Court Filings

On September 20, 2012, the case of John Parent v State of  New York, et. al., no. 12-350, was docketed by the Supreme Court of the United States. Parents and family advocates are now needed to convince the high court to hear this precedent seeking case. It took four years of sacrifice to get it through the federal and state court system, and it may be many more years before the next opportunity comes along.

We are seeking to stimulate a grass roots effort and fundraising initiative during the month of October, 2012 to bring families together behind a moral imperative at the steps of our nation’s highest court. Already we find gay marriage activists organizing behind a similarly docketed case. Why aren’t mainstream moms and dads getting the same level of support and attention? Are we to blame for our own apathy?

To be sure, lawyers and court beneficiaries are not going to do this for us. Here is what it means to you, so please share it with others:

1)  John Parent is a fictitious name granted by a lower federal court not unlike the petitioner in Roe v Wade to protect the privacy rights of family litigants. It is intended to encompass all parents victimized by abusive divorce, custody and support processes in the states.

2)  The “Parent” petition asks the high court to set a limit upon state interferences in our private lives when it forces parents to war over their own children. For example, court orders without “custody” titles are a less restrictive option which more closely satisfies constitutional requirements.

3)  The case hopes to secure constitutional protection for shared parenting and joint childrearing arrangements after divorce or separation. Such protection will reduce parental alienation, family conflict and child seizures caused by lawyers and evaluators who benefit from needless litigation.

4)  An extraordinary First Amendment question in this case requires Supreme Court review: Are judges and lawyers immune from public criticisms of their childrearing authority? Severe retributions were inflicted upon a conscientious advocate who went against his own profession to bring this long overdue case.

These issues will remain subject to diverse and harmful treatment in our local courts unless you get involved in the John Parent case today. Please contact fellow victims, alert the media, make your donations on our site at Leon Koziol.com and buy our court avoidance program at www.familyretention.com or www.parentingrightsinstitute.com. You can also contact the case sponsor, Leon R. Koziol, J.D. directly at (315) 796-4000.

If you’ve been following our hard work and sacrifices on your behalf, you will hopefully recognize the need to secure financial resources. Kindly consider supporting our efforts!

Administrators Note: We are asking all followers of LeonKoziol.Com to assist us by sharing this news release with  members of the media for the purpose of bringing public attention to this important case as well as seeking donations to help cover the burden of litigation expenses.

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LeonKoziol.Com
1518 Genesee Street
Utica, NY 13502

FOR IMMEDIATE RELEASE

Supreme Court Dockets Parenting Rights Case

UTICA, New York (September 28, 2012) – After working its way through the federal courts over the past four years, the case of John Parent v State of New York, et.al., was docketed by the Supreme Court under Case Number 12-350 and now awaits decision by the Justices after briefing deadlines set for October 22nd.

This precedent seeking case challenges mandatory classifications of custody and non-custody in all divorce and family court disputes. The plaintiff-petitioner John Parent is a fictitious name granted by a lower federal court to represent parents needlessly abused in our nation’s domestic relations courts and seeks to set a limit upon the states’ widespread intrusions of family privacy and joint child rearing arrangements. Issues presented include:

Have the states treaded too deeply upon the privacy rights of families in divorce and child rearing matters through the creation of a custodial institution and unequal doctrine of parenting?

Whether select treatment of pleadings and facts below foreclosed public interest rulings on important constitutional questions?

Can a state’s judicial process be abused to suppress First Amendment rights and foreclose access to a federal forum on judicial immunity, domestic exception and abstention policies?

Does the Constitution protect a conscientious civil rights attorney who publicly criticized his profession for its harm to American families in domestic relations litigation?

Observers have drawn a striking parallel between Chinese lawyers seeking asylum in this country and the American civil rights attorney behind the John Parent case in view of retributions upon the public criticisms of each nation’s domestic relations practices.

