court case in 2 days time

[banjoreality]

Hi every one, I have a nasty court case in two days time, i am a british citizen living in spain, I'm separate, me and my daughter wanted shared custody, we never got it, we tried physically ie: my daughter told me she wanted to stay the night instead of going back to her mums, it didn't work my ex (and her disgusting lawyer) threw the book at me......any advice (please).....?

[girlgye]

Hi every one, I have a nasty court case in two days time, i am a british citizen living in spain, I'm separate, me and my daughter wanted shared custody, we never got it, we tried physically ie: my daughter told me she wanted to stay the night instead of going back to her mums, it didn't work my ex (and her disgusting lawyer) threw the book at me......any advice (please).....?

There is loads of stuff on www.thinkfree.org type in a search on social work, custody etc.

Bursting Bubbles by Rob Menard is good. But if you are new to this I wouldn't attempt it. I'm three months into it and I'm not attempting court. I spent so much time being led up blind alleys and now I have to rectify all that and re-wire my brain.

You could go in and say you don't consent and ask for it to be adjourned until such time you can avail yourself of the knowledge You could pm Rob Menard. He may help you. Padreilluminato on thinkfree is also good on this.

Take care and don't do it alone.

[banjoreality]

thanks for the advice girlgye.

[yozhik]

How old is your daughter?
The court will usually (but not always) consider the wishes of the child; but the safety and well-being of the child should always be given top priority.

Is your ex also in Spain? Or just you?

[banjoreality]

we are both living in spain, same city, my daughter is 5 they haven't listened to her, doesn't seem as if they intend to, the court case is about (completely false allegations) gender violence it's a special court dedicated entirely to incriminating males.

[yozhik]

we are both living in spain, same city, my daughter is 5 they haven't listened to her, doesn't seem as if they intend to, the court case is about (completely false allegations) gender violence it's a special court dedicated entirely to incriminating males.

Ouch.

Sometimes you need to pick your fights.
Given this is such a sensitive subject, with very serious consequences, I wouldn't screw around with trying the freeman ideology on it.

It's in Spain.
It involves your daughter and serious allegations/accusations.
Swallow your pride; get the best "legal" help you can afford.

Sometimes its better to lose the battle, to win the war.

[breezinreezin]

the court case is about (completely false allegations) gender violence it's a special court dedicated entirely to incriminating males.

Jeez, there's no let up is there. If they can beat down and psycho-castrate the latin male...

May as well start forming a queue for gender reassignment. We can all start comparing tits and scars! I often wondered why men did that, you know the ex-army Mike becomes Mavis type. The fact is, they're ahead of the game:(

[scottmurray]

ok as i understand it many dodgy companies set up opporations in spain becuse they then fall under spanish juristiction and i understand its very very easy to manipulate the spanish courts if ya know what ya doing.
spain is not based on english principles9one of the few) so im not sure freeman stuff will help.

[banjoreality]

Ouch.

Sometimes you need to pick your fights.
Given this is such a sensitive subject, with very serious consequences, I wouldn't screw around with trying the freeman ideology on it.

It's in Spain.
It involves your daughter and serious allegations/accusations.
Swallow your pride; get the best "legal" help you can afford.

Sometimes its better to lose the battle, to win the war.

Thanks for the advice, i've got a good lawyer but something in my gut tells me to not recognize their jurisdiction over me, don't know what to do, the only thing I know is that I am not that ficticious person designated on the paper, nor is my name, if any written in capital letters, I understand the difference between law and statute land and admirality but what do i do?
Will my lawyer understand if that is what I declare at my next hearing?
That I am not Señor CAPITAL LETTER?

[tien an]

ok as i understand it many dodgy companies set up opporations in spain becuse they then fall under spanish juristiction and i understand its very very easy to manipulate the spanish courts if ya know what ya doing.
spain is not based on english principles9one of the few) so im not sure freeman stuff will help.

My thoughts exactly: Does Spain recognize Common Law at all?


banjoreality

Yozhik gives some good advice there...don't fart around with this right now.
There's too much at stake.

Try concentrating on the well-being of your daughter.
I'd say it would be good for her to continue seeing both of you.
Go for compromise as often as possible (remain in honour),
Try for the win-win-win situation.

Sorry if the above sounds sanctimonious, it's just the way it came out.
Good luck to you.

tien an.

[banjoreality]

My thoughts exactly: Does Spain recognize Common Law at all?


banjoreality

Yozhik gives some good advice there...don't fart around with this right now.
There's too much at stake.

Try concentrating on the well-being of your daughter.
I'd say it would be good for her to continue seeing both of you.
Go for compromise as often as possible (remain in honour),
Try for the win-win-win situation.

Sorry if the above sounds sanctimonious, it's just the way it came out.
Good luck to you.

tien an.

