusers are getting custody.

The ABA.. American Bar Association states that Batterers ask the family courts for SOLE custody, and are successful 70% of the time. Imagine…a parent with documented evidence of Domestic Violence, and Child Physical and/ or Sexual Abuse to the children…. And the fathers are able to get SOLE physical custody, and Mothers, known as “protective parents” are sadly placed on supervised visitation or all contact with their children is terminated.

The Florida NOW (National Organization for Women) Ad Hoc Family Law Committee has a brochure on this national crisis.
www.nowfoundation.org/issues/family/

If you think…oh that could never happen to me….that’s what this Mother thought…and as “squeaky clean”, class Mom, soccer Mom, car pool Mom, community volunteer, with no drugs, no abuse, no alcohol, just a loving, caring, primary care giver to her children………..she lost custody in a hearing that the Fifth District court of Appeals Case 5D07-1682 said that her constitutional rights were violated…and the hearing to determine custody on March 9, 2007, should never have taken place in the trial court of Judge Shawn L. Briese. The Fifth District Court of Appeals REVERSED and REMANDED the issue of custody back to Judge Briese for a “Retrial of the custody of the minor children”. Judge Briese refused to be disqualified from the hearing on child custody and refused to remove the unjust “supervised visitation” order.

This national crisis is affecting 39 states………..

A national conference will take place in Albany NY…Jan 7, 8 , 9, 2011 ..addressing this crisis in the family courts. For more information on this conference:

www.batteredmotherscustodyconference.org

Advocates are asking for a federal investigation into the corruption in the family courts and congressional hearings to address this national crisis…children are being forced to live with an abusive parent….and safe, protective parents are losing custody.
For more information:

www.centerforjudicialexcellence.com
www.justiceforchildren.org
www.protectiveparent.com
www.taliacarner.com
www.leadershipcouncil.org
www.dvleap.org
www.stopfamilyviolence.org
www.juliafletcher.wordpress.com
www.americanmotherspoliticalparty.org
www.lizlibary.org
www.batteredmotherscustodyconference.org
www.randijames.com
www.protectiveparents.ning.com

Will you be part of the solution to this national crisis?

Mothers Certified Questions Below D IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT

LINDA MARIE ANNE SACKS
Appellant,
CASE NO. 5DO9-3752
v. L.T. 2004-30312 FMCI
L.T. 2006-32560 FMCI DAVID MICHAEL SACKS AND
FOOD SUPPLY, INC.
Appellee
___________________________/
MOTION FOR CERTIFICATION

COMES NOW, the Appellant, LINDA MARIE ANNE SACKS, Mother to R.S.
and S.S. , minor children, and files this Pro se Motion pursuant to Florida Rules of
Appellate Procedure Rule 9.330 and asks that these questions be certified as
questions of great national importance.

1. If a parent makes a good faith allegation of abuse, with documented evidence,
in an effort to protect her children, should that parent be deprived of physical
custody of her children, or have their contact supervised, indefinitely without a
case plan, or reunification plan provided by the trial court?

2. Does a state court violate the First, Fifth and Fourteenth Amendments when it
deprives a parent of physical custody, and limits that parents contact to Supervised
Visitation with her children, for taking the reasonable action based upon a belief,
supported by facts that her children need protection from abuse?

3. Does a state court’s custody decision that deprives a parent of access to her
children indefinitely, unless supervised, without a finding of unfitness by clear and
convincing evidence, which effectively terminates a party’s parental rights,
violate the Fifth and Fourteen Amendments?


WHEREFORE, Appellant respectfully prays that this Court grant this Motion for
Certification and allow these questions to be certified for the Florida Supreme
Court as these questions are of great public importance,
Respectfully submitted on this 21st day of December, 2010.
______________________
Linda Marie Anne Sacks
CERTIFICATE OF TYPEFACE COMPLIANCE
I HEREBY CERTIFY that the typeface used for this Motion is Times New Roman, 14 pt.
_____________________
Linda Marie Anne Sacks
CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the original of the foregoing has been hand delivered to
the Clerk of the Court, Fifth District Court of Appeals, 300 South Beach Street,
Daytona Beach, Florida and that a true and correct copy has been furnished by
U.S. Mail to:
James L. Rose, Esquire,
Appellees Co-Counsel
222 Seabreeze Blvd.
Daytona Beach, Fl 32118
Leonard R. Ross, Esquire,
Appellees Co- Counsel
642 N. Halifax Avenue
Daytona Beach, FL 32118
on this 21st day of December, 2010.

____________________
Linda Marie Anne Sacks
Appellant / Pro Se
386-453-3017

For more information please contact:
Linda Marie Sacks
386-453-3017