Good news for the parents of the children kidnapped from the FLDS compound near Eldorado. A state appeals court judge has rule that Judge Walther exceed her discretion when she order the state to take custody of the children. Judge Walther has 10 days to vacate her order.
Here is a link to the Houston Chronicle article and some comments by Tim Lambert from the Texas HomeSchool Coalition
Update on Parental Rights Challenge: FLDS vs CPS
The law says that the state must show that the children are in imminent danger. That was clearly not true of all the children that were removed. Although it could be true of girls near puberty IF the state has proof of a pattern of underage marriages.
With regard to underage marriages. Up until several years ago, Texas law allowed 14 and older to be married with parental permission. After the FLDS group moved to Eldorado, the law was changed to make 16 the youngest age of marriage with parental consent. While it is hard for me to imagine my soon to be 14 year old daughter being married, if you look at history it is fairly normal for girls to marry soon after puberty. If it was okay in Texas in 1908, or 1988, why is it not okay in 2008? It would be interesting for most of us to research our great grandparents and older to see what age they married at. It might put this whole "underage" marriage issue in a different light.
The ultimate question is does that state of Texas have to follow their own laws about the burden of proof that is required before seizing children. The appeals court has said they do. But the court system and CPS got away with disobeying the law for 60 days. Who will repair the trauma caused to the children by the state's illegal actions? Will CPS or Judge Walther be disciplined in any way for the refusal to follow Texas law?
Another good summary article.
The state supreme court slapped CPS and Judge Walther today(5/29). They affirmed the appeals court decision that the children were in no immediate danger and should be returned to their parents within a reasonable time period. The ruling technically applied to only 124 children and 38 parents, but the rest of the parents are attempting to be added and Judge Walther may reverse her ruling. A victory for justice, but not until after the families had been abused by the CPS and the legal system for over 60 days.
It will be very interesting to see if any charges are filed against any of the men who were supposedly abusing children.
(5/31) Apparently Judge Walther doesn't like being slapped by the Texas Supreme Court for not following the law. In this article she is setting requirements on the parents getting their children back. The can't leave the state(this one I think is reasonable), they can't travel more than 60 miles from home without her permission, they must take parenting classes(state approved), and the must allow CPS on the ranch to interview the children and continue their witch hunt(clearly unconstitutional). If the parents don't sign these agreements they won't get their kids back. She also said she would only sign the document after all of the 38 mothers signed it(not individual decisions as the law requires). This should continue to be interesting. But I think the tide of public opinion is turning.
Also, interestingly the Supreme Court decision referenced 5 girls who the state says have been abused. That is 5 out of 460 something. And that is only if the state is right about the ages and the abuse(their story changes daily). Still no arrests of child abusers or molesters.
Lawyers cry foul in FLDS seizures
Impeach Judge Walther
"The Department (CPS) did not present any evidence of danger to the
physical health or safety of any male children or any female children
who had not reached puberty," the panel wrote in its order.
Here is a link to the Houston Chronicle article and some comments by Tim Lambert from the Texas HomeSchool Coalition
Update on Parental Rights Challenge: FLDS vs CPS
The law says that the state must show that the children are in imminent danger. That was clearly not true of all the children that were removed. Although it could be true of girls near puberty IF the state has proof of a pattern of underage marriages.
With regard to underage marriages. Up until several years ago, Texas law allowed 14 and older to be married with parental permission. After the FLDS group moved to Eldorado, the law was changed to make 16 the youngest age of marriage with parental consent. While it is hard for me to imagine my soon to be 14 year old daughter being married, if you look at history it is fairly normal for girls to marry soon after puberty. If it was okay in Texas in 1908, or 1988, why is it not okay in 2008? It would be interesting for most of us to research our great grandparents and older to see what age they married at. It might put this whole "underage" marriage issue in a different light.
The ultimate question is does that state of Texas have to follow their own laws about the burden of proof that is required before seizing children. The appeals court has said they do. But the court system and CPS got away with disobeying the law for 60 days. Who will repair the trauma caused to the children by the state's illegal actions? Will CPS or Judge Walther be disciplined in any way for the refusal to follow Texas law?
Another good summary article.
The state supreme court slapped CPS and Judge Walther today(5/29). They affirmed the appeals court decision that the children were in no immediate danger and should be returned to their parents within a reasonable time period. The ruling technically applied to only 124 children and 38 parents, but the rest of the parents are attempting to be added and Judge Walther may reverse her ruling. A victory for justice, but not until after the families had been abused by the CPS and the legal system for over 60 days.
It will be very interesting to see if any charges are filed against any of the men who were supposedly abusing children.
(5/31) Apparently Judge Walther doesn't like being slapped by the Texas Supreme Court for not following the law. In this article she is setting requirements on the parents getting their children back. The can't leave the state(this one I think is reasonable), they can't travel more than 60 miles from home without her permission, they must take parenting classes(state approved), and the must allow CPS on the ranch to interview the children and continue their witch hunt(clearly unconstitutional). If the parents don't sign these agreements they won't get their kids back. She also said she would only sign the document after all of the 38 mothers signed it(not individual decisions as the law requires). This should continue to be interesting. But I think the tide of public opinion is turning.
Also, interestingly the Supreme Court decision referenced 5 girls who the state says have been abused. That is 5 out of 460 something. And that is only if the state is right about the ages and the abuse(their story changes daily). Still no arrests of child abusers or molesters.
Lawyers cry foul in FLDS seizures
Cycle of Abuse: The FLDS Raid
FLDS Update: Judge-Attorney conference ends in confusion
Free the Texas children now!Impeach Judge Walther
1 comment:
I've already told you this in person, but I figured I'd post it here for everyone. My wife's great-grandmother was married at 13 and had her first of 6 children at 14. Granted, she married a 19 year old not a 50 year old. I think it's hard to imagine 14 year-olds getting married today because, honestly, how many 14 year-olds do you know that are mature enough for marriage? Girls back then just grew up faster. Some may argue that is a bad thing, but if our goal is to raise competent, mature, responsible adults, then the sooner they're prepared for real life the better. I think it varies with the child, but if they're mature enough (again, rare today) and the match is solid (in spritual, financial, and relational aspects) I don't see a problem with it. Not that it wouldn't be weird, but that's probably because we just don't see it at all today.
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