LeonKoziol.Com is a nationally recognized blog site dedicated to preserving parent-child relationships. To find out more, please visit www.leonkoziol.com.

Contact:
LeonKoziol.Com
admin@leonkoziol.com
(315) 796-4000

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After working its way through the federal courts over the past four years, the case of John Parent v State of New York, et. al., was docketed by the Supreme Court under Case Number 12-350. Official notice was received today regarding this test case filed by civil rights advocate Leon R. Koziol on February 26, 2009. It reached our nation’s high court on Constitution Day, September 17, 2012, and now awaits decision by the Justices after briefing deadlines set for October 22nd.

Whether the full Court agrees to hear the case is dependent upon four Justices voting to grant the writ sought by Mr. Koziol. A decision should come down before the holidays. For those of you following the progress of our case, John Parent is a “fictitious” name granted by a lower federal judge and it is intended to represent “similarly situated” parents abused by the divorce and Family Court industry. Details and a copy of the filing can be found at Leon Koziol.com.

Parents who have faced abuses in America’s domestic relations courts should now show their support by contacting media, fellow victims and potential donors so that this costly undertaking can achieve its greatest impact. Unfortunately, the vast majority of people who could benefit from this precedent setting case have remained passive or engrossed with their own individual controversies. Meanwhile, gay marriage activists have caused five cases to reach the same court in a fraction of the time. Only one of them has been accepted for consideration on the docket.

Should the case achieve its goal of reforming abusive and discriminatory practices upon parents, its sponsor, Parenting Rights Institute, will provide assistance to all those who have supported our cause. The personal sacrifice, financial toll and retributions upon Mr. Koziol have been devastating. It is our hope now that you will make your donation today and encourage fellow victims to avoid court abuses by purchasing the education program offered by our institute at www.familyretention.com and www.parentingrightsinstitute.com. You can also contact Mr. Koziol directly at (315) 796-4000 or e-mail him at leonkoziol@parentingrightsinstitute.com.

No regard is given to the predictable conflict and vast injury which this (unequal parenting) doctrine inflicts upon families. Innocent children are left misguided and confused over the course of their lives, fathers are deprived of love and affection upon return from military service, “non-custodial” mothers are needlessly stigmatized before their own offspring, and diverse victims are invented of the kind featured here”.

This is one of many profound arguments in the case of John Parent v State of New York et. al. fashioned by parental rights advocate Leon R. Koziol, J.D. He petitioned the high court for a writ to hear this precedent setting case on September 17, 2012, the same date set aside to commemorate the adoption of the Constitution. John Parent is a fictitious name granted by order of a federal judge on March 13, 2009. It was intended to signify “parents similarly situated” who are routinely abused by a process that exploits children for money generating purposes. To be sure…

“Has not the time finally arrived to infuse some measure of balance and logic to childrearing dispositions in our nation’s domestic relations courts? Do not our military and law enforcement deserve better when they resume their parenting roles after protecting and preserving a way of life we take for granted?”,  Petition page 5.

 A major rally was conducted at a federal appeals court in lower Manhattan on June 15, 2012 in support of the John Parent case. An adverse summary order was predictably issued days later due to the lack of helpful Supreme Court precedent, leading to the current Petition. A similar rally was planned for September 17th with the cooperation of Capital Park Police. However, it was abandoned due to a lack of resources. The John Parent case has worked its way through the courts since February 26, 2009. Over the next four years, its sponsor faced major retributions for his courageous stand against his own profession. Indeed…

This is not the first time that (Koziol) sacrificed himself for the greater good of our Constitution, see Koziol v Hanna, 107 F.Supp. 2d 170 (NDNY, 2000)(forfeiting position as chief counsel in city government to successfully procure free speech, free press and liberty rights for public employees). When the featured divorce in this Petition was filed on January 5, 2006 as an uncontested action, there were no controversies of the kind described throughout the pleading… Today, all the persons and entities named as defendants in this consolidated action have become participants in the childrearing decisions that were once effectively and privately handled by the natural parents, Petition page 5 .

 The sponsors of this site would like to thank all of you good parents who supported Mr. Koziol and our joint cause against an abusive institution which needlessly pits us against one another. We continue to dream of a day when family advocates finally come together to send the long overdue message that we Americans love our children and can tolerate these abuses no longer. For your own peace of mind, read the John Parent petition and share it with others. It will shed light upon your own pain and suffering and cause you to recognize that you were always a wonderful mom or dad after all.

If you’ve been following our hard work and sacrifices on your behalf, you will hopefully recognize the need to secure resources. We are seeking to develop an action group which can bring advocacy to your individual cases. Please do not pass over our “Donate” button at LeonKoziol.Com and consider a purchase of our Court Avoidance Program at www.familyretention.com and www.parentingrightsinstitute.com. If you would like assistance in your own appeals, trials or petitions, feel free to contact us at (315) 796-4000 or email at leonkoziol@parentingrightsinstitute.com.

The United States Court of Appeals in New York City released its weekly calendar today which includes the case of John Parent v State of New York. This is a consolidated test case seeking to establish a privacy limit for parents and families subjected to abusive divorce, custody and support practices in state domestic relations courts. It is being argued by Dr. Leon R. Koziol, a parental advocate who spent more than 23 years in federal and state courts litigating civil rights cases on behalf of minorities, women and victims of government abuse.

It comes in the wake of the Founding Fathers March on Capitol Hill this past week and is set for Friday of Father’s Day weekend. Whether the June 15th date means anything for long discriminated fathers is already the subject of widespread speculation. Regardless, civil rights activists across New York’s metropolitan area are already organizing a rally at the Foley Square court in lower Manhattan. Although oral arguments are not scheduled, this is the date set to begin deliberations, and it affords Family Court victims an opportunity to express their support.

The plaintiff, John Parent, is not a real person. Like the case of Roe v Wade, it is a fictitious name allowed by a lower federal court on a sealed record to protect privacy interests. The name is also employed to represent the concerns of “parents similarly situated”. In this manner, the high cost and complexities of a class action lawsuit were avoided. In short, you may be an interested party to this action, and your personal and financial support is crucial to its success. The lawsuit and appeals brief can be found on line at www.leonkoziol.com. Today’s news was received with guarded optimism given the uphill battle. However, Dr. Koziol had this to say:

“Shared parenting and family retention are the final frontier of civil rights to be defended under the American Constitution. When parents raise their children, they exercise virtually every human right contemplated by that venerable document. And so, this is where I draw my line against further invasions of family privacy. I will not back down.”

The case deals with a full range of parenting interests, including child alienation, attorney misconduct, oppressive collection practices and equal protection violations. A “separate but unequal” doctrine of custody laws is being challenged because it mandates superior and inferior classifications among separated paternal and maternal family units even when it harms parent-child relationships. Litigants are needlessly forced to fight over power and money awards which produce lucrative controversy for lawyers. Debtor prisons and other barbaric practices inflict greatest injury to minority fathers. The case is being defended by the U.S. Justice Department, New York Attorney General and law firms on behalf of named lawyers and municipalities.

See Complaint and Appeals Brief (Click Here)

Kindly help support reform efforts:

FED  UP  WITH  PARENTING  ABUSE  IN  OUR  COURTS?  JOIN OUR FEDERAL  TEST  CASE  TODAY!

You can persist in the costly court battles, type away on your keyboards, and complain endlessly about a dysfunctional divorce, custody and support process in our state courts. You can also protest in the streets, burn yourself alive like Thomas Ball did, or take the law into your own hands as so many victims are doing today. Maybe even, you will take up a fledgling cause brewing among our followers known as “Occupy The Family Court” patterned off of the Wall Street protests. Or, you can join a federal lawsuit working its way to the Supreme Court known as Parent v State. This case is on track for setting precedent against abusive court processes which impair our fundamental rights of parenting.

