In the name of my children and every child suffer through divorce!
My observation, knowledge, and believe:
In 2013 to 2016 Dr. Nabil Guirguis MD and his children found themselves in the middle of a cut throat pre-planned divorce. During this time Dr.Guirguis witnessed the suffering of his children for as much as they state’s psychological, social, judicial, child protective service, police, magistrate, and school divorce system talked about “the rights of children,” it was clear their rights were on the bottom of the list in any decisions , procedures, and plans taken by these agents.
The parent who is perceived as caring for the child is the parent who comes “under the wrath of the system . It is like finding the raw skin and sticking your finger in it to stir the pot.
In general, it is observed that fathers are more harmed by the system than mothers. Those with patriotic paternal characteristics are harmed more vigorously. Apparently, they are more protective and do not accept the intrusion of system in their rights and the rights of their children. Mothers with similar characteristics are noted to become victims too and significant numbers of them suffers as well. So, it is not just the sexual identity of the parent that determines the outcome, it is indeed far more complex.
After two and half years in-depth studying the law and case histories and after reviewing the courses that are taught to the social workers, political science, law enforcement, consulting and interviewing tens of individuals and experts in this area, it appears that the issue the affected children are facing are rather systematic.
Initially, I thought the law was created unfair but after a consultation with a well-respected family court judge who held good ethical values, he stated the law was fair but the law routinely applied in unfair way.
Other risk factors for poor outcome for the parent include but not limited to the following:
+ Arm Forces personnel
+ Different accent
+ Different National origin
+ Ability to generate money
+ Marital Assets
Delayed Justice is injustice. It is true and it affects the children more than the parents because of the physiologic nature of rapid growth running through different stages of life in just few years. The family court is just the first stop in the journey to justice that include a total of three state stops and two Federals. The family court is very primitive in its nature with minimum emphasis on the role of evidence. As judge Lori B. Jackson admitted in one of her hearings, she had no civil, legal, human, or constitutional rights in her court for the children or the father! The decisions in the family court are supposed to be primary decisions and they can be over turned in circuit court or Supreme Court, however, the content in the case file is paramount throughout the legal journey and because this contents are usually determined arbitrarily by a judge in the absence of a jury, the file could be poisoned against the children and one parent if careful attention is not paid.
The children are stuck between a rock and a hard place. On one hand, the state courts don’t pay attention to the civil rights or the constitutional rights and apparently are left to the federal court even though each state has similar laws. On the other hand, the federal court developed a doctrine over the years that avoided the civil and the constitutional rights of the children and left them for the state. This created a serious gap where the children fell through and find no legal remedies for their damages when their rights being neglected or abused. This allowed the cold heart individuals on power to use the children as tools to stir the pot for the emotionally vivid parent and protract the litigation.
The divorce is certainly is economically more viable than the continuation of marriage. The divorce opens up the marriage safe for beneficiaries to take and ultimately all pay taxes to the city, county, and the state. However, this economic force is not sustainable because this is a self-destructive process that will ruin the building blocks of any community i.e. The family. When one parent is doomed unfairly in the court and when the community know that he/she had nothing to deserve that it sends a chilling threat to all parents with similar profile. It also entice all greedy parents to take advantage of the judicial system. And, this creates vicious cycle that feeds each other. With divorce rate sky rocketing over 50% now, the divorce system is certainly became a gold mines for many to dig from. The long-term economic impact of this enterprise on the city, the county, the state and the country is NOT good for many reasons that include the decline of responsible patriotic generation and its impact on work force, military, and border security.
Facing overwhelming issues of corruptions and after extensive research, Dr. Guirguis determined that the ONLY approach hold the culprits accountable was to pursue civil RICO claim in US District Court of Northern West Virginia, which he filed pro se on December 2015 to protect the statute of limitations for some of his business claims. He requested the court to stay until he was able to find an expert in this high complex area of the law.
On March 2016, when he was googling civil RICO, Dr. Guirguis came across the California Coalition for Families and Children and its executive director Cole Stuart JD. After couple of interviews between the two parties, it was clear that there was meeting of minds in the mission and vision. Dr. Guirguis requested the help of Mr. Stuart in establishing a much-needed children and family service in West Virginia and he was prompt in making such goal a reality. The WV coalition for families and children is an independent Public benefit Corporation registered in Delaware but a replica in mission, vision, business conduct, tax status, etc., to its sister the California coalition for families and children.
This is not the first time Dr. Guirguis took strong stand in behalf of the weak and vulnerable. In 2008, Dr. Guirguis’ position and legal actions in BEHLAF of the dialysis patients and in hospital patients undergoing surgeries are well-known. The link between the quality of dialysis dispute between Dr. Guirguis v. the medical establishment and the divorce case is currently under investigation. Dr. Guirguis believes that the divorce was a cover up for serious business crimes.
The take home message is regardless the cause of the divorce or any other considerations, the civil and constitutional rights of the children must find a legal venue!!!
The federal complaints are currently pending in the US District Court of Northern West Virginia.
Dr. Nabil Guirguis, MD, MS, CPE, FASN
President, Board of Directors
West Virginia Coalition for Families and Children, PBC
A Delaware Public Benefit Corporation
A replica of the C-CFC. http://www.weightiermatter.com
Health & Care Justice, PBC
A Delaware Public Benefit Corporation
Kidney Dialysis and Transplant Group,
Gentle Dialysis Center, HEMOdial+,
MedStar Real Estate and Development,
⚖ Thinking Green ⚖
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