It doesn't sound sanctimonious on the contrary, thanks for the feed back.
No offence but I don't get it... Be a freeman but not if you're a dad cos it's dangerous.... If i continue down this path my schizo X and her lwayer from hell will have me either criminally charged or worse.
I now know that the piece of paper they try to get me to sign at the hearing does not refer to me, it has my name written in capital letters. So what do i do?
PS I am not farting around, this is my daughters, and my own well being and freedom I am fighting for.

[white horse]

My thoughts exactly: Does Spain recognize Common Law at all?



Nope.

[Ian2day]

As I understand it in UK courts. If you use the courts system to settle a parenting dispute it is because you are not fit enough to handle your own affairs. Thus by default you make any child a ward of the court as you give them the power to make choices and decisions for you. In England and Wales the Lord chancellors office has something called a parenting agreement which both parents can use to decide about the care arrangements for children from a relationship.

Most importantly where was your daughter born? As this would perhaps show what path to take.

i. You could try to do the Spanish equivilant of the parenting agreement. Then in the court show that you have taken all reasonable steps to stay within honour as a parent.

ii. Serve notice on the Spanish court declaring the jurisdiction of england and wales or the Hague, as being the only court able to make decisions as you're a Freeman of England or a UK citizen etc or the child is bound by this jurisdiction as it is a member of the Family of such and such who are only answerable to common law and not admiralty/maritime statute law or Spanish/EU law etc.

iii. Contact an organisation called Families need Fathers in the UK. They have limited experience in international disputes and may be able to recommend a way to proceed or a McKenzie friend to enter the court with you and advise you in any hearing.

iv. Can you insist all hearings are conducted in English if they are a member of the Bar system of London?

v. Good luck keep us all posted as to how you get on!

This in no way constitutes legal advice it is just my lay opinion.

[equilibrium]

Whether or not you can claim the jurisdiction of England depends to an extent on how long you have lived in Spain. If your domicile is Spanish then your affairs have to be dealt with under spanish law. It is accepted by almost all countries that they do not have jurisdiction over their citizens which are domiciled elsewhere. Your daughter's place of birth can also have a bearing. If she was born in spain it can be more difficult to claim English jurisdicion.

In most countries the courts only get involved in family law issues if they parties can not settle it between them. In many instances parties will agree matters between themselves and if court appearance is necessary under the country's law, the court will simply act as "a rubber stamp".

If you want to keep things out of court, your best chance is to have a mediation session with your wife and your respective lawyers or a mediation officer. In residency cases, the courts are usually concerned with the best interests of the child. So it's in your benefit to suggest mediation, even if you know your wife wont accept. It will show the court that you are a reasonable man who takes responsibility for his affairs whilst she is acting unreasonably and with hostility. Anything you can do to make yourself look as reasonable and responsible as possible will really help your case, especially if it makes her look unreasonable. Believe it or not the courts prefer these matters to be settled outwith the court and will view you in a better light for attempting to do so.

If you have to attend court and play by their rules and you feel they have discriminated against due to your gender then you can appeal to the european court of justice.

They also have an obligation to conduct the case in a language you can understand fully or have an interpretor translate everything for you. If you feel that there are aspects of the hearing which you are not understanding them you have a right to object. It's part of the declaration of human rights which they've agreed to adhere to. If they make you go by their rules, then you should make sure they stick to their own rules as well.

Good luck!

[banjoreality]

thanks for the good advice everybody.

[banjoreality]

[QUOTE=white horse;979612]Nope.[/QUOTEa

Spain does have common law.

If I'm not wrong it's in the "codigo civil" book. ley comun.

[tien an]

It doesn't sound sanctimonious on the contrary, thanks for the feed back.
No offence but I don't get it... Be a freeman but not if you're a dad cos it's dangerous.... If i continue down this path my schizo X and her lwayer from hell will have me either criminally charged or worse.
I now know that the piece of paper they try to get me to sign at the hearing does not refer to me, it has my name written in capital letters. So what do i do?
PS I am not farting around, this is my daughters, and my own well being and freedom I am fighting for.

You're more than welcome.
You don't 'get it' because I didn't say it in as many words.
Baby steps.
Don't fart around trying to be a freeman on the land if you're not confident in what you're doing.
It's ok if you're single, with no dependants, which is not the case.
This was the thinking behind me saying 'don't fart around with this'.
I am not for one moment insinuating that you are not doing your best or being a good father etc.
I really don't think this is the moment to introduce 'banjoreality the freeman' to the equation. I would give the courts, your ex-wife and her (undoubtedly) slimy lawyers every reason to believe that you are sane, serious and committed...as they would see things.

IMHO the freeman on the land stuff can come later.
Then again...there have been some really interesting posts since I last visited.

I wish you luck.
tien an.