I am not a lawyer. I have a B.A. degree in social sciences: history, psychology and government, and completed a paralegal program. I’m also a christian. The following is based on my interpretation of the Bible and understanding of the U.S. legal system.
You may find better case citations for null and void orders and need to Shepardize (update) cases before citing them. If you can provide better citations or wish to point out errors, please send an email to me at: firstname.lastname@example.org.
You assume the risk for civil disobedience which may include time in jail and must decide for yourself if the U.S. Constitution is worth the risk. I spent a total of about 9 months in jail for civil disobedience to ILLEGAL court orders. I write this to attempt to persuade others to organize in mass numbers to either DEMONSTRATE as per the FIRST AMENDMENT for your rights as a U.S. Citizen, or to civilly disobey extortion (so-called "child-support") orders. We need a civil rights movement like that of the 1960s. First Amendment ACTION is preferable to going to jail, but civil disobedience is justifiable.
FIRST AMENDMENT: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
OBEDIENCE AND CIVIL DISOBEDIENCE
"It is better to suffer for doing good... than to do evil." *
What does the Bible say?
We are supposed to obey the law and authorities:
"Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and he will commend you." -- Romans 13:1-3.
What is the RIGHT thing to do?
Some soldiers in Abu Ghraib Prison followed illegal orders to torture prisoners. Obviously, all civilians and soldiers have a duty to do the RIGHT thing including to disobey illegal orders because even a soldier's superior has NO AUTHORITY to issue illegal orders. Torture is illegal, as are kidnapping and extortion.
Who or What is the Authority to which all U.S. Citizens must submit?
"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness." -- The Declaration of Independence.
Our founding fathers presumed that the Creator was their Authority, and NOT any man. They enshrined this concept in the Declaration of Independence and in the Instrument to implement that Authority -- the U.S. Constitution.
Our Authority, is the U.S. Constitution.
Who is the Ruler for U.S. Citizens?
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." -- Preamble, U.S. Constitution.
The People, endowed by their Creator, established the U.S. Constitution which provides both for the courts and rights guaranteed to all U.S. Citizens. All courts operate by and are subject to the highest Law of the Land: The U.S. Constitution. And no man is above the law.
Our Ruler, is We, The People and those elected or appointed officers provided by, and all being subject to the U.S. Constitution.
When is civil disobedience justified?
"Render therefore unto Caesar the things which are Caesar's; and unto God the things that are God's." Matthew 22:21
...And the high priest asked them, saying, "Did we not strictly command you not to teach in this name? And look, you have filled Jerusalem with your doctrine, and intend to bring this Man's blood on us!" But Peter and the other apostles answered and said: "We ought to obey God rather than men." -- Acts 5:27-29
Our children belong to God. He entrusts us to raise them. The government (caesar) has no jurisdiction over our children unless a parent commits and is convicted of some crime and is incarcerated, abandons them, or is otherwise physically incapacitated from being a parent. Fit and willing parents have the right to raise their children, according to numerous state, federal and Supreme Court rulings on the constitutional right to be a parent.
When judges disobey the U.S. Constitution by denying fit parents their children, those judges are violating their oath of office and rebelling against that Authority which God, according to the Declaration of Independence and the U.S. Constitution, has instituted through We, The People.
The U.S. Constitution is our Ruler and Authority to which we must submit when judges rebel against it. In such a case, We The People have a duty to obey that highest Law of the Land, and not to obey the rebellious judge's unconstitutional order.
If we obey an order by a judge who rebels against The U.S. Constitution, thus against God, we are joining in that rebellion against God and trampling on the U.S. Constitution which is the Authority to which we are beholden.
All U.S. courts act under authority of the U.S. Constitution. When judges disobey and violate the U.S. Constitution by acting outside of their jurisdiction or by denying due process of law to parents in court, their orders are null and void, that is, of no legal effect. Judges have no legal authority but that allowed under the U.S. Constitution and must adhere to the U.S. Constitutional provisions guaranteeing rights of all U.S. Citizens contained therein.
And the courts belong to We, The People, not to judges. Judges are employees of the People whose tax dollars pay for their service.
"Courts are constituted by authority and they cannot go beyond the power delegated to them. If they act beyond that authority, and certainly in contravention of it, their judgments and orders are regarded as nullities. They are [254 U.S. 348, 354] not voidable, but simply void, and this even prior to reversal." Elliott v. Peirsol, 1 Pet. 328, 340; Old Wayne Life Ass'n v. McDonough, 204 U.S. 8 , 27 Sup. Ct. 236.
The constitutional right to be a parent is clear enough for U.S. Citizens. For Christians, who the Bible instructs to train up our children in the way they should go, our duty is even clearer. We should obey God, and not man...or any judge who unconstitutionally steals our children when we are fit parents. The U.S. Constitution is our Authority by which We, The People maintain the Rule of Law, endowed by our Creator.
I believe it is evil to obey unconstitutional court orders, but I do not advocate placing children in insecure situations or not returning them to the "custodial" parent, even if the custody order is unconstitutional. Even if the "custodial" parent exploited the divorce industry to obtain custody, lawyers most likely lied to her and informed her she had the "right" to get custody. It would likely be traumatic for a child to be present when you are arrested for contempt of court or perhaps criminal charges.
However, I believe it is morally justifiable to disobey an unconstitutional order to pay extortion (so-called "child-support"). You, and not your child, will suffer the consequences. Of course, doing so without others joining you will be a very lonely experience if you go to jail, and less effective than an organized approach, but it is still a moral thing to do to avoid doing evil, that is, paying extortion. It is a peaceful means to civilly disobey and protest against the divorce industry.
While going to jail may be morally justifiable, it would not be necessary to go to jail, separately or in mass numbers, if exiled parents would organize consistantly to demonstrate and expose family court injustice in the streets, courthouses and in the media, as if their lives depended on it. Their souls, on judgment day, may well depend upon it.
Some argue that payment is necessary so the children's needs will be met. They will attempt to make you feel guilty or call you a "deadbeat" dad. But if the state steals children from fit, willing parents, the state is liable to provide for them, in addition to being liable for kidhapping, civil rights violations, money damages for intentional infliction of emotional distress, etc. (See: List of Violations... on website).
The state has no authority to force fit, willing parents to pay what is in fact extortion after illegally taking a child. DON'T ACCEPT THE LIE (Orwellian double speak) when they call extortion "child support".
If you are not willing to civilly disobey by refusal to pay extortion, you can at least write on your extortion check "EXTORTION # _______ (provide the state's "child support" /extortion I.D. number / slave #) on the check, as a lesser form of protest. And never refer to extortion as "child support". Call it what it is -- extortion. Stand on your First Amendment right to free speech and expression by writing "EXTORTION" on the check.
You should not agree to direct deposit unless you agreed to pay child support. Why make it easy for them to steal your money? If they want to steal your money electronically let them go through the legal process to forcefully attach your wages.
I also believe it is evil to pay into the divorce industry by hiring an attorney, which is like pouring gasoline on a fire, or like paying a priest for forgiveness when one has not even committed a sin, or like paying a mechanic to fix your car after his associates have broken it. The divorce industry expects and is counting on you to hire an attorney out of desparation to get back with your kids, just as a drowning man will grasp at anything to stay afloat.
I respect and praise all those who engage in civil disobedience to evil. I confess, 9 months in jail was all I could do before I submitted again to make the extortion payments, but at least I threw a wrench in the divorce industry machine for a while and acted without an attorney after the first year. If you face criminal charges you have the right to a court appointed attorney and most importantly, the right to demand a jury trial, no matter what lie they try to tell you.
My point is this: if enough exiled parents become active and follow our founding fathers' advice in the First Amendment for dealing with tyrannical government, by speaking out publicly and in the press and on the Internet, and by petitioning the government for redress of our grievances, going to jail should not be necessary. If we suffer in the process of following their advice, that is suffering for doing good. It is evil to do nothing.
"All that is necessary for the triumph of evil is for good men to do nothing". Edmund Burke
It is better to suffer for doing good... than to do evil.*
*1PE 3:14 But and if ye suffer for righteousness' sake, happy are ye: and be not afraid of their terror, neither be troubled;
1PE 3:17 For it is better, if the will of God be so, that ye suffer for well doing, than for evil doing.
1PE 4:16 Yet if any man suffer as a Christian, let him not be ashamed; but let him glorify God on this behalf.
1PE 4:19 Wherefore let them that suffer according to the will of God commit the keeping of their souls to him in well doing, as unto a faithful Creator