A dad complains that the clerk in the court for his case is denying him the ability to file documents related to his case.

Here is my reply to him in the hope that it may help other parents in their search for justice.

I am not a attorney and this is not legal advice.

Firstly, I would consider an attorney to handle these interactions if the clerk is not accepting documents. If I wanted to create my own documents, I might hire a legal secretary to prepare them and a process server to deliver them to the clerk. If I wanted to do these things on my own, I would ask a trusted witness to accompany me in person to the court clerk and ask them to silently observe so that they can be called on later to testify to our interactions truthfully. It is better if this person is not a family member nor someone with whom I'm romantically involved, and is someone who is generally seen as credible and honest. For example, an attorney or a religious leader.

Possible:

18 U.S. Code § 242 - Deprivation of rights under color of law

https://www.law.cornell.edu/uscode/text/18/242

If this refusal were accompanied by a purposefully false claim of why the papers cannot be filed, or without explanation based on an implied claim that the clerk is fulfilling their duties, it may be:

Deceptive claims by the clerk regarding why they may not fulfill their duties may be:

Fraud is both a civil tort and criminal wrong.

In civil litigation, allegations of fraud might be based on a misrepresentation of fact that was either intentional or negligent. For a statement to be an intentional misrepresentation, the person who made it must either have known the statement was false or been reckless as to its truth. The speaker must have also intended that the person to whom the statement was made would rely on it. The hearer must then have reasonably relied on the promise and also been harmed because of that reliance.

https://www.law.cornell.edu/wex/fraud

Possible failure to "protection of civil rights". Failure to "use of the reasonable and prudent parenting standard"

42 U.S. Code § 671 https://www.law.cornell.edu/uscode/text/42/671

Possible failure to respect:

"There is a fundamental right under the Fourteenth Amendment for a parent to oversee the care, custody, and control of a child."

Troxel v. Granville, 530 U.S. 57 (2000)

https://supreme.justia.com/cases/federal/us/530/57/

Possible honest services fraud:

For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services.

18 U.S. Code § 1346.Definition of “scheme or artifice to defraud”

https://www.law.cornell.edu/uscode/text/18/1346

https://en.wikipedia.org/wiki/Honest_services_fraud

I would consider specifically getting information from the clerk as to why they are refusing to accept evidence or motions.

Possible criminal conspiracy against rights:

"If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or"

18 U.S. Code § 241.Conspiracy against rights

https://www.law.cornell.edu/uscode/text/18/241

Other possible federal crimes.

If this refusal to accept legal documents or evidence is based on a demand that you pay a lawyer to do the same, it may be:

Extortion

Forcing action or obtaining something by illegal means. Anyone may commit extortion through force or coercion. A public or private official may also commit extortion under the color of office.

https://www.law.cornell.edu/wex/extortion

If this is a matter in which a child is or is alleged to abused, and the clerk is aware of that, and they are knowingly making false statements or refusing their duties in order to deny that child a loving parental relationship, their actions may be child abuse.

A person who, while engaged in a professional capacity or activity described in subsection (b) of section 226 of the Victims of Child Abuse Act of 1990 on Federal land or in a federally operated (or contracted) facility, or a covered individual as described in subsection (a)(2) of such section 226 who, learns of facts that give reason to suspect that a child has suffered an incident of child abuse, as defined in subsection (c) of that section, and fails to make a timely report as required by subsection (a) of that section, shall be fined under this title or imprisoned not more than 1 year or both.

18 U.S. Code § 2258.Failure to report child abuse

https://www.law.cornell.edu/uscode/text/18/2258

If the evidence of motions includes allegations of domestic violence, and the clerk refuses to accept it based on the sex of the accuser or their sexual orientation (including but not limited to straight) it may be a violation of the civil rights under:

"No person in the United States shall, on the basis of actual or perceived ...sex..be excluded from participation in, be denied the benefits of, or be subjected to discrimination underany program or activity funded in whole or in part with funds made available under [VAWA]"

https://www.justice.gov/sites/default/files/ovw/legacy/2014/06/20/faqs-ngc-vawa.pdf

If this is a matter related to child support, especially if child support would lower, then this allegedly illegal act may be related to maximizing the Title IV-D incentive payments using illegal means.

Possibly defrauding the United States:

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

18 U.S. Code § 371 - Conspiracy to commit offense or to defraud United States

https://www.law.cornell.edu/uscode/text/18/371

The refusal to accept evidence or motions in an attempt to avoid work to process a child support or child custody modification for the purpose of maximizing funds may be a violation of the civil rights of participants to access services under the Title IV-D program, and may be:

(a)Whoever, if the circumstance described in subsection (b) of this section exists— (1)being an agent of an organization, or of a State, local, or Indian tribal government, or any agency thereof— (A)embezzles, steals, obtains by fraud, or otherwise without authority knowingly converts to the use of any person other than the rightful owner or intentionally misapplies, property that— (i)is valued at $5,000 or more, and

18 U.S. Code § 666.Theft or bribery concerning programs receiving Federal funds

https://www.law.cornell.edu/uscode/text/18/666

State child support, parenting time, and child protection, and elder abuse are all primarily funded under federal law Title IV-D and Title IV-E. Consider filing complaints.

HHS Office of Inspector General

Phone. 1-800-HHS-TIPS (1-800-447-8477)

https://oig.hhs.gov/fraud/report-fraud/contact.asp

HHS Office of Civil Rights

https://www.hhs.gov/civil-rights/filing-a-complaint/index.html

Department of Justice Civil Rights

The Civil Rights Division of the Department of Justice, created in 1957 by the enactment of the Civil Rights Act of 1957, works to uphold the civil and constitutional rights of all Americans, particularly some of the most vulnerable members of our society. The Division enforces federal statutes prohibiting discrimination on the basis of race, color, sex, disability, religion, familial status and national origin.

https://www.justice.gov/crt

Anyone may report federal crimes to the FBI.

(202)324-3000

http://tips.fbi.gov/

I wish you the best of luck in your search for justice.