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Sunday, October 17, 2010

California Children and Parents Rights Amendment & US Amendment

For ease of viewing, I have included both the "California Children and Parents Rights Amendment and the US Parental Rights Amendment proposed to the respective Constitution.

My main concern is "Will, and if, these amendment get approved, will it make a difference for our families and children??" 
May you find strength in your Higher Power, 
 GranPa Chuck

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California Children and Parents Rights Amendment 
Original Link: http://www.facebook.com/group.php?gid=52927728720

Section 1. The right of the parents to direct the upbringing of their children, and to the care, companionship and society of their children is a fundamental right, liberty interest, and a compelling state interest to uphold subject only to the highest federal strict scrutiny test. This is the public policy of the state of California.

Marriage is a contract. Marriage establishes contractual rights and obligations as established under the Contracts Clause of the United States Constitution. The state is prohibited from enacting any law that retroactively impairs marriage contract rights and this prohibition also applies to any act of any judicial officer in any court. Unwed parents have the same rights and obligations as married parents, and are bound by an unwritten contract to raise their children. Family law court is a court of law, not a court of equity and all civil rights and liberties extend to family court, and all criminal procedures protecting people shall apply when abuse is alleged.

Section 2. The right of children under age 18 to the care, companionship, and society of their parents is a fundamental liberty interest, civil right and a compelling state interest to uphold. Children born outside of the marriage contract have the same rights as children born under marriage the marriage contract or common law marriage.

Section 3. The state of California, nor any administrative, judicial, executive or legislative act, directive, order or rule of court or attorney general or attorney ruling shall infringe or interfere upon these liberty interests and civil rights without demonstrating evidence beyond a reasonable doubt in a jury trial in a court of law that such a fundamental rights be abridged except in cases of criminal neglect, abandonment or abuse. Parents and children have the right to a speedy trial. No governmental act or acts now in existence can be created to supersede, modify, interpret, abolish, or apply to the rights guaranteed by this article save by a two thirds majority vote of the people of California.

Section 4. The citizens of the state of California declare that children are not visitors in the lives of their parents. The term “visitation” is struck from all statutory law in California and replaced with “parenting time.”

Section 5. Best interest of the child and/or children is a vague definition. Therefore, the term "best interest of the child" or such similar language is struck from all statutory law in California and replaced with "in support of the fundamental rights of parents and children" and compliant with this amendment.

Section 6. Court orders setting child support, alimony are subject to debt obligations in civil court, and subject to civil and criminal jury oversight. As such, family law orders and judgments are not enforceable by contempt since punishment by contempt would violate the constitutional guaranty against imprisonment for nonpayment of debt as defined by the U.S. Constitution, Amendment. XIII; and the California Constitutional Articles 1 I, § 10. An order or judgment is a debt within the meaning of the constitutional guaranty against imprisonment for debt because it requires the payment of money. Child support, alimony are law-imposed obligations and for the purposes of this Amendment only are considered money judgments in civil actions for debts and thus are not enforceable by the court's contempt power.

Section 7. Definitions Marriage: For purposes of this amendment only, Marriage is a contract that establishes contractual rights and obligations between parties of the marriage contract, which the state must enforce and cannot interfere with, and must support as a public and state policy obligation of the highest order. Common Law marriages from other states are recognized as legal.

Parent: The biological creator of the child. Secondly, any adult the state designates as a parent, either through marriage, contractual agreement or otherwise, in compliance with all sections or provisions of this amendment.

Parents and children are persons residing in California.

Child: An individual under the age of 18 years of age.

Section 7. Severability

If a Section or Provision of this Amendment is or becomes illegal, invalid or unenforceable in any jurisdiction, that shall not affect:

1.the validity or enforceability in that jurisdiction of any other provision of this Amendment; or

2.the validity or enforceability in other jurisdictions of that or any other provision of this Amendment." 

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Compare California Amendment ABOVE with
US Amendment BELOW

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