Historic US Supreme Court Case on Behalf of America’s Mothers and Children

BettyJean Downing Kling


June 9, 2011


Historic US Supreme Court Case on Behalf of America’s Mothers and Children


DISTRIBUTED FOR CONFERENCE   JUNE 23, 2011                                                                            

 Case 10-1381 Petition for Certiorari Attached



The Sacks v. Sacks case has been distributed for conference on June 23, 2011. Just imagine the US Supreme Court in Washington DC will discuss the Sacks v. Sacks Petition for Certiorari Case 10-1381 on June 23, 2011 and will decide if they will hear the case.


Linda Marie’s daughter in April 2007, said “Mommy fight for us, and do something every day to get us back, and don’t ever stop”. This Florida Mother has kept her promise to her daughter’s and now is speaking on behalf of America’s children and their “protective parents”.


Sacks is speaking for all of America’s children and addresses the failure of the courts and child protective services to protect our children. This cert being reviewed shows the documented evidence of an epidemic which shows how courts  give custody  of children to the batterers and pedophiles, while the safe, loving non-offending parent is sanctioned by the court to having their contact terminated or being placed on supervised visitation without any case plan or reunification plan.


Sacks,  a pro se litigant, and after reading Justice Scalia’s book “Making Your Case” The Art of Persuading Judges, used this valuable information in her Briefs to the Fifth District Court of Appeals in 2009, and  this book was instrumental in helping her formulate her cert petition for the US Supreme Court.  


Imagine, Sacks going to “Internet Law School”,  reading law books,  and researching how to write a cert petition, in her effort to be re-united with her children, and addressing  this national crisis for parents all over the US.  She needed to file a cert in the 90 days time, as this is the time frame allotted by the US Supreme Court rules.


On March 2, 2011, Peter Jamison from the SF Weekly published the article, Illegal Guardians: When Judges Give Custody To Abusive Parents the Family. This article documents child sexual abuse cases and the identified perpetrator/ pedophile will get sole physical custody of the minor child(ren), and the safe protective parent, will be restricted to supervised visitation or all contact will be terminated. It’s on page 24 and 25 of the Cert as well. (sf.weekly.com)


This national case  clearly shows how fit parent’s all over the U.S. are being be deprived of a relationship with their children, and this case exposes the national crisis for America’s children who are victims of child sexual abuse and or physical abuse, and the failure of family courts to protect them.


This is a liberty right protected by the United States Constitution, for a parent-child relationship, but not protected by family courts or CPS all over the U.S.


The National Organization for Women, NOW and the NOW Ad Hoc Law Committee are addressing this issue and in their Spring 2011,  “and explore what can happen to a protective mother and her children when she does nothing more than to protect her children”, as quoted on page 36 of the Petition for Certiorari.


The Petitioner, in the US Supreme Court case, Linda Marie Sacks, has been chosen as the “Poster Mother” of the Family Court Crisis, is interviewed for the article.(www.now.org) Click on the Family Law Spring Newsletter. Page 36 of the Cert Petition.


This “squeaky clean” Mom, truly the “All American Mom” has only seen her children for 83 hours in 4 years and 3 months, under supervised visitation at the local visitation center. Sacks says she is one of the lucky ones, as documented cases, and personal stories from Mothers across the US, and International cases in the UK and Australia show that some never are allowed to see their children after an erroneous ruling by a lower court, or an appellate court, or State Supreme Court.


 In the Sacks case, the “Court appointed” psychologist, Dr. Deborah O. Day of Psychological Affiliates is quoted on page 5 as she stated “that it is this examiner’s opinion that this child is experiencing a significant mental health crisis, likely to pediatric bipolar, and therefore that negates any child sexual abuse”. Then Dr. Day thwarted the investigation by the police department and DCF, Dept. of Children and Family. The child never had pediatric bipolar, but yet Dr. Day falsely labeled her, and provided false and misleading information to the court, and failed to protect the minor children. (Page 5 and Appendix J of the Cert Petition).


This is a rare opportunity for the US Justices to review an historical case, which could establish case law, clearly needed to uphold the constitutional of the United States, for a parent to establish a home, and to the care and custody of their children, and violated in courtrooms all across the U.S.


The last time a case similar to this was presented to the U.S. Supreme Court was Wendy Titelman’s case. Ms. Titelman’s book, A Mother’s Journal Book One: Let my Children Go! details her children’s case in Cobb County, Georgia where her children were placed in the custody of their allegedly abusive parent after the failure of that family court system to protect her children. Ms. Titelman’s book is cited in the Sacks Cert Petition and, on page 38 includes a quote from Hon. Sol Gothard who said,”the problems expressed in Wendy’s book are epidemic and widespread.”


These cases and outcomes are so widespread, they have gained the attention of our Department of Justice’s Office on Violence Against Women and advocates all over the United States. (Page 12, 13 and 37 of the Cert Petition).


According to The Leadership Council, 58,000 are court-ordered to live with a sexually or physically abusive parent after a divorce in the U.S. This a “public health crisis” for America’s children.(www.leadershipcouncil.org). This information is included in Ms. Sacks’ petition on page 24.


The California Protective Parent Association (www.protectiveparent.com) cites case studies showing a clear pattern of similar cases and has asked for Congressional hearings to address
this crisis. Sacks petition pages 34-35.


This is a perfect opportunity for advocacy groups, national organizations and law firms to file an amicus briefs, and top national organizations are ready to sign on in support of the Petitioner, Linda Marie Sacks, and the issues raised about the crisis in the family courts.


 Linda Marie Sacks states, “This is an historic case for all of America’s children who are not being protected by the official avenues which were put in place to protect them. I am truly the “All American Mom”
and never did I ever imagine, that I could lose custody of my children for believing them and trying to protect them. The family court system is giving pedophiles and batterers custody. Typically, the parental rights of safe and absolutely fit protective parents are being terminated – or like me are placed on supervised visitation for years without a case plan or reunification plan.”


Please forward to all and thank you for all you do, as YOU are part of the solution to this nationwide crisis.


Press Contact:


Kathleen Russell

Executive Director

Center for Judicial Excellence

495 Miller Avenue, Suite 304

Mill Valley, CA 94941

Main 415.388.9600 Fax 415.388.4610




For more information on Amicus Briefs please contact:


Linda Marie Sacks







No. 10-1381



Linda Marie Sacks, Petitioner


David Michael Sacks, et al.


May 11, 2011

Lower Ct:

District Court of Appeal of Florida, Fifth District


  Case Nos.:


  Decision Date:

December 7, 2010

  Rehearing Denied:

February 7, 2011



~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~

May 6 2011

Petition for a writ of certiorari filed. (Response due June 10, 2011)

May 17 2011

Waiver of right of respondents David Michael Sacks, et al. to respond filed.

Jun 7 2011

DISTRIBUTED for Conference of June 23, 2011.








Attorneys for Petitioner:



Linda Marie Sacks

P.O. Box 730966

(386) 453-3017


Ormond Beach, FL  32173


Party name: Linda Marie Sacks







One Response

  1. As I sit here, in Cherokee County, GA, not far from Cobb, I have no problem understanding, … seeing … the social structure that fosters this situation, and unless I miss my guess, it will be next to impossible for the typical Congressional Representative to even LOOK at this issue. They are the prototypes of the kind of “positioned” interference that puts these families in this trap.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: