what makes a family court judge only have to abide by state law when the state laws should abide by federal l?

Question

should a judge of any court system weather it be family court or other court abide by federal laws which state laws should abide by federal laws? in accordance with the fourteenth amendment? shouldn't a family court be held up to the same standards of that a court who does abide by federal laws? shouldn't a family court judge abide by the due process of the laws and the protections of those laws? how is family court a legal court if it doesn't give due process and abide by federal laws?

Answer 1

Federal laws are not as wide as state laws as they apply to those things the federal government is responsible for; family court and divorce laws are typically state laws and have no federal counterpart so the federal court would have no basis to act on them. Some laws are both state and federal and the standard rule for federal and state regulations is really pretty simple-the state can be more restrictive then federal but cannot make something legal that is illegal under federal law; this usually applies to regulations such as transportation rules, work place rules and EPA regulations and not to criminal laws. Congress has made some "family" type rules/laws and when that happens the state must follow the federal guidelines or be harsher then federal but they can't be easier. Congress made military retired pay divisible in state courts but restricted the amount that can be taken (outside of child support) based on length of marriage while the person was in the military and a state court has to agree with that-they cannot make it indivisible or say it all belongs to either party as an example. If I retired from the military (I did) and I was married for 10 of my twenty years then got divorced 20 years later my ex-wife could get up to 25% of my retired pay. A court could give her less but could not force me to give more and if we were married for all 20 years she could get half. Those figures have nothing to do with child support but to what was called alimony.

Answer 2

All courts are required to, and do abide by the due process requirement of the fourteenth amendment. The fourteenth amendment, by the way is not a law. It is an amendment to the Constitution on which laws are based. If you feel that a court has violated your due process rights, you can appeal to first the state supreme court, then the Federal District court and finally to the Supreme Court of the United States. It won't be cheap, and you may not get anything out of it, but you are certainly entitled to try.

Answer 3

The due process was installed to prevent criminals from getting a retrial due to some sort of illegal procedure by law enforcement officials. Not family cases are the same therefore due process will be useless. Federal law is there for serious crimes and I believe the Constitution was written by our Four Fathers bc they felt that there should be a law of the land(federal) and they this gave the states the right to make local laws(state) due to the fact that not every man was view as an equal. Afro-American didn't have the same rights as Caucasians. In addition, the Federal was installed as a safe guard--just in case a person was acquitted in the local level, they could be tried at the federal without the risk of double jeopardy.

Answer 4

Hi,

The family court and federal magistrate courts of Australia and all the judges (magistrates), family report writers, and Child reps, and QLD police are all "CORRUPT", thanks to john howard. There should be no family courts , I have been through the court system twice and my family has suffered greately. the judges do not listen or even acknowlege real evidence they only believe hearsay. the report writers are compleatley corrupt and don't investigate anything correctly. and the judges only care to read and acknowlege the family reports. In Qld judges won't reconize family domestic violence or violence against a women. You have no chance in Qld if u are a woman. A father can bash you while you are holding your baby. And you have medical evidence and police charges and another child witness to prove it. But the judge will dismiss it as "A VOLITILE RELATIONSHIP" The woman is usually blamed. totally ignoring the rule about doestic violence, they do this only to give 50/50 shared care regardless of the real facts! Magistrates to becareful of who support domestic violence against women are (without predjudice in my opinon and I have the right to free speech)Magistrate Bauman, Magistrate who do not know there facts and believe just hear say and not evidence are Susan sully purdon.Women are being put in jail for speaking the truth and trying to pretect there babies who are these judges to tell us and punish us for stuff they know nothing about they have no idea wat really goes on. they only must do wat they were all corrupted to do and give 50/50 shared care at all cost even if a child or mother will suffer in the end. I have so much eviendce in my case when it was going and none of it was even considered. there should be not a court system, it should be a tribunal. oh yeh and wat about the finacially burdon of this corrupt system as if it wasn't hard enough to through the courts. by the end of it your life and family has been destroyed and the only people who come out laughing are the magistrates, and the lawyers,and the family report writers and they do nothin but make things worse. they go home to there exspensive lifestlye and exspensive cars and come back to work the next day ready to destroy another family...The magistrate follow there own laws they have no regard for anyone else. they have a god complex.

Answer 5

It is NOT going to condemn the Muslim Community as a whole. You are missing the point. What these guys want to do is to be able to practice Sharia LAW, which is NOT recognised in this country, under the umbrella of being PART of their religion! They CANNOT introduce such a Law without it being passed by EVERY State in the Union!!! To pass such a law in Oklahoma, we would have Muslims flocking to that State, just to "practice" their religion and Sharia Law!!! There is NO place for Sharia Law in our country. We have laws of our own, one of which is a person doesn't have the right to kill another, OR beat a woman whenever they want to! The Muslims MUST understand, there is a difference between a LAW and the act of praying! One is passive, the other is taking matters into ones own hands without going through OUR Justice system! We have enough murders being committed as it is, without having to deal with Sharia Law. If people want to practice it, then they had better go back to their own countries where it is legal! And Allah have mercy on the lot of you!

Answer 6

A family court judge has to abide by both state and federal law.



Your question really makes no sense.

Answer 7

Your question is a little scattered.

Family law is dictated by state law, which is supplemented by federal law when it comes to recognition of the ruling in other states.

The Constitution is followed in family court, why do you have reason to think otherwise?

Answer 8

Because they're corrupt.