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Demand for Congressional Action to Address ADR and Non-Judicial Practices in Family Courts

To: The Honorable Mike Johnson, Speaker of the House of Representatives

**The Honorable Chuck Schumer, Senate Majority Leader

We demand urgent Congressional intervention to address the unconstitutional and fraudulent practices occurring in family courts across the United States. Judges and commissioners, acting under the guise of judicial authority, are functioning as referees in Alternative Dispute Resolution (ADR) proceedings, violating constitutional protections and harming families nationwide.

The Problem

Family courts are not operating as judicial courts of law. Instead, they use ADR mechanisms, including forced mediation, where:

    •    Judges and Commissioners Act Outside Judicial Capacity: These officials act as referees, not as real judges. Under Carper v. Fitzgerald, 121 U.S. 87 (1887), actions taken outside judicial capacity are not protected by judicial immunity.

    •    Contracts Are Unlawfully Altered: The Contract Clause of the U.S. Constitution (Article I, Section 10) prohibits states from impairing private contracts. Yet, family courts interfere with legally binding marital and custody agreements without due process or mutual consent.

    •    Due Process is Ignored: ADR mechanisms deny parents the procedural safeguards guaranteed under the 14th Amendment, stripping them of their constitutional rights under the guise of efficiency.

    •    Systemic Fraud is Perpetrated: Referees misuse judicial titles to coerce families into consent agreements that lack lawful authority, all while generating revenue for the courts and affiliated service providers.

The Demand

We call on Congress to:

    1.    Declare ADR in Family Courts Unconstitutional: Stop the misuse of ADR processes in family courts where judges and commissioners act outside their judicial capacity.

    2.    Restore Judicial Oversight: Ensure that family court matters are adjudicated by actual judges in lawful courts of record, adhering to principles of due process and equity.

    3.    Enforce the Contract Clause: Prevent family courts from impairing private agreements, including marital and custody contracts, without explicit consent and lawful justification.

    4.    Hold Non-Judicial Actors Accountable: Investigate and hold commissioners and judges personally liable for issuing orders outside their lawful jurisdiction, as outlined in Carper v. Fitzgerald.

    5.    Create Federal Oversight: Establish federal accountability mechanisms to ensure family courts comply with constitutional protections and end fraudulent practices.

Why This Matters

Family courts have devolved into administrative systems that prioritize revenue over justice. By acting as referees in ADR proceedings, judges and commissioners undermine the Constitution and deny families their fundamental rights. This is a systemic violation of the rule of law that must end.

Conclusion

Congress must act now to restore integrity to family courts. End the misuse of judicial titles, stop unconstitutional ADR practices, and ensure that families are protected under the principles of due process, common law, and the Constitution.

Sincerely,

Your Name