You probably did not know such a right or lawsuit even existed. This is because, like the Thomas Ball incident, it is being suppressed by a multi-billion dollar child control industry. Whenever you enter a Family Court, Probate Court or divorce court with children at issue, the state takes virtual control of every aspect of a right which our Supreme Court has consistently described as the “oldest liberty interest” protected by the American Constitution. However, the same court has never established a constitutional limit to these state invasions of family privacy unlike other areas such as abortion and gun control. The time is long overdue for such a limit so that your liberties in childrearing and our family values as a nation may be enhanced.

The Parenting Rights Institute has been promoting this federal lawsuit brought by constitutional rights advocate, Leon R. Koziol, J.D. Filed in United States District Court on February 26, 2009, a federal judge has allowed the plaintiffs to litigate under the assumed identity “John Parent” and “Parents Similarly Situated”. It will soon come up for argument before a federal appeals court in New York City and may wind up before the United States Supreme Court. A related case is already being considered during the current term of the high court on a petition for certiorari. You can verify the Second Circuit docket number 11-2474 and learn more about this precedent seeking litigation by reading the entire Parent brief at www.leonkoziol.com.

Many followers of this site have contacted us for purposes of joining this case, even identifying their lawyers and personal backgrounds. However, formal joinder of parties would cost individuals many thousands of dollars depending upon the experience and competency of legal counsel retained by each. It would also complicate and delay progress for years. For this reason, we are offering our supporters the opportunity of informal joinder without the need for costly fees. We are creating a list of “parents similarly situated” to become a potential class member of this lawsuit. Any person who donates $100 or more to our cause will have the option of being named to this list. It may make you and your child a part of the legal history of this nation.

We already have a list in the making thanks to our early donors. However much more support is needed to cover the herculean costs of these court processes. Mr. Koziol has sacrificed a lucrative career in law and politics to bring this litigation. We cannot and must not allow his efforts to die out. He has already proven his ability to succeed after 23 years of practice in the trial and appellate courts of New York. Three sample cases that he pursued have been cited in earlier releases, including one which resulted in a final judgment declaring the largest casino in New York State unconstitutional, see i.e. Oneida Indian Nation v Oneida County, 132 F. Supp. 2d 71 (NDNY 2000); Patterson v City of Utica, 370 F.3d 322 (2nd Cir. 2004) and Koziol v Hanna, 107 F. Supp. 2d 170 (NDNY 2000). Kindly pass this on to others.

Please Donate Today!

U. S. Justice Department, defense firms and New York Attorney General seek extensions to file briefs in parenting rights case being heard in federal appeals court in New York City.

The U.S. Justice Department has weighed in on the appeal brought by constitutional rights advocate Leon Koziol in New York City. It is representing Kathleen Sebelius, Secretary of Health and Human Services in Washington D.C. who was named as a defendant. The case seeks to promote shared parenting through a precedent setting decision which strikes down a scheme of federal and state laws that discriminate against fathers and non-custodial mothers in divorce, custody and support proceedings.

The complete brief was released publicly on this site, www.leonkoziol.com, on September 22, 2011, shortly after its filing. It addresses a full range of parenting rights routinely infringed in our state domestic relations courts. Like the equal rights vindicated by Brown v Board of Education, but unlike the fundamental rights pursued in Roe v Wade, this appeal is designed to promote family values in separated parental settings. If successful, it will provide a weapon for parents everywhere to resist draconian support orders and abusive court processes.

Significantly, U.S. attorneys have joined the New York Attorney General and law firms representing other defendants in seeking extensions to file their response briefs into December, 2011, or the maximum period allowed by law. Mr. Koziol has opposed those requests on grounds that he was able to complete his own brief in less than one week while filing motions, rule statements, record and appendix in a lesser period of time without office staff or support. Evidently this case, years in the works, is proving to have merit or cause for concern.

Unfortunately, as related in our last post, the financial burden inflicted by such delays is having devastating impacts upon Leon’s continuing ability to maintain this litigation. Simply put, it is a case which seeks a proper remedy in lieu of a constitutional amendment in the state legislatures and Congress that could take decades to produce. To our knowledge, only the State of Louisiana has endorsed such an amendment. On the positive side, the current briefing delay opens the door for persons or groups to join the case or provide their input on the arguments.

For our regular followers, input can be made by e-mail at: leonkozioljd@gmail.com. However you must first read and digest the brief referenced in our last post. In the coming weeks, you will be given the opportunity for virtual participation in our profound litigation by keyboard from your very own homes. Updates on this case and others being pursued by Mr. Koziol will follow. The referenced requests by government attorneys and defense firms may be viewed directly through the links found on our site. In the meantime, we would like to thank our early donors as we continue to urge your support behind this vital cause. Even if you are not currently impacted, the damage caused by these socialist welfare laws is affecting the health, safety, productivity, education and family heritage of an entire nation. Kindly pass this on.

As stated in our previous blog post, resources have dwindled to nothing in connection with our current cases. We are therefore seeking contributions from all concerned. Such cases would cost individual litigants or groups hundreds of thousands in competent fees and litigation expense. It is therefore crucial for all of our supporters to join us in this effort. A pay pal account has been set up to accept your donation. No matter how great or small it may be, every amount helps. Please consider this using the method provided below or by mail to: Parenting Rights Institute; 1518 Genesee Street; Utica, New York 13502. Leon can be reached directly at (315) 796-4000. Networking and media connections are also greatly needed. Once again, we would like to thank all of you for your help. 

 See Requests for Extensions Here

KOZIOL’S  PARENTING  RIGHTS  CASE  TO  BE  HEARD  BY  FEDERAL  APPEALS  COURT  IN  NEW  YORK  CITY  (ENTITLED  PARENT  VS  STATE)

Years in the works, Civil Rights Advocate Leon Koziol has brought his case for parenting reform before the federal Court of Appeals in New York City. This precedent seeking litigation is designed to promote shared parenting through a decision which strikes down discriminatory custody and support laws as unconstitutional. It is a case not unlike Roe v Wade in its approach to fundamental rights except that this one seeks to advance family values in America.

The ominous trend in today’s childrearing laws features the state’s increased interference in family affairs. Diverse agreement and home environments are upstaged by socialist welfare practices which place the child above the parent in decision making authority. The state has seized power over private matters by engaging in needless financial inquisitions and substitutions of judgment reserved to moms and dads, whether married or living apart.

The insidious vehicle for this violation of human rights is the federal “Child Support Standards Act” which conditions divorce and court access upon the parents’ adoption of “custody” titles and an unequal doctrine of childrearing. Fathers and non-custodial mothers are particularly harmed by over inclusive laws which place good parents in the same classification as bad parents for purposes determining support and child access. Put simply, it is a lucrative institution which discourages liberty, cooperation and diversity as hallmarks of our Constitution.

On our Parenting Rights Institute site, www.leonkoziol.com, a link to the complete brief will orient you to this case. You can short cut the legalese by skipping over to the “Summary of Argument” and “Argument” sections. This case is more comprehensive than the one being considered simultaneously by the United States Supreme Court (also found on our site). Together they seek precedent for the benefit of aggrieved parents everywhere as well as the lawyers who risk their livelihoods in defense of our most valued rights.

To assess the credibility of our work and its importance to you and your loved ones, three sample cases are offered for your review from Leon Koziol’s litigation history, Oneida Indian Nation v Oneida County, 132 F. Supp. 2d 71 (2000)(successful maintenance of state court action against Indian casino enterprises represented by national law firms seeking injunction);Koziol v Hanna, 107 F. Supp. 2d 170 (2000)(successful challenge of city mayor who violated First Amendment rights of city employees as city corporation counsel, upheld by same federal appeals court here); Patterson v City of Utica, 370 F.3d 322 (CA 2, 2004)(featuring $333,000.00 jury verdict obtained by Leon Koziol on behalf of a civil rights victim ultimately settled on remand).

Unfortunately resources have dwindled to nothing in connection with our current cases. We are therefore seeking contributions from all concerned. Such cases would cost individual litigants or groups hundreds of thousands in competent fees and litigation expense. It is therefore crucial for all of our supporters to join us in this effort. A pay pal account has been set up to accept your donation. No matter how great or small it may be, every amount helps. Please consider this using the method provided below or by mail to: Parenting Rights Institute; 1518 Genesee Street; Utica, New York 13502. Leon can be reached directly at (315) 796-4000. Networking and media connections are also greatly needed. Once again, we would like to thank all of you for your help.

                                                                                                                                                         

View Complete Brief Here

KOZIOL FILES CASE  IN  UNITED  STATES  SUPREME  COURT  SEEKING  CONSTITUTIONAL PROTECTION FOR PARENTS AND FAMILY ADVOCATES

On August 15, 2011, the Supreme Court of the United States submitted notice to civil rights advocate Leon Koziol that his petition for a writ has been accepted for consideration under docket No. 11-185. The petition will now undergo a review to determine whether the case will be heard by the full court. A vote of four justices is needed to make this occur.

The case is based upon Mr. Koziol’s four year ordeal at the hands of state disciplinary agents retaliating against his campaign for reform in state domestic relations courts. Specifically, after 23 unblemished years as a successful trial advocate in federal and state courts, Mr. Koziol became victim to fabricated charges designed to suppress protected activities under the First and Fourteenth Amendments.

The petition is a fascinating read for human rights victims and those who have been abused in divorce, custody and support courts. It has all the ingredients of a John Grisham novel, and it actually seeks protection for lawyers who pursue admirable causes for the people. Through vague code provisions and substandard prosecutions, good lawyers are easily removed from the profession when they take on litigation against powerful government officials.

Leon Koziol is asking all of his supporters and followers to read his petition and pass it on to those who may be of assistance, i.e., media contacts, authors, intervenors, columnists and benefactors to help fund this vital cause. Without the good guys among those practicing law, the people will continue to be fleeced of their resources through orchestrated family controversies that are collectively harming the health, productivity and heritage of an entire nation.

Link to petition (Click Here)

On December 21, 2010, civil rights advocate Leon R. Koziol submitted a Petition for Writ of Certiorari before the United States Supreme on a constitutional challenge to New York’s custody and support laws. Three principal questions are being raised: 1) whether the state has exceeded a constitutional limit upon child control practices in domestic relations litigation; 2) whether the state promotes institutional discrimination on account of gender in these same processes; and 3) whether the state has impaired the liberty rights of a father and attorney to maintain a paternal family unit and fair participation in our state courts after publicly criticizing abusive and unethical practices. The petition arises from a mandamus and prohibition action dismissed by the high court of New York recently which made these issues ripe for review by our nation’s highest court. The Supreme Court accepts relatively few cases for decision each year, however, this petition features questions of nationwide importance to parents and children. It represents one of many efforts to reform antiquated laws which fleece families of their resources through manufactured controversies. These challenged laws coerce parents to fight over their own children in public courtrooms in lieu of private agreements without government interference. A planning session in New York City early next week seeks to organize a national parenting rights convention and spring rally in Washington D.C. An alternate route to the Supreme Court is well underway in connection with two actions consolidated by a federal court judge last month. A fascinating read, we plan to publish components of Mr. Koziol’s writ to our followers across the country at www.leonkoziol.com in coming weeks.

Leon R. Koziol, J.D.

See Cover & Introduction:

See Utica Observer Dispatch Article


http://www.scribd.com/doc/45819492/Leon-Koziol-Submits-Parental-Rights-Case-to-U-S-Supreme-Court